boynton10 Chapter 10
GARBAGE, TRASH AND OFFENSIVE CONDITIONS*
Art. I. In General, §§ 10-1—10-21
Art. II. Refuse, Garbage and Trash, §§ 10-22—10-49
Art. III. Abandoned Property, §§ 10-50—10-53
Art. IV. Reserved, §§ 10-54—10-61
*Cross references-Solid Waste placed within Department of Public Works, §2-2; removal of dead animals, §§ 4-10, 4-11; nuisances arising from keeping of animals, § 4-13; open burning,
§ 9-3; stench bombs and other offensive matter, § 15-11; litter, § 15-26 et seq.; disposal of refuse and trash on beaches and in parks, § 16-49.
ARTICLE I. IN GENERAL
Sec. 10-1. Reserved.
Editor's note-Section 2 of Ord. No. 88-39, adopted Sept. 7, 1988, repealed former § 10-1, which pertained to penalties and derived from Code 1958, § 13-42.
Sec. 10-2. Lands to be kept free from trash orfilth.
The owners of lands within the City shall keep the land and one-half of any abutting street, alley or easement free from any accumulation of trash or filth, broken tree limbs or branches,
uncontained garbage or refuse, any containers or materials which could hold or conceal pools of water, and heavy dense or dank growth of weeds, grass, underbrush, palmettos, Florida
holly trees, or other uncultivated vegetation, or other dead or living plant life, which might constitute a fire hazard, serve as a breeding place for or harbor insects, rodents, wild
animals, snakes or other pests or vermin, give off an offensive odor, or which otherwise is considered to be a hazard to the health and safety of individuals residing or working on neighboring
property and the general public, which shall in each constitute a nuisance when any parts or accumulation
of growth are located within fifty (50) feet of the boundary of any developed or maintained adjacent property located in the corporate limits of the City of Boynton Beach. It is further
found and declared that said accumulation and growth are detrimental to the economic welfare of the adjacent property, and injurious to the public safety, health and welfare of the City
of Boynton Beach and its inhabitants. Said nuisances also adversely affect economic growth, stability and prosperity of said city and its inhabitants. It is further found and declared
that dense, undergrowth, weeds and vegetation either cultivated or uncultivated that are allowed to grow so as to impede and obstruct the normal view of intersections, railroad crossings
or traffic signs from streets, roads and highways are traffic hazards and are hereby declared to be a nuisance.
(Code 1958, §§ 13-15, 13-18, 13-27; Ord. No. 80-27, § 1, 7-15-80; Ord. No. 82-28, § 1, 9-21-82; Ord. No. 04-030, § 2, 5-18-04)
Sec. 10-3. Lands to be kept free from matter occasioning hurricane hazard
s.
All lands in the City shall be kept free from debris, vegetation (including trees) or any other matter, which by reason of height, proximity to neighboring structures, physical condition,
or other peculiar characteristics, might, in time of hurricane winds, cause damage to life or property within the immediate area surrounding the same. The existence of any debris, vegetation
or other matter as shall create such a hazard is hereby declared to be a nuisance.
(Code 1958, § 13-17; Ord. No. 04-030, § 2, 5-18-04)
Sec. 10-4. Inspection of lands to determine violation.
The City Manager or the designated representative shall, as often as may be necessary,
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inspect lands within the City to determine if violation of this chapter exists.
(Ord. No. 89-47, § 1, 12-5-89; Ord. No. 04-030, § 2, 5-18-04)
Sec. 10-5. Notice of violation required.
If the City Manager or the designated representative determines that a public nuisance exists, in accordance with the standards set forth in these sections on any lot, tract, parcel,
or other real property, within the City, whether improved or unimproved, the City Manager, or the designated representative, shall notify the owner of the property, as the ownership
appears upon the last complete records of the county tax assessor. The notice shall be given in writing by first class mail, postage prepaid, which shall be effective and complete when
properly addressed as set forth above and deposited in the United States mail with postage prepaid, and shall be considered sufficient notice. In case of multiple or joint ownership,
service as herein provided on any one (1) owner shall be sufficient. The personal hand delivery by the City Manager or the designated representative in lieu of mailing shall be equivalent
to mailing. In the event that the mailed notice is returned by the postal authorities, the City Manager or the designated representative shall cause a copy of the notice to be hand delivered
upon the occupant of the property, or upon any agent of the owner thereof. In the event that personal service upon the occupant of the property or upon any agent of the owner thereof
cannot be performed after reasonable search, the notice shall be given by a physical posting of the notice on the subject property.
(Ord. No. 89-47, § 2, 12-5-89; Ord. No. 04-030, § 2, 5-18-04)
Sec. 10-6. Content and form of notice.
(a) The Notice provided for in section 10-5 shall notify the owner of the land of the following:
(1) That it has been determined that a public nuisance exists on the land, and what constitutes that nuisance.
(2) That the owner of the land shall have no more than ten (10) days from the date of the rece
ipt of the notice to remove the condition causing the nuisance on the land.
(3) That if the conditions are
not corrected or removed, the City shall have the conditions corrected or removed at the expense of the o
wner, including, but not limited to all administrative and inspection costs.
(4) That the owner(s) have no
more than ten (10) days from the date of receipt, delivery, or posting of the notice to bring the propert
y into conformance with the City's Code of Ordinances, to file a written appeal with the City Manager or d
esignee for a hearing before a three-person appeal panel. The three-person panel shall be composed of the
City Manager, the Director of Public Works, and the Code Compliance Administrator, or their designees. The
hearing regarding the owner's appeal shall be held within five (5) days of the date the petition is recei
ved by the City Manager.
(5) That the written appeal shall address the following issues:
(a) Whether the conditions do in fact exist;
(b) Why the City should not abate the conditions on the property, at the expense of the owner, an
d
(c) The time limits for abatement.
(6) That the source of the condition shall not be a defense against the requirement that the condition shall be abated by the owner.
(7) That if, after
a hearing, the board determines that the conditions which exist on the property constitute a public nuisa
nce, the board may grant the owner of the property
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Garbage, Trash and Offensive Conditions 3
such additional time as the board should deem as appropriate to correct or remove the conditions after which the City shall have the right to have the conditions abated at the expense
of the property owner. If the owner does not request a hearing within the designated time allotted, the City shall have the right to have the objectionable condition corrected or removed
at the expense of the owner. If the City has the condition abated and payment is not received within thirty (30) days after the mailing of a notice of assessment for the cost of the
work together with all costs of inspection and administration, the City shall have a lien placed against the property for the cost of the work, including inspection and administration
costs, plus interest at the rate of eight percent (8%) per annum, plus reasonable attorney's fees, and other costs of collecting the sums, without further hearing by the board or commission.
(Ord. No. 89-47, § 3, 12-5-89; Ord. No. 02-033, § 1, 8-20-02; Ord. No. 04-030, § 2, 5-18-04)
Sec. 10-7. Hearing.
(a) The owner of the property shall have the right to file a written petition with the City Manager for a hearing no later than ten (10) days from the date of the notice of public
nuisance provided for in this chapter. The hearing shall be held before a three-person board composed of the City Manager, the Director of Public Works/Engineer and the Code Compliance
Administrator, or their designees. The hearing shall be held no later than ten (10) days after the City Manager receives the petition.
