04-009 ORDINANCE NO. 04-00c]
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
CREATING A NEW SUBSECTION 2-92, WITHIN CHAPTER 2,
"ADMINISTRATION," OF THE CODE OF ORDINANCES;
PROVIDING FOR THE CONSOLIDATION OF POWERS OF THE
NUISANCE ABATEMENT BOARD AND THE CODE COMPLIANCE
BOARD; AMENDING CHAPTER 15, ARTICLE VIII CHANGE ALL
REFRENCES TO "NUISANCE ABATEMENT BOARD" TO "CODE
COMPLIANCE BOARD"; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the Code Compliance Board and the Nuisance Abatement Board both
empowered to conduct quasi-judicial hearings; and
WHEREAS, the consolidation of the Nuisance Abatement Board with the Code
>liance Board would facilitate the exercise of powers necessary to eliminate conditions
nuisance within the City; and
WHEREAS, the Nuisance Abatement Board meets so infrequently that the transition
its responsibilities to the Code Compliance Board would not constitute additional burden
the Code Compliance Board;
WHEREAS, considerable administrative effort and cost is associated with
lng and operating City boards, and the Commission finds that consolidation of
would lessen the administrative burden expended to support board action and board
activity;
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Beach, Florida, as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
true and correct and are hereby made a specific part of this Ordinance upon adoption
SECTION 2. Amending Chapter 2 Administration, by creating a new subsection
as follows:
2-92. Consolidation of Nuisance Abatement Board and Code Com-qiance
Board; survival of actions
All owers duties and res onsibilities of the
Nuisance Abatement Board shall survive and be deemed
~idated with the owers duties and
~bilities of the Code ~oard. All
~ of the Nuisance Ab_atement Board shall
survive this consoli"~a'~o~ unless s ecificall revoked b the
Code Compliance Board.
SECTION 3. That Chapter 15, Article VIII, "Nuisance Abatement" is hereby amended
adding the words and figures in underlined type, and by deleting the words and figures in
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II
type, as follows:
15-112. Definition.
For the purposes of this article, the following definitions shall control:
(c) Board: The ",,: ,,[-
.... ~ance ........... nt Code Compliance board of the City of Boynton
Sec. 15-115.5 Fines for noncompliance with orders; duration of lien.
(a) The Nuisance Abatement- Code Compliance Board, upon notification by the City
an order of the Board has not been complied with by set time or, upon finding that a
violation has been committed, may order the violator to pay a fine in an amount
specified in this section for each day the violation continues past the date set by the Nuisance
Code Compliance Board for compliance or in the case of a repeat violation, for
~ach date a repeat violation continues beginning with the date the repeat violation is found to
~ave occurred bv the City. A fine imposed pursuant to this section shall not exceed $250.00
day for the violation and shall not exceed $500.00 per day for a repeat violation. The
fines imposed pursuant to this section shall not exceed $5,000.00.
(c) After three (3) months from the filing of any lien that remains unpaid, the
Code Compliance Board may authorize the City Attorney to foreclose
the lien ....
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4. Each and every other provision of the Code of Ordinances not herein
gpecifically amended, shall remain in full force and effect as originally adopted.
:tion 5. All laws and ordinances applying to the City of Boynton Beach in conflict
any provisions of this ordinance are hereby repealed.
6. Should any section or provision of this Ordinance or any portion thereof be
by a court of competent jurisdiction to be invalid, such decision shall not affect the
of this Ordinance.
tion 7. Authority is hereby given to codify this Ordinance.
tion 8. This Ordinance shall become effective immediately.
FIRST READING this i"/ day of ~'e~ru.~r,~ 2004.
I
SECOND, FINAL READING AND PASSAGE this. /fi> day of
2004.
CITY OF BOYNTON BEACH, FLORIDA
o3 t/_
Vice Mayor ...........~7~i~ ~_
iTTEST:
Clerk
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