09-040
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I ORDINANCE NO. 09- 040
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3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 THE CITY OF BOYNTON BEACH CODE OF
6 ORDINANCES BY AMENDING CHAPTER 10,
7 "GARBAGE, TRASH, OFFENSIVE CONDITIONS,"
8 ARTICLE III, "ABANDONED PROPERTY," BY
9 ENACTING A NEW SECTION 10-51.5, ENTITLED
10 "AR '.NDONED PERSONAL AND REAL PROPERTY";
11 PROVIDING FOR CONFLICTS, SEVERABILITY,
12 CODIFICATION AND AN EFFECTIVE DATE.
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14 WHEREAS, the City Commission desires to amend the City's Code of Ordinances in
15 order to provide for additional enforcement and monitoring mechanisms that will assist the City
16 in monitoring abandoned personal property located on private property throughout the City;
17 WHEREAS, the City Commission desires to amend the City's Code of Ordinances in
18 order to provide a process by which real property, subject to foreclosure, is maintained in
19 accordance with the City's property maintenance code. and a mechanism for keeping track of
20 the current owner or mortgage holder of the property; and
21 WHEREAS, the adoption of this ordinance is in the best interest of the health, safety,
22 and welfare ofthe residents, citizens, and business within the City of Boynton Beach.
23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section l. The foregoing whereas clauses are true and correct and are now ratified and
26 confirmed by the City Commission.
27 Secti on 2. That Article Ill, "Abandoned Property," of the City of Boynton Beach
28 Code of Ordinances, be, and the same is hereby amended by enacting a new Section 10-63,
29 entitled "Abandoned Personal and Real Property". to read as follows:
30 Sec. 10-51.5. Abandoned Personal and Real Property
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I (a) Purpose and intent. It is the purpose and intent of this section to establish a process to address the
2 amount of abandoned personal and real properlY located within the citv. This section is further intended
3 to specificallv establish an abandoned residential property program as a mechanism to protect
4 residential neighborhoods from becoming blighted through the lack of adequate maintenance and
5 security of abandoned properties.
6 (b) Definitions. The following words, terms and phrases. when used in this chapter, shall have the
7 meanings ascribed to them in this section, except where the context clearlv indicates a different
8 meaning:
9 ( I) Abandoned versonal vroverty means property which has been left abandoned and unprotected
10 from the elements and shall include. but not be limited to, wrecked, inoperative or partiallv dismantled
11 trailers. boats. machinery, refrigerators, washin~ machines, plumbing fixtures, furniture and anv other
12 similar article which has been left abandoned and unprotected from the elements.
13 (2) Abandoned real vroverty means anv properlY that is vacant or is under a current notice of default
14 and/or notice of mortgagee's sale bv the lender or a pending tax assessors lien sale and/or properties that
15 have been the subiect of a foreclosure sale where the title was retained bv the beneficiary of a mort!J;age
16 involved in the foreclosure and anv properties transferred under a deed in lieu of foreclosure or sale.
17 (3) Accessible property means a properlY that is accessible through a compromised/breached gate,
18 fence, wall, etc.
19 (4) Accessible structure means a structure/building that is unsecured and/or breached in such a wav as
20 to allow access to the interior space by unauthorized persons.
21 (5) Enforcement officer means any full-time law enforcement officer, building official, code
22 enforcement officer. fire inspector or building inspector employed within the city.
23 (6) Evidence of vacancv means any condition that on its own. or combined with other conditions
24 present would lead a reasonable person to believe that the properlY is vacant. Such conditions may
25 include. but not be limited to, overgrown and/or dead vegetation, accumulation of abandoned personal
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I i . properlY, as defined herein, statements bv neighbors, passers-bv, delivery agents or government agents,
2 among other evidence that the properlY is vacant.
3 (7) Foreclosure means the process by which a properlY, placed as security for a real estate loan. is
4 sold at public sale to satisfy the debt if the borrower defaults.
5 (8) Nominal salvaf!e value means the value of an article of abandoned or derelict property which a
6 reasonablv prudent person would believe is the fair market value of the properlY, taking into
7 consideration its useful life, earning capacity or replacement cost. less depreciation and items of general
8 or special depreciation, would be nominallv greater than the costs of salvage including the removal.
9 transportation, storage and sale of same.
10 (9) Proverty manafJement comvanv means a local property manager. property maintenance company
11 or similar entity responsible for the maintenance of abandoned real properlY.
