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17-0122 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ORDINANCE NO. 17-012 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 15 OF THE CITY'S CODE OF ORDINANCES; DELETING ARTICLE VIII IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE VIII TO BE ENTITLED: "CHRONIC NUISANCE PROPERTY CODE"; PROVIDING A STATEMENT OF LEGISLATIVE INTENT; PROVIDING FOR IDENTIFYING PROPERTIES THAT ATTRACT OR ALLOW NUISANCE ACTIVITIES; REQUIRING CORRECTIVE ACTION BY PROPERTY OWNERS; PROVIDING PROCEDURES FOR ENFORCEMENT; PROVIDING FOR NOTICE, HEARING RIGHTS AND APPEALS; PROVIDING FOR ASSESSMENT AND RECOVERY OF COSTS, FINES AND FEES RELATED TO ENFORCEMENT; PROVIDING FOR LEVY AND COLLECTION OF NON -AD VALOREM ASSESSMENTS PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds that there is a relative amount of police use, fire rescue and community standards services use to which each parcel of real property is entitled as a taxpayer of the City; and WHEREAS, the City Commission also finds that some real properties, hereinafter described as "chronic nuisance properties" require disproportionate police, fire rescue, and community standards services and cause an unnecessary burden on those public services and therefore on all taxpayers of the City; and WHEREAS, property owners are ultimately responsible for the conduct and actions that occur on their property; and WHEREAS, properties with disproportionate service calls are an indication that such properties are not being properly managed and/or maintained; and WHEREAS, the City Commission, deems it appropriate and in the best interests of the health, safety and welfare of the citizens and residents of the City of Boynton Beach to adopt a CHRONIC NUISANCE PROPERTY CODE to identify and address properties that are not properly managed and/or maintained and which burden adjacent properties and the City. (00177057.6 306-9001921) 1 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 6.1 62 63 64 65 66 67 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 incorporated herein by this reference. Section 2. Article XIII, of Chapter 15 of the City's Code of Ordinances is hereby created to read as follows: Section 15-001 Statement of Legislative Intent: Chronic nuisance properties present health, safety and quality of life concerns and exist when the persons responsible for such properties fail to take corrective action to abate nuisance activities or a nuisance condition. Chronic nuisance properties have a significant adverse effect on the quality of life, safety and health of the neighborhoods where they are located. Chronic nuisance properties are a financial and operational burden to the City by generating repeated calls for service to the properties. Chronic nuisance properties adversely affect the value of adjacent properties. The Boynton Beach Chronic Nuisance Property Code is enacted to address and reduce nuisance activities and/or nuisance conditions that disrupt quality of life and repeatedly occur or exist at properties. The nuisance abatement process hereinafter set forth may be used by the City in conjunction with any and all legal actions available to the City. It is the City's intent: 1. To identify chronic nuisance activities and chronic nuisance conditions. 2. To hold accountable those persons responsible for such nuisance activities and/or conditions on the property. 3. To assist victims of crime and penalize those who commit crimes or those who permit conditions to exist that give rise to crime or excessive calls for service to the police and fire departments. 4. To establish rules, procedures, and penalties to address property owners that have chronic nuisance issues and fail to take corrective measures. 5. To work in partnership with the owners to address the negative results caused by chronic nuisance activities and/or conditions, and to improve the vitality of neighborhoods by addressing excessive calls for service to the police and fire departments. {00177057.8306-9001821} ►J 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 6. To encourage owners and operators to cooperate by classifying calls for service made by the owners or operators which demonstrate their commitment to abate nuisance activities and/or conditions on their property such that the self- reported activities will not be included as nuisance activity responses. 7. To establish the cost of City response and enforcement services to the property owners identified as owning chronic nuisance properties. Section 15-0002 Definitions (a) Action Plan A plan prepared by the City, incorporated in the Nuisance Abatement Agreement and agreed to by the owner to address and eliminate nuisance activity on the owner's property by the implementation of proactive steps by the property owner. (b) Chronic nuisance property. A property on which one or more continuing nuisance activities occurs or re -occurs. (c) Chronic Nuisance Services. Remedial action(s) taken by the City to eliminate or . mitigate a nuisance condition that threatens public health, safety, or welfare. (d) Nuisance activity. Nuisance activity or nuisance means any activities relating to the following violations whenever engaged in by the property owner, operator, agent, tenant or invitee of the property owner, operator, agent or tenant: 1. Chapter 3 - alcoholic beverages. 