O79-14ORDINANCE NO. 79- /~
AN ORDLNANCE OF %HE CITY OF BOYNTON BEACH, FLORIDA,
DECLARING THE EXISTENCE OF DISEASED PL~fCS IN THE
CITY %O BE!.A~: NtrISANCE: PROVIDING DEFINITICNS;
PROVIDING-JaN ABAT~ PROCEDURE; PROVIDING FOR
NOTICE, APPEAL AND HEARING; PROVIDING PENALTY;
P~ROVID~NG FOR ABATEMENT By THE CITY AND ASSESSMENT
FOR
THE COSTS /t~REOF; PROVIDING FOR RELIEF FRf~4
HARDSHIP BRDU6MT ABOUT BY STRICT ENFOR~;
PROVIDING A REPEALER CLAUSE; PROVIDI~NG A SAVINGS
CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER
PURPOSES.~.
BE IT ORDAgNED BY THE CITY COUNCIL OF T~E CITY OF BOYNTON BEACH, FLORIDA
THAT 2/4E BOYNTON BEACH CODE OF ORDLNANCES, BE ;~lkIDED ~ ~iqE-.AD~ITION '
OF THE FOLLOWING CHAPTER, ~rlTLED DISEASED PLANTS, AS FOL~W~:
ARTICLE I. DISEASED PLANTS
Section 1. Definitions.
(a) City is the City of Boy, ton Beach, Florida.
(b) Department is the General! Services Department of the City
of Boynton Beach, F10~i~a.
~ (c) Plants are trees, shrubs, vines, forage, and the cuttimgs,
gra~t$?_scions, ~-u~,-, and other parts of ~lants, including the fruit,
vegetables, roots, bulbs, seeds and other produces of pl~ts.
(d) Plant disease is any fur
plant, blight (such as lethal yellowing
injurious to plants, including any state
which is conmmnicable and injurious to g
(e) Property owner is any pE
1. Owns the fee simple ti
2. Leases: from the owner
lease period being fo~
longer.
gus, bacteria, virus, parasitic
in palm trees), or other organism
of development of such organism
lants, Otheri~.than the host plant.
rson, firm, or corporation who:
tle to realty in the City; or
realty located in the City, the
a duration of two years or
If the real property invo
estate, or by a guardian
of the owner or lesSee, t
such administrator, execu
or guardian, for the purp
provisions of this articl
(f) Abatement is the procedur
to render the plant harmless to other pl.
i
department, or ent rely removing the pla
the same to be disposed of.
lved is being managed in an
~r other personal representative
men property owner shall include
tor, personal representative,
Dses of complying with the
B.
_~ of treating the diseased plant
~nts to the satisfaction of tlae
~t from the property and causing
Section 2. Presence of diseased ~lants declared nuisance.
The presenCe of a diseased plant
or private property, is hereby declared
abated as such in accordance with the p~
Section 3. Procedure.
~ywhere in the City, on public
public nuisance Whichmay be
~visions of this article.
d (a) Notice to 'abate. Whenever it comes to the attention of the
epartment that any public nuisance as above defined exists in the city,
a, noti.c,e in .writing S.ball be s.e~rv?d upon~ the property owner, of the property
wry. re nne nu. zsance e.xzst.s, no.tziTing su.c.~, person of the existence of the
n~..sa~_ce and requesting its abatenmnt within the time specified in this
arnzcie. The property owner shall be given .~ days to abate the nuisance.
(b) Responsibility for abat~nant. Upon receipt of the aforesaid
written notice, the property owner shall b~e responsible for the abatement
of_ ~e ~l~li.c n,u~s~a~,ce~ In~ ~the event o.f abatermm%t by the city, the property
owner snag± De liable zor all expenses incurred in such remov~al.
(c) Notice procedure. It shall constitute legal and sufficient
notice when a copy of the notice is posted in a conspicuous place on the
plant c°nstituting. . the nuisance, or at seine 'other place on the property
Members of the department,
enter r . .are hereby authorized to
easonable tzmes, b~vin ammo '
~ 4 g unced their reason
~n, zor the p~urpose of inspecting plants for
and for the p6sting of the notices aforesaid.
