O80-27ORD=N NC , NO. 80 Z?
ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMEND-
ING CHAPTER 13 (GARBAGE, TRASH AND WEEDS)
AMENDING SECTION 13-18, REPE~LING SECTION
13-19 AND REPLACING IT WITH A NEW SECTION
13~19, REPEALING SECTION 13-20, REPEALING
AND REPLACING SECTION 13-21, ADDING A NEW
SECTION 13-21.5, REPEALING' SECTIONS 13-22,
13-23, 13-24 AND 13-25, TRANSFERRING THE
PRESENT SECTION 13-26 TO SECTION 13-22
AND PROVIDING FOR A NEW SECTION 13-23 AND
13-24 OF THE CITY CODE OF THE CITY OF
BOYNTON BEACH, FLORIDA BY DECLARING THAT
ACCESSIVE GROWTH OF GRASS AND VEGETATION
WITHIN THE. CITY OF BOYNTON BEACH TO BE A
NUISANCE, PROVIDING THAT MAINTENANCE OF
SUCH NUISANCES IS UNLAWFUL, PROVIDING FOR
ABATEMENT PROCEDURE, ASSESSING COST OF
ABATEMENT AND LIEN PROCEDURES, PROVIDING
FOR APPEAL TO THE CITY COUNCIL; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; PRO-
VIDING 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 13, (Garbage, Trash and Weeds) of the
Code of the City of Boynton Beach Section 13-18 is hereby amended
to read as follows:
Sec. 13-18. Lands to be kept free from trash
or filth.
The owners of lands within the city shall keep
the same free from any accumulation of trash
or filth, broken tree limbs or brances, un-
contained garbage or refuse, any containers
or manerials which could hold or conceal pools
of water, other matter which may cause disease
or affect the health of the inhabitants of the
city, and the owners of said lands shall keep
down, by cutting or mowing and removing same,
all excessive growth of weeds, grass, vegetation
or other noxious plants which may harbor rodents,
vermin, snakes or noxious insects. The existence
of any of the conditions enumerated in this
paragraph is hereby declared to be a nuisance.
Section 2. Chapter 13 (Garbage, Trash and Weeds)
Section 13-19 of the Code of the City of Boynton Beach is hereby
repealed and replaced with a new Section 13-19 which is hereby
enacted and shall read as follows:
Sec. 13-19.
Designation of Enforcement
Officer; Powers and Duties;
Abatement of Nuisances Generally;
Penalty.
(a)
The City Manager or his designated
representative shall, as often as may
be necessary, inspect lands within the
City to discover nuisances that exist
within the City.
(b)
If the City Manager or 'his designated
representative shall determine t-hat a
nuisance exists on any land w~.~h .tk~z
city, he shall forthwith notify the
person designated as the owner of the
property on the Public Records of the
county of such nuisance and direct him
to abate the nuisance within thirty (30)
days of such notice. Such notice shall
be considered effective upon execution
of return receipt indicating that such
notice by mail has been accepted at such
person's address or by posting a copy
of such notice on the property determined
to be such a nuisance.
(c)
(d)
Unless within such thirty (.30) day.period
the owner shall abate the nuisance or file
and appeal to the city council in the manner
provided in this chapter, the City Manager
or his designated representative shall
cause the nuisance to be abated by the city
employees, servants, agents or contractors,
and shall be authorized to enter upon the
property and take such steps as are reason-
ably required to effect abatement. There-
after, the City Manager shall report the
cost of abatement to the City Council and
the City Council shall by resolution pro-
v~de that the cost of abatement including
all administrative, legal and other
reasonable charges incurred as a result
of abating such nuisance is a lien against
the property on which the nuisance is abated
of equal dignity with the taxes for the
year in which such expenditure was incurred.
In addition, any person who, after proper
notice shall fail to abate such nuisance,
within the time provided in this Chapter,
shall upon conviction thereof ~e punish-
able by up to 60 days in jail and/or a
fine of up to $500.
Section 3. Chapter 13 (Garbage, Trash and Weeds)
Section 13-20 of the Code of the City of Boynton Beach, Florida
is hereby repealed.
Section 4. Chapter 13 (Garbage, Trash and Weeds)
Section 13-21 of the Code of the City of Boynton Beach, Florida
is hereby repealed~and a new Section 13-21 is hereby enacted to
read as follows:
Section 13-21. Notice to Owner to Abate
Nuisance; Form.
