O94-57ORDINANCE O94-,~-,~'
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 2. ARTICLE V. CODE ENFORCEMENT
BOARD, BY AMENDING SECTION 2.76, PROVIDING
FOR CLARIFICATION OF ENFORCEMENT
PROCEDURES; SECTION 2-77, PERMITTING THE
CITY TO RECOVER ALL COSTS INCURRED IN
PROSECUTING CASE BEFORE THE CODE
ENFORCEMENT BOARD; SECTION 2-79.,
PROVIDING FOR COSTS INCURRED IN MAKING
REASONABLE REPAIRS FOR CERTAIN SPECIFIED
VIOLATIONS; PROVIDING THAT THE CITY SHALL
HAVE THE AUTHORITY TO MAKE REASONABLE
REPAIRS FOR VIOLATIONS WHICH PRESENT A
SERIOUS THREAT TO THE PUBLIC HEALTH,
SAFETY OR WELFARE, OR IF THE VIOLATION IS
IRREPARABLE OR IRREVERSIBLE; SECTION 2-79.5
PROVIDING THAT THE CITY SHALL BE ENTITLED
TO COLLECT ALL COSTS INCURRED IN
RECORDING AND SATISFYING A VALID LIEN;
SECTION 2.81 AMENDING THE NOTICE BY
PUBLICATION REQUIREMENTS; SECTION 2.83,
PROVIDING THAT NOTICE PRIOR TO CITATION IS
NOT NEEDED IF A REPEAT VIOLATION IS FOUND;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, during this past legislative session the Florida Legislature
adopted Senate Bill 304 amending the Local Government Code Enforcement
Boards Act, Chapter 162, Florida Statutes; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida,
desires to incorporate the provisions of Senate Bill 304 and to provide for inclusion
of future amendments to Chapter 162, Florida Statutes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Chapter 2. Article V. Code Enforcement Board, Section
2.76, Enforcement proCedure, is hereby amended by adding the words and figures
in underlined type and by deleting the words and figures in struck-through type, as
follows:
Sec. 2.76. Enforcement procedure.
(b) ...
(c) If the code inspector has reason to believe a violation or the
condition causing the violation presents a serious threat to the
public health,...
~ That Chapter 2. Article V. Code Enforcement Board, Section
2.77. Conduct of hearing, is hereby amended by adding the words and figures in
underlined type and by deleting the words and figures in struck-through' type, as
follows:
(b) Each case before an enforcement board shall be presented by
a member of the building department administrative staff. If .the local
governing body prevails in prosecuting a case before the
enforcement board, it shall be entitled to recover all costs
ingurred in prosecuting a case before the board.
(d) ...
(e) At the conclusion of the hearing the enforcement board shall
issue findings of fact, based on evidence of record, and conclusions
of law and shall issue an order affording the proper relief consistent
with powers granted herein. The findings shall be by motion
approved by a majority of those present and voting, except that at
least four (4) members of the enforcement board must vote for the
action to be official. The order may include a notice that it must be
complied with by a specific date, and that a fine may be imposed and,
under the conditions specified in 2-79, the cost of repairs ma_v
13e included alono with the fine, if the order is not complied with by
said date; ...
~ That Chapter 2. Article V. Code Enforcement Board, Section
2.79. Administrative find; liens, is hereby amended by adding the words and figures
in underlined type and by deleting the words and figures in struck-through type, as
follows:
(a) The enforcement board, uPon notification by the code inspector,
that an order of the enforcement board has not been complied with by
the said time, or, upon finding that a repeat violation has been
committed, may order the violator to pay a fine not to exceed two
hundred fifty dollars ($250.00) per day for a first violation and not to
exceed five hundred dollars ($500.00) per day for a repeat violation
for each day the violation continues past the date set by the
enforcement board for compliance or, in the-pfsc~ case of a repeat
violation for each day the repeat violation continues p~ ~he c;a~e of
r,o~ice to ~;-,~ vioia~o,- of ~he ~-~pea~ vioia~;o,-,, beainning with the date
the repeat violation is found to have occurred b_v the code
~ In addition, if the violation Js a violation described Jn
2-76(c), the enforcement board shall notify the City_ Commission,
which may make all reasonable repairs which are required to
bring the property into compliance and charge the violator with
the reasonable cost of the repairs along with the fine imposed
pursuant to this Section.
Section 4. That Chapter 2. Article V. Code Enforcement Board, Section
2.79.5 Duration of Lien. is hereby amended by adding the words and figures in
underlined type and by deleting the words and figures in struck-through type, as
follows:
No lien provided ,.. In an action to foreclose on a lien, the prevailing
party is entitled to recover all costs, including a reasonable attorneys
fee, that are incurred in the foreclosure. The City shall be entitled
to collect all gosts incurred in recording and satisfying a valid
lien. The continuation...
~ That Chapter 2. Article V. Code Enforcement Board, Section
2.2-82. Service of notices, is hereby amended by adding the words and figures in
underlined type and by deleting the words and figures in struck-through type, as
follows:
(a) All notices...
(b) In addition ...
(1) a. Such notice shall be ...
b. Proof of publication ...
(2) ,, t,,~,t~
~such notice shall be posted for a least tw~[sty-eighi (2~) ten (10)
days in [h(ee (3) ~;;;u~-~[ ai~G at least ~o locations, one of which
shall ~ the prope~ upon which the violation is alleged to exist
and the other of which shall be at the Ci~ Hall of Boynton Beach.
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Section 6. That Chapter 2. Article V. Code Enforcement Board, Section 2.83.
Enforcement of the codes and ordinances; penalties, is hereby amended by adding
the words and figures in underlined type and by deleting the words and figures in
struck-through type, as follows:
(a) As used...
(b) The City ...
(c) (1) A code enforcement...
(2) Prior to issuing a citation, ... A code enforcement
officer does not have to provide the person with a
reasonable time period to correct the violation prior to
issuing a citation, and may immediately issue a citation,
if a repeat violation is found or if the code
enforcement ...
~ Each and every other provision of Chapter 2. Article V. Code
enforcement Board not herein specifically amended shall remain in full force and
effect as previously enacted.
Section 8.
hereby repealed.
All ordinances or parts of ordinances in conflict herewith are
~ Should any section or provision of this ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the remainder of this ordinance.
Authority is hereby given to codify this Ordinance.
~ This ordinance shall become effective immediately upon
passage.
FIRST READING this ~ day of December, 1994.
SECOND READING AND FINAL PASSAGE this .-.¢ day of January, 1995.
CITY OF BOYNTON BEACH, FLORIDA
Mayor Pro Tem ~~;"
Co~si~
ATTEST:
lerk
CodeEnf. Board.
12,'16/94 Rev.
CEC