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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 1 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) 3 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 4 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 5 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 6 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 8 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 9 SECOND, FINAL READING and PASSAGE this ~ day of ayor Vice Mayor x~-- omml ssloner io-n~/' ~/ / ' / ~/~' ~ ATTEST: (Corporate Seal) Commissioner 10