Loading...
BOYNTON.10 Chapter 10 GARBAGE, TRASH AND OFFENSIVE CONDITIONS* Art. I. In General, 88 10-1-- 10-21 Art. II. Refuse, Garbage and Trash, 88 10-22--10- 49 Art. III. Abandoned Property, 88 10-50--10-54 Art. IV. Reserved, 88 10-55--10-61 *Cross references-Sanitation placed within department of public works, ~2-2; removal of dead animals, ~' 4-10, 4-11; nuisances arising from keeping of animals, ~ 4-13; open burning, ~ 9-3; stench bombs and other offensive matter, ~ 15-11; litter, ~ 15-26 et seq.; disposal of refuse and trash on beaches and in parks, ~ 16-49. ARTICLE I. IN GENERAL Sec. 10-1. Reserved. Editor's note-Section 2 of Ord. No. 88-39, adopted Sept. 7, 1988, repealed former ~ 10-1, which pertained to penalties and derived from Code 1958, ~ 13-42. Sec. 10-2. Lands to be kept free from trash or filth. The owners of lands within the city shall keep the same and one-half of any abutting street, alley or easement free from any accumulation of trash or filth, broken tree limbs or branches, uncontained garbage or refuse, any containers or materials which could hold or conceal pools of water, and heavy dense or dank growth of weeds, grass, underbrush, palmettos, Florida holly trees, or other uncultivated vegetation, or other dead or living plant life, which might constitute a fire hazard, serve as a breeding place for or harbor insects, rodents, wild animals, snakes or other pests or vermin, or give off an offensive odor, [which] shall in each constitute a nuisance when any parts or accumulation of growth are located within fifty (50) feet of the boundary of any developed or maintained adjacent property located in the corporate limits of the City of Boynton Beach. In the event accumulation or growth constituting a nuisance is defined herein or located on acreage, then only that area which is within fifty (50) feet or less from the nearest boundary shall be declared to be a nuisance. It is further found and declared that said accumulation and growth are detrimental to the economic welfare of the adjacent property, and injurious to the public safety, heakh and welfare of the City of Boynton Beach and its inhabitants. Said nuisances also adversely affect economic growth, stability and prosperity of said city and its inhabitants. It is further found and declared that dense, undergrowth, weeds and vegetation either cultivated or uncultivated that are allowed to grow so as to impede and obstruct the normal view of intersections, railroad crossings or traffic signs from streets, roads and highways are traffic hazards and are hereby declared to be a nuisance. (Code 1958, 88 13- 15, 13-18, 13-27; Ord. No. 80-27, 8 1, 7-15-80; Ord. No. 82-28, 8 1, 9-21-82) Sec. 10-3. Lands to be kept free from matter occasioning hurricane hazards. All lands in the city shall be kept free from debris, vegetation (including trees) or any other matter, which by reason of height, proximity to neighboring structures, physical condition or other peculiar characteristics, might, in time of hurricane winds, cause damage to life or property within the immediate area surrounding the same. The existence of any debris, vegetation or other matter as shall create such a hazard is hereby declared to be a nuisance. (Code 1958, 8 13-17) Sec. 10-4. Inspection of lands to determine violation. The city manager or his designated representative shall, as often as may be necessary, inspect lands within the city to determine if violation of this chapter exists. (Ord. No. 89-47, 8 1, 12-5-89) 1998 S-7 1 2 Boynton Beach Code Sec. 10-5. Notice of violation required. If the city manager or his designated repre- sentative shall determine that a public nuisance exists in accordance with the standards set forth in these sections on any lot, tract, parcel, or other real property, within the city, whether improved or unimproved, he shall forthwith notify the owner of the property as the ownership appears upon the last complete records of the county tax assessor. The notice shall be given in writing by first class mail, postage prepaid, which shall be effective and complete when properly addressed as set forth above and deposited in the United States mail with postage prepaid, and shall be considered sufficient notice. In case of multiple or joint ownership, service as herein provided on any one (1) owner shall be sufficient. The personal delivery by the city manager or his designated representative in lieu of mailing shall be equivalent to mailing. In the event that the mailed notice is returned by the postal authorities, the city manager or his designated representative shall cause a copy of the notice to be served upon the occupant of the property or upon any agent of the owner thereof. In the event that personal service upon the occupant of the property or upon any agent of the owner thereof cannot be performed after reasonable search, the notice shall be given by a physical posting of the notice on the subject property. (Ord. No. 89-47, § 2, 12-5-89) Sec. 10-6. Content and form of notice. (a) The Notice provided for in section 10-5 shall notify the owner of the land of the following: (1) It has been determined that a public nuisance exists on his land, and what constitutes that nuisance. (2) The owner of the land shall have ten (10) days from the date of the notice to remove the condition causing the nuisance on the land. (3) If the conditions are not corrected or removed, the city shall have them corrected or removed at the expense of the owner, i a c o s t S 0 i a n a ( 4 ) T h e o w n e r s h a v e t e n ( 1 0 ) d a Y S f r O rn t h e d a t e o f rn a Y rn a n a g r f a h e a r i n g b 0 r e a t r e e P e r S 0 n b 0 a r d w t P b 1 i C w 0 r a n t C 0 C 0 Ill P 1 i a n C a 1 d W i t h i n t e n ( 1 0 ) d a Y S 0 f t h e d a t e t h e P e t i t i 0 n e r ltl a t h e a r i n g a r e w t C 0 n d i t i 0 n S d a t e d b Y t h e c i t Y a t t h e e x P e n S e o f t h e o w n e r a n d t h e d i S n o b a d e n S e a t r e r e rn e n t a a h e a r i n g t b 0 a r d d n e s t t C 0 n n u s a n C e t h 0 w n e r o t P S h a v e a n n d i t i 0 n S a f t e F W h i C h t h e c i t Y S h a 1 1 h a v e t h e F i g h t t 0 P e r t Y 0 W n e r t h e o w n e r h a s n 0 t r e q U e s t e d a h e a r i n g t h a v e t 0 0 n a b 1 e c o n d i t i 0 n C 0 r r e c t d 0 r r e 1TI C 0 n d i t i 0 n a b a t e d a n d P a Y rn e n t n 0 t r e c e i V e d W i t h i n e s s m e n t f 0 r t h e c o s t 0 f t h e w o r k t 0 g e t h e r w i t h a 1 1 C 0 h a v e a 1 i e n P 1 a c e d a g a i n S t t h e P r 0 P e r t Y f 0 r t h e c o s t C 0 S t S P 1 U S i n t r S t a t t h r a t 0 f i g h t P r C n t 0 t S u m S w f 2002 S-18 Garbage, Trash and Offensive Conditions 3 (b) The notice required by section 10-5 shall be in substantially the following form: NOTICE OF PUBLIC NUISANCE Date TO: ADDRES S: Our records indicate that you are the owner(s) of the following property in Boynton Beach, Florida: (describe property) You are hereby notified that the City Manager or his designated representative of the City of Boynton Beach, Florida, has on the __ day of , t 9 ., determined that a nuisance exists on your property in violation of section of the City of Boynton Beach Code of Ordinances. The nuisance is more particularly described as follows: (describe nuisance) You, as the owner/owner(s) of