(b) The issues to be determined at the hearing are whether the conditions do in fact exist, and why the conditions should not be abated by the City at the expense of the owner, and
the time limits for the
abatement. The source of the condition shall not be a
defense against the requirement that the condition shall be abated by the owner.
(Ord. No. 89-47, § 4, 12-5-89; Ord. No. 02-033, § 1, 8-20-02; Ord. No. 04-030, § 2, 5-18-04)
Sec. 10-8. Abatement by City; notice of estimated cost.
(a) If, after a hearing, as provided for in section 10-7, the board determines that the conditions which exist on the property constitute a public nuisance, the owner of the property
shall have additional time as the board should deem as appropriate to remove or correct the conditions, after which the City shall have the right to have the conditions abated at the
expense of the property owner. If the owner has not requested a hearing, the City shall have the right to have the objectionable condition corrected or removed at the expense of the
owner. If the City has the condition abated and payment is not received within thirty (30) days after the mailing of a notice of assessment for the work together with all costs of inspection
and administration, the City shall assess the costs of the work, against the property as provided in this Chapter, including inspection and administration costs, plus interest at the
rate of eight percent (8%) per annum, plus reasonable attorney's fees, and other costs of collecting the sums.
(b) Prior to the condition being corrected by the City, notice shall be delivered or sent by first class mail, postage prepaid, to the owner notifying the owner of the estimated cost
of abating the condition.
(Ord. No. 89-47, § 5, 12-5-89; Ord. No. 04-030, § 2, 5-18-04)
Sec. 10-9. Assessment of costs, interest, and attorney's fees; lien.
As soon as possible after the abatement takes place, the City Manager shall report to the City
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Commission the cost of the abatement, including the costs of inspection and administration. Thereafter, the City Commission shall, by resolution, assess the costs against the subject
parcel. This resolution shall describe the property assessed, show the costs of the abatement, including costs of inspection and
administration, and indicate that the assessment shall bear interest at the rate of eight percent (8%) per annum plus, if collection proceedings are necessary, that the property owner
would be required to pay the cost of the proceedings including a reasonable attorney's fee. This resolution shall become effective thirty (30) days from the date of adoption, and the
assessment contained therein shall become due and payable thirty (30) days after the mailing date of the notice of the assessment. In the event that payment has not been received within
thirty (30) days after the mailing date of the notice of assessment, the City Clerk shall record a certified copy of the resolution in the public records of Palm Beach County, and upon
the date and time of recording the certified copy of the resolution, a lien shall become effective on the subject property which shall secure the cost of abatement, including costs of
inspection and administration, and collection costs including a reasonable attorney's fee. At the time the City Clerk sends the certified copy of the resolution for recording, the Clerk
shall also notify the property owner that the City is recording a certified copy of the resolution in the public records of Palm Beach County.
(Ord. No. 89-47, § 8, 12-5-89; Ord. No. 04-030, § 2, 5-18-04)
Sec. 10-10. Enforcement of assessment.
The City may enforce the assessment by either an action at law or foreclosure of the lien provided in section 10-9, which shall be foreclosed in the same manner as mortgages are foreclosed
under state law. In either type of action, the city shall be entitled to interest at the rate of eight percent (8%) per annum from the date of assessment, in addition to collection costs,
and reasonable attorney's fees.
(Ord. No. 89-47, § 9, 12-5-89; Ord. No. 04-030, § 2, 5-18-04)
Secs. 10-11—10-21. Reserved.
ARTICLE II. REFUSE, GARBAGE AND
TRASH*
*Editor's note-Ord. No. 82-29, § 1, enacted Sept. 21, 1982, repealed former Art. II, §§ 10-22—10-39, relative to refuse, garbage and trash, and enacted in lieu thereof a new Art. II,
pertaining to the same subject matter. Former Art. II was derived from Code 1958, §§ 13-2—13-6, 13-9, 13-11, 13-13, 13-33—13-41, and Ord. No. 80-20, § 1, adopted June 3, 1980.
Sec. 10-22. City to collect and dispose of garbage; supervision; regulatory auth
ority.
All refuse, garbage, trash of all types, vegetative trash, recycling, construction and demolition material accumulated in the City shall be exclusively collected, conveyed and disposed
of by the City under the supervision of the Director of Public Works. The Director of Public Works shall have authority to make administrative regulations concerning the days of collection,
type and location of waste containers and such other matters pertaining to the collection, conveyance and disposal not otherwise set by the City Commission or the City Manager as he
shall find necessary, and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 04-030, § 2, 5-18-04)
Sec. 10-23. Definitions.
For the purpose of this article, the following words and terms are defined as follows:
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Additional pickup means a collection of garbage, combustible trash, noncombustible trash, vegetative trash, or bulk trash required due to the inappropriate container, lack of containerization
and/or size or type of material placed out for pickup. Service charges shall be assessed against the customer for additional pickups.
Commercial means any public or private place, building and/or enterprise or business devoted in whole or in part to a business enterprise, whether nonprofit or profit-making in nature,
including, but not limited to hotels, motels, restaurants, offices, industries, stores, markets, theaters, hospitals and other institutions which hold themselves out to the public as
places of business, services or accommodations.
Containers or receptacles:
(1) “Noncontainerized” means the use of a "roll-out cart" provided by the City for the use of garbage collection purposes. The cart as defined will be of a special design and construction
as to allow for the mechanical or automation of collection of garbage.
(2) “Containerized” or "Dumpster" means a detachable metal container provided by the City designed and intended to be mechanically dumped into a packer-type solid waste vehicle and varying
in size from two (2) cubic yards to eight (8) cubic yards adaptable to City equipment. This type receptacle is normally associated with collection service for commercial or multifamily
developments.
(3) “Containerized or Dumpster with wheels” are containers supplied by the occupants, business, or institution who choose to use them inside buildings and roll them to the designated
outside location for pickup. This type receptacle is normally associated with multifamily or commercial developments.
(4) "Compactor" is a mechanical device to accept garbage, trash, and other types of materia
ls, mechanically press or compact the material into a more dense form, and to be serviced by City trucks d
esigned for such operations. The compactor shall be the property of the business, institution, or customer
, and shall not be owned, maintained, or repaired by the City. The City shall service the compactor to the
extent of collecting and disposal of the material, and will not be responsible for the mechanical operati
on, repair, energy to operate, or longevity of the device. The customer shall be responsible for consultin
g with the City prior to purchasing a compactor to assure the compactor and the City trucks used to servic
e the compactor are compatible. Failure on the part of the customer to conduct such coordination shall not
waive the requirement that the compactor is to be serviced by City equipment. The City will bear no respo
nsibility for modifying either the compactor, or its equipment to offer the necessary service. This type r
eceptacle can be associated with commercial, mobile home parks, or institutional type of customers.
(5) "Roll-out garbage carts" are specialized garba
ge carts provided exclusively by the City as a part of the residential garbage collection service. The car
ts are of a design that would allow the City to mechanically collect the garbage, or to automate the garba
ge collection process.