2. Chapter 15 article I - noise control regulations. 3. Chapter 15 article VIII - criminal street gang injunction. 4. Chapter 15 article X - sexual offender residency prohibition. S. F.S. § 767.121- dangerous dogs. 6. F.S. § 790.15(11 - discharging firearm in public. 7. F.S. 796.06 - renting space to be used for prostitution. 8. F.S. § 796.07 - prostitution. ' All references to Florida Statute are to Florida Statutes 2016 or as amended thereafter. {00177057.8 306-90016211 3 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 9. F.S. 800.03 - exposure of sexual organs. 10. F.S. � 806.13 - criminal mischief. 11. F.S. § 810.08 - trespass in structure or conveyance. 12. F.S. § 810.09 - trespass on property other than structure or conveyance. 13. F.S. 812.014 - theft. 14. F.S. § 812.019 - dealing in stolen property. 15. F.S. � 812.173 - convenience business security. 16. F.S. § 823.01- nuisances. 17. F.S. § 828.12 - cruelty to animals. 18. F.S. � 856.011 - disorderly intoxication. 19. F.S. 856.015 - open house parties. 20. F.S. � 856.021- loitering or prowling. 21. F.S. § 856.022 - loitering or prowling in close proximity to children. 22. F.S. ch. 874 - criminal gang enforcement and prevention. 23. F S § 877.03 - breach of the peace; disorderly conduct. 24. F.S. ch 893 - any offense under the Florida Comprehensive Drug Abuse Prevention & Control Act including but not limited to public nuisances as defined by $893.138. 25. Any other offense under state or federal law that is punishable by a term of imprisonment exceeding one year. 26. Two (2) or more calls for service within a period of thirty (30) calendar dam the same property for police fire medic or other emergency personnel to assist an individual who displays the symptoms of an overdosed of a controlled substance. 118 I I (e) Nuisance Abatement Agreement An agreement entered into between the City and {00177057.8 306-90018211 4 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 property owner that contains an "Action Plan" to be implemented by the property owner to address and abate the nuisance activity. (f) Nuisance Condition Any temporary or permanent condition on the property which arises from nuisance activity. (g,) Operator. Any agent• employee• property manager• tenant• sub -tenant• contractor: sub -contractor• licensee• invitee• or other individual or entity that is authorized by the property owner to supervise manage or otherwise control any activities which may occur on the property. (h) Pattern of nuisance activity. Real property shall be deemed to exhibit a pattern of nuisance activity when: . (1) The police department has responded to three or more nuisance activities at the property within 30 days: or (2) The police department has responded to seven or more nuisance activities at the property within six months: or (3) An alcoholic beverage establishment that employs private security is located on the property and the police department has responded to five or more nuisance activities at the property within 30 days or 20 or more nuisance activities at the property within six months; or (4) There is a failure to correct code violations by the time ordered by the special magistrate in any order entered pursuant to section 26-77 of this Code. Section 15-003 Construction and application. Ca) Pattern of nuisance activity will not be construed to include: (1) A nuisance activity where the property owner, operator, agent tenant or invitee of the property owner' agent or tenant is the victim of a crime: or (2) A complaint or call for service to which the police department responded and determined that no violation was committed.. (3) A Domestic violence call. {00177057.8 306-9001821} 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 Section 15-004 Separate occurrences. (a) For purposes of this article, each day that the police department responds to a nuisance activity at the property shall be a separate occurrence. Section 15-005 Declaration of Chronic Nuisance; Action Plan. (a) If a pattern of nuisance activity exists upon real property. the City may declare the property to be a chronic nuisance property. The City's Declaration of Chronic Nuisance shall be sent to the property owner by hand delivery or certified mail. return receipt requested, to the address listed on the ad valorem tax roll. The City's Declaration of Chronic Nuisance constitutes a Notice of Violation which, if unaddressed in an executed Nuisance Abatement Agreement, may be prosecuted by the City before the City's Special Magistrate. (b) Mailing to the property owner at the address listed on the ad valorem roll shall be prima facie proof of delivery. Notice shall also be posted at the property where the nuisance activities occurred. Removal of the posted Notice without written annroval from the Citv is prohibited. The Declaration of Chronic Nuisance shall be sent with at least the following information: (1) A reference to chapter 15 article XIII (the "City of Boynton Beach Chronic Nuisance Property Code"); (2) The address and parcel control number of the property-, (3) The dates that the nuisance activities occurred at the property; (4) A description of the nuisance activities: (5) A proposed Nuisance Abatement Agreement which outlines the