O82-19AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2
ADMINISTRATION, ARTICLE V, CODE ENFORCEMENT
BOARD TO COMPLY WITH CHAPTER 82-37 OF THE LAWS
OF FLORIDA, BY A~NDING SECTION 2-74 TO PROVIDE
FOR A SEVEN (7) MEMBER CODE ENFORCEMENT BOARD
RATHER THAN SIX (6) AND REQUIRING TWO (2)
ALTERNATES; AMENDING SECTION 2-77 TO PROVIDE
THAT THE BOARD SHALL MEET AT LEAST EVERY TWO
(2) MONTHS AND TO PROVIDE AT LEAST FOUR (4)
MEMBERS OF THE ENFORCEMENT BOARD MUST VOTE FOR
ANY ACTION FOR IT TO BE OFFICIAL; A~ENDING
SECTION 2-79 TO PROVIDE FOR THE MAXIMUM FINE
TO BE TWO HUNDRED AND FIFTY DOLLARS ($250.00)
PER DAY RATHER THAN FIVEHUNDRED DOLLARS
($500.00) PER DAY AND TO ALLOW FOR ENFORCEMENT
BY ASSESSING LIENS AGAINST PROPERTY OTHER THAN
THAT PROPERTY ?~ICH THE VIOLATION OCCURS ON AS
WELL AS ENFORCEMENT AGAINST THE VIOLATOR EVEN
IF HE IS NOT THE OWNER OF THE LAND ON WHICH THE
VIOLATION OCCURS~ ENACTING SECTION 2-79.5 TO
DESCRIBE THE DURATION OF THE LIEN; AMENDING
SECTION 2-80 TO PROVIDE THAT THE METHOD OF REVIEW
OF THE BOARD~ ACTION SHALL BE BY APPEAL RATHER
THAN CERTIORARI; PROVIDING A REPEAL CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR
OTHER PURPOSES.
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BQYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That Chapter 2, Administrative, Article V, Code Enforcement
Board, Section 2-74 of the codified ordinance of the City of
Boynton Beach, is hereby ~mended, to read as follows:
Sec. 2-74. Creation, Appointment, organization of Board.
The city council shall appoint~a ~-membe~ seven-member
code enforcement board, along with 8~e-a½~e~a~e two alternates
and legal counsel for the board. The members shall have the
following qualifications and terms of office:
a) Members of the enforcement board shall be residents of
the city. Appointments shall be made by the city
council on the basis of experience or interest in the
fields of zoning and building control. The membership
of the enforcement board shall whenever possible be as
follows:
(1) An architect.
(2) A businessperson.
(3) An engineer.
(4) A general contractor.
(5) A subcontractor.
(6) A realtor.
b)
c)
In order that terms of office of all members will not
expire at the same time, the initial appointments to
the enforcement board shall be as follows:
Two (2~ members and the one alternate shall be appointed
for a term of one year.
Two (2) members shall be appointed for a term of two
years.
Two (2) members shall be appointed for a term of three
years.
The seventh (7) reqular member'of the Board appointed
when the number of Board members was raised from si×
shall at the time of his appointment serve for a period
of three years and the second alternate's original term
shall be for a period of two years.
Thereafter, all appointments and terms shall be for a
term of three (3) years. Any member may be reappointed
from term to term upon approval of the city council.
Appointments to fill any vacancy on the enforcement
board shall be for the remainder of the unexpired term
of office. Any member who fails to attend two (2) out
of three (3) successive meetings without cause and with-
out prior approval of the chairman shall automatically
forfeit his appointment and the city council shall
promptly fill such vacancy. The members shall'serve at
the pleasure of the citY council and may be removed as
provided in the city code of Ordinances for removal of
members of the planning and zoning board.
The members of the enforcement board shall elect a
chairman. The presence of four' (4) or more members
shall constitute a quorum of the enforcement board.
Members shall serve without compensation, but may be
reimbursed for such travel expenses, mileage expenses,
and per diem expenses as may be authorized by city
council.
d) The board attorney shall either be counsel to the
enforcement board or shall represent the city by
presenting cases before the board.
e) The alternate member~ of the board may attend all
meetings of the board but shall act only in the absence,
disability or disqualification of a regular member there-
of. When an alternate members acts, the minutes of the
meeting shall reflect the absent, disabled or dis-
qualified member in whose place and stead the alternate
is acting. (Ord. No. 79-28, § 4, 9-18-79; Ord. 79-35,
~ 1, 11-21-79; Ord. No. 80-38, ~ 2, 9-2-80)
Section 2.
That Chapter 2, Administration, Article V, Code Enforcement
Board, Section 2-77, is hereby amended to read as follows:
Sec. 2-77. Conduct of hearing.
(a) The chairman of the enforcement board may call hearings
of the enforcement board and hearings may also be
called by written notice signed by at least three (3)
members of the enforcement board. The enforcement
board at any hearings may set a future hearing date.
The enforcement board shs~ a~emp% ~ shall convene
no less frequently than once every two (2) months, but
may meet more or less often as the demand necessitates.
Minutes shall be kept of all hearings by the enforce-
ment board and all hearings shall be open to the public
The City Clerk shall provide clerical and administrativ4
personnel as may be reasonably required by the
enforcement board for the proper performance of its
duties.
(b) Each case before the enforcement board shall be
presented by either the board attorney or by a member
of the building department administrative staff.
(c) The enforcement board shall proceed to hear the cases
on the agenda for that day. All testimony shall be
under oath and shall be recorded. The enforcement
board shall take testimony from the code inspector
and alleged violator. Formal rules of evidence shall
not apply, however, fundamental due process shall be
observed and govern said proceedings.
(d) At the hearing the burden of proof shall be upon the
administrative official to show by a preponderance of
the evidence tha~ a violation does exist. Assuming
proper notice of the hearing has been provided to the
respondent, a hearing may proceed in the absence of
the respondent.
(e) At the conclusion of the hearing the enforcement board
shall issue findings of fact and conclusions of law
and shall issue an order affording the proper relief
consistent with powers granted herein. The findings
shall be by motion approved by a majority of those
present and voting, except that at least
four (4) members of the enforcement board must vote
for the action to be official. (Ord. No. 79-28,
~ 6, 9-18-79; Ord. No. 79-35, ~ 1, 11-21-79).
Section 3.
That Chapter 2, Administration, Article V, Code Enforcement
Board, Section 2-79, of the codified ordinance of the City of
Boynton Beach is hereby amended, to read as follows:
Sec. 2-79. Fine.
The enforcement board, upon notification by the code
inspector that a previous order of the enforcement board has not
been complied with by the set time, may order the violator to
pay a fine not to exceed ~ve-h~e~-~o½~a~s-~80~88~ two
hundred and fifty dollars ($250.00) per day the violation
continues past the date set for compliance. A certified copy
of an order imposing a fine may be recorded in the public records
and thereafter shall constitute a lien against the land on which
the violation exists~ or, if the violator does not own the land,
upon any other real or personal property owned by the violator
£
and may be enforced in the same manner as a court ~judqment by
the sheriffs of this state, including levy against the personal
property, but shall not be deemed otherwise to be a judgmen~
of a court except for enforcement purposes. After one year from
the filing of any such lien which remains unpaid, the enforcementl
board may .authorize the board attorney to foreclose on the lien.
(Ord. No. 79-28, ~ 8, 9-18-79).
Section 4.
That Chapter 2, Administration, Article V, Code
Enforcement Board, of the codified ordinance of the City of
Boynton Beach is hereby amended by the enactment of Section
2-79.5 which shall read as follows:
Section 2-79.5 Duration of Lien
No lien enacted pursuaDt to this section shall continue
for a longer period than two years after the certified copy of
an order imposing a fine has been recorded. Unless within tha~.
time an action for close on a lien is commenced in Court oF
competent j.urisdiction. The continuance of the lien effected
by the commencement of the action shall not be good against
creditors or subsequent purchasers, valuable consideration
without notice, unless the notice of lis pendens is recorded.
Section 5.
That Chapter 2, Article V, Code Enforcement Board, Section
2-80 of the codified ordinance of the City of Boynton Beach,
Florida is hereby amended to read as follows:
Section 2-80. Appeal
An aggrieved party may appeal a ~½~g-8~-~e~ final
administrative order of the enforcement board to the BM
ee~a~ ~ Circuit Court of Palm Beach County. An appeal
shall be filed within thirty (30) days of the execution of the
order to be appealed. (Ord. No. 79-28, ~ 9, 9-18-79).
Section 6.
All ordinances or parts, of ordinances in conflict herewith,
are hereby repealed.
Section 7.
That should any section or provision of this ordinance or
portion thereof be declared by a court of competent jurisdiction
to be invalid such decision shall not affect the remainder of
this ordinance.
Section 8.
Authority is hereby granted to codify the provisions of
this ordinance.
Section 9.
This ordinance shall become effective immediately upon its
passage but no sooner than July 1, 1982.
