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:
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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.
/
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SECOND,
FINAL
READING
and PASSAGE THIS
1987.
day of
,TTEST:
CITY OF BOYNTON BEACH, FLORIDA
(Corporate Seal)
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