The notice provided for in Section 13-19
shall be in substantially the following
form:
"NOTICE"
TO:
ADDRESS:
PROPERTY:
DATE
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"You, as the owner of the above described
property, are hereby notified that it has
been determined by the City of Boynton Beach
City Manager or designated representative
that the following condition, constituting
a nuisance, exists on such property:
(describe nuisance)
unless within thirty (30) days from the
date hereof, you abate such nuisance, or
file appeal to the City Council in the
manner provided in Section 13-21.5 of
the City Code, the City will abate the
nuisance and thereafter the cost of abating
such nuisance including administrative
costs shall be an assessment and a lien
against the property in question.
City Manager or Designated Representative"
Section 5. Chapter 13 (Garbage, Trash and Weeds) is
hereby amended by the addition of a Section 13-21.5 which shall
read as follows:
Section 13-21.5. Appeal to Council.
(a)
Within thirty (30) days from the notice
provided in Sections 13-19 and 13-21 of the
City Code, the owner of the property described
in such notice may appeal from the decision
of the City Manager or his designated repre-
sentative by filing in the Office of the
City Manager, his Notice of Appeal to the
City Council.
(b)
(c)
(d)
The City Manager shall plac~ the appeal
on the agenda for a hearing at a regular City
Council meeting and notify the owner by mail
of the data, time and place of such hearing.
At such hearing the owner may introduce
any relevant evidence to show why the
determination that a nuisance exists should
be reversed or modified. The City Manager
may introduce any relevant evidence he may
have in support of his conclusions.
The City. Council shall, as soon after such
hearing as possible, render the decision
in the form of a resolution reversing or
modifying the findings of the City Manager
or affirming his findings and directing that
they abate the nuisance and providing the
cost of abatement including all administrative,
legal and other reasonable charges incurred
as a result of abating such nuisance may be
assessed as a lien against the property in the
manner provided in Settion 13-19.
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Section 6. Chapter 13 (Garbage, Trash and Weeds)
Sections 13-22, 13-23, 13-24 and i3-25 of the City Code of the
City of Boynton Beach are hereby repealed.
Section 7. Chapter 13 (Garbage, Trash and Weeds),
is hereby amended by transferring Section 13-26 of the City Code
of the City 'of Boynton Beach to Section 13-22 which shall read
as follows:
Section 13-22. Same--Enforcement of Assessments.
The assessments provided for in this Chapter
together with the interest shall be
enforceable by the City as provided by the
general laws of the State.
Section 8. Chapter 13 (Garbage, Trash and Weeds),
of the City Code of the City of Boynton Beach is hereby amended
by providing for a new Section 13-23 of said Code which shall read
as follows:
Section 13-23. Recording of Resolution Assessing
Liens; Notice to Owner.
As soon as possible~after the adoption of the
resolution assessing a lien under Section 13.19
or Sectional3-21.5, the City Clerk shall record
a certified copy of such resolution in the
office of the Clerk of the Circuit Court in
and for Palm Beach County. The City Clerk
shall ma~l a copy of such resolution to the
o~ner of each of the parcels of land described
in the resolution at the last available address
for such owner.
Section 9. Chapter 13 ('Garbage, Trash and Weeds),
of the City Code of the City of Boynton Beach is hereby amended
to provide for a new Section 13-24 which is hereby enacted and
shall read as follows:
Section 13-24.
~ayment of Assessment; Accumulation
of Interest Upon the Passage of the
Resolution Provided for in Section 13-19.
The assessment of cost under such resolution
shall become effective as a lien against the
property described in such resolution and shall
remain a legal, valid and binding lien against
such property until paid. Such assessment shall
be payable at once upon adoption of the resolution
and shall draw interest from the date at the rate
of six (6) percent per annum until fully paid.
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Section 10. Ail ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 11. Should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence
or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this
or din an ce.
Section 12.
ance is hereby granted.
Section 13.
10 days after final passage.
That authority to codify this ordin-
This ordinance shall become effective
First reading this /~'day of ~
Second, final reading and passage this
, 1980.
CITY OF BOYNTON BEACH, FLORIDA
1980.
day
By:
Mayor
Vice Mayor
ATTEST:
City Clerk
(Corp. Seal)
C Member
Council Member
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