FIRST READING this c~d-~ day of ~ , 1982.
h f¥
SECOND
FINAL PASSAGE t -~ day of
READING AND
ATTEST:
ity Cler~ ~~-~'
(Corp. Seal)
1982 REGULAR SESSION Ch. 82-37
the ~nforcement.board may authorize the local governing body
-e&~y attorney to foreclose on the lien.
Section 9. Section 166.060, Florida Statutes,~is
created to read:
166.060 Duration of lien.--No lien provided by the
Local Government Code Enforcement Boards Act shall continue
for a longer period than.2 years after-the certified copy of
an order imposing a fine 'has been recorded, unless within that
time an action to foreclose on the lien is commenced in a
court of competent jurisdiction. ~ne continuation of the~lien
effected by the commencement, of the 'action shall not be
- against creditors or subsequent purchasers for valuable
consideration without notice, unless, a .no~ice of lis pendens
is recorded... ' '' ~
"Section 10. SectiOn. 166.061, Florida Statutes,~"~s
· amended to read:
166.061 Appeals.-~An aggrieved party, including the
local governing body,, may appeal a final administrative
e~ order of:the enforcement board to the by ee-~{~e~a~ ~
circuit court. An appeal shall be filed-within 30 days of the.
e~ecution of the order to be appealed.
Section 11.' Section 166. 063, ~ Florida Statutes,/X is
cre~ted to read:_ ---
166. 063 . Provisions of act supplemental.--Nothing
contained in ss. 166--051L166'062 shall prohibit a local
governing body from enforcing /ts codes by any other means.
It is the legislative intent of ss. 166.051-166.062 to provide
Tentatively renumbered as 162.10.
· e Tent~iively renumbered as 162.11.
· l Tentatively renumberecl as 162.1~.
Additions in text indicated by-underline; deletions-by ~
Ch. 82-36
1982 REGULAR SESSION
subject to the approval of the Federal Highway Administrati,on
of the United States Department of Transportation.
Section 3. Subsection (7) is added to section 337.28,
Florida Statutes, to read:
337.28 Rights-of-way furnished by counties; eminemt
domain; contracts with department; bond.--
(7) Any property which was'accruired by a county-for
rights-of-way for roads on the state highway~or-state park
road system and which is:-no longer used or needed by the
department may be conveyed without consideration'to that'
county. The county may then sell such surplus property upon
· receipt~of competitive bids in the same manner prescribed for
the deoartment in s.. 337.25(2).
Section 4. This act shall take effect upon becoming
law.~
Approved by the Governor March-].7, 1982.
Filed in Office Secretary Qf State March 17, ~9~2.
LOCAL GOVERNMENT CODE ENFORCEMENT ~BOARDS 'ACT
CHAPTER 82-37
COMMITTEE SUBSTITUTE ,FOR HOUSE BILL NO. 421
An act relating to local code enforcement
boards; amending ss. 26.012(1), 166.051-
166.055, 166.057-166.061, Florida Statutesi-
Creating s~f:16$.O60~and 166.063,-'Florida -
Statutes; authorizing Counties to create-code.
enforcement boards: providing a short title;
providing intent; providing applicability;
Additions in text indicateal.by underline; deletions by ~[r~.k=~'J[=
218
1982 REGULAR SESSION
providing definitions; increasing membership of
the code enforcement boards;~pr6vi~ing for . . .
membership and organization of.boards~ limiting
reappointment Of members; providing hearing .~ .:_.
procedures; providing,powers of boards; ~ :~
providing for fines and liens; reducing maximum
fine; providing for liens against real and
personal property of violator other than
property where violation occurred-under
specified circumstances; providing for appeals
to the circuit court; providing that provisions
of act are supplemental; providing an effective
date.
Ch. 82-37
Be It Enacte_d by the Legislature of _the State 'of Florida:
Section 1. Section 166.051, Florida Statutes,l~s
amended.to read:
~
166.051 Short title.-~Se~tions 166.051-166.063~=~R
s~a½~ ~e k~ew~ a~ may.be cited as the "Local Gover. nment
M~e~pa½ Code~Enforcement Boards Act."
Sec.tion 2.. Section 166.052, Florida Statutes.2'is
amended to read:
t66.O52 'Intent.--It is ~he intent of this act to
promote, protect, and improve the health, safe~y, and welfare~~.
of the citizens of the counties and municipalities of this
state by autho=izin~ the creation of administrative boards to
provide l~e¥~d~§ an equitable, expeditious, effective, and
~ Tentatively renumhered ~s 162.01. -
2 Tentatively renumbered as 152.~2.
Add~%~ons ~ ~ex~ ~d~ca%ed
219
Ch. ,82-37 1982 REGULAR SESSION
inexpensive method of enforcing the ve~e~$ eee~pat~eme~
~ee~se7 ~e7 ~½~§7 ~e~§7 s~7 a~ ~e~ete~ technical
codes in force in counties and-municipalities, including, ~ut
not limited to,-occupational license, fire, building, zoningr
and si~n codes.