corrective action to be taken by the property owner to remedy the nuisance activity. (7) A statement that the property owner's failure to enter into the Nuisance Abatement Agreement within 15 days of the Declaration of Chronic Nuisance will result in a violation of this Article and further prosecution and enforcement action by the City before the City's Special Magistrate or by other legal actions available to the City: (00177057.8 306-90018211 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 (8) A statement that the costs of any chronic nuisance services provided by the City to a property that has been declared to be a Chronic Nuisance may be levied against the property as a non -ad valorem assessment superior to all other private rights interests liens encumbrances titles and claims upon the ,property and equal in rank and dignity with a lien for ad valorem taxes; and (9) A statement that unpaid assessments may be certified to the tax collector for collection pursuant to the uniform method provided in F.S. � 197.3632. (10) A warning that the posted notice cannot be removed except with written permission from the City. (c) A Nuisance Abatement Agreement shall set forth a Corrective Action Plan with specific measures that the property owner must take to curtail or eliminate the re- occurrence of nuisance activities at the property. The Nuisance Abatement Agreement shall contain a timetable for corrective action. The Corrective Action Plan may include abatement measures which must be taken by property owner such as: (1) Commencement of an eviction action by the property owner pursuant to Chapter 83 Florida Statutes to remove from the property those individuals engaged in the nuisance activity; (2) Implementation of "crime prevention through environmental design" (CPTEDI measures; (3) Frequency of site visits and inspections by the owner or owner's agents at various times of both day and night: (4) Hiring of property managements (S) Hiring of private security; (6) Installation of security cameras; (7) Use of a written lease agreement which delineates prohibited tenant or tenant invitee conduct: {00177057.8 306-9001821} 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 (8) Criminal background checks for prospective tenants and lease renewals; (9) Posting of "no trespassing" signs at the property and execution of a "no trespass affidavit" authorizing the police department to act as an agent of the property owner to enforce trespass statutes on the property; (10) Regular requests to the police department for offense and incident reports relating to the property. Reports are available through the records custodian of the police department records division; (11) Written documentation of any and all efforts to curtail or eliminate the re- occurrence of nuisance activities on the property; (12) Other action that the City determines is reasonably sufficient to curtail or eliminate the re -occurrence of nuisance activities on the property. (d) The City may agree to modify the proposed or finalized Nuisance Abatement Agreement when the property owner demonstrates that modification will improve nuisance abatement action. (e) When a Nuisance Abatement Agreement is entered into, a memorandum of agreement specifying the property address shall be recorded by the City in the official records of Palm Beach County Florida. (f) The City will periodically monitor the property to assure compliance for a period of one Cl) year following execution of the Agreement. If the property owner complies with the Agreement as determined by the City, the Declaration of Chronic Nuisance will be rescinded the City will issue and record a Notice of Compliance related to the Memorandum of Agreement that was previously recorded and no further action by the property owner shall be required The City may require the property owner to enter into a new Agreement if a nuisance activity re -occurs. (g) If the City determines during the monitoring period that the Action Plan is not adequate to curtail or eliminate the re -occurrence of nuisance activities on the property, the City may require the property owner to revise the Action Plan. The determination as to whether or not the monitoring period is adequate is in the sole (00177057.8306-9001821} 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 and exclusive discretion of the City, based on the totality of the circumstances for the specific property. Section 15-006 Refusal To Sign or Violation of Agreement. (a) When a property owner refuses to timely enter into a Nuisance Abatement Agreement or subsequently violates the terms of an Agreement, the City may prosecute its Declaration of Chronic Nuisance at a hearing before the City's Special Magistrate. (b) A request for hearing shall be filed by the Director of Community Standards or designee with the Cid within 15 days from the deadline for entry into a Nuisance Abatement Agreement or the violation of a provision of the Agreement or Action Plan. (c) The City shall schedule a hearing before the City's Special Magistrate. The hearing shall be limited to the review of the record or evidence upon which the City based the Declaration of Chronic Nuisance or the failure by the property owner implement the Agreement/Action Plan and any rebuttal offered by the property owner. All