08-010
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1 ORDINANCE NO 08- 0 I 0
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING CHAPTER 2, ARTICLE V OF THE
5 CITY'S CODE OF ORDINANCES, ENTITLED "CODE
6 COMPLIANCE BOARD" BY EXPEDITING PROCEDURES
7 WITH RESPECT TO ABATEMENT OF CERTAIN
8 NUISANCES; PROVIDING FOR CODIFICATION;
9 PROVIDING FOR CONFLICTS; PROVIDING FOR
10 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
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12 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
13 of staff deems it in the best interests of the residents of the City to amend Section 2-79 of
14 Chapter 2, Article 5, entitled "Code Compliance Board" to provide for expedited procedures
15 with respect to abatement of certain nuisances by transferring City Commission review of a Code
16 Compliance Board Order to an administrative review.
17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
18 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
19 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
20 being true and correct, and are hereby incorporated herein and made a part hereof.
21 Section 2. Article V, Code Compliance Board of Chapter 2, Administration, of the
22 Boynton Beach Code of Ordinances, is amended as follows:
23 Sec. 2-79 Administrative fine; liens.
24 (a) The enforcement board, upon notification by the code inspector, that an
25 order of the enforcement board has not been complied with by the said time, or,
CODING: Words in strike through type are deletions from existing law;
Words in underlined type are additions.
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1 upon finding that a repeat violation has been committed, may order the violator to
2 pay a fine not to exceed one thousand dollars ($1000.00) per day for a first
3 violation and not to exceed five thousand dollars ($5000.00) per day for a repeat
4 violation and up to fifteen thousand dollars ($15000) per violation if the code
5 enforcement board finds the violation to be irreparable or irreversible in nature for
6 each day the violation continues past the date set by the enforcement board for
7 compliance or, in the case of a repeat violation for each day the repeat violation
8 continues beginning with the date the repeat violation is found to have occurred by
9 the code inspector. In addition, if the violation is a violation described in section 2-
10 76( c), the enforcement board sflallmay render an order which includes authority for
11 the City to notify the city commission, which may make all reasonable repairs
12 which are required to bring the property into compliance and charge the violator
13 with the reasonable cost of the repairs along with the fine imposed pursuant to this
14 section. The City Manager or his designee shall have authority to initiate repairs to
15 bring the property into compliance. When City action is taken the property owner
16 shall be issued an invoice for the reasonable cost of repairs. Making such repairs
17 does not create a continuing obligation on the part of the city to make further
18 repairs or to maintain the property and does not create any liability against the
19 local governing body for any damages to the property if such repairs were
20 completed in good faith.
21 ...
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23 Section 3. It is the intention of the City Commission of the City of Boynton Beach,
24 Florida that the provisions of this ordinance shall become and be made a part of the City of
25 Boynton Beach Code of Ordinances. The sections of this ordinance may be re-numbered or re-
26 lettered and the word "ordinance" may be changed to "section," "article," or such other
27 appropriate word or phrase in order to accomplish such intentions.
28 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in
29 conflict herewith be, and the same are hereby repealed to the extent of such conflict.
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1 Section 5. If any clause, section, or other part or application of this Ordinance shall be
2 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
3 or invalid part or application shall be considered as eliminated and so not affecting the validity of
4 the remaining portions or applications remaining in full force and effect.
5 Section 6. This Ordinance shall become effective immediately upon its passage and
6 adoption.
7 FIRST READING this ~ day of MAV ,2008.
8
9 SECOND, FINAL READING AND PASSAGE this ,20~ day of
10 ~ ,2008.
11 CITY OF BOYNTON BEACH, FLORIDA
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27 ATTEST:
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29 a~ a,~
30 net M. Prainito,
3 City Clerk
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33 (CORPORATE SEAL)
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