12 (10) Public vroverty means canals, all waterways. lands and improvements owned bv governmental
13 bod v or anv governmental agencv including but not limited to easements and rights-of-wav, but
14 excluding the campus of an v institution of the state university svstem.
15 ( J I) Residential buildini! means anv improved real properlY, or portion thereof. situated in the city,
16 designed or permitted to be used for dwelling purposes, and shall include the buildings and structures
17 located on such improved real property.
18 (12) Vacant means anv building/structure that is not legallv occupied.
19 ( c) Avvlicability. This section shall be considered cumulative and not superseding or subiect to any
20 other law or provision for same. but shall rather be an additional remedy available to the city above and
21 bevond any other state. county and/or local provisions for same.
22 (d) Penalties. Any person who shall violate the provisions of this section shall, upon conviction, be
23 punished as provided in section 1-6 of the City of Bovnton Beach Code of Ordinances Code as
24 applicable. In addition. any violation of this section mav be enforced through the City's Code
25 Compliance Board as provided in Chapter 2, Article V, of the City's Code of Ordinances.
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I (e) Placement of abandoned versonal provertv on vrivate vrovertv vrohibited.
2 ( I) It shall be unlawful for anv person to abandon personal properlY upon private property:
3 a. Without such receiving property owner's consent: or
4 b. In violation of this or anv other applicable law, ordinance or regulation.
5 (2) Nothing in this section shall be deemed to apply to abandoned personal property authorized to be
6 left on private business properlY properly operated, licensed and zoned in the City for the purpose of
7 accepting abandoned properlY.
8 (f) Public nuisance. All abandoned personal properlY and abandoned real properlY is hereby declared
9 to be a public nuisance, the abatement of which pursuant to the police power is herebv declared to be
10 necessary for the health, welfare and safety of the residents of the city.
11 (g) Notification procedure. When an enforcement officer ascertains that an article of personal properlY
12 having nominal salvage value lies abandoned or derelict upon private property, that officer shall:
13 ( J) Cause a notice to be placed upon such abandoned properlY in the substantially following form:
14 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
15 FOLLOWING DESCRIBED PROPERTY:
16 ( setting forth brief description)
17 LOCATED AT:
18 ( setting forth brief description of location) is:
19 IMPROPERLY STORED AND IS IN VIOLATION OF
20 (setting forth ordinance or violation violated)
21 AND MUST BE REMOVED WITHIN FIVE (5) DAYS FROM THE DATE OF THIS
22 NOTICE: OTHERWISE IT SHALL BE PRESUMED TO BE ABANDONED
23 PROPERTY AND MAYBE REMOVED AND SOLD OR DESTROYED BY ORDER
24 OF THE CITY OF BOYNTON BEACH, FLORIDA. DATED THIS:
25 ( setting forth the date of posting of notice)
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I SIGNED
2 (setting forth name, title, address and telephone number of enforcement officer)
3 (2) Such notice shall be not less than ei!J;ht (8) inches bv ten ( J 0) inches and be sufficientlv
4 weatheroroofto withstand normal exposure to the elements.
5 (3) The enforcement officer shall make reasonable effort to ascertain the name and address of the
6 owner of the abandoned properlY and. if such address is reasonably available, the officer shall mail bv
7 certified mail a copv of the notice to the owner on or before the date of posting the above-described
8 notice on the abandoned personal property.
9 (4) The enforcement officer shall mail bv certified mail a copv of the above-described notice to the
10 owner of the real properlY upon which the abandoned personal property is located. as shown by the real
11 estate tax records as provided by the Palm Beach County ProperlY Appraiser's Office or anv other
12 address provided to the local government by such owner, on or before the date of posting such notice.
13 (h) Removal of abandoned versonal proverty.
14 (]) If at the end of five (5) davs after posting notice under this section, the owner or any person
15 interested in such abandoned personal properlY described in the notice has not removed same. the city
16 mav seek an appropriate order from the special magistrate or code enforcement board and may
17 subsequently cause the article of abandoned personal propertv to be removed and destroved. and the
18 salvage value, if anv. of such article shall be retained bv the city to be applied a~ainst the cost of
19 removal and destruction thereof.
20 (2) Before destruction, for abandoned property on private lands, at the end of the five (5) dav period of
21 posting of such notice. if the owner or person having: interest in the property has not removed the
22 abandoned property from private properlY, or shown reasonable cause for failure to do so. the City mav
23 cause the property so described to be removed bv a towing or salvage companv who shall cause the
24 article or articles of abandoned properlY to be removed and placed in storage if applicable with the local.