the above- described property have ten (10) days from the date of this notice to correct or to remove the condition causing the nuisance from the property in order to comply with the above-referenced to city ordinance. If the conditions are not corrected or removed within this time, the City of Boynton Beach shall proceed to correct or remove the conditions at the expense of the owner/owner(s) of the property, which expense shall include the costs of inspection and administration. You also have the right, within seven (7) days from the date of this notice, to file a written petition with the City Manager or his representative for a hearing before a three person board composed of the City Manager, the Director of Public Works/ Engineer, and the Director of Recreation and Parks, or their designee, which hearing shall be held within ten (t0) days of the date the petition is received by the City Manager. The issues to be determined at said hearing are whether the conditions do in fact exist and why the conditions should not be abated by the City at the expense of the owner, and the time limits for such abatement. The source of the condition shall not be a defense against the requirement that the condition shall be abated by the owner. If after a hearing the board determines that the conditions which exist on the property constitute a public nuisance, the owner or owners of the property shall have an additional seven (7) days to correct or remove the conditions after which the City shall have the right to have the conditions abated at the expense of the property owner. If the owner has not requested a hearing within seven (7) days, the City shall have the right to have the objectionable condition corrected or removed at the expense of the owner. If the City has the condition abated and payment is not received within thirty (30) days after the mailing of a notice of assessment for the cost of such work together with all costs of inspection and administration, the City shall have a lien placed against the property for the costs of the work, including inspection and administration costs, plus interest at the rate of eight (8) percent, plus reasonable attorney's fees, and other costs of collecting said sums, without further hearing by the board or City Commission. CITY OF BOYNTON BEACH BY: City Clerk (Ord. No. 89-47, § 3, 12-5-89; Ord. No. 02-033, § t, 8-20-02) Sec. 10-7. Hearing. (a) The owner of the property shall have the right, within ten (10) days from the date of the notice of public nuisance provided for in this chapter to file a written petition with the city manager for a hearing before a three-person board composed of the city manager, the director of public works and the code compliance administrator, or their designees, which hearing shall be held within ten (t0) days of the date the petition is received by the city manager. 2002 $-18 4 Boynton Beach Code (b) The issues to be determined at the hearing are whether the conditions do in fact exist and why the conditions should not be abated by the city at the expense of the owner, and the time limits for the abatement. The source of the condition shall not be a defense against the requirement that the condition shall be abated by the owner. (Ord. No. 89-47, § 4, 12- 5-89; Ord. No. 02-033, § 1, 8-20-02) will be incurred. Nothing herein shall be construed to prevent the city administration from exercising its discretion of whether to increase or decrease charges based on cost or bid considerations or utilize a means other than that contemplated in the notice provided for in this section to abate the condition violative of this chapter. (Ord. No. 89-47, § 5, 12-5-89) Sec. 10-8. Abatement by city; notice of estimated cost. (a) If after a hearing, as provided for in section 10-7, the board determines that the conditions which exist on the property constitute a public nuisance, the owner of the property shall have an additional seven (7) days to remove or correct the conditions, after which the city, through the city administration or agents or contractors hired by the city administration shall have the right to have the conditions abated at the expense of the property owner. If the owner has not requested a hearing within seven (7) days, the city, through the city administration or agents or contractors hired by the city administration, shall have the right to have the objectionable condition corrected or removed at the expense of the owner. If the city has the condition abated and payment is not received within thirty (30) days after the mailing of a notice of assessment for the work together with all costs of inspection and administration, the city shall have a lien placed against the property for the cost of the work, including inspection and administration costs, plus interest at the rate of eight (8) percent, plus reasonable attorney's fees, and other costs of collecting the sums, without further hearing by the board or commission. (b) Seven (7) days prior to the condition being corrected by, or at the cause of, the city, notice shall be sent by first class mail, postage prepaid, to the owner apprizing the owner of the estimated cost of abatement. In the event the city administration contemplates having the condition corrected by a contractor, the notice shall contain a list of the prices bid. In the event the city administration contemplates having the condition corrected by the city personnel, the notice shall set forth the estimated charge which Sec. 10-9. Abatement bid procedure. (a) The city shall obtain competitive bids at intervals no less than yearly for an hourly rate for services entailed in carrying out the abatement of nuisances under this chapter. The successful bidders shall be required to provide insurance and bonding as the city deems advisable. The city shall notify all bidders of the price of the lowest bid and those bidders who agree to perform services at the low bid price shall be placed on a list for use in nuisance abatement. (b) The city shall prepare an estimate of the number of hours needed to abate each nuisance. If the person or company abating the nuisance exceeds the estimate by more than fifteen (15) percent, the city shall investigate to determine if the additional hours are justified, and shall make a report of its findings to the building official. The building official shall negotiate any discrepancies in billing with the contractor. If the matter cannot be resolved, it shall be referred to the city manager who shall be the final arbiter of the billing dispute. A copy of this section shall be attached to the bid documents so that all bidders are advised that billing disputes will be resolved in this manner. (Ord. No. 89-47, § 6, 12-5- 89) Sec. 10-10. Bidding and contracting provisions preemptive. The bidding and contracting provisions set forth in this chapter are preemptive of all bidding, purchasing, and contracting provisions of this Code for purposes of this chapter. (Ord. No. 89-47, § 7, 12- 5-89) 2002 $-18 Garbage, Trash and Offensive Conditions 5 Sec. 10-11. Assessment of costs, interest, and attorney's fees; lien. As soon after the abatement as is feasible, the city manager shall report to the commission the cost of the abatement, including the costs of inspection and administration. Thereafter, the commission shall