O90-02ORDINANCE NO. 90- ~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 10 OF THE CITY CODE BY
AMENDING ARTICLE IV. ENTITLED "ABATEMENT
OF DRUG-RELATED PUBLIC NUISANCES";
SECTIONS 10-55 THROUGH 10-58 AND SECTION
10-60; PROVIDING ADDITIONAL DEFINITIONS;
PROVIDING FOR A NEW NUISANCE ABATEMENT
BOARD ORGANIZATION; PROVIDING ADDITIONAL
OPERATING PROCEDURES; PROVIDING FOR A
STANDARD OF PROOF; PROVIDING FOR THE
ENJOINING OF A NUISANCE UNDER SECTION
823.10, FLORIDA STATUTES; PROVIDING THAT
EACH AND EVERY OTHER PROVISION OF
CHAPTER 10 NOT SPECIFICALLY HEREIN
AMENDED SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ENACTED; PROVIDING
FOR SEVERABILITY; REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH;
PROVIDING AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE AND FOR OTHER
PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Chapter 10, Garbage, Trash and Offensive
Conditions. Article IV, Abatement of Drug-Related Public
Nuisances. Section 10-55. Definitions. is hereby amended by
adding the words and figures in underlined type, as follows:
Section 10-55. Definitions.
a) Public Nuisance. -Any, placer
or premises within the City of Boynton
Beach which has been used on more than
two occasions as the site of the
unlawful sale or delivery of controlled
substances as defined in Chapter 893 of
the Florida Statutes.
b) Board. The
Abatement Board of the
Beach.
Nuisance
City of Boynton
c) City Attorney. The legal
counselor for the City of Boynton Beach
or such assistant city attorney as may
from time to time be designated.
d) Clerk. Person appointed by
the local governing body of the City of
Boynton Beach to perform the clerical
duties necessary to carry out the
activities of the Nuisance Abatement
Board.
e) Operator. Tenant, lessee or
person having control or possession of
the premises.
f) Sale or delivery. An actual,
constructive or attempted transfer of
possession.
Section 2.
That Section 10-56. Nuisance abatement
board; organization is hereby amended, in its entirety, to
read as follows:
Section 10-56. Nuisance abatement
board created~ membership~ terms~
organization.
a) There is hereby created and
established the Boynton Beach Nuisanc~
Abatement Board consistinq of five (5)
members, appointed by th~ City
Co~muission, who shall reside or maintain
a business in the city. The chairman of
the board shall be an attorney duly
licensed in any jurisdiction within the
United States with trial experience.
b) Terms shall be for two (2)
years except that two (2) of the
initially appointed members shall serve
initial terms of one year. Any member
may be reappointed b~ the City
Commission for not more than three (3)
complete consecutive term__~.
AppOintments to fill a vacancy shall b-
for the remainder of the unexpired term.
Any member who fails to attend two (2)
of three (3) successive meetings without
prior approval of the chairman shall
automatically forfeit his appointment,
and the City Commission shall promptly
fill such vacancy for the-~~d~_~of
the term.
c) The presence of three (3) or
more members shall constitute a quorum.
Members shall serve withou~
comDensation.
Section 3. That Section 10-57. Operating
procedures, is hereby amended by adding the words and
figures in underlined type as follows:
Sec. 10-57. Operating procedures.
(a) Any employee, officer or
resident of Palm Beach County or of the
City of Boynton Beach may file a
complaint regarding the existence on
premises' located: in-~Boynton Beach..of a
public nuisance as defined in section
10-55, after first giving not less than
three (3) days' written notice of such
complaint to the owner of the place or
premises complained of at his last known
address.
(b) When a request for
prosecution has been received, the city
attorney shall determine whether
probable cause exists to believe that a
public nuisance as defined in sectio-
10-55 exists on the premises, upon a
finding of probable caused, the city
attorney shall promptly request a
hearinq before the beard.
~B~(c) Service. The nuisance
abatement board, through its clerk,
shall schedule a hearing, and written
notice of such hearing shall be sent by
certified mail or hand delivered to the
owner and operators of the premises
complained of at their last known
addresses at least fourteen (14) days
prior to the scheduled hearing. If an
attempt to reach the owner and
operator(s) by hand delivery or
certified mail is unsuccessful, notice
of the hearing may be by publication as
provided in Chapter 49 of the Florida
Statutes.
