O87-39ORDINANCE NO. 87-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 10 OF THE CITY CODE BY
CREATING A NEW ARTICLE IV, ENTITLED
"ABATEMENT OF NUISANCES"; ESTABLISHING
THE NUISANCE ABATEMENT BOARD OF THE CITY
OF BOYNTON BEACH TO HEAR COMPLAINTS AND
EVIDENCE REGARDING DRUG-RELATED
NUISANCES ON PREMISES LOCATED IN BOYNTON
BEACH; TO DECLARE SAID PREMISES PUBLIC
NUISANCES; TO ENTER ORDERS PROHIBITING
THE MAINTENANCE OF SAID NUISANCES, AND
THE OPERATION OF SAID PREMISES AND TO
BRING SUIT FOR PERMANENT INJUNCTION
AGAINST SAID NUISANCES; AUTHORIZING THE
CITY ATTORNEY OR ANY CITIZEN OF THE CITY
OF BOYNTON BEACH TO SUE IN THE NAME OF
THE STATE TO ENJOIN ANY NUISANCE AS
DEFINED IN SECTION 823.05 OF THE FLORIDA
STATUTES, THE PERSONS MAINTAINING IT,
AND THE OWNER OR AGENT OF THE BUILDING
OR GROUND ON WHICH THE NUISANCE EXISTS;
PROVIDING FOR SEVERABILITY; REPEALING
ALL ORDINANCES IN CONFLICT THEREWITH;
PROVIDING AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE AND FOR OTHER
PURPOSES.
WHEREAS the Florida Legislature has stated that Florida
is facing a crisis of dramatic proportions due to the
rapidly increasing crime rate related to drug and substance
abuse;
WHEREAS the Florida Legislature has enacted the "Crime
Prevention and Control Act," Laws of Florida, Chapter
87-243, authorizing municipalities to create administrative
boards to abate drug-related nuisances in their communities
and authorizing citizens and city attorneys to bring suit in
the name of the state to enjoin nuisances; and
WHEREAS the Boynton Beack City Commission is concerned
about the proliferation of public nuisances on premises
located in Boynton Beach and wishes to abate said nuisances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Chapter 10, Code of Ordinances of the City
of Boynton Beach is hereby amended by creating Article IV.
Abatement of Nuisances as follows:
1
Section 10-55
Section 10-56
Section 10-57
Section 10-58
Section 10-59
Section 10-60
Section 10-61
ARTICLE IV
ABATEMENT OF NUISANCES
Definitions.
Nuisance Abatement Board, Organization
Operating Procedures.
Conduct of Hearings.
Appeals.
Enjoining of Nuisances.
Rights Preserved.
Section 10-55. Definitions.
a) Public Nuisance. Any place or premises within
the City of Boynton Beach which has been used on more than
two occasions as the site of the unlawful sale or delivery
of controlled substances as defined in Chapter 893 of the
Florida Statutes.
b) Board. The Nuisance Abatement Board of the
City of Boynton Beach.
c) City Attorney. The legal counselor for the City of
Boynton Beach or such assistant city attorney as may from
time to time be designated.
d) Clerk. Person appointed by the local governing
body of the City of Boynton Beach to perform the clerical
duties necessary to carry out the activities of the Nuisance
Abatement Board.
e) Operator. Tenant, lessee or person having control
or possession of the premises.
Section 10-56. Nuisance Abatement Board~ organization.
a) There is hereby created and established a Nuisance
Abatement Board to hear evidence relating to the existence
of drug-related Public Nuisances on premises located in the
City of Boynton Beach, Florida. Said Board shall consist of
the seven (7) members presently approved and sitting as this
City's Codes Enforcement Board.~
b) The City Commission may, by resolution, amend the
provisions of subsection a) relating to the terms and
conditions of membership on the Nuisance Abatement Board.
c) The presence of four (4) or more members shall
constitute a quorum. Members shall serve without
compensation but may be reimbursed for such travel, mileage,
and per diem expenses as may be authorized by the City
Manager.