by resolution assess the cost against the subject parcel. This resolution shall describe the property assessed, show the cost of the abatement, including costs of inspection and administration, and indicate that the assessment shall bear interest at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, that the property owner would be required to pay the cost of the proceedings including a reasonable attorney's fee. This resolution shall become effective thirty (30) days from the date of adoption, and the assessment contained therein shall become due and payable thirty (30) days after the mailing date of the notice of the assessment. In the event that payment has not been received within thirty (30) days after the mailing date of the notice of assessment, the city clerk shall record a certified copy of the resolution in the public records of the county, and upon the date and time of recording the certified copy of the resolution, a lien shall become effective on the subject property which shall secure the cost of abatement, including costs of inspection and administration, and collection costs including a reasonable attorney's fee. At the time the city clerk sends the certified copy of the resolution for recording a notice shall also be mailed to the property owner in substantially the following form: NOTICE OF LIEN accordance with city ordinances my office has Date TO: ADDRES S: You are hereby advised that the City of Boynton Beach did on or about the __ day of , 19 , abate the nuisance which was found to exist on your property. The nuisance was abated at a cost, including costs of inspection and administration, of__. In P a Y rn n t T h P a Y rn n t r e m e n t S a n n u m C i t Y B 0 Y n t 0 n B e a C h P a Y m e n t W i 1 1 e x e c u t e r e rn 0 V e enacted in lieu thereof a new Art. II, pertaining to the samessubject matter. Former Art. II was derived from Coddg958, ~' 13-~13-6, 13-9, 13-11, 1 1 CITY OF BOYNTON BEACH BY: City Clerk (Ord. No. 89-47, § 8, 12-5-89) Sec. 10-12. Enforcement of assessment. The city may enforce the assessment by either an action at law or foreclosure of the lien provided in section 10-11, which shall be foreclosed in the same manner as mortgages are foreclosed under state law. In either type of action, the city shall be entitled to interest at the rate of eight (8) percent from the date of assessment, collection cost, and reasonable attorney's fees. (Ord. No. 89-47, § 9, 12-5-89) Secs. 10-13--10-21. Reserved. ARTICLE II. REFUSE, GARBAGE AND TRASH* *Editor's note-Ord. No. 82-29, ~ 1, enacted Sept. 21, 1982, repealed former Art. II, ~' 10-2~ 10-39, relative to refuse, garbage and trash, and 6 Boynton Beach Code 13-13, 13-3~13-41, and Ord. No. 80-20, ~ 1, adopted June 3, 1980. suitable bale by which it may be readily Sec. 10-22. City to collect and dispose of garbage; supervision; regulatory authority. All garbage and some trash and horticultural refuse accumulated in the city shall be collected, conveyed and disposed of by the city under the supervision of the public works director. The public works director shall have authority to make administrative regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to the collection, conveyance and disposal not otherwise set by the city commission or the city manager as he shall find necessary, and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof. (Ord. No. 82-29, § 1, 9-21-82) Sec. 10-23. Definitions. For the purpose of this article, the following words and terms are defined as follows: Additional pickup means a collection of garbage, combustible trash, noncombustible trash or yard trash required due to the inappropriate container, lack of containerization and/or size or type of material placed out for pickup. Commercial means places of business including, but not limited to hotels, motels, restaurants, offices, industries, stores and other locations which hold themselves out to the public as places of business or accommodations. Containers or receptacles: (1) "Noncontainerized" means the use of a standard thirty- three (33) gallon or less garbage can constructed of light gauge steel, galvanized metal or plastic with a tight-fitting lid; such receptacle to have two (2) handles upon the sides thereof or a lifted for the purpose of easily emptying into a sanitation vehicle. 2 n e r i z e d m e a n s a d m e c o n t a in c 1 1 Y d i a P t Y P S a n i t a t i 0 n v e i g h t C U b i C Y a r d S a d a P t a b 1 e t 0 C i t Y e q U i P rn e n t d b Y t h e o c c u P a n t S W h 0 C h 0 0 S e t 0 U S e t h e rn i n S i d e b U i 1 n f P i r e u s e b in a n s a n a e c e i v e t h Dispose means to deliver to approved landfill or transfer station or other approved disposal method. e Refu~ shall mean any or all of the following: garbage, o~mbustible trash, noncombustible trash, and yard lkash. Such items are hereby further defined as followsv a 1 e n t 0 t r g 0 n S 0 ¥ ¥ u a n g e n e r a t i 0 n 0 n o x i 0 S 0 r o e n S i v e g V e a s a b r e e d i n g 0 r f e e d i n g m a t e r i a 1 f 0 r 0 r o t h h C 0 n t a i n e r S e x c e P t r e c Y C 1 a b 1 e c o n t a i n e r S w d r e e d i n g P 1 a c e f 1TI 0 S 0 e s o r o i n S e c t S G t r a s h A C C u in u 1 a t i 0 n S 0 P 0 r w o o o r n a t U r 0 t h r t h a n g a r b a g W h i C h a r U S U a 1 t 0 h 0 U S k Garbage, Trash and Offensive Conditions 7 offices, and other business places. (3) "Noncombustible trash:" Materials that are not burnable at ordinary incineration temperatures, such as metals, mineral matter, metal furniture and auto bodies and parts. (4) "Yard trash:" Shall mean vegetative matter resulting from landscaping maintenance and land-clearing operations including accumulation of lawn, grass, shrubbery cuttings, dry leaf rakings, palm fronds, small tree branches not to exceed four (4) inches in diameter or four (4) feet in length. Yard trash shall be collected on scheduled pickup days. Residential means any structure or shelter or any part thereof used or constructed as a residence for one or more families. Sanitation supervisor means the director of public works and his duly authorized agents. Special pickup is a collection resulting from a call from residents to the public works department to arrange a "special pickup" for items not collected weekly. Such pickups include the following items: Washers, dryers, furniture (including mattress and springs), rugs and other household items. Horticultural refuse larger than one cubic yard will also have to be arranged by the resident with the public works department. Special pickups will be coordinated with the resident and the sanitation supervisor as to time, place, date and items to be picked up. Items to be picked up will not be deposited at curbside prior to approval of the sanitation supervisor. Waste material means and includes sand, wood, stone, brick, cement, concrete, construction blocks, roofing and other refuse building materials usually left over from a construction or remodeling project also trees, tree stumps, tree limbs larger than four (4) inches in diameter and longer than four (4) feet in length, except palm fronds. (Ord. No. 82-29, § 1, 9-21-82; Ord. No. 92-12, § 1, 6- 2-92; Ord. No. 94-28, § 1, 9-9-94) Sec. 10-24. Residential noncontainerized collection. (a) The occupant of each household in the city is