Loading...
18-009 1 - ORDINANCE NO. 18-009 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 15, ARTICLE VIII, 5 "CHRONIC NUISANCE PROPERTY CODE"; PROVIDING FOR 6 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 7 EFFECTIVE DATE. 8 9 WHEREAS, on June 6, 2017 the City Commission repealed and replaced Ord. No. 10 06-096,§ 2,adopted January 2, 2007, replaced it with Ord. 17- 012,§§ 1-7,and renamed 11 it the Chronic Nuisance Property Code; and 12 WHEREAS, following implementation of the Chronic Nuisance Property Code, City 13 staff identified elements which needed clarification; and 14 WHEREAS,the City Commission, deems it appropriate and in the best interests of 15 the health, safety and welfare of the citizens and residents of the City of Boynton Beach to 16 amend the Chronic Nuisance Property Code. 17 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 18 OF BOYNTON BEACH, FLORIDA,THAT: 19 Section 1. The foregoing "Whereas" clauses are true and correct and 20 incorporated herein by this reference. 21 Section 2. Article VIII, of Chapter 15 of the City's Code of Ordinances is hereby 22 amended as follows: 23 Section 15-112 Definitions 24 £. 'I ,. A e . • . • e. -e • • e 'et . ► , • . A :- . . -nt 25 • . • - . - -- - 26 the own- ' : . . - - • _ . .. . . . - • : - -- - - • . . 27 owner.- 28 (ha) Chronic nuisance property.A property on which one or more continuing nuisance 29 activities occurs or re-occurs. 30 (€b) Chronic Nuisance Services. Remedial action(s) taken by the City to eliminate or 31 mitigate a nuisance condition that threatens public health, safety, or welfare. (00226455.1 306-9001821) C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\TQFSZ5NC\Chronic_Nuisance_OrdinanceAmendment=_May_20 I 8_(00226455xe4b6a).DOCX 1 32 (c) Corrective Action Plan. A plan prepared by the City, incorporated in the 33 Nuisance Abatement Agreement, and agreed to by the owner to address and 34 eliminate nuisance activit on the owner's roter b: the im:a lementation of 35 proactive steps by the property owner. 36 (d) Nuisance activity. Nuisance activity or nuisance means any activities relating to the 37 following violations, whenever engaged in by the property owner, operator, agent, 38 tenant, or invitee of the property owner, operator, agent or tenant: 39 . . . 40 26.Two (2) or more calls for service within a period of thirty (30) calendar days to 41 the same property for police, fire, medic, or other emergency personnel, or other 42 City personnel to assist an individual who displays the symptoms of an overdose4 43 of a controlled substance. 44 (e) Nuisance Abatement Agreement.An agreement entered into between the City and 45 property owner that contains an "Action PlanCorrective Action Plan" to be 46 implemented by the property 47 owner to address and abate the nuisance activity. 48 . . . 49 (h) Pattern of nuisance activity. Real property shall be deemed to exhibit a pattern of 50 nuisance activity when: 51 (1) The police departmcntCity has responded to three or more nuisance activities at 52 the property within 30 days; or 53 (2) The police departmcntCity has responded to seven or more nuisance activities at 54 the property within six months; or 55 . . . 56 57 58 (00226455.1 306-9001821) C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\TQFSZ5NC\Chronic_Nuisance_Ordinance_Amendment_-_May_2018_(00226455xc4b6a).DOCX 2 59 Section 15-113 Construction and application. 60 (a) Pattern of nuisance activity will not be construed to include: 61 (1) A nuisance activity where the property owner, operator, agent,tenant, or invitee 62 of the property owner, agent or tenant is the victim of a crime; or 63 (2) A complaint or call for service to which the police departmentCity responded and 64 determined that no violation was committed. 65 (3) A Domestic violence call. 66 Section 15414 Separate occurrences. 67 (a) For purposes of this article, each daytime (instance) that the police 68 departmentCity responds to a nuisance activity at the property shall be a separate 69 occurrence. 70 Section 15-115 Declaration of Chronic Nuisance; Corrective Action 71 Plan 72 . . . 73 (c) A Nuisance Abatement Agreement shall set forth a Action PlanCorrective Action Plan 74 with specific measures that the property owner must take to curtail or eliminate the 75 re-occurrence of nuisance activities at the property. The Nuisance Abatement 76 Agreement shall contain a timetable for corrective action. The Action PlanCorrective 77 Action Plan may include abatement measures which must be taken by the property 78 owner such as: 79 (1) Commencement of an eviction action by the property owner pursuant to Chapter so 83 Florida Statutes to remove from the property those individuals engaged in the 81 nuisance activity; 82 (2) Implementation of "crime prevention through environmental design" (CPTED) 83 measures; 84 (3) Frequency of site visits and inspections by the owner or owner's agents at various 85 times of both day and night; (00226455.1 306-9001821) C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\TQFSZ5NC\Chronic_Nuisance_Ordinance_Amendment_-_May_2018_(00226455)/c4b6a).DOCX 3 86 (4) Hiring of property management; 87 (5) Hiring of private security; 88 (6) Installation of security cameras; 89 (7) Use of a written lease agreement which delineates prohibited tenant or tenant 90 invitee conduct; 91 (8) Criminal background checks for prospective tenants and lease renewals; 92 (9) Posting oft-The Operator must post "no trespassing" signs at the property and 93 cxecutionexecute of a "no trespass affidavit" authorizing the police department 94 to act as an agent of the property owner to enforce trespass statutes on the 95 property; 96 (10) RegularThe Operator must make regular requests to the police and fire 97 departments for offense and incident reports relating to the property. Reports 98 are available through the • .- : • • :: • - •' -- records 99 division; • 100 (11) Written documentation of any and all efforts to curtail or eliminate the re- 101 occurrence of nuisance activities on the property; 102 (12) Other action that the City determines is reasonably sufficient to curtail or 103 eliminate the re-occurrence of nuisance activities on the property. 104 . . . 105 (g) If the City determines during the monitoring period that the Action PlanCorrective 106 Action Plan is not adequate to curtail or eliminate the re-occurrence of nuisance 107 activities on the property, the City may require the property owner to revise the 108 Action PlanCorrective Action Plan. The determination as to whether or not the 109 monitoring period Corrective Action Plan is adequate is in the sole and exclusive 110 discretion of the City, based on the totality of the circumstances for the specific 111 property. 112 {00226455.1306-9001821) C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\TQFSZ5NC\Chronic_Nuisance_Ordinance_Amendment_- May_2018_(00226455xc4b6a).DOCX 4 113 Section 15-116 Refusal To Sign or Violation of Agreement. 114 . . . 115 (b) A request for hearing shall be filed by the Director of Community Standards or 116 designee with the City within 15 days from the deadline for entry into a Nuisance 117 Abatement Agreement or the violation of a provision of the Agreement or Action 118 -PlanCorrective Action Plan. 119 (c) The City shall schedule a hearing before the City's Special Magistrate. The hearing 120 shall be limited to the review of the record or evidence upon which the City based the 121 Declaration of Chronic Nuisance or the failure by the property owner implement the 122 Agreement/Action PlanCorrective Action Plan and any rebuttal offered by the 123 property owner. All testimony shall be under oath and the City and property owner 124 shall be afforded the opportunity to call or cross-exam any witness. 125 (f) After hearing the testimony and evidence, the Special Magistrate shall either uphold 126 or reject (i) the City's Declaration of Chronic Nuisance or (ii) the notice of violation 127 regarding the Action PlanCorrective Action Plan, as appropriate. 128 . . . 129 Section 15-117.5 Change in title to chronic nuisance property. 130 (a) Purchase at judicial sale upon final judgment of foreclosure. Every purchaser of a 131 chronic nuisance property at judicial sale upon final judgment of foreclosure shall 132 provide the City with an Action PlanCorrective Action Plan and implement an Action 133 PlanCorrective Action Plan no later than 45 days from the date of sale. 134 (b) Receivership. Every trustee of a chronic nuisance property appointed after the entry 135 of a chronic nuisance service order shall provide the City with an Action 136 Pl-anCorrective Action Plan and implement the Action PlanCorrective Action Plan no 137 later than 45 days from the date of appointment of receiver in any state or federal 138 action at law. 139 (c) Probate. Every personal representative of an owner of a chronic nuisance property 140 shall provide the City with an Action PlanCorrective Action Plan and implement an (00226455.1 306-9001821} C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IES\TQFSZ5NC\Chronic_Nuisance_Ordinance_Amendment_-_May_2018_(00226455xc4b6a).DOCX 5 141 Action PlanCorrective Action Plan no later than 45 days from the date of appointment. 142 If the owner of the chronic nuisance property died intestate, beneficiaries of the 143 estate shall be required to provide the City with an Action PlanCorrective Action Plan 144 and implement an Action PlanCorrective Action Plan. 145 (d) Other changes in title to chronic nuisance property. An arms-length purchaser of a 146 chronic nuisance property that has purchased the property after entry of a chronic 147 nuisance service order for the property shall have 45 days from the date of closing or 148 recording of the order, whichever occurs last, to provide the City with a proposal to 149 release or modify a Nuisance Abatement Agreement or Action PlanCorrective Action 150 Plan. Until such time as the City agrees to release or modify an Agreement, the 151 Agreement shall be enforceable as provided herein. 152 . . . 153 Section 3. City Staff is authorized to take all steps necessary to effectuate the 154 intent of this ordinance. 155 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of 156 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such 157 conflict. 158 Section 5. Should any section or provision of this Ordinance or any portion 159 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 160 not affect the remainder of this Ordinance. 161 Section 6. It is the intention of the City Commission of the City of Boynton 162 Beach that the provisions of this Ordinance shall become and be made a part of the Code 163 of Ordinances of the City of Boynton Beach, Florida. The Sections of this Ordinance may 164 be renumbered, re-lettered and the word "Ordinance" may be changed to "Section", 165 "Article" or such other word or phrase in order to accomplish such intention. 166 Section 7. This Ordinance shall become effective upon adoption. 167 168 FIRST READING this/9 day of 4t44-4.- , 2018. 169 Ii 170 (00226455.1 306-9001821) C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\TQFSZ5NC\Chronic_Nuisance_Ordinance_Amendment_-_May_20I 8_(00226455xc4b6a).DOCX 6 171 SECOND, FINAL READING AND PASSAGE this /9 i day of ,2018. 172 173 CITY OF BOYNTON BEACH, FLORIDA • 174 175 YES NO 176 177 Mayor- Steven B. Grant 178 179 Vice-Mayor- Christina L. Romelus 180 181 Commissioner - Mack McCray 182 183 Commissioner-Justin Katz 184 185 Commissioner-Joe Casello / 186 187 188 VOTE 189 ATTEST: 190 191 192 193 Jud/6 A. Pyle, CMC /1 194 Cif Clerk 195 196 197 198 (Corporate Seal) • {00226455.1 306-9001821) C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\TQFSZ5NC\Chronic_Nuisance_Ordinance_Amendment_-_May_20I 8_(00226455xc4b6a).DOCX 7