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O79-28ORDINANCE 7 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA CREATING A CODES ENFORCEMENT BOARD; PROVIDING FOR LEGISLATIVE INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR DEFINITIONS: PROVIDING FOR ORGANIZATION; PROVIDING FOR ENFORCE- MENT PROCEDURES; PROVIDING FOR HEARING; PROVIDING FOR POWERS; PROVIDING FOR FINES; PROVIDING FOR APPEAL; PROVIDING A.SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the "Palm Beach County Municipal Code Enforcement Board Act" of 1979 each municipality in Palm Beach County may, at its option, create by ordinance a Code Enforcement Board, and WHEREAS, the City Council of the City of Boynton Beach, Florida to promote, protect and improve the health, safety and welfare of the citizens of the City of Boynton Beach hereby creates and establishes a Code Enforcement Board to provide an equitable, expeditious, effective and inexpensive method of enforcing the hereinafterldescribed codes of the City of Boynton Beach, Florida; NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: Declaration of Legislative Intent: It is the intent of this ordinance to promote, protect and improve the health, safety and welfare of the citizens of the City of Boynton Beach, Florida, by providing an equitable, expeditious, effective and inexpensive method of enforcing the hereinafter described codes of the City of Boynton Beach, Florida. Section 2: Applicability: The Code Enforcement Board shall enforce and have jurisdiction of the following codes: Building Codes - Chapter 5, Occupational License Codes - Chapter 15, Fire Codes - Chapter 12, Zoning Codes - Chapter 31, Sign Co'des - Chapter 24, and related technical codes in force in the city of Boynton Beach. Section 3: Definitions: Page 1 of 6 A. City Council - The legislatiVe body of the city of Boynton Beach, Florida. B. Code Inspector - Those authorized agents o~ empl~oyees of the City of Boynton Beach, Florida of whose duty it is to insure code compliance. C. Board Attorney - The City Attorney or designated Board Attorney of the City of Boynton Beach, Florida. D. Enforcement Board - The Code Enforcement Board. Section 4: Enforcement Board; Organization: The City Council shall appoint a five (5) member Code Enforcement Board 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 of Boynton Beach, Florida. Appointments shall be made by the City Council on the basis of exper.hence 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 Businessman. 3. An Engineer. 4. A General Contractor 5. A Realtor. B. In order that terms of office of all members will not expire at the same time, the initial appointments to the Enforce- ment Board shall be as follows: One (1) member shall be appointed for a term of one (1) year. years. years. Two (2) members shall be appointed for a term of two (2) Two (2) members shall be appointed for a term of three (3) three (3) years. Thereafter, all appointments shall be made for a term of Any member may be reappointed from term to term Page 2 of 6 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 without 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 Boynton Beach City Code of Ordinances for removal of members of the Planning and Zoning Board. C. The members of the Enforcement Board shall elect a Chairman. The presence of three (3) or more members shall constitute a quorum of the Enforcement Board. Members shall 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 of Boynton Beach by presenting cases before the Board. Section 5: Enforcement Procedure: A. It shall be the duty of the Code Inspector to initiate enforcement proceedings of the various codes. B. If a violation of the codes is found, the Code Inspector shall notify the violator, unless paragraph C of this section applies, and give said violator a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the Code Inspector shall notify the Enforcement Board and request a hearing pursuant to the procedure in Section 7. Written notice shall be mailed to said violator as provided herein. C. If the Code Inspector has reason to believe a violation presents a serious threat to the public health, safety and welfare, the Code Inspector may proceed directly to the Page 3 of 6 procedure in Section 6 without: notifying said violator. Section .4.: Conduct of ~earing: 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 hearing may set a future hearing date. The Enforcement Board should attempt to 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 Enforcement Board and all hearings shall be open to the public. The City Clerk shall provide clerical and administrative personnel as may be reason- ably 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. Ail testimony shall be under oath and shall be recorded. The Enforcement Board shall take testi- mony 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 conclusion of the hearing the Enforcement Board shall issue finding of fact and conclusions of law and shall issue an order affording the proper relief consistent with powers granted herein. The finding shall be by motion approved by a majority of those present and voting, except that at least three (3) members of the Enforcement Board must vote for the action to be official. Section 7: Powers of the Enforcement Board: The Enforcement Board shall have the power to: A. Adopt rules for the conduct of its hearings. Page 4 of 6 hearings. C. D. E. Subpoena alleged violators and witnesses to its Subpoenas may be served by the City's police department Subpoena records, surveys, plats and other material. Take testimony under oath. Issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance. Section 8: Fines. The Enforcement Board, upon notifi- cation 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 $500.00 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. After one (1) year from the filing of any such lien which remains unpaid, the Enforcement Board may authorize the Board Attorney to foreclose on the lien. Section 9: Appeal: An aggrieved party may appeal a ruling or order of the Enforcement Board by certiorari in the Circuit Court of Palm Beach County. An appeal shall be filed within thirty (30) days of the execution of the order to be led. Section 10: Notices: All notices required by this act be by certified mail return receipt requested and where would not be effective by hand delivery by the Code Inspector Section 11: Effective Date: This ordinance shall take ;t immediately upon its final passage. FIRST READING the .... ~'~-~'~d SECOND, FINAL READING and PASSAGE this /~ ' · ay of _, 1979. Page 5 of 6 CITY OF BOYNTON BEACH, FLORIDA MayOr Council Member Co~c il Member (Corp. Seal) Page 6 of 6