O89-47ORDINANCE NO. 89-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 10. GARBAGE, TRASH AND
OFFENSIVE CONDITIONS, ARTICLE I. IN
GENERAL BY CREATING NEW SECTIONS 10,4
THROUGH 10-13; PROVIDING ABATEMENT
PROCEDURES FOR LANDS FOUND TO BE A
NUISANCE; PROVIDING INSPECTION OF LANDS
TO DETERMINE VIOLATION; PROVIDING NOTICE
OF VIOLATION REQUIRED; PROVIDING CONTENT
AND FORM OF NOTICE; PROVIDING FOR A
HEARING; PROVIDING FOR ABATEMENT BY THE
CITY AND NOTICE OF ESTIMATED COST;
PROVIDING FOR ABATEMENT PROCEDURES;
PROVIDING THAT BIDDING AND CONTRACT
PROVISIONS ARE PREEMPTIVE; PROVIDING FOR
iNSSESSMENT OF COSTS, INTERESTS AND
TToRNEYS' FEES AND LIENS; PROVIDING FOR
FORCEMENT OF ASSESSMENT; AND PROVIDING
FOR PENALTY; PROVIDING THAT EACH AND
PROVISION OF CHAPTER 10 NOT
IiCALLY HEREIN AMENDED SHALL REMAIN
IN FULL FORCE AND EFFECT AS PREVIiOUSLY
PROVIDING A CONFLICTS CLAUSE;
IDING A SEVERABILITY CLAUSE;
AUTHORITY TO CODIFY; PROVIDING
AN DATE AND FOR ~OTHER
PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OFBOYNTON BEACH, FLORIDA:
Section 1.
That Chapter 10, Garbage, Trash and
Offensive Conditions, Article I. In General. is hereby
amended by creating a new section 10-4. to read as follows:
10-4. Inspection
Determine Violation.
of Lands to
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°
Section 2.
That Chapter 10, Garbage, Trash and
Offensive Conditions, Article I. In General. is hereby
amended by creating a new section 10-5. to read as follows:
10-5.
Notice of Violation Required.
If the City Manager or his
designated representative 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
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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 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.
Section 3.
That Chapter 10, Garbage, Trash and
Offensive Conditions, Article I. In General. is hereby
amended by creating a new section 10-6. to read as follows:
10-6. Content and Form of Notice.
(a) The notice provided for in
Sec. 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, including all costs of
inspection and administration.
(4)
The owners have ten (10) days
from the date of mailing of
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/Engineer, and the
Director of Recreation and
Parks, or their designees,
which hearing shall be held
within ten (10) days of the
date the petition is received
by the City Manager.
(5)
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.
(6)
If after a hearing 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 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 ten
(10) 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 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 8%,
plus reasonable attorney's
fees, and other costs of
collecting the. s~s~ ~ without
further hearing by the board
or commission.
(b) The notice required by Sec.
10-5 shall be in substantially the
following form:
NOTICE OF PUBLIC NUISANCE
Date
TO:
ADDRESS:
Our records indicate that you are
the owner(s) of the following property
in Boynton Beach, Florida:
(describe~i~ property)
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You are hereby notified that the
City Manager or his designated
representative of the City of Boynton
Beach, Florida, has on the day of
, 19 , determined that a
nuisance exists on your property in
wLolation 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 designees, which hearing shall
be held within ten (10) 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 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
yremoved 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
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a lien placed against the property for
the costs of the work, including
inspection and administration costs,
plus interest at the rate of eight per
cent (8%), 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:
Section 4.
That Chapter 10, Garbage, Trash and
Offensive Conditions, Article I. In General. is hereby
amended by creating a new section 10-7. to read as follows:
10-7. Hearing.
(a) The owner of the property
shall have the right, within ten days
from the date of the notice of public
nuisance provided for in this chapter,
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 designees, which hearing shall
be held within ten (10) days of the date
the petition is received by the City
Manager.
(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.
Section 5.
That Chapter 10, .~Garbage., Tr~ash and
Offensive Conditions, Article I. In General. is hereby
amended by creating a new section 10-8. to read as follows:
10-8. Abatement by City; Notice of
Estimated Cost.
(a) If after a hearing, as
provided for in Sec. 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
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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 8%,
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 apprising 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 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.
Section 6.
That Chapter 10, Garbage, Trash and
Offensive Conditions, Article I. In General. is hereby
amended by creating a new section 10-9. to read as follows:
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
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the estimate by more than 15%, the City
shall investigate to determine if the
additional hours are justified, and
shall make a report of his 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 or to the Assistant City
Manager who shall be the final arbiter
of the billing dispute. A copy of this
section of the ordinance shall be
attached to the bid documents so that
all bidders are advised that billing
disputes will be resolved in this
manner.
Section 7.
That Chapter 10, Garbage, Trash and
Offensive Conditions, Article I. In General. is hereby
amended by creating a new section 10-10. to read as follows:
10-10. Bidding and
Provisions Preemptive.
Contracting
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.
Section 8.
That Chapter 10, Garbage, Trash and
Offensive Conditions, Article I. In General. is hereby
amended by creating a new section 10-11. to read as follows:
10-11. Assessment of Costs, Interest,
and Attorney's Fees; Lien.
As soon after the abatement 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 8% 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 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
TO:
ADDRESS:
Date
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 accordance
with city ordinances my office has
previously mailed to you a notice of
assessment requesting payment. The
required payment has not been received;
therefore, pursuant to city ordinance
requirements a lien has been recorded
against you property in the form of the
attached resolution. Please take notice
that the resolution, in addition to the
original cost of the abatement, requires
payment of eight per cent (8%) interest
per annum and the cost of collection
including a reasonable attorney's fee.
At such time as the City of Boynton
beach has received payment for such
lien, the City Manager or hisdesignated
representative will execute a release
thereof to remove the lien from your
property, the recording cost of which
shall be borne by you.
CITY OF BOYNTON BEACH
BY:
City Clerk
Section 9.
That Chapter 10, Garbage, Trash and
Offensive Conditions, Article I. In General. is hereby
amended by creating a new section 10-12. to read as follows:
10-12. Enforcement of Assessment.
The City may enforce the assessment
by either an action at law or
forecloSure of the lien provided in Sec.
10-11, which shall be foreclosed in the
same manner as mortgages are foreclosed
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under state law. In either type of
action, the City shall be entitled to
interest at the rate of 8% from the date
of assessment, collection cost, and
reasonable attorney's fees.
Section 10. That Chapter 10, Garbage,
Offensive Conditions, Article I. In General.
amended by creating a new section 10-13. to read as follows:
10-13. Penalty.
Any person, firm, or corporation
who violates any provision of this
chapter for which another penalty is not
specifically provided shall, upon
conviction, be subject to a fine not
exceeding $500.00 or imprisonment for a
term not exceeding 90 days, or both.
Each day any violation shall continue to
exist shall constitute a separate
offense.
Section 11. That each and every other provision of
Chapter 10. Garbage, Trash and Offensive Conditions, Article
I. In General. not specifically amended herein shall remain
in full force and effect as previously enacted.
Section 12. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 13. 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.
Section 14.
ordinance.
Section 15.
immediately upon passage.
FIRST READING this ~/~ day of
.1989.
Trash and
is hereby
Authority is hereby g~ranted to codify said
This ordinance shall become effective
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SECOND, FINAL READING and PASSAGE this ~ day of
ayor
Vice Mayor x~--
omml ssloner
io-n~/' ~/ / ' / ~/~' ~
ATTEST:
(Corporate Seal)
Commissioner
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