testimony shall be under oath and the City and property owner shall be afforded the opportunity to call or cross -exam any witness. (fl After hearing the testimony and evidence the Special Magistrate shall either uphold or reject (i) the City's Declaration of Chronic Nuisance or (ii) the notice of violation regarding the Action Plan, as appropriate. (g) The decision of the Special Magistrate shall be in writing and shall be deemed final. (h) If the special magistrate upholds the notice of violation the special magistrate shall enter a Chronic Nuisance Order which shall: (1) Contain findings of fact establishing a pattern of nuisance activity and a violation of this article: (21 Authorize the City to provide chronic nuisance services to the property: C31 Authorize the City to bill the costs of any chronic nuisance services to the owner of the chronic nuisance property: {00177057.8 306-90018211 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 (4) Provide for the mailing of a copy of the chronic nuisance service order by first class mail to any mortgagee of record. Failure to Provide a copy of the chronic nuisance service order to a mortgagee of record shall not operate to release or discharge any obligation under this article or otherwise affect the validity of a chronic nuisance service order: (5) Provide for the recording of a certified copy of the Magistrate's chronic nuisance service order in the public records: and (6) Provide for continuing jurisdiction over the chronic nuisance property. (i) If the Special Magistrate rejects the City's Declaration of Chronic Nuisance of chronic nuisance notice of violation the Special Magistrate shall identify the factual, procedural or legal error upon which the decision is based. (k) An Order rejecting the City's Declaration of Chronic Nuisance shall not bar the City from recommencing the chronic nuisance -process. Section 15-007 Appeal of Orders of Special Magistrate The property owner or the City may appeal a final order of Special Magistrate to the circuit court of Palm Beach County. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Special Magistrate An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. Section 15-008 Finality and Duration of a chronic nuisance order. (a) Finality of Special Magistrates order. An order is final 30 days following entry. Entry means the order is signed by the Special Magistrate and filed with the City Clerk. (b) Duration of Chronic Nuisance Order. The chronic nuisance order entered in accordance with this section shall be terminated by subsequent Order of the Special Magistrate when either the City or the Property. Owner -request reconsideration of the original Order and the Magistrate finds that the nuisance activities have been abated at the property for a period of one year. It is the {00177057.8 306-9001821} 10 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 responsibility of the Property Owner to contact the City to document the abatement If the City determines that the nuisance has been abated, the one-year time period specified herein shall commence as of the date of the City's abatement determination. Section 15-009 Abatement of chronic nuisances: provision of services: apportionment. (a) Abatement by City. The property owner is responsible for abatement of nuisances on the property. In those circumstances when City staff, in consultation with the Citti Attorney's Office determines that conditions exist on the property that constitute health and safety issues and the property owner has not taken remedial action. the City may act in the interest of public health safety and welfare and take remedial action Example: the retention of stagnant water in pools, ponds, pots, or containers that can serve as breeding sites for mosquitoes. The City may also take abatement action when authorized to take action by a Special Magistrate or Judge. The City's cost of taking remedial action shall be billed to the property owner and such costs may be collected by the City any legal means. (b) Apportionment City incurred costs in providing remedial action shall be entirely apportioned to the assessed real property receiving the remedial service. Section 15-010 Establishment of costs: billing of costs: notice of delinquency. (a) Chronic nuisance service or remediation costs are established by City Commission Resolution. (b) Billing of chronic nuisance service or remediation costs. The City shall bill the owner(s) of the chronic nuisance property by first class mail to the address listed on the ad valorem tax roll When there are multiple owners of a property. the City need only bill one of the owners The bill shall contain at least the following information: (1) The address and parcel control number of the chronic nuisance property: (2) The date of each chronic nuisance service: (3) A brief description of each chronic nuisance services {00177057.8 306-9001821} 11 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 (4) The amount of the bill for each chronic nuisance service; (S) A statement that the total amount of the bill shall be paid to the City within 30 days from the date of the bill and that any chronic nuisance service or remediation cost which has not been paid within 30 days from the date of the bill shall be delinquent; (6) A statement that that any unpaid chronic nuisance service or remediation costs will be levied against the property as a non -ad valorem assessment superior to all other private rights interests liens encumbrances, titles and claims upon the property and equal in rank and dignity with a lien for ad valorem taxes; and (7) A statement that unpaid assessments may be certified to the tax collector for collection pursuant to the uniform method provided in F.S. � 197.3632. (c) Notice of delinquency. The total amount of the bill shall be paid to the City within 30 days from the date of the bill Any chronic nuisance service or remediation cost which has not been paid within 30 days from the date of the bill shall be delinquent. If the property owner fails to pay the total amount of the bill within 30 days from the date of the bill the City shall notify the property owner of the delinquency. The notice of delinquency shall be by first class mail to the address listed on the ad valorem tax roll and shall contain at least the following information: (1) The address and parcel control number of the property; (2) The amount of the delinquent billings individual and total; (3) A statement that that any unpaid chronic nuisance service costs will be levied as a non -ad valorem assessment superior to all other private rights, interests, liens encumbrances titles and claims upon the property and equal in rank and dignity with a lien for ad valorem taxes: and (4) A statement that unpaid assessments may be certified to the tax collector for collection pursuant to the uniform method provided in F.S. § 197.3632. (d) Construction of chronic nuisance service cost. Chronic nuisance service or costs shall not include any amount attributable to general law enforcement activities or (00177057.8 306-9001821) 12 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 the general enforcement of municipal codes upon a property that has not been declared by the City to be a chronic nuisance and that has not received a chronic nuisance service order from the Special Magistrate. Section 15-011 Method of notice: construction. (a) Notice Unless otherwise provided notice required by this article shall be by certified mail return receipt required and by first class mail to the address listed on the ad valorem tax roll. Notice shall be posted at the property where the nuisance activities occurred. (b) Construction of notice A property owner shall be deemed to have notice of a nuisance activity if that property owner: (1) has actual knowledge of the nuisance activity (2) has received notice of the nuisance activity (3) has reason to know about the nuisance activity; (4) knows about a fact related to the nuisance activity: or (5) is able to ascertain the existence of a nuisance by checking an official filing or recording. Cc) The lack of knowledge of acquiescence or participation in or responsibility for a nuisance activity on the part of property owner shall not be a defense to any enforcement of this article. Section 15-012 Change in title to chronic nuisance property. (a) Purchase at judicial sale upon final judgment of foreclosure. Every purchaser of a chronic nuisance property at judicial sale upon final judgment of foreclosure shall provide the City with an Action Plan and implement an Action Plan no later than 45 days from the date of sale. (b) Receivership Every trustee of a chronic nuisance property appointed after the entry of a chronic nuisance service order shall provide the City with an Action Plan and (00177057.8 306-9001821) 13 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 implement the Action Plan no later than 45 days from the date of appointment of receiver in any state or federal action at law. (c) Probate Every personal representative of an owner of a chronic nuisance property shall provide the City with an Action Plan and implement an Action Plan no later than 45 days from the date of appointment. If the owner of the chronic nuisance .property died intestate beneficiaries of the estate shall be required to provide the City with an Action Plan and implement an Action Plan. (d) Other changes in title to chronic nuisance property. An arms -length purchaser of a chronic nuisance property that has purchased the property after entry of a chronic nuisance service order for the property shall have 45 days from the date of closing or recording of the order, whichever occurs last to provide the City with a proposal to release or modem a Nuisance Abatement Agreement or Action Plan. Until such time as the City agrees to release or modify an Agreement, the Agreement shall be enforceable as provided herein. (e) To facilitate the transfer of property that is the subject of a chronic nuisance service order or agreement the City Manager is authorized without the necessity of City Commission action to modify Nuisance Abatement Agreements, waive the City's rights under a Special Magistrate order, or compromise a fine or assessment owed to the City, provided the City Manager has reasonable assurance the nuisance conditions on the property will be remedied and will not re -occur under the new ownership. Section 15-013 Construction of Article. (a) Levy of special assessments This Article shall not be construed to limit the City from levying special assessments in accordance with the