Section 3. section 166-O53, Florida Statutes?is
amended to read:
166.053 ApPlicability.-='
(1) ~Ais set s~a~ apply %e the &~ee~pe~a~e~ 'areas
eveey mam~e~pa&~ey &m t~s eeaee=. Each county 'or municipality
may, at its option, create or abolish by Ordinance a Local
Government CodeEnforcement.Bo~rd as provided herein.
(2) Charter counties may, by c~unty ordinance, be
exempted from the provisions of t~hisact.
Section 4. Section ~66.054, Florida Statutes/is
amended to read: -
166.654 Definitions.--
(1) "Local governing body"'means the governinc body of
the 'county-or munic~palit¥,:'however ~esignated: salty ee~me&Aa
~2) "Code inspector"'means any' authorized'agent or
employee of the county'$r municipalitYwhose duty it is to
assure code compliance
(3)~'"Local governing body ~&ey attorney" means the
legal'~ounselor for the':county or municipality.
'(4)--"Enforcement board" means the Local Government
Code Enforcement B0ard:
Tentatively renumbered as 162.03.
Tentatively renumbered as 162.04.
Additions in text-in dicated by _underline; -deletions by .......... ~,.:b.~..,s
Section 5.
a~ended to read:
-1982 REGULAR SESSION Ch..82-37
Section 166.055, Florida Statutes Pis
166.055 M~m~efpa~ ee~e Enforcement board;
organization.--
(1) The local governing body e~y ee~me~ may appoint
a seven-member s~-mem~e~ code enforcement board and legal
counsel for the enforcement board. Members of the enforcement
board shall be residents of the municipality.in the case of a
municipal board or residents of the county in the case of ~
sounty board. Appointments shall be made in accordance with
applicable l~w'and ordinances ~e e~y e~a~e~ on the basis of
experience or-interest in the fields of zoning and building
control. The' membership of the enforcement. bbard shall,
wheneve= possible, include eeas~s~-e6 anarchitect, a
businessman, an engineer, a general~contractor; a
subcontractor, and a realtor.'
(2) The initial appointments to the enforcementboard
shall' be as follows: ~
-(a)- Two members appointed for a term of .1 year.
(b) Three ~we' members appointed for a term of 2 years.
(c) Two members appointed for a term of S years~
Thereafter, all-app0intments.shall be mede"lot's term Of-S
years.~ ~ Amy'm~mb~r may be reappointed ~or one successive
~em ~e~m %e t~rm upon apPr6vai of'theiocal~overning body
e~ey ee~m~&~.~ Appointments to fill any vacancy on the
enforcement board shall be~for'the remainder of-the unexpired
term of office. If_ any member w~e"rfails to attend two'of
Tent~tively renumbered ~$ ~$2.05. . . . ~ . . .
Additions 'in'text indicated by. underline; deletions by
Ch. 82-37 1982 REGULAR SESSION
three successive meetings without cause and without prior
approval of the chairman~ the board shall declare the member's
office vacant sha~ a~ema~ea~y ~e~e~ h~s ap~e~me~, and
the local governing body e~y ee~me~ shall promptly fill such
vacancy. The members shall serve in accordance with
ordinances of the local governing body the e~y eha~eee and
may be suspended and removed for cause as provided in such
e~ey ee~e e~ ordinances-for removal of members of e~.~y.boards.
(3) The members of the enforcement board shall elect a
chairman from among its members. The presence of four. or more
members shall constitute a quorum of the enfDrcement board.
Members shall serve without compensation, but may be
reimbursed for such travel,-mileage, and per 'diem expenses as
may be authorized~by the ,local governing body or. as otherwise
provided by law~e~y-ee~e~
(4) The local governing ~ody~e~ att0rn~y shall
either be counsel ~o the'code enforcement board or shall
represent the muhicipality or county e&ey by presenting cases
before the board~? .. but. in no case shall the local governing
body e~ey~attorney serve in' both capacities.