(6) "Roll-off containers" are various sized metal containers specially designed for the collection of noncombustible trash, construc
tion, demolition, cleaning, renovation, industrial or garbage wastes. normally associated with constructio
n
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projects or special events. The containers are provided by the City upon request and qualification of the customer, and shall be serviced by the City exclusively on an as needed basis.
Dispose means to deliver to approved landfill or transfer station or other approved disposal method.
Director of Public Works means the Director of Public Works and/or the duly authorized agent.
Recycling means any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the
form of raw materials or products.
Refuse shall mean any or all of the following: garbage, combustible trash, noncombustible trash, vegetative trash, contaminated yard trash, bulk trash, construction and demolition material,
hazardous, industrial waste, infectious waste, and recycling material. Such items are hereby further defined as follows:
(1) “Garbage:” Every accumulation of animal, fruit, or vegetable matter that attends the preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruit or vegetables,
and any other matter, of any nature which is subject to decay, putrefaction and generation of noxious or offensive gases or odors, or which, during or after decay may serve as a breeding
or feeding material for flies or other germ carrying insects; and any bottles, cans or other containers, except recyclable containers, which due to their ability to retain water, may
serve as a breeding place for mosquitoes or other insects. Garbage shall not include human solid waste. Garbage is collected from each residential unit in the City twice a week, and
from each commercial establishment as
requested by the customer or as required by the Director of Public Works when public safety or appearance
is jeopardized.
(2) “Combustible trash:” Accumulations of paper, rags or wooden or paper boxes, sweepings
, small appliances, furniture, toys, and other accumulations of a nature other than garbage which are usua
l to housekeeping and the operation of stores, offices, and other business places up to an accumulation of
one (1) cubic yard. Accumulations of greater than one (1) cubic yard of this material will be considered
as bulk trash. Combustible trash shall be collected on scheduled pickup days once a week at all residentia
l units throughout the City.
(3) “Noncombustible trash:” Materials that are not burnable at ordinary incin
eration temperatures, such as metals, mineral matter, metal furniture and auto bodies and parts, dirt, bri
cks, paving and other types of building or demolition materials. The City shall not collect non-combustibl
e trash on a scheduled, routine basis.
(4) “Yard trash:” Shall mean vegetative matter resulting from garde
ning, including accumulation of lawn, grass, shrubbery cuttings, dry leaf rakings, palm fronds, small tree
branches not to exceed four (4) inches in diameter or four (4) feet in length. Accumulations of subject m
aterial up to two (2) cubic yards shall be considered as "yard trash". Accumulations in excess of two (2)
cubic yards or the material, or shall be considered as bulk trash. Yard trash shall be collected on schedu
led pickup days once a week at all residential units throughout the City. All yard trash generated by priv
ately contracted yard services shall be considered as commercial material and shall be disposed of by the
private contractor responsible for generation of the material.
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Garbage, Trash and Offensive Conditions 7
(5) "Contaminated yard waste:" Shall mean any yard and garden waste pile containing material other than containerized grass or leaves, shrubbery cuttings, or vegetative matter of any
type incidental to the care of residential lawns and gardens, including limbs and branches less than four (4) inches in diameter or four (4) feet in length.
(6) "Bulk trash:" Shall mean large objects and items, however not necessarily limited to the following: washers, dryers, furniture (including mattresses and springs), rugs, cabinets,
wooden boxes, and other types of household items of size and volume less than two (2) cubic yards. Bulk trash shall also include owner generated construction debris less than one (1)
cubic yard. Also included shall be trees, tree stumps, and tree limbs less than four (4) inches in diameter and less than four (4) feet in length except for palm fronds, and the accumulation
of such yard waste type material in excess of two (2) cubic yards.
(7) "Construction and demolition material:" Commonly referred to as C&D debris, shall be any byproduct material from either the
construction or demolition or remodeling, or repair of any type building, structure, or roadway, or driveway materials. Material would commonly contain, but not be limited to, sand,
building materials, rubble, stone, brick, earthwork, paving materials, concrete, blocks, wood, roofing materials or all types, metal, piping, asphalt, dirt, rocks. HVAC ducting, heating
and air conditioning equipment, plumbing fixtures and the like. This material will not be collected routinely by the City. The customer should contact the Director of Public Works to
schedule the removal, or arrange for a roll-off container to be provided but the City. The cost of this service will be in accordance with the type of materials and the cost of associated
disposal.
(8) "Hazardous material:" Shall be any type material or product whose chemical or biological nat
ure make it dangerous to the human health if disposed improperly, or that could cause harm to the environm
ent. This includes any material which requires special handling due to its acute or chronic effects on air
and water quality, on fish, wildlife, or other biota and on the health and welfare of the public, includi
ng but not limited to explosives, pathological wastes, radioactive materials, oil-based paints, thinners,
fluorescent bulbs, auto fluids, pesticides, flares, pool chemicals, sharps or needles, batteries, and acid
ic, caustic, toxic or highly flammable chemicals. The City will not collect hazardous material on any regu
lar Solid Waste services. Arrangements for the special disposal shall he made by the customer for the prop
er, safe, and legal disposal of hazardous material by calling the Solid Waste Authority.
(9) "Infectious waste:" Is any type of waste material resulti
ng from the operation of medical clinics, hospitals, abattoirs, and other facilities producing waste which
may consist of human and/or parts, contaminated bandages, pathological specimens, hypodermic needles, con
taminated clothing and surgical gloves. The City will not routinely collect infectious waste. Arrangements
for special disposal shall be made privately by the customer for the proper, safe, and legal disposal of
infectious waste according to standards within the relevant industry.
(10) "Recyclable materials:" Shall mean newspaper (including inserts), alum
inum, plastic containers, glass bottle and jars, milk and juice cartons, aseptic containers. corrugated ca
rdboard, brown paper bags, mixed paper, tin, and ferrous cans,
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household dry-cell batteries (no wet-cell batteries) and other type materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated
or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require materials would include items that are capable of being
recycled and which would otherwise be processed or disposed of as solid waste. Recycled material shall be collected on a scheduled routine basis from each residential unit in the City.
Residential dwelling unit means any structure or shelter, house, apartment building, or any part thereof used or constructed for human habitation and shall include bath and culinary
accommodations for one or more families.
(1) "Single-family dwelling:" means a residential dwelling unit designed to contain only one (1) family, or any residential dwelling unit, or any number of residential dwelling units
receiving Solid Waste service for each individual dwelling unit.
(2) "Multi-family dwelling:" means a residential dwelling unit designed to contain more than one (1) family, and received containerized Solid Waste service.
Sanitation supervisor. See Director of Public Works.
Special pickup shall be materials not collected routinely. Special pickups will be coordinated with the resident and the Director of Public Works as to time, place, date and items to
be picked up. Items to be picked up will not be deposited at curbside more than twenty-four (24) hours prior to the scheduled special pickup. All special pickups shall be at additional
cost to the resident. An estimate of the cost of the special pickup should be obtained by contacting the office of
the Director of Public Works. Special pickups will be made as soon as practicable upon acceptance of the cost estimate by the owner.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 92-12, § 1, 6-2-92; Ord. No. 94-28, § 1, 9-9-94; Ord. No. 04-030, § 2, 5-18-04)
Sec. 10-24. Single family residential refuse collection.
