O80-31AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 5 BUILDING CODE OF THE ORDINANCES
OF SAID CHAPTER ENTITLED DEMOLITION OF
DILAPIDATED, UNFIT, UNSANITARY AND UNSAFE
BUILDINGS AND STRUCTURES BY PROVIDING A
PROCEDURE FOR THE DEMOLITION OF SUCH
BUILDINGS AND STRUCTURES; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVID-
ING A SAVINGS CLAUSE; AUTHORITY TO CODIFY;
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
NOW THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE CITY
COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Chapter 5, Building Code of the City of Boynto~
Beach, Florida, is hereby amended by the addition of Article II
entitled "Demolition of dilapidated, unfit, unsanitary and unsafe
buildings and structures." Said Article is hereby enacted and
reads as follows:
ArticleII. Demolition of Dilaoi'd~ted, unfit, Unsani
tary and Unsafe Build~in~s and' Structures.
Section 5-4. Purpose.
The regulations of this Article are in oursuance of
the authority granted by the Charter and Laws of the City to main-
tain the health and cleanliness of the City and to insure good
and safe conditions in private buildings and structures in the
City. This Article further allows for the common condemnation of
dilapidated, unfit, unsanitary and unsafe buildings and structures
within the City to insure the public health, welfare and safety,
Section 5-5. Sco__~_p_~.
Every building and structure within the City of
Boynton Beach, Florida, shall be subject to th~ provisions of
this chapter. ~ere a building or structure is found to be unfit
pursuant to 5-6 of this chapter, said building or structure may
be removed and demolished in accordance with the procedures set
forth in this Article, notwithstanding any other demolition pro-
cedures outlined in any other section of the City Code.
Section 5-6. ~idated,' Unfit, Unsanitary and Unsaf~
· Bu~d'ings· a~d~stru.ctur~es.
Any building or structure which has been determined by
the Building Official or his designated representative to be in any
of the following conditions shall be designated as an unfit buildin
and a nuisance and subject to demolition pursuant to this Article.
(a) If said building or structure has been determined
to be an unfit dwelling unit pursuant to the Housing Code of the
City.
(b) If said building or structure by reason of fire,
age, decay, deterioration, structural defects, improper design,
unstable foundation, termites, acts of God or other causes shall
be dangerous to the occupants thereof or to surrounding buildings
and occupants thereof, a menace to public health, a fire hazard,
or so unsafe as to endanger life or property or render the use of
public streets dangerous.
(c) If said building or atructure contains violation~
of the City Code or State Statutes which the City Building Official
determines shall cost more than 50 percent of the total value of
the building or structure, to rectify.
Section 5-7m DU'ties Of~ Building Official.
Upon determining that a building or structure is a
nuisance as laid out in Section 5-6, the Building Official may ord~
the vacation, demolition or removal of any dilapidated, unfit, un-
sanitary or unsafe building or structure, including accessory buil~
ing or may order 'the repair, restoration or replacement of any par
or parts of any such building or structure.
In those cases, where the cost of repairing, restor-
ing or replacing any such part or parts of such structure or build
ing shall exceed 50 percent of the dwelling or structure or the
necessary repairs shall take more than 60 days to complete, the
Building Official shall order the demolition of said property and
may not issue a building permit for the repair of said building
or structure without an order from the Building Board of Adjust-
ment Appeals after a proper appeal has been taken in accordance
with this Article.
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Section 5-8. Order and Notice of Condemnation Gert-
When the Building Official verifies the existence of ~
building or structure including accessory building which is unfit
or unsafe or which constitutes a nuisance as set out in Section 5-
it shall be his duty to determine the owner of record of the real
estate upon which, the building or structure, including accessory
building, is located and send him a Notice and Order of Condemnati¢
to such party. In addition, notice shall be given to the lessee
or occupants, if any, persons of record interest, including mort-
gagee, contract purchaser, agent with power of attorney, person
claiming an interest under lis pendens and the like.
Section 5-9~ Content's of NOt'ice Of Condemnation.
The notice and order of condemnation provided for by
Section 5-Sshall be in writing with an accurate description of thc
dwelling or structure, including accessory building, the street
address and the realty of which it is part, and shall in general
terms, deScribe the condition which brings the building or structu~
including accessory building, into violation of this Article and
shall st'ate what the Building Official orders to be done about the
condition and the date within which the work ordered to be complet~
This Notice and Order shall require the owner and other interested
parties within 30 days to obtain a permit and begin specified re-
pairs or improvements or begin to demolish and remove the build-
ing or structure or portion thereof. The work to be done shall
be completed within 30 more days or a total of 60 days. Any demo-
lition permit necessary as a result of any condemnation herein
shall not require a fee.