Section 6. ~SectioD 166.057, Florida~tatutes~ ~.s
amended to read:
166.~0 7. Conduct of,hear, ing.-- -~ ,,_ ' r~ -~
(1) _-The chairman of the enforcement board may call
hearings, of the enforcement-board; hearings may also be called
by written notice .signed bY at least three mgm~ ers of ~the
enforcement board. -At:any hearing_the enforcement board may
set a future hearing dat~. The.enforcement board shall
6 Tentatively renumbered as 162.07.
:-Additions in text indicated byunderline; ~.de!etipns by
~1982 REGULAR SESSION Ch. 82-37
--a~tempt to convene no less frequently than once every 2
~onths, but it may meet more or less often as the demand
necessitates. Minutes~shall,,be kept of all hearings by the
enforcement board, and all hearings and Droceedings shall be
open to the public. The local governing body
shall provide clerical and administrative .personnel as may be
reasonably, required by the enforcement board 'for the proper
performance of its duties.
(2) Each case before the enforcement board shall be
presented by the local governing body e~ey attorney or by a
member of the administrative staff of the local governing body
(3) The eD~orcement board shall proceed to hear the
cases on,the agenda for that day. All tesei~ony sha!i be
under oath and shall'be recorded. ~e enforcement board shall
take t~stimony from the code inspector and all~ged vkolator..
Formal rules or'evidence shall not ~ppty, but fundamental due~
process shall be-observed an~ shall govern said proceedings.
(4) At the conclusion of the hearing, the enforcement
board shall issue findings of fact. based on evidence of
record, and conclusions of law'and shall issue an orde~
affording the proper relief consistent with powers granted.-
herein. T~e finding' ~ha'l~ he'by m0tio~-'~provedby a majority
of th-o~e pres~n%~ and vo%in~,~x~ept that'~'~i~ast fod~ ~h~ee
members Of the enforcement board taus{ vote-in-%rd~r for the
Section ?. Section 266.058, Florida S~a~kes,
amended to read:
? Ten~vel~ renumbe~ as 26~.08.
' =Additions .in text indicated by underline; deletions by
.;Ch. 82:37
1982 REGULAR SESSION
I$6.058 Powers of the enforcement board.--The
enforcement board shall have 'the power to:
(1) Adopt rules for t,he conduct of its hearings.
(2)
hearings. Subpoenas'may be served by the sheriff'of'the
county Or police department of the municipality.
(3) Subpoena evidence.
(4) Take testimony under oath.
(5) I~sue orders havimg the force ~f~law commaDding
-whatever steps are necessary to'bring a violation into
compliance.
Subpoena alleged violators and witnesses'to its
Section 8.
amended to read:
Section 166.059, Florida Statutes,Sis
166.059 Administrative fines; liens.--The enforcement
board, upon hotification by the code inspector that a prev. ious
order of.the enforcement board-has not been go~nplied with by
the set time, may order the violator to pay a fine not to
exceed $250 ~ for each day the violation continues past t~e'
date set for compliance. A certified copy of an order
'imposing a 'fine may be recorded in the public records and
thereafter shall constitute a lien against the land on which
the violation exists 'or, if the violator does not own the
-land, upon any other' re~l or personal property owned by the
violator and may be enforced in the same manner as a court .
judgment by the sheriffs of this state, including levy against
the personal property, but shall not be deemed otherwise to be
a judgment of a court except for enforcement purposes. After
1 year from the filing of any such lien which remains unpaid,
Tentatively renumbered as 162.09.
-Additions:in text indicated by underline; deletions by --+-:Lkcc'_'t=
Ch. ~82-37 19s2 REGULAR SESSION
an additional or supplemental means of obtaininq 'compliance
with local, codes.
Section 12. Subsection (1) of section 26.012, Florida
Statutes, is amended to read:
26.012 'Jurisdiction of circuit court.--
.(1) 'Circuit courts shall have jurisdiction of. appeals
from county-courts-except .appeals of county court orders or
judgments declaring invalid a state statute orca provision of
the State Constitution. Circuit cour=s shall have
jurisdiction of appeals from final administrative orders of
local government~code enforcement boards
Section 13. ~nis act shal!..take effect July:l~ 1982.
Approved by the Governor March 17, 1982,
Filed in Office Secretary of State March 17, 1982.
ESTATE TAXES
CHAPTER 82-38
HOUSE BILL' NO. 424'-: ' .' . .- .
An act relating to probate and the '~- '
'adminiStration of estates and fil~n~ of tax
claims by the Department of Revenue; amending
· s. 198.35, Florida Statutes, deleting ~eference
to a date with respec~ to estate and
'inheritance tax laws to conform'Florida"~taw to
the most recent changes mn the United States
Internal Revenue Code; amending s.--'731.111'(2)~
F10ri~a Statutes, Providing for filin~-of a
claim by the Department of Revenue within 30
days after the filing of an amended inventory;
.... Additions in text indicated by underline; deletions by =tr~kcc'_'*_=