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O87-01ORDINANCE NO. 87- / AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE V CODE ENFORCEMENT BOARD, SECTION 2-73 THROUGH SECTION 2-81; PROVIDING AUTHORIZATION FOR THE CREATION OF MORE THAN ONE BOARD; PROVIDING NEW NOTIFICATION PROCEDURES; PROVIDING NEW HEARING PROCEDURES; PROVIDING FOR THE ELIMINATION OF HEARING FOR REPEATED VIOLATIONS; PROVIDING FOR SHORTENED FORECLOSURE TIMES; PROVIDING LONGER DURATIONS FOR LIENS; PROVIDING FOR ALTERNATIVE NOTIFICATION PROCEDURES; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON FLORIDA: 1. That Section 2-73, of the Code of Ordinances amended by adding the words shown in underlined type and deleting the words in struck-through type as follows: · 2--73. Definitions. used in this article: Code inspector means those authorized agents or of the city whose duty it is to insure code Board attorney means the city attorney or designated attorney of the city. Enforcement board means the a code enforcement board. 2. That SectiOn 2-74, of the Code of Ordinances amended by adding the words shown in underlined type and deleting the word in struck-through type as follows: 2-74. Creation, appointment, organization of board. The city council sha~ m~¥ appoint a one or more seven code .enforcement Bea~ h~lrds,along with two (2) ~s and legal counsel for ~he-B~a~ such boards· The ~ shall have the following qualifications and terms of (a) Members of 'the an enforcement board shall be residents of the City. Appointments shall be made by the city council on the basis of experience or interest in the fields of zoning and building control. The membership of the an enforcement board shall whenever possible be as fOllows: (1) An architect. (2) A businessperson. (3) An engineer. (4) A general contractor. (5) A subcontractor. (6) A realtor. (b) In order that terms of office of all members will not expire at the same time, the initial appointments to the an enforcement board shall be as follows: Two (2) members and the one alternate shall be appointed for a term of one year. Two (2) members shall be appointed for a term of two (2) years. Two (2) members shall be appointed for a term of three (3) years. The seventh regular member of the board appointed when the number of board members was raised from six (6) shall at the time of his appointment serve for a period of three (3) years and the second alternate's original term shall be for a period of two (2) years. Thereafter, all appointments and terms shall be for a term of three (3) years. Any member may be reappointed from term to term upon approval of the city council. Appointments to fill any vacancy on the ~- enforcement board shall be for the remainder of the unexpired term of office. Any member who fails to attend two (2) out of three (3) successive meetings without cause and without prior approval of the chairman shall automatically forfeit his appointment and the city council shall promptly fill such vacancy. The members shall serve at the pleasure of the city council and may be removed as provided in the city Code of Ordinances for removal of members of the planning and zoning board. (c) The members of the an enforcement board shall elect a chairman. The presence of four (4) or more members shall constitute a quorum of the enforcement board. Members shall serve without compensation, but may be reimbursed for such travel expenses, mileage expenses, and per diem expenses as may be authorized by city council. (d) The board attorney shall either be counsel to the an enforcement board or shall represent the city by presenting cases before the board. (e) The alternate members of the ~ board may shall attend all meetings of the board but shall act only in the absence, disability or disqualification of a regular member thereof. When an alternate members acts, the minutes of the meeting shall reflect the absent, disabled or disqualified member in whose place and stead the alternate is acting. 3. That Section 2-75 of the Code of Ordinances is by adding the words shown in underlined type and by g the words in struck-through type as follows: . 2-75. Provisions under jurisdiction of B~a~ boards. The code enforcement Bsa~ boards shall enforce and have urisdiction of the following codes: Building codes, Chapter 5; occupational license codes, )ter 13; fire codes, Chapter 9; Zoning codes, Chapter 19 ~nd Appendixes A and B of the Code of Ordinances; sign codes, Chapter 21; and related technical codes in force in the city. ~ection 4. That Section 2-76 of the Code of Ordinances I~ended by adding the words shown in underlined type and is tIeleting the words in struck-through type as follows: by ~lec. 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 the enforcement board and request a hearing pursuant to the procedure in section 2-~77. Written notice shall be mailed to said violator as provided herein. (c) If the code inspector has reason to believe a violation presents a serious threat to the public health, safety and welfare, the code inspector shall make a reasonable effort to notify the violator ~n~ may p~eeeed--~ee~Y--~--~he--p~eee~e--~--see~__~_77 w~ehe~-~e~~§-sa~_v~e~a~e~ immediately notify the enforcement board and re~est a heari-9. 