Section 5-10. Manner of Serving Not'iCe.
The Building Official or his designated representativ,
shall see to it that the Notice and Order of Condemnation provided
for by Section 5-8 is delivered to the interested parties as spell
out in Section 5-8, by personally delivering a copy thereof to the
party to be notified by leaving such copy at his usual ~lace of
abode with some person of the family above fifteen (.15) years of
age and informing such person of the contents thereof, or by eithe
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registered or certified United States mail with return receipt re-
quested or if the name of such party or his place of residence or
his post office address cannot be ascertained after diligent searct
in the event that the notice sent by either registered or certifiec
mail shall be returned undelivered and the person to be notified
is not residing within the City, by publishing a copy thereof two
times in a newspaper of general circulation within such City and
posting a notice on the property.
Section 5-11. Extens±on of Time to ~Comply with the
L'etter.
(a) If the interested parties to a Notice and Order
of Condemnation provided for by Section 5-8 of this Article shall
have obtained a building or demolition permit within the thirty
(30) day period and in good faith and in due time begin work to
Comply with. the Order, but it appears that they will not be able
to complete the work by ths date ordered, thsy may file a written
request stating the reasons that they have been Unable to complete
compliance and if reasonable grounds are shown therefor, the Build.
ing Official is authorized to issue an amended Order authorizing
not to exceed a 60-day extension of time in which to complete
compliance with. the ~original order.
(b) In exceptional cases the Board may further exten~
by reasonable time the 120 day maximum period allowed by the Build-
ing Official upon written request as merited by special hardship,
unusually difficult or unique problems.
Section 5-12. Appeals.
(a) Appeals may be taken by a person aggrieved by
any decision of the Building Official in the enforcement of this
Article to the Building Board of Adjustments and Appeals. Such
appeal shall be taken within thirty (30) days after the decision
is rendered by filing with the Building Official a Notice of
Appeal specifying the grounds thereof. The Building Official shal
forthwith, submit to the Board a copy of such Notice of Appeal, to-
gether with all the papers constituting the record upon which the
action appealed from is taken. Such appeal shall stay all proceed
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ings in furtherance of the action appealed from unless the Build-
ing Official certifies to the Board, subsequent to the filing of
any Notice of Appeal, that, by reason of the facts stated in the
certificate, a stay would cause imminent peril to health, life or
property. In such case, proceedings shall not be stayed otherwise
than by the order of any court of competent jurisdiction.
(b) The Building Official shall furnish upon request
to the Building Board of Adjustments and Appeals, copies of reportl
of any or all inspections made by such officers in the matter on
appeal and to furnish such other information as may be available
to him and requeSted by such Board.
(c) The Board shall fix a time and place for the
lng of appeals and such hearing shall be had within a reasonable
time after the filing of the Notice of Appeal. Notice of the time
and place of hearing shmll be sent by mail to the appellant or to
his attorney of record and such hearing shall not be less than ten
(10) days after the mailing of the Notice. The Board shall con-
duct a hearing and allow all interested parties to present any
relevant evidence and to cross-examine any witnesses against them
and all testimony before the Board shall be taken under oath.
Should any party desire a court reporter to be
present, they may supply one at their own cost.
(d) The Building Board of Adjustments and AppealS
shall have jurisdiction under this Article to hear and decide
appeals where it is. alleged that there is error in any order, re-
quirement, decision, or determination made by the Building Officia
in the enforcement of this Article.
(e) In exercising the above-mentioned powers, the
Board may reverse or affirm, wholly or partly, or may modify the
order, requirement, decision or determination appealed from, and
may make such order, requirements, decisions or determinations as,
in its judgment, are required. The Board shall act by majority
a quorum shall consist of at least three (3) members. The action
of the Board shall not become effective until after the
of the Board setting forth the full reason for its decision and
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the vote of each member participating therein has been spread upon
the minutes. Such resolutions, immediately following the Board's
final decision, shall be filed in the office of the Board and shall
Be open to p~blic inspection.
(f) When the findings of the Board sustained the Bui]
lng Official, the Board may set a new deadline for compliance by
repair or demolition.
(g) Having exhausted its administrative 'remedies
before the Building Board of Adjustments and Appeals, an appellant
may file a Petition of Certiorari within thirty (30) days from the
date of the Board's resolution or order.
Section 5-13~ Sam'e--A'ction by Cit~ On Failure to
EOmply.
In the event that the owner or other parties in in-
terest shall fail to comply with any order pursuant to Section 5-9
within the time therein fixed, the City, acting through its Build-
ing Official, is authorized to vacate~ demolish or remove, either
with city forces or by indePendent contractor, submitting the
lowest and best bid, any such dwelling or structure, including
accessory building. When the work is to be done by independent
contractor, sealed bids from at least three (3) licensed contracto~
possessing city licenses shall be necessary°
Section 5-14. Assessment of Cost of Demolition, etc.