(a) The City will collect noncontainerized residential refuse under the following conditions:
(1) Garbage will be colle
cted twice per week at curbside only from each single family residential unit in the City provided with ro
ll-out garbage carts. The placement of household garbage in a loose and uncontained manner on the roadside
, swale or other locations adjacent to the roadway with the expectation of collection shall be strictly pr
ohibited. All material intended for disposal with the roll-out garbage carts shall be placed inside the ca
rt, and the lid of the cart must be closed. All refuse cans and carts shall be aboveground, placed off the
street, but within three (3) feet of the curb or edge of pavement and shall be located a minimum of three
(3) feet from any obstruction that may interfere with routine collection. Yard trash and combustible tras
h will not be collected with household garbage, but will be picked up once per week on a scheduled trash p
ickup day. Yard trash and combustible trash capable of being containerized should be placed in a standard
garbage can, roll-out garbage cart, plastic bag, or disposable container. Collection of yard trash should
be piled separately from all other trash at curbside. Any mixing of household garbage, combustible, noncom
bustible, or bulk trash with the yard trash shall be strictly prohibited. Placing of
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Garbage, Trash and Offensive Conditions 9
yard trash or combustible trash in the paved area of the street or on vacant lots is prohibited. Materials classified as hazardous material will not be collected by the City. Household
garbage, trash or any type of other material intended for collection, shall not be set out prior to 6:00 P.M. of the day proceeding the scheduled pickup.
(2) All garbage cans provided by the individual customer shall be subject to inspection and approval by the Director of Public Works or designee at all times. A container not approved
by the Director of Public Works and which is set out for collection will have a notice placed upon the container, handed to the owner or occupant, or left at his residence and the occupant
shall no longer use the container for collection.
(3) Special waterproof disposable refuse bags or any other containers may be used for vegetative materials. When such bags or any other containers are used, the responsibility for protection
of either the bag or the container and the contents shall rest with the individuals occupying or residing on the property. Rupture of, or damage to the bag or container, from any cause
which results in the scattering of refuse prior to the arrival of City collection personnel will obligate the user to reassemble all of the refuse in an undamaged bag or container prior
to pickup by the City.
(4) Accumulations of yard trash shall be stacked in compact piles not to exceed two (2) cubic yards in volume at curbside within the confines of residents' or owners' side property lines.
Deposits of yard trash shall not obstruct pedestrian or vehicular traffic. The City will not collect yard trash produced from commercial tree trimming operations, landscape and lawn
maintenance operators. Tree trimmers, or privately
employed tree trimmers, tree arborists, landscape
contractors and operators of tree and shrubbery maintenance services shall remove all trash and debris fr
om the premises upon which they are working, including but not limited to limbs, tree trunks, roots, shrub
bery clippings, and other debris emanating from their work. Disposal of yard trash produced by commercial
operations or those paid to conduct such operations shall be strictly prohibited. No yard trash shall be p
laced on property owned or occupied by others without permission.
(5) Refuse containers, cans, and carts s
hall not be kept or maintained upon or adjacent to any street, sidewalk, parkway, front yard, side yard or
other place within the view of persons using the City's streets or sidewalks, except as provided herein.
Protection of the containers placed for collection is the responsibility of the resident.
(6) Curbside residential recycling service will be given to eac
h residential dwelling unit with the City, once a week. The City shall provide each resident with two (2)
recycling bins or carts. One shall be used for the accumulation of plastic containers, glass, aluminum and
other allowable co-mingled materials. The other shall be used for newspaper, magazines, glossy paper, off
ice grade paper, and corrugated cardboard. The bins shall be set out on the designated collection day.
(7) The responsibility for proper placement and pr
eparation of solid waste materials for collection shall be that of the resident of the dwelling unit. It s
hall be unlawful for any person, upon vacating or moving from any dwelling, storeroom, or any other buildi
ng in the City, to fail to remove all garbage, rubbish, and debris from such building and premises, and gr
ounds appurtenant thereto, or to fail to place said waste in an approved
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sanitary container for disposal in accordance herewith. Failure of a renter, lessee, and/or tenant to comply with this requirement shall obligate the property owner of record to fulfill
the responsibility of compliance with this Article.
(8) Hazardous wastes, infectious wastes, construction and demolition material, dead animals and any other prohibited waste shall not be placed in garbage cans, bags. or any other types
of containers or placed loose on the ground with the expectation of having the material collected by the City. These materials are not part of Single Family Residential Refuse Collection
Service. The resident and/or property owner should contact the Director of Public Works in order to inquire as to the proper disposal method for such materials.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 92-12, §§ 2—4, 6-2-92; Ord. No. 94-28, § 2, 9-9-94; Ord. No. 04-030, § 2, 5-18-04)
Sec. 10-25. Containerized commercial and residential collection.
(a) Regulations governing containerized service:
(1) Containerized refuse service shall be carried out by the City at commercial or multifamily residential establishments in the promotion of improved sanitary conditions for the prevention
of health hazard. Containers are supplied by and shall remain the property of the City. The landowner is responsible for the protection of containers placed to serve the premises. The
landowner shall be liable to the extent of the cost of repairs or replacement of containers when damaged by fire, negligence, vandalism or other forms of abuse.
(2) Free dumping access to containers at all times shall be provided by the landowner. All con
tainers shall be located so that the collection vehicle driver can dump containers without leaving the veh
icle.
(3) Customers using garbage chutes or interior storage shall provide containers on rollers which wil
l be the responsibility of the owner or occupant for maintenance. The landowner shall be responsible for p
lacing (rolling) them to the proper position for emptying and in time for emptying.
(4) The size or number
of containers shall be determined by the volume of refuse to be deposited and will be in direct relations
hip to the manner in which the user elects to utilize the space provided in said container or containers.
Charges shall be assessed on the basis of cubic yards of refuse removed from premises whether manually com
pacted or loose.
(5) At each multifamily site, located adjacent to the dumpsters, or a location approved by the City, the City shall place a minimum of
two (2) recycling carts. The carts are for the purpose of collecting recycling materials. The landowner mu
st allow space for the carts adjacent to the dumpsters, and properly accessible by the City trucks for ser
vicing. The residents of the multifamily development shall be encouraged to conduct recycling. The carts w
ill be serviced a minimum of once a week. The placement of materials, garbage, yard trash, or any other ma
terial not approved in the definition of recyclable materials shall be strictly prohibited. This service i
s provided as a part of the garbage collection fee.
(6) Commercial, institutional, and any other type activity requiring containerized garbage
2004 S-22
Garbage, Trash and Offensive Conditions 11
collection, except for multifamily collection service, are encouraged to access the garbage and trash stream, to determine the benefits of recycling. The City will provide dumpsters,
designated for cardboard and paper recycling. The service will be provided for a fee.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 04-030, § 2, 5-18-04)
Sec. 10-26. Roll-off services.
(a) Construction sites. All construction, renovation, remodeling, and repair sites, requiring a permit from the City for work being conducted, shall be maintained in a clean and sanitary
condition at all times. Each construction site shall be provided with solid waste containers adequate in size and sufficient in number to accommodate the accumulation of solid waste
during the interval between scheduled removals of solid waste from the project site. The number and type of refuse containers shall be subject to the approval of the Public Works Department.