25 state and federal regulations. At the conclusion of the required storage, if the article is not claimed. and
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I if the salvage value is above one hundred dollars ($100.00), the towing company shall pav the City the
2 sum of twenty-five dollars ($25.00) or ten (10) percent of such value, whichever is greater. for the
3 administrative costs in handling with said article. If the article is claimed, the City shall receive twenty-
4 five dollars ($25.00) as an administrative fee.
5 (3) It is unlawful to remove abandoned personal property, including inoperative vehicles, from private
6 properlY to public properlY after the posting of said properlY by an enforcement officer.
7 (4) In the event that the abandoned properlY is deemed to be an imminent public health and safety
8 hazard. an enforcement officer is authorized to remove the property immediatelv. Subsequent to the
9 removal of the abandoned properlY. the City shall make reasonable and diligent efforts to ascertain the
10 owner and take the applicable action. If the abandoned properlY is on private properlY, the private
II properlY owner shall be provided notice and assessed the cost of removal of the abandoned properlY and
12 any required clean-up ofthe private propertv.
13 (i) Rei!istration of abandoned real vroperty.
14 ( I) Anv mortgagee who holds a mortgage on real properlY located within the City shall perform an
15 inspection of the properlY that is the security for the mort!J;age, upon default bv the mortgagor, . or
16 issuance of a notice of default. If the property is found to be vacant or shows evidence of vacancy, it
17 shall be deemed abandoned and the mortgagee shall, within ten ( 10) days of the inspection, register the
18 properlY with the City's Code Compliance Administrator, his/her designee. or the Citv's authorized
19 representative, on forms provided bv the City. A registration is required for each vacant properlY.
20 (2) If the properlY is occupied but remains in default. it shall be inspected bv the mortgagee or his
21 designee monthlv until ( 1) the mortgagor or other parlY remedies the default, or (2) it is found to be
22 vacant or shows evidence of vacancy at which time it is deemed abandoned, and the mortgagee shall.
23 within ten (10) days of that inspection, register the properlY with the City's Code Compliance
24 Administrator, his/her designee, or the City's authorized representative, electronicallv via the City's
25 I website or on forms provided bv the City.
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I (3) Registration pursuant to this section shall contain the name of the mortgagee, the direct mailing
2 address of the mortgagee, a direct contact name and telephone number of mortgagee facsimile number
3 and e-mail address and. the local property management company responsible for the security and
4 maintenance of the properlY and their direct contact name and telephone number of manager, facsimile
5 number and email address. and mobile number for direct contact.
6 (4) An annual registration fee in the amount of one hundred fifty dollars ($150.00). per properlY, shall
7 accompany the registration.
8 (5) This section shall also applv to properties that have been the subiect of a foreclosure sale where the
9 title was transferred to the beneficiary of a mortgage involved in the foreclosure and anv properties
10 transferred under a deed in lieu offoreclosure/sale.
11 (6) Properties subiect to this section shall remain under the annual registration requirement. security
12 and maintenance standards ofthis section as long as thev remain vacant.
13 (7) Anv person or corporation that has registered a property under this section must report any change
14 of information contained in the registration within ten (10) days of the change.
15 (i) Maintenance requirements.
16 (I) In addition to the complying with the City's ProperlY Maintenance Code, properties subiect to this
17 chapter shall be kept free of weeds, overgrown brush, dead vegetation, trash, iunk. debris, building
18 materials, anv accumulation of newspapers, circulars, tlvers, notices, except those required by federal,
19 state, or local law. discarded personal items included, but not limited to, furniture, clothing. large and
20 small appliances, printed material or any other items that give the appearance that the property is
21 abandoned.
22 (2) The properlY shall be maintained free of graffiti or similar markings by removal or painting over
23 with an exterior grade paint that matches the color of the exterior structure.
24 (3) Front. side. and rear vard landscaping shall be maintained in accordance with the City's Code of
25 Ordinances at the time registration was required.
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1 (4) Landscape shall include, but not be limited to, grass. ground covers, bushes, shrubs, hedges or
2 similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential
3 installation. Landscape shall not include weeds, gravel. broken concrete, asphalt or similar material.
4 (5) Maintenance shall include, but not be limited to. watering, irrigation, cutting. and mowing of
5 required landscape and removal of all trimmings.
6 (6) Pools and spas shall be maintained so the water remains free and clear of pollutants and debris.
7 Pools and spas shall comply with the enclosure requirements of this Code and Florida Building Code, as
8 amended from time to time.