Lien on Property~
(a) Upon expiration of the sixty (60) day appeal
period with no appeal having been taken, the Building Official,
after proceeding under this Article, shall report the abatement
of the nuisance by the City and the City Council~y assess the
entire cost of such vacation, demolition or removal azainst the
real property upon which such cost was incurred, which assessment,
including rodent extermination when employed, all administrative
costs, postal expense, newspaper publication and the like when
made constitutes a lien upon such property superior to all others
except taxes.
(b) The City Clerk, shall file such lien in the
County's Official Record Book showing the nature of such lien,
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the amount thereof and an accurate legal description of the pro-
p.~rty, including the street address, w
the date of filing and recite the name
or interested parties. Such municipal
from such date at the rate of ten (10)
individuals and fifteen (15) per cent
shall be enforceable if unsatisfied af
(2) years from the date of filing such
Section 5-15. Emergenc~
Tak.e,
(a) In cases where there
lic safety or general welfare or im
Dr safety of any person or where the p'
hurricane hazards, unleSs an unfit or
including accessory building, is immed
demolished or removed, the building of
facts to the Board of Building Adjustm
regular meeting or other meeting calle
nations. Upon a proper showing and co
Board may authorize the Building Offic
specific action at the exoiration of e
date of the Board's order~
(b) Public notice of the
only shall be given by posting a copy
good and sufficient notice of such hea
in City Hall for at least ten (10) day
to effect personal notice upon the ind
vent .the City from abating the public
lien on the realty as the proceedings
Section 5-16. Same-'-Rehe
Where the owner or other
appear at the emergency condemnation h
Section 5-15, such person who has not
Building Adjustments and Appeals may p
an emergency case.
hich lien shall date from
s of all persons notified
lien shall bear interest
per cent per annum for
for corporate owners and
ter the expiration of two
notice of lien.
~ondemnations--Authority to
~; Hemrilng.
is imminent peril to the
nediate danger to' the life
~blic is endangered by
~nsafe dwelling or structure
£ately repaired, vacated or
ficial shall report such
~nts and Appeals at its next
~ to hear emergency condem~
~sidering all evidence, th~
~al to take appropriate,
even (11) days fr'om the
hearing of emergency cases
~f the Board's agenda or a
~ing on the bulletin board
prior thereto. Failure
[vidual owner shall not pre-
~uisance and assessment of a
ire "in rem ~ '~'
~r ing Of' 'Case~
,arty in interest failed to
~aring orovided for in
~een heard by the Board of
~.tition for reh.earing of
Such aggrieved interested party may petition
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for rehearing within ten (10) days from the date of the Board's
order by filing an original petition with a cash bond of Five
Hundred Dollars ($500.00) with the City Clerk to indemnify the
City or person injured by the condemned property simultaneously
furnishing a copy of the petition to the Building OffiCial.
Section 5-17. NOtice of' Board's A'ction.
The minutes of the Board of Building Adjustments and
Appeals or its orders under Section 5-12, 5-15 and 5-16 shall be
posted on the bulletin board at the main entrance of the City
Hall. In addition, the Building Official shall advise the owner
or record ~itle holder of the Board's action by the most expedi-
tious means available, including telephone and telegraph where
urgent, or as otherwise set forth in Section 5-16; excluding,
however, notice by publication. Notwithstanding the failure of thl
owner to receive actual notice or failure of the Building Official
to serve notice of the Board's action, the notice given at the mair
.City Hall entrance shall be good notice to all the world.
Section 5-18. A'dm'in±~stra~tive
No officer, agent, employee or board member of the
City shall be held personally liable for any damage that may
accrue to persons or property as a result of any act required or
permitted in the discharge of his duties under this Article. Any
suit brought against any officer, agent, employee or board member
of the City as a result of any act required or permitted in the
discharge of his duties under this Article shall be defended by
the City Attorney until the final determination of the proceedings
therein.
Sec'ti'on 2. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion hereof, any paragraph, sentence or word
be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of
as a whOle or any part thereof other than the part to be declared
invalid.
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Section 4. Specific authority is hereby granted to
codify this ordinance.
.Section 5. This ordinance shall take effect on the tenth
day after its final passage.
FIRST READING this day of x~t~/
SECOND and FINAL READING this /A~Iday~of
-1980.
1980.
CITY OF BOYNTON BEACH, FLORIDA
By
Mayor
Vice q~a~6r
Cou~c~ 1 Member
/Council Member
ATTEST:
~ty Clerk
Corp.
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