hereby required to provide refuse containers of sufficient capacity to hold four (4) days' accumulation of garbage and loose trash from each household. (b) The city will collect noncontainerized residential refuse under the following conditions: b e c o 1 1 e c t e d t W i C e P e r w e e k a t C U r b S i d e f r 0 m r e s i d e n 0 r S a 1 d b a g S P 1 a c d W i t h i n f i V 0 f C U r b S e x c e e d t P 0 u n d S A 1 1 C 0 n t a i n e r S S v e f a n o r u c t i 0 n t ltl a i e r e w U S d f 0 r S t 0 r a g 0 f g a r b a g b U t m U S t b P 1 a c d a b 0 V 0 1 1 e c t e d W i t h h 0 U S e h 0 1 d g a r b a g e b U t W i 1 1 b e P i C k e d U t r a s h C a o b C 0 n t a i n e r i z e d S b P 1 a c e Y t r a s h 1TI U S n o b C 0 1TI 1TI W h 0 u S e h 0 1 d g e 1 Y f r 0 m a 1 1 0 t h e r t r a S h a t C U r b S i d e P 1 a C i n g 0 f Y a r d P h i b i t d C 0 n s t r u c t i 0 n d a u r u c k n 0 t b e P i C k e d U P b Y t h e c i t Y a n d 0 W n e r s m U S t m a k e a r r h b S u t i a n a r 0 v a 1 b Y t P 0 n t a i n e r n 0 t a P P r 0 v e d b Y t h e P U b 1 i C W 0 r k S d i r e c t 0 r a n P 1 a c e d u t C 0 n t a i n e r h a n d e d t t 0 w n e r o r o c c 8 Boynton Beach Code (3) (4) (6) shall no longer use the container for collection. It shall be unlawful for any person to place, in such unapproved container, any garbage or other material and the owner or occupant of said premises shall provide a new container to take the place of the unapproved can. All yard trash shall be placed in approved containers or bundled for pickup. No loose material, such as leaves, grass clippings, hedge clippings, and yard sweepings shall be set out for collection. Special waterproof disposable refuse bags or any other containers may be used. When such bags or any other containers are used, the responsibility for protection of either the bag or the container and the contents shall rest with the property occupants. Rupture of or damage to the bag or container from any cause resulting in the scattering of refuse prior to the arrival of collection personnel will obligate the user to reassemble all of the refuse and provide an undamaged bag or container prior to pickup by the city. Yard trash too large for containers and consisting of tree branches, palm fronds, brush, trimmings, etc, shall be cut in lengths not exceeding four (4) feet and not more than four (4) inches in diameter. (Length limitation does not apply to palm fronds.) Accumulations shall be stacked in compact piles at curbside within the confines of residents' or owners' side property lines. Deposits of refuse shall not obstruct pedestrian or vehicular traffic. The city will not collect yard trash produced from commercial tree trimming operations, landscape and lawn maintenance operators. No refuse shall be placed on property owned or occupied by others without permission. Accumulation of waste material of any type shall not be permitted to remain in street right-of-way in excess of four (4) days. ( 7 ) A 1 1 W t g a r b a g m a t t r S h a 1 1 i t h r b W r a P P d U n d 1 e d S 0 t h a t 1 e a k a g e f r 0 rn C 0 n t a i n e r P r e v e n t e d A a i 1 Y d i t C 0 n t a i n e r S h e r e i n r e T i a o a 1 i q u i d A 1 1 r e u S e c o n t a i n e r S S b k m e s n e c e s s a r Y t 0 t h e c o v e r f 0 r t h e P U r P 0 S e o f d e e rn P t Y i n g S U C h C 0 n t a i n e r i n t 0 a d i S P 0 S a 1 V e h i C 1 e ( 8 n o r a a c e n t t a n s P r o n t r S 0 n S U S i n g t h e c i t Y S 0 r S i d e w a 1 k S e x c e P t h u w r e u s e c o a r e c u s t 0 in a r i 1 Y 1TI a W i t h i n t h r q U i r d d i S t a n C 0 f t h f 0 r t h P U ltl a n w c o n t a i n e r S S b P t r e in a i n d u w S u C h C 0 1TI a P 0 b i 1 i t Y 0 f t h r S i d n t ( 9 ) S P i a 1 P i k U P S h a 1 1 b V S 0 r a s t t P 1 a c e d a t e a n i t b P i r (Ord. No.[82-29, § 1, 9-21-82; Ord. No. 92-12, §§ 2--4, 6-202; Ord. No. 94-28, § 2, 9-9-94) i d Sec. 10-2~. (a) service: Containerized commercial and residential collection. P Regulations governing containerized i 0 t a r 0 v a 1 0 t S a n i t a t i 0 n S u r v i S 0 r C a r r i d O u b Y t C a c o in in e r c i a 1 O r ltl U i 1 Y Garbage, Trash and Offensive Conditions 9 residential establishments in the promotion of improved sanitary conditions for the prevention of health hazard. Containers are supplied by and shall remain the property of the city. The user is responsible for the protection of containers placed to serve his premises. The user shall be liable to the extent of the cost of repairs or replacement of containers when damaged by fire, negligence, vandalism or other forms of abuse. (2) Free dumping access to containers at all times shall be provided by the user. All containers shall be located so that the collection vehicle driver can dump containers without leaving the vehicle. (3) Customers using garbage chutes or interior storage shall provide containers on rollers which will be the responsibility of the owner or occupant for maintenance. The owner shall be responsible for placing (rolling) them to the proper position for emptying and in time for emptying. (4) The size or number of containers shall be determined by the volume of refuse to be deposited and will be in direct relationship to the manner in which the user elects to utilize the space provided in said container or containers. Charges shall be assessed on the basis of cubic yards of refuse removed from premises whether manually compacted or loose. (Ord. No. 82-29, § 1, 9-21-82) applicable shall mutually arrive at a satisfactory arrangement to meet collection requirements. (b) [When refuse collected.] Refuse from commercial establishments will be collected daily or as necessary to meet sanitation standards. Refuse from containerized residential units will be collected twice a week. (c) Duty to record and bill users of city system. The sanitation supervisor shall cause to be kept, an accurate record of all persons using the services and facilities of the said municipal refuse collection and disposal system and make charges in accordance with the rates and charges herein established. (d) [Burying refuse prohibited.] It shall be unlawful for any person to bury in the ground any refuse. (e) [Unlawful deposits.] It shall be unlawful for any person to deposit refuse upon any vacant or unoccupied premises in the city or upon any occupied property without the permission of the owner or upon any street, alley, park, parkway, or in any canal, waterway, rock pit and sand pit, pool or lake within the city. Cross references-Depositing litter in bodies of water, ~ 15-30; pollutingpark waters, ~ 16-26. (f) Mulch or compost piles permitted. Horticultural trash and refuse containing no combustible matter, or which will not, during decay, give off offensive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the premises upon which accumulated. Sec. 10-26. General regulations. (a) Predetermination of refuse storage sites required. Prior to the issuance of a building permit by the city building department for the renovation, modification or erection of a new structure other than single-family dwellings, provisions must be made for the storage and handling of refuse. Such arrangements shall provide free access to containers by mechanized equipment at all times. Acting