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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'_'*_=