The owner of the property, or the contractor conducting the operations, shall have the right to provide the material removal service with his own containers and equipment. In all other
cases, the owner or contractor shall be required to obtain such removal services from the City. The Public Works Department shall determine exclusively whether this service would require
the use of roll-off containers, or the service could be adequately provided by some other means.
(b) Stop work. During the construction of any site project the Building Official may at his/her discretion, issue a written order to stop work on a construction project for failure
to maintain the construction site in a clean and sanitary condition, or for failing to adhere to the requirement of this chapter.
(c) Final cleanup. Solid waste shall be removed from the construction, renovation, remodeling, or repair site, and the area properly cleaned to the
satisfaction of the Director of Public Works within five (5) workdays following the completion and final inspections of the work performed under a permit, and in all instances prior
to the issuance of a certificate of occupancy by the Building Department.
(d) Roll-off location. All roll-off containers shall be placed on the customer's property in a location accessible for service. Roll-offs may be placed in the public right-of-way only
if a permit to do so is issued by the Engineering Department.
(Ord. No. 04-030, § 2, 5-18-04)
Sec. 10-27. General regulations.
(a) Predetermination of refuse storage sites required. Prior to the issuance of a building permit by the City Building Department for the renovation, modification or erection of a new
structure, provisions must be made for the storage and handling of refuse. Such arrangements shall provide free access to containers by mechanized equipment at all times. Acting jointly,
the Public Works Department and the City Building Department and the builder-owner- occupant, as applicable, shall mutually arrive at a satisfactory arrangement to meet collection requirements.
(b) Refuse from containerized residential units will be collected twice a week or as necessary. Such frequency of service shall be determined exclusively by the Director of Public
Works to ensure public safety, health, cleanliness and appearance. In the case of the commercial establishment, the customer will be billed for the amount of service required to meet
the solid waste standards.
(c) Duty to record and bill users of City system. The Director of Public Works shall cause to be kept, an accurate record of all persons using the services and facilities of the said
municipal refuse collection and disposal system and make charges in accordance with the rates and charges herein established. The City may choose to not provide solid waste services
because of non-payment.
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12 Boynton Beach Code
(d) [Unlawful deposits.] It shall be unlawful for any person to deposit on, or bury in, or cause to be deposited on or buried in, upon any land, vacant or unoccupied premises in the
City or upon any occupied property public square, or upon any street, alley, park, parkway, or in any canal, waterway, bridge, easement, or other public passageway, or right-of-way,
or any storm drain, rock pit and sand pit, pool or lake within the City any noxious, filthy, malodorous or offensive liquid or solid materials, garbage, refuse, or rubbish anywhere within
the limits of the City in any vessel or receptacle other than in an approved refuse container which is collected regularly. Nothing in this provision shall prohibit private, backyard,
nuisance-free composting practices for home gardening purposes. No person shall burn or cause to be burned any refuse or waste anywhere within the City limits, except as otherwise provided
by law.
Cross references-Depositing litter in bodies of water, § 15-30; polluting park waters, § 16-26.
(e) Mulch or compost piles permitted. Horticultural trash and refuse containing no combustible matter, or which will not, during decay, give off offensive odors, may be accumulated
by the owner as a mulch or compost pile in the rear of the residential premises upon which the material is accumulated. Bringing material from offsite onto the property for the sake
of composting will be prohibited. Composting for commercial purpose, or composting to develop a marketable product shall be prohibited except for those cases allowed by commercial enterprise,
and properly licensed to conduct such operations.
(f) Ownership of collection refuse and waste.
(1) Ownership of refuse and waste material shall be vested in the City at the time of collection.
(2) It shall be unlawful for any person, not authorized to do so, to open, remove, untie,
or to interfere with the orderly and legitima
te collection of any refuse containers placed for collection and disposal. It shall be unlawful for any pe
rson to scavenge any solid waste within the City.
(3) Recycling material to be collected, such as newspaper, newspaper/grade papers, and/or other materia
ls, shall become the property of the City from the time of placement at the curb by the customer, and it s
hall be a violation of this Article for any person, firm, corporation, or partnership other than the City,
to tamper with or to take or remove, or to convert to its own use in any way, such material. Each such co
llection in violation hereof from one (1) or more residences or businesses during such period shall consti
tute a separate and distinct offense.
(g) Dead animals. It shall be unlawful to place any dead animal or parts thereof in any solid waste container for collection; however, this section shall not apply to animal parts
from food preparation for human consumption.
(h) Incinerators. No private incineration units shall be erected or operated within the City from the date of this Article except upon approval of the City Commission, and the issuance
of the proper permits and licenses from any and all regulating agencies.
(i) Landfills. It shall be unlawful for any person to create, use, own, or operate any landfill or dump within the corporate limits of the City.
(j) Littering. It shall be unlawful to place, or allow to be placed, any solid waste upon the roads, streets, storm drains, canals, lakes, other bodies of water, of any public or private
property within the City except as provided herein.
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Garbage, Trash and Offensive Conditions 13
(k) Non-interference. It shall be unlawful for any person to interfere with any employee of the City while in the performance of their duties as authorized by this chapter.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 04-030, § 2, 5-18-04)
Editor's note-Subsection 10-27(h), relative to the disposal of construction or industrial wastes, had been deleted as being duplicative of § 10-30.
Sec. 10-28. Reserved.
Editor's note-Provisions designated § 10-28, and enumerating certain violations, have been deleted by the editor as being duplicative of § 10-31.
Sec. 10-29. Purpose of rates and charges.
The rates and charges herein set forth are imposed to provide revenue for the purpose of paying the costs of the operation and maintenance of the refuse collection and disposal system
of the City and extensions thereof and replacements thereto and for any other lawful purpose as so determined by the City Commission.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 94-28, § 3, 9-9-94; Ord. No. 04-030, § 2, 5-18-04)
Sec. 10-30. Rates and charges for City service.
The rates and charges for refuse collection service provided by the City shall be as follows:
(a) Commercial containerized, excluding multifamily residential units:
(1) Monthly commercial charges shall consist of a total of the following three (3) items:
a. Container rental charge-A monthly flat fee to cover the cost of the container by size as follows:
2003/2004 Rates
2 cu. yd. container - $20.00/month
3 cu yd. container - 25.00/month
4 cu. yd. container - 30.00/month
6 cu. yd. container - 35.00/month
8 cu. yd. container - 40.00/month
The Public Works Director shall annually ad
just these fees based upon changing purchase prices of new containers.
b. Disposal charge-A fixed disposa
l charge as set and modified from time to time by the Palm Beach County Solid Waste Authority. This price
shall be passed on to the customer directly.
c. Operating charge-A fixed charge per cubic yard to cover a
ll other labor and equipment hauling expenses and charges of the Solid Waste Department. The rate in 2004
will be fixed at three dollars ($3.00) per cubic yard and will be increased four percent (4%) annually the
reafter at the beginning of each fiscal year, or as otherwise provided by the City Commission.