jointly, the public works department and the city building department and the builder-owner-occupant as (g) I4/ho may collect and convey refuse. All refuse accumulated in the city shall be collected, conveyed and disposed of by the city government or a licensed commercial hauler approved by the city for a specific type of collection at a specific location. No person shall collect, convey over any of the streets or alleys of the city, or dispose of any refuse accumulated in the city without a written contract or permit approved by the city. However, this section shall not prohibit the actual producer of refuse or the owner of premises upon which refuse has accumulated from personally collecting, conveying and disposing of such refuse, provided such producers 10 Boynton Beach Code or owners comply with the provisions of this section and with all other governing laws and ordinances. Commercial tree trimmers, landscape and lawn maintenance operators shall dispose of all waste produced by their operation. (Ord. No. 82-29, § 1, 9- 21-82) Editor's note-Subsection 10-26(h), relative to the disposal of construction or industrial wastes, had been deleted as being duplicative of ~ 10-30. per month Sec. 10-27. Reserved. Editor's note-Provisions designated ~ 10-2 7, and enumerating certain violations, have been deleted by the editor as being duplicative of ~ 10-31. Sec. 10-28. Purpose of rates and charges. The rates and charges herein set forth are imposed to provide revenue for the purpose of paying the costs of the operation and maintenance of the refuse collection and disposal system of the city and extensions thereof and replacements thereto and for any other lawful purpose as so determined by the city commission. (Ord. No. 82-29, § 1, 9-21-82; Ord. No. 94-28, § 3, 9- 9-94) Sec. 10-29. Rates and charges for city service. The rates and charges for refuse collection service provided by the city shall be as follows: (a) Commercial containerized, excluding multifamily residential units: (1) Monthly commercial charges shall consist of a total of the following three (3) items: a. Container rental charge-A monthly flat fee charge to cover the cost of the container by size as follows: 2 cu. yd. container-S19.40 C 0 n t a i n e r m 0 n t h m 0 n t h C 0 n t a i n e r m 0 n t h t h e P a 1 m B e a C h C 0 U n t Y W a S t e A U t h 0 r i t t e n t h r e e A t 0 0 t h e r e s b 1 i S h d a t S e v e n t Y C e n t S b C 0 n a P r 0 r a t e d b a S e d 0 n t r a C 0 m P a c t 0 r r e f U S e s h a 1 1 h a v e t h e d i S P 0 S a 1 r a t e c o m P U t f i S u S e c t i 0 n C n e r s w c o 1TI e n t a 1 C O S t S h a 1 1 b e c h a r g e d ( 4 ) T W O ( 2 ) O r m O r e b U S i b e c h a r g e d b a s e d 0 n t h e s i Z e a n d n U m b e r o f P i C k U P S a s a n J u S e g e n e r a t i n g t C u Y 0 r 0 1 1 a r s a n d S e v e n t Y t W 0 C e n t S 7 2 ) P e r m 0 n t h t 0 b e (b) Noncontainerized commercial service: (1) Refuse picked up from residential type cans at commercial establishments shall have their level of service negotiated by the public works department with an opportunity to appeal the rate to city commission. (c) Residential rates (noncontainerized) : (d) (e) (1) Ten dollars and fifty cents ($10.50) per month for single-family dwellings. (2) Ten dollars and fifty cents ($10.50) per month for each family unit duplex or triplex. (3) Ten dollars and fifty cents ($10.50) per month for each family unit for apartments and condominiums. (4) Trailer parks, ten dollars and fifty cents ($10.50) per month per trailer. Residential rates (containerized, multi family): (1) Six dollars ($6.00) per month for each family unit for apartments and condominiums that are served by dumpster containers. (2) Six dollars ($6.00) per trailer in trailer parks. Special pickup: Special pickups of items not normally handled by the weekly garbage, trash or recycling pickup, whether due to the type of waste or the volume of waste, may be scheduled by contacting the public works department and the rate for such pickup shall be established by the director depending on the size and type of removal needed. Garbage, Trash and Offensive Conditions 11 (g) ]Minimum charge.] All properties shall be assessed no less than the minimum (f) Reserved. applicable rate schedule provided for in this S e c t i 0 n a u i 1 i t Y a c c o u n t t 0 r a r i 1 Y d i S C 0 n t 1 (h) a ~ommercial recycling: For commercial t b a S e r a f t a P P 1 i C a b 1 b i 1 1 i n e r c i a 1 r e c Y ~Table appears on following page] 1 i n g P t ltl 0 n h 1 Y r a s b a 12 Boynton Beach Code Garbage, Trash and Offensive Conditions 13 The public works director may establish extra pickup charges for commercial recycling based on the size and type of service needed. (i) School rates: A separate rate category for school service shall be established by the public works director, as the solid waste authority has established separate disposal charges for the public school system. These rates shall be based on the size of the container and number of pickups per month. O) Additional pickup: Additional pickups necessitated by the lack of adherence to the requirements set forth in chapter 10, article II shall be determined by the public works director, with the first pickup requiring a warning notice of the violation being provided to the resident of the property and the second pickup resulting in an additional charge of twenty-five dollars ($25.00). Subsequent pickups within a twelve-month time period will also receive a charge of twenty-five dollars ($25.00) per pickup. One (1) warning notice per every twelve (12) months will be afforded to the property owner or tenant. Warnings shall consist of placement of a door hanger on the property plus a notice letter sent regular mail to the named individual listed on the city's utility billing record at the service address. (Ord. No. 82-29, 8 1, 9-21-82; Ord. No. 83-36, 8 1, 10-18-83; Ord. No. 85-55, 8 1, 11-15-85; Ord. No. 86-36, 8 2, 10-21-86; Ord. No. 90-36, 8 1, 9-18-90; Ord. No. 91-63, 8 1, 9-19-91; Ord. No. 92-49, 8 1, 10-8-92; Ord. No. 93-33, 88 1, 2, 9-21-93; Ord. No. 94-28, 8 4, 9-9-94) Sec. 10-30. Disposal of construction, industrial or garage wastes. Waste material resulting from the construction, alteration, repair or demolition of buildings or structures or the cleaning of vacant lots must be removed by the owner or person performing such work. Waste products of packing houses, industrial plants and similar businesses, and spent oils or greases accumulated at garages, filling stations or similar establishments must likewise be removed by the owner or occupant of the premises. (Ord. No. 82-29, 8 1, 9-21-82) Sec. 10-31. Violations. It is hereby declared unlawful and a violation of this article for any person to do or permit to be done any of the following acts or practices: b e d e P 0 S i t e d 0 r P 1 a c e d i n a t r a s h C 0 n t a i n e r a n Y rn a t e r ( 2 ) T O f a i 1 O r n e g 1 e c t t O k e e P O r C a u s e t O b e k e P 0 r e a r e u s e c o n t a i n e r S ( u S 0 r S u O S e d e f i n e d a n d P r O v i d e d f O r i n t h i S a r t i C 1 e ( 4 ) T O a g e f r 0 m a n Y g a r b a g e c o n t a i n e r o t h e r t h a n b Y P e r s o n S (Ord. No. 82-29, § 1, 9-21-82) Secs. 10-32--10-49. Reserved. ARTICLE iii. ABANDONED PROPERTY* P *EdiWr's note-Ord. No. 87-2, ~' 1, 2, adopted Feb. 3, 1987, repealed former Art. IIL Abandoned, wrecked hr junked vehicles, being ~' 10-5~10-56, as derivecffrom the 1959 Code, ~' 29-~29-8, and enacted iri lieu thereof new provisions designated herein as etrt. IIL ~' 10-5~10-54. a 1 Sec. 10-55. Definitions. Y For the purposes of this article, the following words anchphrases shall have the meaning set forth u t h O r i z d b Y t C C O m m 14 Boynton Beach Code herein. According to context, words used in the present tense include the future, singular words include the plural, plural words include the singular, and masculine words shall include the feminine gender. Abandoned property means all tangible personal property which does not have an identifiable owner and which has been disposed on public property in a wrecked, inoperative, or partially dismantled condition or which has no apparent intrinsic value to the rightful owner. However, vessels determined to be derelict by the Department of Natural Resources in accordance with the provisions of Section 823.11, Florida Statutes, shall not be included in this definition. Antique motor vehicle is any motor vehicle of thirty-five (35) years or more which is registered with the State of Florida, pursuant to Florida Statutes, Section 320.086. City is the City of Boynton Beach, Florida. Enforcement officer means those employees or other agents of the city designated by ordinance, or duly authorized and appointed by the city manager, whose duty it is to enforce city codes. This definition shall include law enforcement officers. Inoperable motor vehicles. A motor vehicle shall be deemed inoperable and/or abandoned if a valid and current motor vehicle license is not affixed thereto in excess of thirty (30) calendar days; provided however, that this shall not apply to motor vehicles located on private property owned or leased by automobile dealers, new or used, possessing a current, valid, occupation license; nor shall this definition apply to any antique or collector vehicle which is registered with the State of Florida, pursuant to Florida Statutes, Section 320.086. Law enforcement officer means any full-time police officer employed by the city. Lost property means all tangible personal property which does not have an identifiable owner and which has been mislaid on public property, upon a public conveyance, on premises used at the time for business purposes, or in parks, places of amusement, public recreation areas, or other places open to the public in a substantially operable, functioning condition or which has an apparent intrinsic value to the rightful owner. Motor vehicle is a vehicle or conveyance which is self-propelled and designed to travel along the ground, and includes, but is not limited to, automobiles, buses, mopeds, motorcycles, trucks, tractors, go-carts, golf carts, campers, motorhomes and trailers. Private property is any real property within the city which is privately owned and which is not defined as public property herein. Public property means lands and improvements owned by the federal government, the State of Florida, a county or a municipality and includes sovereignty submerged lands located adjacent to the county or municipality, buildings, grounds, parks, playgrounds, streets, sidewalks, parkways, rights-of- way, and other similar property. Wrecked motor vehicle is any motor vehicle the condition of which is wrecked, dismantled, partially dismantled, incapable of operation by its own power on a public street, or from which the wheels, engine, transmission or any substantial part thereof has been removed. (Ord. No. 87-2, § 2, 2-3-87; Ord. No. 87- 29, § 1, 9-15-87) Sec. 10-51. Abandoned or lost property on public property, procedure. (a) Whenever a law enforcement officer of the city ascertains that an article of lost or abandoned property is present on public property and is of such nature that it can be easily removed, the officer shall take such article into custody and shall make a reasonable attempt to ascertain the rightful owner or lienholder pursuant to the provisions of this section. (b) Whenever a law enforcement officer ascertains that an article of lost or abandoned property is present on public property and is of such nature that it cannot be easily removed, the officer shall cause a notice to be placed upon such article in substantially the following form: Garbage, Trash and Offensive Conditions 15 NOTICE TO TIE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description) is unlawfully upon public property known as (setting forth brief description of location) and must be removed within 5 days, otherwise, it will be removed and disposed of pursuant to Chapter 705, Florida Statutes. The owner will be liable for the costs of removal, storage, and publication of notice. Dated this: (setting forth the date of posting of notice), signed: (setting forth name, title, address and telephone number of law enforcement officer). Such notice shall be not less than seven (7) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the law enforcement officer shall make a reasonable effort to ascertain the name and address of the owner. If such is reasonably available to the officer, he shall mail a copy of such notice to the owner on or before the date of posting. If the property is a motor vehicle as defined in Section 320.01 (1), Florida Statutes, or a vessel as defined in Section 327.02(27), Florida Statutes, the law enforcement agency shall contact the Department of Highway Safety and Motor Vehicles or the Department of Natural Resources, respectively, in order to determine the name and address of the owner and any person who has filed a lien on the vehicle or vessel as provided in Section 319.27(2) or (3) or Section 328.15(1), Florida Statutes. On receipt of this information, the law enforcement agency shall mail a copy of the notice by certified mail, return receipt requested, to the owner and to the lienholder, if any. If, at the end of five (5) days after posting the notice and mailing such notice, if required, the owner or any person interested in the lost or abandoned article or articles described has not removed the article or articles from public property or shown reasonable cause for failure to do so, the following shall apply: (1) For abandoned property, the law enforcement agency may retain any or all of the property for its own use or for use by the state or unit of local government, trade such property to another unit of local government or state agency, donate the property to a charitable organization, sell a 1 S e r v i C e ( 2 ) F 0 r 1 0 S t P r 0 P e r t Y t h e o f f i C e r s h a 1 1 f 0 r n i n t Y ( 9 0 ) d a Y S a n d P U b 1 i S h n 0 t i C 0 f t h a g n C g e n C Y e 1 e c t S t 0 r e t a i n t h e P r 0 P e r t Y f 0 r u S e b Y t h e u n 0 r s u r r n d r S u C h P t t f i n o 1 0 C a 1 g 0 v r n in n t 0 S a n C Y n o o s u h 0 n c e a w e e f t C 0 n S e c u t i v w e e i a n e P r 0 P e r t Y W a s f 0 U n d b I f t h e a g e n C Y e 1 e c t S t 0 t i V e b i d d i n g N 0 t i C e o f t h e t i m e a n d P 1 a c e o f t h e s a 1 i 0 n c e a w e e f t C 0 n S e c u t i v w e e i a t h e s a 1 e t 0 b e h e 1 d T h e n 0 t i C e s h a 1 1 i n C 1 U d e a 1 i e n S T h e s a 1 e m U S t b e h e 1 d a t t h e n e