Section 10-57. Operating Procedures.
a) Any employee, officer or resident of Palm Beach
County or of the City of Boynton Beach may file a complaint
regarding the existence on premises located in Boynton Beach
of a Public Nuisance as defined in Section 10-55, after
first giving not less than three (3) days written notice of
such complaint to the owner of the place or premises
complained of at his last known address.
b) Service. The Nuisance Abatement Board, through
its Clerk, shall schedule a hearing, and written notice of
said hearing shall be sent by certified mail or hand
delivered to the owner and operators of the premises
complained of at their last known addresses at least 14 days
prior to the scheduled hearing. If an attempt to reach the
owner and operator(s) by hand delivery or certified mail is
unsuccessful, notice of the hearing may be by publication as
provided in Chapter 49 of the Florida Statutes.
c) The aforesaid notice of hearing shall include:
(1) A statement of the time, place and nature of
the hearing;
(2) A statement of the legal authority and
jurisdiction under which the hearing is to be held;
(3) A reference to the particular sections of the
statutes and ordinances involved;
(4) A short and plain statement summarizing the
incidents complained of.
Section 10-58. Conduct of Hearings.
a) The Chairman of the Board may call hearings of the
Board. Hearings may also be called by written notice signed
by at least three members of the Board. The Board, at a
hearing, may set a future hearing date. The Board shall
convene as the demand necessitates. The Board shall adopt
rules for the conduct of its hearings. Minutes shall be
kept of all hearings and all hearings shall be open to the
public. The City shall provide clerical and administrative
personnel as may be reasonably required for the proper
performance of the Board's duties.
b) The City Attorney shall present cases before the
Board when an employee or officer of the City of Boynton
Beach is the complainant. In all other cases, the City
Attorney may present cases before the Board.
c) All parties shall have an opportunity to present
evidence and argument on all issues involved, to conduct
cross-examination and submit rebuttal evidence, and to be
represented by counsel. When appropriate, the general
public may be given an opportunity to present oral or
written communications. If the agency proposes to consider
such material, then all parties shall be given an
opportunity to cross-examine or challenge or rebut it. The
Board may consider any evidence, including evidence of the
general reputation of the place or premises. All testimony
shall be under oath and shall be recorded. Formal rules of
evidence shall not apply, but fundamental due process shall
be observed and shall govern the proceedings. Orders of the
Board shall be based on competent and substantial evidence.
d) After considering all evidence, the Board may
declare the place or premises to be a Public Nuisance as
defined in Section 10-55 and may enter an Order immediately
prohibiting:
(1) The maintaining of the nuisance;
(2) The operating or maintaining of the place or
premises; or
(3) The conduct, operation, or maintenance of any
business or activity on the premises which is conducive to
such nuisance.
All orders of the Board shall be by motion approved by
a majority of those members present and voting, except that
at least four (4) members of the Board must vote in order
for the action to be official.
e) An order entered under subsection (c) shall expire
after one year or at such earlier time as stated in the
order. The Board may retain jurisdiction to modify its
orders prior to the expiration of said orders.
f) The Board may bring a complaint under Section
60.05 of the Florida Statutes, seeking a permanent
injunction against any Public Nuisance.
Section 10-59 Appeals.
An aggrieved party, including the City administration,
may appeal a final administrative order of the Nuisance
Abatement Board to the Circuit Court of the Fifteenth
Judicial Circuit. Such an appeal shall not be a hearing de
novo but shall be limited to appellate review of the record
created before the Board. An appeal shall be filed within
thirty days of the date of the written order appealed from.
Section 10-60, Enjoining of Nuisances.
When any nuisance as defined in Section 823.05 of the
Florida Statutes exists, the City Attorney or any citizen of
the county may sue in the name of the state on his relation
to enjoin the nuisance, the person or persons maintaining
it, and the owner or agent of the building or ground on
which the nuisance exists.
Section 10-61 Rights Preserved.
This Article does not restrict the right of any person
to proceed under Section 60.05 of the Florida Statutes,
against any Public Nuisance.
Section 2: 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 3: That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Authority is hereby granted to codify said
Section 4:
ordinance.
Section 5:
immediately upon passage.
This ordinance shall become effective
FIRST READING this
~day of
1987.
SECOND, FINAL READING and PASSAGE this ~04~Uday of
~~ ,1987.
ATTEST:
City ~rk~-
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
~°~ssi°ner
Commissioner
C~n~mi s s io~ r