(2) Partial
monthly service will be charged on a prorated basis, based on the rates in subsection (1a.) above.
(3) Me
chanical compressed or compactor refuse shall have the disposal rate computed at a three-to-one (3:1) rati
o of the disposal rates set forth in subsection (1b.) above. Containers with compactors shall be furnished
by the owner, therefore, no rental cost shall be charged.
2005 S-23
14 Boynton Beach Code
(b) Noncontainerized commercial service: Refuse picked up from residential type cans at commercial establishments shall have their level of service negotiated by the Public Works Department.
(c) Residential rates (noncontainerized):
(1) Eleven dollars and fifty cents ($11.50) for fiscal year 2006/2007; twelve dollars ($12.00) for fiscal year 2007/2008; and twelve dollars and fifty cents ($12.50) for fiscal year
2008/2009 per month for single-family dwellings.
(2) Eleven dollars and fifty cents ($11.50) for fiscal year 2006/2007; twelve dollars ($12.00) for fiscal year 2007/2008; and twelve dollars and fifty cents ($12.50) for fiscal year
2008/2009 per month for each family unit duplex or triplex.
(3) Eleven dollars and fifty cents ($11.50) for fiscal year 2006/2007; twelve dollars ($12.00) for fiscal year 2007/2008; and twelve dollars and fifty cents ($12.50) for fiscal year
2008/2009 per month for each family unit for apartments and condominiums.
(4) Trailer parks, eleven dollars and fifty cents ($11.50) for fiscal year 2006/2007; twelve dollars ($12.00) for
fiscal year 2007/2008; and twelve dollars and fifty cents ($12.50) for fiscal year 2008/2009 per month per trailer.
(d) Residential rates (containerized, multifamily):
(1) Eight dollars and fifty cents ($8.50) for fiscal year 2006/2007; nine dollars ($9.00) for fiscal year 2007/2008; and nine dollars and fifty cents ($9.50) for fiscal year 2008/2009
per month for
each family unit for apartments and condominiums t
hat are served by dumpster containers.
(2) Eight dollars and fifty cents ($8.50) for fiscal year 2006/200
7; nine dollars ($9.00) for fiscal year 2007/2008; and nine dollars and fifty cents ($9.50) for fiscal yea
r 2008/2009 per trailer in trailer parks.
(e) Special pickup: Special pickups of items not normally handled by the weekly garbage, trash or recycling pickup, whether due to the type of waste or the volume of waste, may be
scheduled by contacting the Public Works Department and the rate for such pickup shall be established by the Director depending on the size and type of removal needed.
(f) Rate schedule extra pickup of dumpsters at multifamily locations: Three dollars ($3.00) per cubic yard.
(g) Roll-off rates. Rates for roll-off dumpsters for construction and demolition debris shall be established and modified from time to time by the Director of Public Works based upon
private markets conditions.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 83-36, § 1, 10-18-83; Ord. No. 85-55, § 1, 11-15-85; Ord. No. 86-36, § 2, 10-21-86; Ord. No. 90-36, § 1, 9-18-90; Ord. No. 91-63, § 1, 9-19-91;
Ord. No. 92-49, § 1, 10-8-92; Ord. No. 93-33, §§ 1, 2, 9-21-93; Ord. No. 94-28, § 4, 9-9-94; Ord. No. 04-030, § 2, 5-18-04; Ord. No. 04-072, § 2, 8-17-04; Ord. No. 05-055, § 2, 9-20-05;
Ord. No. 06-077, § 2, 9-6-06)
Sec. 10-31. Violations and enforcement.
It is hereby declared unlawful and a violation of this Article for any person to do or permit to be done any of the following acts or practices:
(1) To deposit or place in or c
ause to be deposited or placed in a trash container any materials other than those defined in this Article
as refuse.
2006 S-27
Garbage, Trash and Offensive Conditions 14A
(2) To fail or neglect to keep or cause to be kept clean and sanitary, tightly covered and in good state of repair, all refuse containers.
(3) To use or supply garbage cans and refuse containers other than those defined and provided for in this Article.
(4) To collect or permit to be collected by anyone, the garbage from any garbage container other than by persons regularly employed by the City for that purpose unless specifically authorized
by the City Commission.
It shall be unlawful for any person to fail, neglect, or refuse to comply with and abide by each provision of this Article. The performance on each day of any prohibited act or practice
shall constitute a separate offense, and shall be punishable as such.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 04-030, § 2, 5-18-04)
Secs. 10-32—10-49. Reserved.
2006 S-27
14B Boynton Beach Code
Garbage, Trash and Offensive Conditions 15
ARTICLE III. ABANDONED PROPERTY*
*Editor's note-Ord. No. 87-2, §§ 1, 2, adopted Feb. 3, 1987, repealed former Art. III, Abandoned, wrecked or junked vehicles, being §§ 10-50—10-56, as derived from the 1959 Code, §§
29-5—29-8, and enacted in lieu thereof new provisions designated herein as Art. III, §§ 10-50—10-54.
Sec. 10-50. Definitions.
For the purposes of this Article, the following words and phrases shall have the meaning set forth herein. According to context, words used in the present tense include the future,
singular words include the plural, plural words include the singular, and masculine words shall include the feminine gender.
Abandoned property means all tangible personal property which does not have an identifiable owner and which has been disposed on public property in a wrecked, inoperative, or partially
dismantled condition or which has no apparent intrinsic value to the rightful owner. However, vessels determined to be derelict by the Department of Natural Resources in accordance with
the provisions of Section 823.11, Florida Statutes, shall not be included in this definition.
Antique motor vehicle is any motor vehicle of thirty-five (35) years or more which is registered with the State of Florida, pursuant to Florida Statutes, Section 320.086.
City is the City of Boynton Beach, Florida.
Enforcement officer means those employees or other agents of the City designated by ordinance, or duly authorized and appointed by the City Manager, whose duty it is to enforce City
Codes. This definition shall include, but not be limited to, law enforcement and code compliance officers.
Inoperable motor vehicles. A motor vehicle shall be deemed inoperable and/or abandoned if a valid and current motor vehicle license is not affixed thereto in excess of thirty (30) calendar
days; provided however, that this shall not apply to motor vehicles located on private property owned or leased by automobile dealers, new or used, possessing a current, valid, occupation
license; nor shall this definition apply to any antique or collector vehicle which is registered with the State of Florida, pursuant to Florida Statutes, Section 320.086.
Law enforcement officer means any full-time police officer employed by the City.
Lost property means all tangible personal property which does not have an identifiable owner and which has been mislaid on public property, upon a public conveyance, on premises used
at the time for business purposes, or in parks, places of amusement, public recreation areas, or other places open to the public in a substantially operable, functioning condition or
which has an apparent intrinsic value to the rightful owner.
Motor vehicle is a vehicle or conveyance which is self-propelled and designed to travel along the ground, and includes, but is not limited to, automobiles, buses, mopeds, motorcycles,
trucks, tractors, go-carts, golf carts, campers, motorhomes and trailers.
Private property is any real property within the City which is privately owned and which is not defined as public property herein.
Public property means lands and improvements owned by the federal government, the State of Florida, a county or a municipality and includes sovereignty submerged lands located adjacent
to the county or municipality, buildings, grounds, parks, playgrounds, streets, sidewalks, parkways, rights-of-way, and other similar property.
