O87-36ORDINANCE NO. 87~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING SECTIONS 2-76, 2-79 AND 2-81 OF
THE CODE OF ORDINANCES OF THE CITY OF
BOYNTON BEACH, FLORIDA; BY PROVIDING
ADDITIONAL PROCEDURES FOR THE
ENFORCEMENT OF CODE VIOLATIONS; BY
PROVIDING FACTORS FOR THE CONSIDERATION
OF THE AMOUNT OF FINES; PROVIDING FOR
NEW SERVICE OF NOTICE REQUIREMENTS;
PROVIDING A CONFLICTS CLAUSE; PROVIDING
AUTHORITY TO CODIFY; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1:
Section 2-76. Enforcement Procedure is
amended by adding the words and figures in underlined type
and by deleting the words and figures shown in
struck-through type as follows:
Sec. 2-76 Enforcement Procedure.
(a) It shall be the duty of the code inspector to
initiate enforcement proceedings of the various codes.
(b) If a violation of the codes is found, the code
inspector shall notify the violator, unless subsection (c)
of this section applies, and give said violator a reasonable
time to correct the violation. Should the violation
continue beyond the time specified for correction, the code
inspector shall notify ehe an enforcement board and request
a hearing ~ p~sua~ -~e -~e -p~ee~e -~ -see~ -~-~?
W~e~-m~ee-Shat~-Be-ma~te~-~-sa~-¥~a~-as-~~e~
~he~e~mv The code enforcement
staff, shall schedule ,a hearing, and written notice of SUch
hearing shall be hand delivered or mailed as provided in
Section 2-81 to said violator. At the option of the code
enforcement board, notice ma~ additionally be served b~
publication or posting as provided in Section 2-81. If the
violation is corrected and then recurs or if the violation
is not corrected b~ the time specified for correction by the
code inspector, the case maybe presented to the enforcement
board even if the violation has been corrected prior to the
board hearing and the notice shall so state.
(c) If the code inspector has reason to believe a
violation presents a serious threat to the public health,
safety and welfare, or if the violation is irreparable or
irreversible in nature, the code inspector shall make a
reasonable effort to notify the violator and may immediately
notify the enforcement board and request a hearing.
Section 2.
Section 2-79. Administrative fine;
liens, is amended by adding the words and figures in
underlined type and by deleting the words and figures shown
in struck-through type as follows:
Sec. 2-79. Administrative fine; liens.
(a) An enforcement board, upon notification by the
code inspector that an order of the enforcement board has
not been complied with by the set time or, upon finding that
the same violation has been repeated by the same violator,
may order the violator to pay a fine not to exceed $250.00
for each day the violation continues past the date set for
compliance or for each time the violation has been repeated,
and a hearing shall not be necessary for issuance of the
order.
(b) In determining the amount of the fine, if any, the
enforcement board shall consider the following factors:
(1) The gravity of the violation;
(2)
Any actions taken by the violator to correct
the violation; and
(3) Any previous violations co~muitted by the
violator.
(c) A certified copy of an order imposing a fine may
be recorded in the public records and thereafter shall
constitute a lien against the land on which the violation
exists and upon any other real or personal property owned by
the violator; and it may be enforced in the same manner as a
court judgment by the sheriffs of this state, including levy
against the personal property, but shall not be deemed to be
a court judgment except for enforcement purposes. After 6
months from the filing of any such lien which remains
unpaid, the enforcement board may authorize the local
governing body attorney to foreclose on the lien.
Section 3.
Section 2-81. Ser~' 'o~~ notices, is
amended by adding the words and figures in underlined type
and by deleting the words and figures shown in
struck-through type as follows:
Sec. 2-81. Service of notices.
(a) Ail notices required by this act shall be provided
to the alleged violator by certified mail, return receipt
requested, or by hand delivery by the sheriff or other law
enforcement officer, code inspector, or other person
designated by the local governing body, or by leavinq the
notice at the violator's usual place of residence with some
person of his family above 15 years of age and informing~
such person of the contents of the notice.
2
(b) In addition to providing notice as set forth in
subsection (a), at the option of the code enforcement board,
notice may also be served by publication or posting, as
follows:
(1) a. Such notice shall be published once
during each week for 4 consecutive weeks (four
publications being sufficient) in a newspaper of
general circulation in the county where the code
enforcement board is located. The newspaper shall meet
such requirements as are prescribod under chapter 50,
Florida Statutes, for legal and official
advertisements.
provided in
Statutes.
Proof of publication shall be made as
Section. 50.041 and 50.051, Florida
(2) a. If there is not newspaper of general
circulation in the county where the code enforcement
board is located, three copies of such notice shall be
posted for at least 28 days in three different an~
conspicuous places in such county, once of which shall
be at the front door of the courthouse in said county.
b. Proof of posting shall be by affidavit
of the person posting the notice, which iaffidavit shall
· nclude a copy of the notice posted and the date and places
of its posting.
(3) Notice by publication or posting may run
concurrently with, or may follow, an attempt or
attempts to provide notice by hand deliverFor by mail
as required under subsection (a).
Evidence that an attempt has been made to hand deliver
or mail notice as provided in subsection (a), together with
proof of publication or posting as provided in subsection
(b), shall bo sufficient to show that the notice
requirements of this chapter have been met, without reqard
to whether or not the alleged violator actually received
such notice.
Section 4: That all ordinances of ordinances
in conflict herewith be and the same are hereby repealed.
Authority is hereby granted to codify said
Section 5:
ordinance.
Section 6:
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 7: This ordinance shall become effective
immediately upon passage.
1987.
FIRST READING this
day of
SECOND, FINAL READING and PASSAGE this~~
~ , 1987.
day of
ATTEST:
c~ ~;~r~
CITY OF BOYNTON BEACH, FLORIDA
Commissioner
Commission~
(Corporate Seal)