~e~(d) The aforesaid
hearing shall include:
notice of
(1)
A statement of the time, place
and nature of the hearing.
(2)
A statement of the legal
authority and
under which the hearing to
be held.
(3)
A reference to the particular
sections of the statutes and
ordinances involved;
(4) A short and plain statement
summarizing the incidents
complained of.
Section 3. That Section 10-58. Conduct of hearings.
is hereby amended by adding the words in underlined type as
follows:
Sec. 10-58. Conduct of hearings.
a) Except for hearings scheduled
by the Clerk, the Chairman of the Board
may call hearings of the Board.
Hearings may also be called by written
notice signed by at least three members
of the Board. The Board, at a hearing,
may set a future hearing date. The
Board shall convene as the demand
necessitates. The Board shall adopt
rules for the conduct of its hearings.
Minutes shall be kept of all hearings
and all hearings shall be open to the
public. The City shall provide clerical
and administrative personnel as may be
reasonably required for the proper
performance of the Board's duties.
b) The City Attorney shall
present cases before the Board when an
employee or officer of the City of
Boynton Beach is the complainant. In
all other cases, the City Attorney may
present cases before the Board.
c) Ail parties shall have an
opportunity to present evidence and
argument on all issues involved, to
conduct cross-examination and submit
rebuttal evidence, and to be represented
by counsel. When appropriate, the
general public may be given an
opportunity to present oral or written
communications. If the agency proposes
to consider such material, then all
parties shall be given an opportunity to
cross-examine or challenge or rebut it.
The Board may consider any evidence,
including evidence of the general
reputation of the place or premises.
All testimony shall be under oath and
shall be recorded. Formal rules of
evidence shall not apply, but
fundamental due process shall be
observed and shall govern the
proceedings. Orders of the Board shall
be based on competent and substantial
evidence.
d) A~ee~ ..... ee~s~de~ ..... a~
ev~e~eeT--~he--B~a~d--may--~ee~a~e--~he
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may ---e~te~ ---aN ---8~e~ ---~mme~ate~M
D~h~B~~ After considering ali
evidence, the board shall determine
whether, by a preponderance of the
evidence, the premises have been used on
more than two (2) occasion~ as the site
of the unlawful sale or deliver~ of
controlled substances. Finding ~n ~h,
affirmative, the board shall determ~n,
whether the premises are therefore a
public nuisance. If found by the board
to be a public nuisance, the board
enter an order i-.-ediatelyproh~hit~ng:
(1)
nuisance;
The maintaining of the
4
(2) The operating or
maintaining of the place or premises; or
(3) The conduct, operation,
or maintenance of any business or
activity on the premises which is
conducive to such nuisance.
Ail orders of the Board shall be by
motion approved by a majority of those
members present and voting, except that
at least four (4) members of the Board
must vote in order for the action to be
official.
e) An order entered under
subsection (c) shall expire after one
year or at such earlier time as stated
in the order. The Board may retain
jurisdiction to modify its orders prior
to the expiration of said orders.
f) The Board may bring a
complaint under Section 60.05 of the
Florida Statutes, seeking a permanent
injunction against any Public Nuisance.
Section 4. That Section 10-60. Enjoining of
nuisances, is hereby amended by adding the words and figures
in underlined type, as follows:
Section 10-60, Enjoining of
Nuisances.
When any nuisance as defined in
Section 823.05 or Section 823.10 of the
Florida Statutes exists, the City
Attorney or any citizen of the county
may sue in the name of the state on his
relation to enjoin the nuisance, the
person or persons maintaining?.~it, and
the owner or agent of the building or
ground on which the nuisance exists.
Section 5: That each and every other section and
provision of Chapter 10. Garbage, Trash and Offensive
Conditions. not specifically amended herein shall remain in
full force and effect as previously enacted.
Section 6.
Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of
this ordinance.
5
in
Section 7: That all ordinances or parts of ordinances
conflict herewith be and the same are hereby repealed.
Section 8: Authority is hereby granted to codify said
ordinance.
Section 9: This ordinance shall become effective
immediately upon passage.
1990.
day of k/~~ ,
//
FINAL READING and PASSAGE this ./~ ~, day of
, 1990.
BOYNT ACH,
FLORIDA
Vice Mayor
Commi s s iofier
C6~m~iss~oner
ATTEST:
l~y C~rK
(Corporate Seal)