2004 S-22
16 Boynton Beach Code
Wrecked motor vehicle is any motor vehicle the condition of which is wrecked, dismantled, partially dismantled, incapable of operation by its own power on a public street, or from which
the wheels, engine, transmission or any substantial part thereof has been removed.
(Ord. No. 87-2, § 2, 2-3-87; Ord. No. 87-29, § 1, 9-15-87; Ord. No. 04-030, § 2, 5-18-04)
Sec. 10-51. Abandoned or lost property on public property, procedure.
(a) Whenever a law enforcement officer of the City ascertains that an article of lost or abandoned property is present on public property and is of such nature that it can be easily
removed, the officer shall take such article into custody and shall make a reasonable attempt to ascertain the rightful owner or lienholder pursuant to the provisions of this section.
(b) Whenever a law enforcement officer ascertains that an article of lost or abandoned property is present on public property and is of such nature that it cannot be easily removed,
the officer shall cause a notice to be placed upon such article in substantially the following form:
NOTICE TO
THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brie
f description) is unlawfully upon public property known as (setting forth brief description of location) a
nd must be removed within 5 days, otherwise, it will be removed and disposed of pursuant to Chapter 705, F
lorida Statutes. The owner will be liable for the costs of removal, storage, and publication of notice. Da
ted this: (setting forth the date of posting of notice), signed: (setting forth name, title, address and t
elephone number of law enforcement officer).
Such notice shall be not less than seven (7) inches by ten (10) inches and shall be sufficiently weatherproof
to withstand normal exposure to the elements. In addition to posting, the law enforcement officer shall make a reasonable effort to ascertain the name and address of the owner. If such
is reasonably available to the officer, he shall mail a copy of such notice to the owner on or before the date of posting. If the property is a motor vehicle as defined in Section 320.01(1),
Florida Statutes, or a vessel as defined in Section 327.02(27), Florida Statutes, the law enforcement agency shall contact the Department of Highway Safety and Motor Vehicles or the
Department of Natural Resources, respectively, in order to determine the name and address of the owner and any person who has filed a lien on the vehicle or vessel as provided in Section
319.27(2) or (3) or Section 328.15(1), Florida Statutes. On receipt of this information, the law enforcement agency shall mail a copy of the notice by certified mail, return receipt
requested, to the owner and to the lienholder, if any. If, at the end of five (5) days after posting the notice and mailing such notice, if required, the owner or any person interested
in the lost or abandoned article or articles described has not removed the article or articles from public property or shown reasonable cause for failure to do so, the following shall
apply:
(1) For abandoned property,
the City may retain any or all of the property for its own use or for use by the state or unit of local g
overnment, trade such property to another unit of local government or state agency, donate the property to
a charitable organization, sell the property, or notify the appropriate refuse removal service.
(2) For l
ost property, the officer shall take custody and the City shall retain the property for ninety (90) days a
nd publish notice of the City's intended disposition of the property.
a. If the City elects to retain the
property for its own use, donate the property to a charitable organization, surrender such property to the
finder, sell the
2004 S-22
Garbage, Trash and Offensive Conditions 17
property or trade the property to another unit of local government of state agency, notice of such election shall be given by an advertisement published once a week for two (2) consecutive
weeks in a newspaper of general circulation in Palm Beach County.
b. If the City elects to sell the property, it must do so at public sale by competitive bidding. Notice of the time and place of the sale shall be given by an advertisement of the sale
published once a week for two (2) consecutive weeks in a newspaper of general circulation in Palm Beach County. The notice shall include a statement that the sale shall be subject to
any and all liens. The sale must be held at the nearest suitable place to that where the lost or abandoned property is held or stored. The advertisement must include a description of
the goods and the time and place of the sale. The sale may take place no earlier than ten (10) days after the final publication. Notice of the City's intended disposition shall describe
the property in a manner reasonably adequate to permit the rightful owner of the property to identify it.
(c) If the property is sold at public sale pursuant to subparagraph 10-51(b)(2)b, the City shall deduct from the proceeds the cost of transportation, storage, and publication of notice,
and any balance of proceeds shall be deposited into an interest-bearing account not later than thirty (30) days after the date of the sale and held there for one (1) year. The City shall
provide a bill of sale clearly stating that the sale is subject to any and all liens. The rightful owner of the property may claim the balance of the proceeds within one (1) year
from the date of the above stated deposit by making application to the City. If no rightful owner comes forward with a claim to the property within the designated year, the balance
of the proceeds shall be deposited into the state school fund.
(d) The owner of any abandoned or lost property who, after notice as provided in this section, does not remove such property within the specified period shall be liable to the City
for all costs of removal, storage, and destruction of such property, less any salvage value obtained by disposal of the property. Upon final disposition of the property, the law enforcement
officer shall notify the owner, if known, of the amount owed. In the case of an abandoned boat or motor vehicle, any person who neglects or refuses to pay such amount is not entitled
to be issued a certificate of registration for such boat or motor vehicle, or any other boat or motor vehicle, until such costs have been paid. The City shall supply the Department of
Natural Resources with a list of persons whose boat registration privileges have been revoked under this subsection and the Department of Motor Vehicles with a list of persons whose
motor vehicle privileges have been revoked. Neither department nor any other person acting as agent thereof shall issue a certificate of registration to a person whose boat or motor
vehicle registration privileges have been revoked, as provided by this subsection, until such costs have been paid.
(e) Whoever opposes, obstructs, or resists any law enforcement officer or any person authorized by the law enforcement officer in the discharge of his duties as provided in this section
upon conviction is guilty of a misdemeanor of the second degree, punishable as provided in Section 755.083, Florida Statutes, as may be amended from time to time.
(f) Any law enforcement officer or any person authorized by the law enforcement officer is immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real
property while in the discharge of duties imposed by this section.
2004 S-22
18 Boynton Beach Code
(g) The rightful owner shall be liable for the City's costs for transportation and storage of lost or abandoned property and the City's cost for publication of notice of disposition
of lost property. If the rightful owner does not pay such costs within thirty (30) days of making claim to the property, title to the property shall vest in the City.
(Ord. No. 87-2, § 2, 2-3-87; Ord. No. 87-29, §§ 2, 3, 9-15-87; Ord. No. 04-030, § 2, 5-18-04)
Sec. 10-52. Storing, parking, or leaving wrecked or inoperable motor vehicles on private properly prohibited and declared a nuisance; exceptions.
(a) No person shall park, store, leave or permit the parking, storing or leaving of any abandoned property or wrecked or inoperable motor vehicle of any kind, whether attended or not,
upon any private property within the City, except that, with respect to an inoperable motor vehicle, such vehicle may be parked, stored, or left on said property for a period of time
not to exceed seventy-two (72) hours. The presence of such vehicles, or parts thereof, on private property is hereby declared a public nuisance which may be abated in accordance with
provisions of this Article.