a r e s t S U i t a b 1 e h 0 r s o r e d T h a v e r t i S e in e n t 1TI U S i a d S a 1 e T h e s a 1 e m a Y t a k e P 1 a c e n 0 e a r 1 i e r t h a n t e n w S 0 g e n e r a 1 C r c u 1 a t i 0 n i t C 0 u n t Y w e r e t e a t d 0 0 r 0 t C 0 u r t h 0 u S e a n a t r e e o P r i 0 r t 0 S a 1 N 0 t i C 0 f t h a g n C Y S i n t n d d d i S P 0 16 Boynton Beach Code reasonably adequate to permit the rightful owner of the property to identify it. the law enforcement officer in the discharge of his (c) If the property is sold at public sale pursuant to subparagraph (b)(2)b, the agency shall deduct from the proceeds the cost of transportation, storage, and publication of notice, and any balance of proceeds shall be deposited into an interest-bearing account not later than thirty (30) days after the date of the sale and held there for one (1) year. The agency shall provide a bill of sale clearly stating that the sale is subject to any and all liens. The rightful owner of the property may claim the balance of the proceeds within one (1) year from the date of the above stated deposit by making application to the agency. If no rightful owner comes forward with a claim to the property within the designated year, the balance of the proceeds shall be deposited into the state school fund. (d) The owner of any abandoned or lost property who, after notice as provided in this section, does not remove such property within the specified period shall be liable to the law enforcement agency for all costs of removal, storage, and destruction of such property, less any salvage value obtained by disposal of the property. Upon final disposition of the property, the law enforcement officer shall notify the owner, if known, of the amount owed. In the case of an abandoned boat or motor vehicle, any person who neglects or refuses to pay such amount is not entitled to be issued a certificate of registration for such boat or motor vehicle, or any other boat or motor vehicle, until such costs have been paid. The law enforcement officer shall supply the Department of Natural Resources with a list of persons whose boat registration privileges have been revoked under this subsection and the Department of Motor Vehicles with a list of persons whose motor vehicle privileges have been revoked. Neither department nor any other person acting as agent thereof shall issue a certificate of registration to a person whose boat or motor vehicle registration privileges have been revoked, as provided by this subsection, until such costs have been paid. (e) Whoever opposes, obstructs, or resists any law enforcement officer or any person authorized by duties as provided in this section upon conviction is guilty of a misdemeanor of the second degree, punishable as provided in Section 755.083, Florida Statutes. (f) Any law enforcement officer or any person authorized by the law enforcement officer is immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this section. (g) The rightful owner shall be liable for the law enforcement agency's costs for transportation and storage of lost or abandoned property and the agency's cost for publication of notice of disposition of lost property. If the rightful owner does not pay such costs within thirty (30) days of making claim to the property, title to the property shall vest in the law enforcement agency. (Ord. No. 87-2, § 2, 2-3-87; Ord. No. 87-29, §§ 2, 3, 9-15-87) Sec. 10-52. Storing, parking, or leaving wrecked or inoperable motor vehicles on private properly prohibited and declared a nuisance; exceptions. (a) No person shall park, store, leave or permit the parking, storing or leaving of any abandoned property or wrecked or inoperable motor vehicle of any kind, whether attended or not, upon any private property within the city, except that, with respect to an inoperable motor vehicle, such vehicle may be parked, stored, or left on said property for a period of time not to exceed seventy-two (72) hours. The presence of such vehicles, or parts thereof, on private property is hereby declared a public nuisance which may be abated in accordance with provisions of this article. (b) This section shall not apply to: A m o d i 0 r u n S S h i C 0 n n e c t i 0 n w a b S e r V i C i n g a n d r e P a i r 0 f S U C h V e h i C 1 e s a n d P r 0 P e r 1 Y 0 P (2) Nor shall this section apply to any antique or collector vehicle which is registered with the State of Florida, pursuant to Florida Statutes, Section 320.086. However, no more than two (2) antique motor vehicles may be retained by the same owner for collection purposes unless they are appropriately stored. (c) Whenever the enforcement officer of the city shall ascertain that an article or articles of abandoned property are present on private property within the limits of the City of Boynton Beach in violation of the provisions of this article, the enforcement officer shall cause a notice to be placed upon such article in substantially the following form: NOTICE TO THE OWNER AND ALL z O n i n g O r n a n c e s O t C t Y ; Garbage, Trash and Offensive Conditions PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description) located at (setting forth brief description of location) is improperly stored and is in violation of (setting forth ordinance or regulation violated) and must be removed within ten (10) days from the date of this notice unless a hearing has been demanded in accordance with the terms of Chapter 10, Article I, Boynton Beach Code of Ordinances within ten (10) days of the date of this notice; otherwise, it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Boynton Beach and the owner will be liable for the costs of removal and destruction. Dated this: (setting forth date of posting of notice). Signed: (setting forth name, title, address, telephone number of enforcement 17 officer). Such notice shall be not less than eight (8) inches by ten (t0) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements for a period of ten (t0) days. In addition to posting the notice, on or before the date of posting the enforcement officer shall mail a copy of the notice to the owner of the real property upon which the abandoned articles are located, as shown by the real estate tax records used by the City of Boynton Beach, and if the abandoned property is a motor vehicle or boat, shall make a reasonable effort to ascertain the name and address of the owner and shall mail a copy of a notice to such owner. The notice shall also advise the person to whom the notices are applicable that they have seven (7) days from the date of posting and/or mailing of the notice to file a written petition to the city manager or his designee for a hearing before a three-person board which shall be composed of the city manager, the director of public works, and the code compliance administrator, or their designees; which herein shall be held within ten (t0) days of the date the petition is received by the city manager. 