amendments to the standard unsafe building abatement code as adopted by the City. (b) Monthly re -inspection assessments This Article shall not be construed to limit the City from imposing monthly re -inspection assessments in accordance with chapter 9 Article II. of this Code. {00177057.8 306-9001821} 14 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 (c) Imposition of administrative fines. This Article shall not be construed to limit the City from imposing administrative fines in accordance with Chapter 2. Article V. of this Code. (e) Exemptions This article shall not be construed to apply to property owned by the City or any other governmental entity. (f) Provision of this article supplemental Nothing in this article shall be construed to limit the authority of the City to collect special assessments by any other method according to law. Section 15-014 Unpaid chronic nuisance service costs: non -ad valorem assessment. Any chronic nuisance service costs that remain delinquent and unpaid as of June 1 of each year shall be a special assessment levied against the benefitted real property as a . non -ad valorem assessment superior to all other private rights interests, liens, encumbrances titles and claims upon the benefited real property and equal in rank and dignity with a lien for ad valorem taxes. Section 15-015 Initial assessment roll. (a) Contents of initial assessment roll The Assistant City Manager -Administrative Services shall annually, prepare or direct the preparation of an initial assessment roll which shall contain the following: (1) A summary description of all benefited real property with delinquent chronic nuisance service costs to be assessed conforming to the description contained on the ad valorem tax roll; (2) The name of the owner of the benefited real property as listed on the ad valorem tax roll and maintained on the property ppraiser's system• and (3) The amount of the chronic nuisance service costs to be assessed against each parcel of benefited real property. {00177057.8 306-90018211 15 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 (b) Public inspection of initial assessment roll. The initial assessment roll shall be retained by the City clerk and shall be open to Public inspection. The foregoing shall not be construed to require that the assessment roll be in printed form if the amount of the chronic nuisance service assessment for each parcel of benefited real property can be determined by use of a computer terminal available to the public. (c) Notice to property ppraiser A copy of the initial assessment roll shall be provided to the property ppraiser and included as a part of the notice of proposed property taxes under F.S. § 200.069, the truth - in -mill age notification. Section 15-016 Notice of public hearing. (a) Public hearing The City Commission shall adopt a non -ad valorem assessment roll at a public hearing in accordance with F.S. § 197.3632. (b) Notice by mail The City shall notice the hearing related to the initial assessment roll by first class mail The notice by mail shall be sent to each person owning property subject to the assessment and shall include the following information: (1) The purpose of the assessment: (21 The total amount to be levied against each parcel of assessed real property: (3) A statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title: (4) A statement that all affected property owners have a right to appear at the hearing and to file written objections with the City commission within 20 days of the notice: and (5) The date, time and place of the hearing. (c) The mailed notice shall conform to .the requirements set forth in F.S. 197.3632. Notice shall be mailed at least 20 calendar days prior to the hearing to each property owner at the address listed on the ad valorem tax roll. Failure of the property owner to receive such notice due to mistake or inadvertence shall not affect the validity of the assessment roll nor release or discharge any obligation for payment of a chronic nuisance service assessment. {00177057.8 306-9001821} 16 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 (d) Notice by publication The City shall notice the hearing related to the initial assessment roll by publication in a newspaper generally circulated within the county. The published notice shall conform to the requirements set forth in F." 197.3632 and shall contain at least the following information: (1) Identifying the City;. (2) A geographic depiction of the City boundaries subject to the assessment; (3) A brief and general description of the chronic nuisance services provided: (4) The proposed schedule of the assessment; (5) The fact that the assessment will be collected by the tax collector: (6) A statement that all affected property owners have the right to appear at the public hearing and the right to file written objections within 20 days of the publication of the notice: and (7) A statement that the initial assessment roll is available for inspection at the office of the City clerk and that all interested persons may ascertain the amount to be assessed against a parcel of assessed real property at the office of the City clerk. Section 15-017 Public hearing; adoption of final assessment roll. (a) Public hearing At the public hearing the City Commission shall receive