(b) This section shall not apply to:
(1) Any motor vehicle which is completely enclosed within a building, or unless it is held in connection with a business enterprise lawfully licensed by the City for the servicing and
repair of such vehicles and properly operated in an appropriate business zone pursuant to the zoning ordinances of the City;
(2) Nor shall this section apply to any antique or collector vehicle which is registered with the State of Florida, pursuant to Florida Statutes, Section 320.086. However, no
more than two (2) antique motor vehicles may be
retained by the same owner for collection purposes unless they are appropriately stored.
(c) Whenever the enforcement officer of the City shall ascertain that an article or articles of abandoned property are present on private property within the limits of the City of Boynton
Beach in violation of the provisions of this article, the enforcement officer shall cause a notice to be placed upon such article in substantially the following form:
NOTICE T
O THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth bri
ef description) located at (setting forth brief description of location) is improperly stored and is in vi
olation of (setting forth ordinance or regulation violated) and must be removed within ten (10) days from
the date of this notice unless a hearing has been demanded in accordance with the terms of Chapter 10, Art
icle I, Boynton Beach Code of Ordinances within ten (10) days of the date of this notice; otherwise, it sh
all be presumed to be abandoned property and will be removed and destroyed by order of the City of Boynton
Beach and the owner will be liable for the costs of removal and destruction. Dated this: (setting forth d
ate of posting of notice). Signed: (setting forth name, title, address, telephone number of enforcement of
ficer).
Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements for a period of ten (10) days.
In addition to posting the notice, on or before the date of posting the enforcement officer shall mail a copy of the Notice to the Owner of the real property upon which the abandoned
articles are located, as shown by the real estate tax records used by the City of Boynton Beach, and if the abandoned property is a motor vehicle or boat, shall make a reasonable effort
to ascertain the
2004 S-22
Garbage, Trash and Offensive Conditions 19
name and address of the owner and shall mail a copy of a notice to such owner. The notice shall also advise the person to whom the notices are applicable that they have seven (7) days
from the date of posting and/or mailing of the notice to correct the condition or file a written petition with the City Manager or the designee for a hearing as provided in Section 10-7
of the City's Code of Ordinances, which hearing shall be held no later than ten (10) days after the date the petition is received by the City Manager.
(d) Procedures:
(1) Hearing. The issues to be determined at the said hearing are whether the conditions creating a nuisance, do in fact exist; why the conditions should not be abated by the City at
the expense of the owner; the time limits for such abatement. The source of the condition shall not be a defense against the requirement that the condition shall be abated by the owner.
If after a hearing the board determines that the conditions which exist on the property constitute a public nuisance, the owner or owners of the property shall have no more than seven
(7) days from the date of the hearing to correct or remove the conditions, after such time, the City shall have the right to have the conditions abated at the expense of the property
owner.
(2) Removal. If the owner or other interested person has not requested a hearing within seven (7) days, the City shall have the right to have the objectionable condition corrected or
removed at the expense of the owner. If the City has the condition abated and payment for the City's abatement costs is not received within thirty (30) days after the filing of a notice
of assessment for the cost of such work together with all costs of inspection and administration, the City shall have a lien placed against the property for
the cost of the work, including inspection and ad
ministration cost, plus interest at the rate of eight per cent (8%) per annum, plus reasonable attorney fe
es and other costs of collecting said sums without further hearing. If, at the end of seven (7) days after
posting or mailing such notice, the owner or any person interested in the abandoned article or articles d
escribing such notice has not removed the article or articles and complied with the ordinance or regulatio
ns cited in the Notice, the enforcement officer may cause the article or articles of abandoned property to
be removed or destroyed. The salvage value, if any, of such article or articles shall be retained by the
local government to be applied against the cost of removal and destruction thereof, unless the cost of rem
oval and destruction are paid by the owner.
The owner of any abandoned motor vehicle or the owner of the r
eal property upon which the vehicles or other abandoned property is located, who after notice is provided
in this Article, does not remove the vehicle or other property within the specified period then they shall
be liable to the City of Boynton Beach for all costs of removal and destruction of such property, less an
y salvage value received by the local government. Upon such removal and destruction, the local government
officer shall notify the owner of the amount owed and of the penalty provision of the section.
(3) Notific
ation of removal to owner and other interested parties. The enforcement officer, after taking possession o
f any motor vehicle pursuant to this Article, shall furnish notice in accordance with this section by cert
ified mail (return receipt requested) to the last known registered owner of the motor vehicle at his last
known address within fifteen (15)
2004 S-22
20 Boynton Beach Code
days of the date of which possession of the motor vehicle is taken, with a copy of the notice to the owner or occupant of the property from which the vehicle is taken.
The enforcement officer shall also contact the Department of Motor Vehicles, State of Florida, and such other agencies and departments of government in this and other states as are
reasonably necessary to ascertain the names and addresses of other persons with record interests in the motor vehicle, including lien holders. Such other persons shall be given notice
in the same manner as stated in the previous section.
Notice under this section shall contain the following information:
a. Year, make, model, and serial number of the motor vehicle.
b. The name and address of the last known registered owner of the motor vehicle, if available.
c. The vehicle registration number and the title registration number of the motor vehicle if available.
d. The date on which the motor vehicle was removed.
e. The location from which the motor vehicle was removed.
f. The location in which the motor vehicle is being stored or in the alternative a number to contact.
The notice shall also advise the persons to whom it is given that the person who is entitled to possession of the motor vehicle may reclaim it upon payment to the City of all charges
incurred by the City and the removal and storage of the motor vehicle, except that
if such reclamation is not made within twenty (20) days after date of the notice, the right to reclaim the motor vehicle as well as all right, title and interest of said person in the
vehicle, shall be deemed to be waived and that such person shall be deemed to have consented to the disposition of the motor vehicle by the City.
If the City is unable to identify properly the last registered owner of any motor vehicle or if unable to obtain with reasonable certainty the names and addresses of the owner or other
interested parties, including lienholders, it shall be sufficient notice under this section to publish the notice once in one newspaper of general circulation in the City of Boynton
Beach. Such notice by publication may contain multiple listings of motor vehicles.
A copy of any notice required in this section, as well as a copy of any certificate of sale issue
hereunder by the City or its designee shall be forwarded to the Division of Motor Vehicles, State of Florida.
(Ord. No. 87-2, § 2, 2-3-87; Ord. No. 02-033, § 1, 8-20-02; Ord. No. 04-030, § 2, 5-18-04)
Sec. 10-53. Nuisance abatement bid procedure.
The services entailed in carrying out the abatement of nuisances under this Article may be performed by the City or be performed by an independent contractor retained by the City pursuant
to the City's procurement policies and procedures.
(Ord. No. 87-2, § 2, 2-3-87; Ord. No. 04-030, § 2, 5-18-04)
ARTICLE IV. RESERVED*
*Editor's note-Ord. No. 90-16, §§ 1, 2, adopted July 3, 1990, abolished the nuisance abatement board
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and repealed Ord. No. 90-2; hence, Art. IV, pertaining to such subject matter has been deleted. Prior to deletion, Art. IV, §§ 10-55—10-61, derived from Ord. No. 87-39, § 1, adopted
Oct. 20, 1987; as amended by Ord. No. 90-2, §§ 1—4, adopted Jan. 16, 1990.
Secs. 10-54—10-61. Reserved.
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