5. That Section 2-77, of the Code of Ordinances amended by adding the words shown in underlined type and deleting the words in struck-through type as follows: ;ec. 2-77. Conduct of hearing. (a) Upon request of the code inspector, or at such other times as may be necessary, the chairman of ~he an enfOrcement board may call hea~:~a~s a hearinq of ~he a-~ enforcement board;a hearin9 may also be called b-~ written notice signed by at least three (3) members of bea~d-sha~-eenve~e-~e-~ess-~eq~e~k~y_eha~_e~ee_e~e~y ~we-i~-me~hsT-B~-may-mee~-me~e~.-~ess-e~ke~_as_~he demand -~eeess~a~es. Minutes shall be kept of all hearings by %he each enforcement board and all hearings shall be open to the public. The city clerk shall provide clerical and administrative personnel as may be reasonably required by khe each enforcement board for the proper Performance of its duties. (b) Each case before ~he an enforcement board shall be presented by either the board attorney or by a member of the building department administrative staff. (c) ~he An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, however, fundamental due process shall be observed and govern said proceedings. (d) At the hearing the burden of proof shall be upon the administrative official to show by a preponderance of the evidence that a violation does exist. Assuming proper notice of the hearing has been provided to the respondent, a hearing may proceed in the absence of the respondent. (e) At the conclusion of the hearing the enforcement board shall issue findings of fact 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 notic~ ~lied with by a specific date, an8 tha if th_e order is not n 6. That Section 2-78, of the Code of Ordinances amended by adding the words shown in underlined type and deleting the words in struck-through type as follows: . 2-78· Powers of Bea~ boards. · he Each enforcement board shall have the power to: (a) Adopt rules for the conduct of its hearings. (b) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the city's police department. (c) Subpoena records, surveys plats and other material. ' (d) Take tesnimony under oath. (e) Issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance. n 7. That Section 2-79, of the Code of Ordinances amended by adding the words shown in underlined type and deleting the words in struck-through type as follows: 2-79 F~e= Administrative Fin~s; Lien~. · he A~ enforcement board, upon notification by the code ~ector that a-D~ew~ems an order of the enforcement board not been complied with by the set time, may order the ~iolator to pay a fine not to exceed two hundred and fifty s ($250.00) per day the violation continues past the set for compliance, or for each time ehe wio]~ti~- has a~ a hearinq sh~ll not be necessaz~ foz of the order. A certified copy of an order imposing fine may be recorded in the public records and thereafter constitute a lien against the land on which the ~iolation exists ...am~ e~?-~ -~he-~a~e~-~es-~e~-ewn-~he upon any other real or personal property owned by the and may be enforced in the same manner as a court by the sheriffs of this state, including levy Iainst the personal property, but shall not be deemed ise to be a judgment of a court except for enforcement · After e~e-~ea~ six months from the filing of any lien which remains unpaid, the enforcement board may ~ize the board attorney to foreclose on the lien· 8. That Section 2-79.5 of the Code of Ordinances amended by adding the words shown in underlined type and deleting the words in struck-through type as follows: 4 Sec. 2-79.5. Duration of Lien. No lien enacted pursuant to this article shall continue ~or a longer period than %w~ -+~+ five (5) years after the ~ertified copy of an order imposing a fine has been recorded. Unless within that time an action for close on a lien is ~ommenced in court of competent jurisdiction. The ~ontinuance of the lien affected by the commencement of the ction shall not be good against creditors or subsequent urchasers, valuable consideration without notice, unless the otice of iis pendens is recorded. n 9. That Section 2-80, of the Code of Ordinances amended by adding the words shown in underlined type and deleting the words in struck-through type as follows: · 2-80. Appeal. An aggrieved party may appeal a final administrative of the an enforcement board to the circuit court of Beach Count---y. An appeal shall be filed within thirty (30) days of the ion of the order to be appealed. 10. Tha~ Section 2-81, of the Code of Ordinances amended by adding the words shown in underlined type and deleting the words in struck-through, type as follows: 2-81. Service of Notices. All notices required by this article shall be by [ed mail return receipt requested, -e~eek~e or by hand delivery by the ~eriff or other enforcement o-~ficer, code inspector, or other the city co~nei]. 11. Ail ordinances in conflict herewith are hereby 12. That should any section or provision of this nce or any portion thereof be declared by a court of jurisdiction to be invalid, such decision shall not the remainder of this Ordinance. ~n 13. Ail Ordinances in conflict herewith are hereby n 14. That should any section or provision of this nce or any portion thereof be declared bya cuort of jurisdiction to be invalid, such decision shall not the remainder of this Ordinance. FIRST READING this ~O~day of~~_~ , 1987. / 5 SECOND, FINAL READING and PASSAGE THIS 1987. day of ,TTEST: CITY OF BOYNTON BEACH, FLORIDA (Corporate Seal) 6