the written objections and shall hear testimony from all interested persons. The City Commission may adjourn the hearing from time to time. If the City Commission adopts the non -ad valorem assessment roll the City Commission shall specify the amount of the assessment Notwithstanding the notices provided for in this Article of the Code the City Commission may adjust the assessment or the application of the assessment to any assessed real property based on the benefit which the City will provide or has provided to the property. (b) Adoption of final assessment roll The City Commission may, at the public hearing or at any subsequent meeting of the City Commission adopt an assessment roll which (00177057.8306-9001821) 17 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 shall confirm modify, or repeal the initial assessment roll with such amendments', if any, as the City Commission deems equitable. (c) Legislative determination of special benefit and fair apportionment. The adoption of the final assessment roll by the City Commission shall constitute a legislative determination that all assessed parcels of real property derive a special benefit from the chronic nuisance services provided by the City and a legislative determination that the assessments are fairly and reasonably apportioned to the properties. Section 15-018 Lien of chronic nuisance service assessments. Upon the adoption of the final assessment roll all chronic nuisance service assessments shall constitute a perfected lien against the assessed real property superior to all other private rights interests liens encumbrances titles and claims upon the property and equal in rank and dignity with a lien for ad valorem taxes. Section 15-019 Correction of errors and omissions. (a) Validity of assessment Any informality or irregularity in the proceedings in connection with the levy of a chronic nuisance service assessment shall not affect the validity of the assessment after approval by the City Commission. A chronic nuisance service assessment as finally approved by the City Commission shall be competent evidence that the assessment was duly levied made and adopted, and that all other proceedings were duly taken No act of error or omission on the part of the property ppraiser tax collector, Assistant City Manager -Administrative Services (or designee), or other employee of the City shall operate to release or discharge any obligation for payment of a chronic nuisance service assessment imposed by the City under this article. (b) Correction of errors by director of financial services. Prior to the delivery of the assessment roll to the tax collector in accordance with F.S. 197.3632, the Assistant City Manager -Administrative Services (or designee)shall have the authority at any time to correct any error or omission in applying the assessment to any particular parcel of assessed real property not otherwise requiring the provision of notice {00177057.8 306-9001821} In 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 pursuant to F.S. § 197.3632. Any such correction shall be considered valid ab initio and shall not affect the enforcement of the chronic nuisance service assessment. Any such correction shall be processed by the Assistant City Manager -Administrative Services (or designee) and not the property ppraiser or tax collector. Section 15-020 Method of collection. Unless otherwise directed by the City Commission, chronic nuisance service assessments shall be collected pursuant to the uniform method provided in F.S. -� 197 3632 Any required hearing or notice may be combined with any other hearing or notice required by F.S. § 197.3632 or other provision of law. Section 15-021 Alternative method of collection. (a) In lieu of using F.S. 197 3632 the City may elect to collect a chronic nuisance service assessment by any other method authorized by law or under the alternative collection method provided by this section. (b) The City shall have the right to foreclose and collect all delinquent chronic nuisance service assessments in the manner provided by law for the foreclosure of mortgages on real property. All costs fees and expenses including reasonable attorney and title search expenses related to any foreclosure action shall be included in anv judgment or decree rendered Section 3. City Staff is authorized to take all steps necessary to effectuate the intent of this ordinance. Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 5. 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 6. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code {00177057.8 306-9001821} 19 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 of Ordinances of the City of Boynton Beach, Florida. The Sections of this Ordinance may be renumbered, rellettered and the word "Ordinance" may be changed to. "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 7. This Ordinance shall become effective upon adoption. FIRST READING this /9 day of '2017. SECOND, FINAL READING AND PASSAGE this day of J�IfL 2017. ATTEST: ��? �� , Judd A. Pyle, CMC City Clerk (Corporate Seal) {00177057.8 306-9001821} CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor - Steven B. Grant v Vice -Mayor- Justin Katz Commissioner -Mack McCray V Commissioner - Joe Casello v` Commissioner - Christina L. Romelus I/ W VOTE 5T