O98-05ORDINANCE NO. O98-,¢,¢
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING CHAPTER 15, ARTICLE VIII, "NUISANCE
ABATEMENT", SECTION 15-115 PROVIDING FOR
THE RECORDING OF BOARD ORDERS AND FOR
RECOVERY OF COSTS; CREATING SECTION 15-
115.5 TO PROVIDE FOR PENALTIES AND LIENS
FOR PUBLIC NUISANCES; AND PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, the legislature of the State of Florida enacted Section 893.138,
Florida Statutes to permit a local government to establish a nuisance abatement
board to address the sale of controlled substances and prostitution on property
located within the local government's jurisdiction; and
WHEREAS, the City of Boynton Beach City Commission adopted Chapter
15, Sections 15~ 111 through 15-117,"N u~sance' Abatement- "by Ordinance 092-48
on October 8, 1992; and
WHEREAS, Ordinance O92-48 incorporates the provisions of Section
893.138, Florida Statutes to provide for the creation of the Nuisance Abatement
Board; and
WHEREAS, the State of Florida enacted amendments to Section 893.138,
Florida Statutes to grant local nuisance abatement boards additional enforcement
powers; and
WHEREAS,-The City Commission of the City of Boynton Beach has
determined that the Nuisance Abatement Board must be empowered with the full
range of authority granted to it under Section 893.138, Florida Statutes, as
amended, in order to protect the health, safety and welfare of the citizens of the City
of Boynton Beach.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:-
.Section 1~ That Chapter 15, Article VIII. "Nuisance Abatement" of the
Code of Ordinances of the City of Boynton Beach, Florida, is hereby amended by
ca\ord\nuisance abatement - fines
Rev. 1/5/98 I
adding the words and figures in underlined type and by deleting the words and
figures in struck-through type, as follows:
Sec. 15-115. Conduct of hearing.
(.f)
(g)
A certified copy of the Nuisance Abatement Board order may bo
'rec°rded~each Count Flon'da and
shall constitute notice to an subse uent urchasers successors in
interest or assi ns if the violation concerns real roe and the
findin therein shall be bindin u on the violator and if the violation
concerns real ro ert an subse uent urchasers successors in
interest or assi nS~ecorded in the Ublic records of
Palm Beach Count ursuant to this subsection and the order'is
com lied with b the date s ecified in the order the Nuisance
Abatement Board shall issue an order acknowled in com liance that
shall be recorded in the ublic records. A hearin before the
Nuisance Abatement Board is not re uired to issue a Board order
acknoWledging compliance.
If the City prevails in prosecuting a case before the Nuisance-;
Abatement Board it shall recover all costs incurred in investi atin
_and prosecuting the case before the board
Section 2. That Chapter 15. Article VIII. "NUisance Abatement" of the
Code of Ordinances of the City of Boynton Beach, Florida is hereby amended by
adding the words and figures in underlined type and by deleting the words and
figures in struck-through type, as follows:
Sec.
.(a)
15-115,5' Fines for Noncompliance with orders; duration of lien
The Nuisance Abatement Board, upon notification by the City that ar,
order of the Board has not been corn lied with b set time or u on
findin that a re eat violation has been committed ma order the
violator to a a fine in an amount s ecified in this section for each
da the violations asr the date set b the Nuisance
Abatement Board for com liance or in the case of a re eat violation
for each date a re eat violation continues be innin with the date the
re eat violation is found to have occurred b the Ci . A fine im osed
ursuant to this section shall not exceed 250.00 er da for the
violation and shall not exceed 500.00 erda for a re eat violation.
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Rev. 1/5/98
The total fines im osed ursuant to this section shall not exceed
.(b) A certified copy of an order impOsing a fine may be recorded in thr;
ublic records and thereafter shall constitute a lien a ainst the
~en arisin from a fine
~ osed ursuant to this section runs in favor of the Cit and the Cit
ma execute a satisfaction or release of a lien entered ursuant to
this section. The Cit shall be entitled to collect all costs incurred in
the recordin of and filin of a satisfaction of a valid lien. U on
etition to the circuit court such order ma be enforced'in the same
manner as a court 'ud ment b the Sheriff's of this state includin
lev a ainst ersonal ro ert but shall not be deemed a court
judgment except for enforcement purposes_. '
.(c) After three (3) months from the.filing of any lien that remains unpaid~
the Nuisance Abatement Board ma authorize the Cit Attorne to
foreclose u on the lien. No lien created ursuant to the rovisions of
this chater ma be foreclosed on real ro ert which is "homestead"
under Article X Section 4 of the State of Florida Constitution.
.(d) No lien provided by this chapter or under the authority of Section,-;
162.01 et se . Florida Statutes shall continue for a eriod of Ion er
than twent 20 ears after the certified co of an order im osin a
fine has been recorded unless within that time an action to foreclose
on the lien is commenced in a court of com etent 'urisdiction. In an
action to foreclose on a line the revailin art is entitled to recover
all costs inclUdin reasonable attorne s' fees that it incurs in the
foreclosure roceedin . The continuation of the lien effected b the
commencement of the action shall not be ood a ainst creditors or
subse uent urchasers for valuable consideration without notice
.unless a notice of lis pendens is filed
Nothing contained herein shall prohibit the City from enforcing
,codes or ordinances by any other means.
Section 3. Each and every other prOvision of the Land Development
Regulations not herein specifically amended Shall remain in full force and effect as
y enacted.
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Section 4. All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
Section 5. Should any section or provision of this Ordinance of any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the remainder of this Ordinance.
1998.
Section 6. Authority is hereby given to codify this Ordinance.
Section 7_. This Ordinance shall become effective immediately upon passage.
FIRST READING this .¢,~ day of ~/---¢~,4'¢', 1998.
SECOND, FINAL READING AND PASSAGE this ~ day of.~.~,
ATTEST: