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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.
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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.
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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.
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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
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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.
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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:
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(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:
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(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
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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:
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(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
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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
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(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
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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
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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.
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(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.
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(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.
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(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
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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
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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
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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