9 (7) Failure of the mortgagee and/or properlY owner of record to properly maintain the property may
10 result in a violation of this Code and issuance of a citation or notice of violation/notice of hearing by a
11 City Code Compliance Officer. Pursuant to a findinlJ; and determination by the City's Code Compliance
12 Board, the City may take the necessary action to ensure compliance with this section.
13 (k) Securitv reauirements.
14 (I) Properties subiect to this section shall be maintained in a secure manner so as not to be accessible
15 to unauthorized persons.
16 (2) A "secure manner" shall include. but not be limited to. the closure and locking of windows, doors.
17 gates and other openings of such size that may allow a child to access the interior of the properlY and/or
18 structure. Broken windows shall be secured bv re-glazing.
19 (3) A local properlY management companv shall be contracted to perform bi-weeklv inspections to
20 verify compliance with the requirements of this section. and any other applicable laws.
21 (4) The propertv shall be posted with the name and twenty-four (24) hour contact phone number of the
22 local properlY management company. The posting shall be no less than an eight-inch bv ten-inch sign.
23 The posting shall contain the following language:
24 THIS PROPERTY IS MANAGED BY:
25 (Name of properlY management companv)
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1 TO REPORT PROBLEMS OR CONCERNS CALL:
2 (Telephone number of properlY management company)
3 The posting shall be placed on the interior of a window facing the street to the front of the property so it
4 is visible. or secured to the exterior of the building/structure facing the street to the front of the properlY
5 so it is visible or, if no such area exists, on a stake of sufficient size to SUPDort the posting in a location
6 as close as possible to the main door entrance of the properlY. Exterior posting shall be constructed of
7 and printed with weather-resistant materials.
8 (5) The local properlY management companv shall inspect the property on a bi-weeklv basis to ensure
9 that the properlY is in compliance with this section. Upon the request of the City. or its authorized
10 representative, the local properlY management companv shall provide a cOPv of the inspection reports to
II the Code Compliance Department.
12 (6) Failure of the mortgagee and/or properlY owner of record to properlv maintain the properlY may
13 result in a violation of this Code and issuance of a citation or notice of violation/notice of hearing by a
14 City Code Compliance Officer. Pursuant to a finding and determination by the City's Code Compliance
15 Board. the City may take the necessary action to ensure compliance with this section.
16 II) Opvosini!. obstructini! enforcement officer: venaltv. Whoever opposes. obstructs or resists anv City
17 officer or anv person authorized bv the City in the discharge of duties as provided in this section. upon
18 conviction shall be punished as provided in herein.
19 (m) Immunity of Code Comvliance Officer. Anv Code Compliance Officer or any person authorized
20 by the City to act pursuant to the City's Code of Ordinances. or state law. shall be immune from
21 prosecution, civil or criminal. for reasonable. good faith trespass upon real properlY while in the
22 discharge of duties imposed by this section.
23 (n) Additional authority. The City's Code Compliance Administrator, his/her designee. or the City's
24 authorized representative shall have authority to reauire the mortgagee and/or owner of record of anv
25 properlY affected by this section. to implement additional maintenance and/or security measures
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I including. but not limited to. securing any and all door, window or other openings. emplovment of an
2 on-site security guard. or other measures as may be reasonably required to help prevent further decline
3 of the property.
4 ( 0) Adoption of rules; exvenditure of fUnds; declaration of municival vurvose. The City Manager,
5 consistent with his/her duties and authorities under the City Charter. includinlJ; those duties and
6 authorities relating to emergency situations. is authorized and empowered to adopt rules and regulations
7 and expend City funds as mav be reasonably necessary and available to carry out the terms of this
8 section. the expenditure of such funds being declared a proper municipal purpose.
9 Section 3. Each and every other provision of the City of Boynton Beach Code of
10 Ordinances not herein specifically amended, shall remain in full force and effect as originally
11 adopted.
12 Section 4. All laws and ordinances applying to the City of Boynton Beach in
13 conflict with any provisions of this ordinance are hereby repealed.
14 Section 5. Should any section or provision of this Ordinance or any portion thereof
15 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
16 remainder of this Ordinance.
17 Section 6. Authority is hereby given to codify this Ordinance.
18 Section 7. This Ordinance shall become effective immediately.
19 FIRST READING this ~ day of ~, 2009.
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1 SECOND, FINAL READING AND PASSAGE this --.!.':L day of ~TeMbe.(' ,
2 2009.
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4 " CITY OF BOYNTON BEACH, FLORIDA
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