O96-02ORDINANCE NO. 096-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE 092-48, PROVIDING FOR
ADDITIONAL CIRCUMSTANCES WHICH MAY
CONSTITUTE A NUISANCE; PROVIDING FOR THE
DEFINITION OF A CONTROLLED SUBSTANCE;
PROVIDING FOR ADDITIONAL ACTION WHICH MAY
BE TAKEN BY A NUISANCE ABATEMENT BOARD;
PROVIDING FOR THE DELETION OF LANGUAGE
SUSPENDING ENFORCEMENT OF THE NUISANCE
ABATEMENT BOARD'S ORDERS PENDING JUDICIAL
REVIEW; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the Nuisance Abatement Board was established by
Ordinance No. 092-48, pursuant to Chapter 893, Florida
Statutes; and
WHEREAS, Chapter 893, Florida Statutes, was amended to
provide additional circumstances which may constitute a
nuisance and to provide for additional actions which may be
taken by a Nuisance Abatement Board; and
WHEREAS, the City Commission of the City of Boynton Beach
desires to comply with the Legislature's intent regarding
nuisances and believes that the inclusion of additional
prohibited uses specified in Chapter 893, Florida Statutes, as
a violation of the City of Boynton Beach Nuisance Abatement
Ordinance No. 092-48, and additional actions which may be
taken by the Nuisance Abatement Board would best serve the
City of Boynton Beach
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Section 2. (a) and (b) of Ordinance
No. 092-48 are hereby amended by adding the words and figures
in underlined type and by deleting the words and figures in
struck-through type, as follows:
2. (a) PUBLIC NUISANCE. A~-~3 place or
pre,-,ilses LhaL iias b=en used on ~o£e Liian
two~)' ............. ' ....... ) month
a-3 place or bui~u~**~ .... used by a youth Of
street gang for the purpose of conducting
a pattez-n of ~outh and street ~ang-
activity or =s the site of a violation of
Florida Statute 736. u ,
prostitution, lewdness of assignation.
To constitute a v~u~tion of
Ozdxnance
duzin~ a Lime pezlod that the
hours
u~ ~.~c business
Any place or premises within Palm Beach
County which has been used on more than
two occasions, within a six (6) month
period:
1. as the site of the
unlawful sale, delivery,
manufacture or cultivation of
any controlled substance:
2-- on one occasion as the
site of the unlawful possession
of a controlled substance,
where such possession
constitutes a felony and that
has been previously used on
more than one occasion as the
site of the unlawful sale,
delivery, manufacture, or
cultivation of any controlled
substance;
3__ as the site of a violation
of Section 796.07, Florida
Statutes: or
4. any place or buildina used
by a youth and street aana for
the purpose of conductinq a
pattern of youth and street
qanq activity as defined in
Chapter 874 of the Florida
Statutes.
(b) CONTROLLED SUBSTANCE. ~z substance
n&med uz u~u~u ~ Schedule i Lh£ou~h
5 of Fio£ida Statute .....~
Includes any substance sold in lieu of a
controlled substance in violation of
Section 817.563, Florida Statutes, or any
imitation controlled substance defined in
Section 817.564, Florida Statutes.
Section 2. That Section 5. (b) Conduct of Hearing is
amended by adding the words and figures in underlined type and
by deleting the words and figures in struck-through type, as
follows:
Section 5. CONDUCT OF HEARINGS.
(b) After considering all evidence, and
oni3 a£ tel th= Bu=£d finds LhaL the
pfope£ tz ownez ~u knowle e of =~,=
v~u~=t~ons pflof notice and .........
pfopeft3 failed Lo take anz action Lo
coffec~ the pzoblem, the Board may
declare the place or premises to be a
public nuisance as defined by this
ordinance and may enter an order
i~ediately prohibiting:
(1) The maintaining of the nuisance;
(2) The operating of maintaining of the
place or premises includinq the closure
of the place or premises of any part
thereof;
Section 3. That Section 6.(a) Judicial Review. is
amended by adding the words and figures in underlined type and
by deleting the words and figures in struck-through type, as
follows:
Section 6. JUDICIAL REVIEW.
Any person aqgrieved by any ruling or
order of the Board may seek review by
petition for Writ of Certiorari in the
Circuit Court of Palm Beach County. A
Petition for Writ of Certiorari shall be
filed within thirty (30) days from the
date of the written order appealed from
and shall proceed in accordance with the
Florida Rules of Appellate Procedure.
Enfo£ce~¥,en~ of Lhe Boa£d':s oz-dez shall be
supez-sedes the o~dez ...... ~ one zendezed b~
Section 4. Each and every other provision of
No. 092-48 not herein specifically amended shall
bin in full force and effect as piteously enacted.
Section 5. All ordinancd~ or.,~arts of ordinances in
herewith be and the same~&re^~k hereby repealed.
Section 6. Should any section or provision of this
or portion hereof, any paragraph, sentence or word
declared by a court of competent jurisdiction to be
such decision shall not affect the remainder of this
Section 7.
Authority is hereby granted to codify said
'EST:
Section 8. This ordinance shall become effective
y upon passage.
FIRST READING this ~ day of ~-~~¢ , 1996.
SECOND, FINAL READING AND PAS SAGE this ~F~
1996.
day of
Co~i s s ioner
~ommis sioJe{
Clerk
Commissioner
t
~13~I96