O01-07ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE
OF ORDINANCES, ARTICLE 5, "CODE COMPLIANCE
BOARD", SECTION 2-90 "FINAL ORDERS ISSUED IN
LIEN MODIFICATION HEARINGS" TO PROVIDE FOR
REVIEW AND FINALITY OF LIEN MODIFICATION
ORDERS ISSUED BY THE CODE COMPLIANCE
BOARD; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the City Administration has recommended an amendment to
Chapter 2 "Administration", Article V, section 2-90 of the City Code of Ordinances to
ensure efficiency and finality of code compliance lien modification proceedings;
WHEREAS, the City Commission of the City of Boynton Beach has deemed it
to be in the best interests of the citizens and residents of the City of Boynton Beach
to amend Chapter 2, Article V, section 2-90 of the Code to provide efficiency and
finality in lien modification proceedings.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now
ratified and confirmed by the City Commission.
Section 2. That Chapter 2, Article V, section 2-90 is hereby amended by
adding the words and figures in underlined type, as follows:
Section 2-90. Final orders issued in lien modification hearings.
[Final orders shall be issued in lien modification hearings in
accordance with the following procedure:]
(1) The Code Compliance Bboard shall issue its recomme,-,d~tion order in
lien modification hearinqs +,-, t~ ,-;* ...... ;oo;
....... , ............ on in writinq in a form
approved by the City Attorney. Immediately followinq rendition of lien
modification order, the City Clerk shall furnish a copy of the order along with
minutes of the Code Compliance Board's meetinq to the City Commission
(2) Lien modification order issued by the Code Compliance Board shall be
final unless a City commissioner or an aggrieved party takes exception to the
final order within seven (7) days of rendition of the order.
review of Code Compliance Board's order by notifying the City Manaqer or
his/her desiqnee of the intent to do so. If review of a Code Compliance
Board's order is requested, the City Commission shall review the order of the
Board within thirty (30) days of the request for review. On review, the City
Commission may hear the position of the property owner, acCode
e_Compliance l~Board representative, or may rely upon the minutes of the
eCode eCompliance ~aBoard proceeding regarding the propriety of the lien
modification.
(~(4) The eCity eCommission shall make one of the following rulings:
a. AeC. Affirm the eCode eCompliance iaBoard's recommendation
final Board order in full.
b. Reje~ Over-rule the eCode eCompliance ~aBoard's
recommendation final order in full.
c. Modify the eCode eCompliance ~aBoard's recommendation final
order.
(4-)L~) The eCommission shall direct the administration to take action
consistent with the acceptance, rejection, or modification of the Code
Compliance Board order.
Section 3. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the remainder of this Ordinance.
Section 4. Authority is hereby given to codify this Ordinance.
Section 5. This Ordinance shall become effective immediately.
FIRST READING this ,~, day of
SECOND, FINAL READING AND PASSAGE this l4p_ day of
January, 2001.
C =r
Missione
. ...........
Commissioner
ATTEST:
Commissioner