· . (d) . Cont ~e~_tof notice' The w~ itten notice shall specify the
time wzthzn which the nuisance must be abated either by treatment or removal,
not to exceed 3~ days from the date of the notice. Such notice shall be
dated and shall describe the p~ticular plant believed to carry a plant
disease, the date of its e~mmination, and the conmon nanm of ~the plant
~_s~e~s~e~. ~_e ~_o. tic~e s~hall,~furt~.h?r ~dic.a~te that the property owner has the
s,~g~o_~a ~a~_ ~l~g~ ~z_o~r~e._~e~ ulty C. ou~.cil to protest the designation of
u~ F.~u aa a pllO£lC nuisance, anG give proof of such contention.
(e) Request for ~hearin~. The property owner may file with the
~etY_~c~l~?rk~ ~a=v~it_t,e~. re_qUe~st f.o~ ~ a~ .hea~.~in~g b~ore the citY Council within
be ~,_p_~er~l,c~ oz compzl_a~_c~e.~_e~s~cribe~.~ zn ~he ..w~ .ztten .notice.. The hearing shall
for~a~_so~on_~s~p~acn~l.caDle~ ~a~ter the_fll ~zn~- of the request, and' the timm
~-~u= s~az. oe snaye~ zrom the date of request until such hearing.
The property owner shall ~h~e full opportunity at such hearing to present
evidence that the plant designated as public nuisance is not, in fact, a
public nuisance. The
sbmll either affirm or deny the designa-
tion of the plant as a nuisance, and make' such other d~rection as it
deems appropriate°
(f) Abatement of nuisance. In the event the City Council
bas required abatement pursuant to~ hearing, the property owner shall cause
the nuiSance to be abated to the satisfacti~ of the departnmnt within /~
days after tbm hearing. In the event the plant is not timely treated or
removed by the
property owner, the Department shall have the authority to
enter the private property and cause the plant to be treated or remDved
therefrom.
Section 4. Penalty, refusal of entry.
It shall be Unla_~ and punishable pursuant to Section 1-6 of the
Ordinance of the City of Boynton Beach, Florida, for any person to knowingly
refuse to allow a member of the department, or its representative or agent,
who has announced his reason for entry, to enter upon private property at a
reasonable time for the purpose of enforcing the provisions of this article.
Section 5. Abatemsnt by city; assessment lien.
(a) In the event the City abates a nuisance as herein described
on private property, the City shall assess the actual costs of such abatement
including administrative costs, if any, against the property on which the
nuisance was located. Such asses~t sbmll be filed in the office of the
tax collector, and thereupon entered as an assessment lien against such
real property.
(b) Such assessrmm~t shall be a lien against the land and premises
against which the same is made, from the date of the assessment of the costs
thereof by the City Council; and such lien is hereby declared to be prior
and prior in dignity, to all other liens against such property, save and
except a lien for taxes. Such lien shall beccn~e due and payable on or
before six months from its assessmmnt, and shall bear interest at the rate
of ~ ~percent per annum until paid.
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(c) The authority is hereby reserved unto the City Council to
determine the reasoo~ableness of all complaints arising out o~ this
assessment procedure. The City Com~cil is hereby authorized to waive the
requirements and provisions of this article when it shall appear that
unusual circumstances exist or undue hardship shall accrue to the property
owner by its. strict enforcement.
ARTICLE II.
All ordinances or parts of ordinances 'in conflict herev~Lth are
ARTICLE III.
That 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 effect the remainder of this Ordinance.
ARTICLE IV.
This Ordinance shall become effective inmediately upon its passsage.
FIRST READ~G this /~ day of ~ , 1979.
SECOND, FINAL READING AND PASSAGE,t~s __/~__ day of ~ , 1979.
CITY OF BOYNTON
By:
FLORIDA.
/ (
Council Member
ATTEST:
City Clerk
(Corp. Seal)
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