0 b d a t S a h e a r i n g a r e w t t C 0 n d i t i 0 n S S n o b a b Y t C a t e m e n t T h e s o u r c e o f t h e c o n d i t i 0 n S h a 1 1 n 0 t b e a d e f b e a b a t e d b Y t h e o w n e r a f t e r a h e a r i n g t h e b 0 a r d 0 C 0 n S t i t u t e a P b 1 i C n u s a n C t h 0 w n r o r o w n d t C 0 r r e c t 0 r r e in o v e t C 0 n d i t i 0 n S a w a b a t e d a t t h e e x P e n S e o f t h e P r O P e r t Y O W n e r ( 2 ) R ¢ r q U S t d a h a r i n g W i t h i n S V n ( 7 ) d a Y S t h C i t Y t i 0 n C 0 r r e c t e d 0 r r e rn 0 V e d a t t h e e x P e n S e o f t h e o w n e r n 0 t r e c e i V e d W i t h i n t h i r t Y ( 3 0 ) d a Y S a f t e r t h e f i 1 i n t w a c o s t S 0 i a n a r o f t C 0 S t 0 t w 0 r 0 e g h t P C e n t P 1 r e a s o n a b 1 a o r n e Y h e a r i n g a t t h e e n d 0 f 2002 S-18 18 Boynton Beach Code such notice, the owner or any person interested in the abandoned article or articles describing such notice has not removed the article or articles and complied with the ordinance or regulations cited in the notice, the enforcement officer may cause the article or articles of abandoned property to be removed or destroyed. The salvage value, if any, of such article or articles shall be retained by the local government to be applied against the cost of removal and destruction thereof, unless the cost of removal and destruction are paid by the owner as provided in section 10-54. The owner of any abandoned motor vehicle or the owner of the real property upon which the vehicles or other abandoned property is located, who after notice is provided in this article, does not remove the vehicle or other property within the specified period then they shall be liable to the City of Boynton Beach for all costs of removal and destruction of such property, less any salvage value received by the local government. Upon such removal and destruction, the local government officer shall notify the owner of the amount owed and of the penalty provision of the section. (3) Notification of removal to owner and other interestedpart~es. The enforcement officer, after taking possession of any motor vehicle pursuant to this article, shall furnish notice in accordance with this section by certified mail (return receipt requested) to the last known registered owner of the motor vehicle at his last known address within fifteen (15) days of the date of which possession of the motor vehicle is taken, with a copy of the notice to the owner or occupant of the property from which the vehicle is taken. The enforcement officer shall also contact the Department of Motor Vehicles, State of Florida, and such other agencies and departments of government in this and other states as are reasonably necessary to ascertain the names and addresses of other persons with record interests in the motor vehicle, including lien holders. Such other persons shall be given notice in the same manner as stated in the previous section. Notice under this section shall contain the following information: m 0 t 0 r v e h i C 1 e T h e n a m e a n d a d d r e s s o f t h e 1 a s t k n ¥ T h e d a t e o n W h i C h t h e m 0 t 0 r v e h i C 1 e w a s r e m 0 V e d 0 V e d T h e 1 0 C a t i 0 n i n W h i C h t h e rn 0 t 0 r v e h i C 1 e b The notice shall also advise the persons to whom it is given that the person who is entitled to possession of the motor vehicle may reclaim it upon payment to the city of all charges incurred by the city and the removal and storage of the motor vehicle, except that if such reclamation is not made within twenty (20) days after date of the notice, the right to reclaim the motor vehicle as well as all right, title and interest of said person in the vehicle, shall be deemed to be waived and that such person shall be deemed to have consented to the disposition of the motor vehicle by the city. If the city is unable to identify properly the last registered owner of any motor vehicle or if unable to obtain with reasonable certainty the names and addresses of the owner or other interested parties, including lienholders, it shall be sufficient notice under this section to publish the notice once in one newspaper of general circulation in the City of Boynton Beach. Such notice by publication may contain multiple listings of motor vehicles. A copy of any notice required in this section, as well as a copy of any certificate of sale issue 2002 S-18 Garbage, Trash and Offensive Conditions 19 hereunder by the city or its designee shall be forwarded to the Division of Motor Vehicles, State of Florida. (Ord. No. 87-2, § 2, 2-3-87; Ord. No. 02-033, § 1, 8-20-02) Sec. 10-53. Nuisance abatement bid procedure. The services entailed in carrying out the abatement of nuisances under this article may be performed by the city or be performed by an independent contractor obtained pursuant to the city's normal practices. (Ord. No. 87-2, § 2, 2-3-87) a notice shall also be mailed to the property owner in substantially the following form: NOTICE OF LIEN Date Sec. 10-54. Assessment of costs, interest and attorney's fees; lien. (a) Assessment. As soon after the abatement is feasible, the city manager shall report to the city commission the cost of such abatement, including the costs of inspection and administration. Thereafter, the city commission shall by resolution assess the cost against any or all of the assets of the owner of the property or against the property from which the vehicle was removed. Such resolution shall describe the property assessed, including costs of inspection and administration, and indicate that the assessment shall bear interest at the rate of eight (8) per cent per annum plus, if collection proceedings are necessary, that the property owner would be required to pay the cost of such proceedings including reasonable attorney's fees. Such resolution shall become effective immediately upon adoption, and the assessment contained therein shall become due and payable after the mailing date of the notice of said assessment. In the event that payment has not been received within the thirty (30) days after the mailing date of the notice of assessment, the city clerk shall record a certified copy of the resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording the certified copy of the resolution a lien shall become effective on the subject property which shall secure the cost of abatement, including costs of inspection and administration, and collection costs including a reasonable attorney's fee. At the time the city clerk sends the certified copy of the resolution for recording C i t Y B 0 Y n t 0 n B e a C h T h e w a s w C i 0 n a n C S 1TI P a Y rn n t T h P a Y rn n t ( 8 % ) a n n U rn m e C i t Y B 0 Y n t 0 n B e a C h P a Y m e n t W i 1 1 e x e c u t e r e rn 0 V e CITY OF BOYNTON BEACH, FLORIDA Ua) Enforcement of assessment. The city may enfome the assessmem by either an action at law or foreclosure of the lien, which shall be foreclosed in the s]ane manner as mortgages are foreclosed under Florida law. In either type of action, the city shall be entitled to interest at the rate of eight (8) per cent fromrthe date of assessment, collection cost and reascmable attorney's fees. (Ord. No. 87-2, § 2, 2-3- 87) b 2002 S-18 20 Boynton Beach Code ARTICLE IV. RESERVED* *Editor's note-Ord. No. 90-16, ~' 1, 2, adopted duly 3, 1990, abolished the nuisance abatement board and repealed Ord. No. 90-2; hence, Art. IV, pertaining to such subject matter has been deleted. Prior to deletion, Art. IV, ~' 10-5~10-61, derived from Ord. No. 87-39, ~ 1, adopted Oct. 20, 1987; as amended by Ord. No. 90-2, ~' 1 4, adopted dan. 16, 1990. Secs. 10-55--10-61. Reserved.