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19-041 1 2 ORDINANCE NO. 19-041 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING PART II, CHAPTER 15. OFFENSES-MISCELLANEOUS 6 OF THE CODE OF ORDINANCES, AND CHAPTER 1, ARTICLE I. 7 GENERAL PROVISIONS AND CHAPTER 3, ARTICLE I. OVERVIEW 8 OF PART III OF THE CODE OF ORDINANCES (I.E. LAND 9 DEVELOPMENT REGULATIONS) DECLARING THAT WHEN 10 THERE IS A CONFLICT BETWEEN MEASURES OF A CHRONIC 11 NUISANCE CORRECTIVE ACTION PLAN AND THE LAND 12 DEVELOPMENT REGULATIONS, THE MEASURES OF A CHRONIC 13 NUISANCE CORRECTIVE ACTION PLAN SHALL PREVAIL; 14 PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS, 15 AND AN EFFECTIVE DATE. 16 17 WHEREAS, a Chronic Nuisance Corrective Action Plan is prepared by the City for a 18 Nuisance Abatement Agreement, and agreed to by the property owner; and 19 20 WHEREAS, the Chronic Nuisance Corrective Action Plan contains the measures 21 required to be taken by the property owner to eliminate nuisance activity on the owner's 22 property; and 23 24 WHEREAS, a Chronic Nuisance Corrective Action Plan could involve landscape 25 removal for visibility purposes, and/or the securing of the property with fencing to control 26 access; and 27 28 WHEREAS, since conflicts between the Chronic Nuisance Corrective Action Plan 29 measures and the Land Development Regulations may be unavoidable, the proposed 30 amendments establish that measures in a Chronic Nuisance Corrective Action Plan shall prevail 31 if in conflict with the regulations or procedures adopted within Part III of the Code of 32 Ordinances. 33 34 NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF THE 35 CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 36 37 SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being 38 true and correct and are hereby made a part of this Ordinance. 39 40 SECTION 2. Amendment of City Code. Part II, "Code of Ordinances", Chapter 15, 41 "Offenses-Miscellaneous", Section 15-115 is hereby amended as follows: 42 43 Sec. 15-115. Declaration of chronic nuisance; Corrective Action Plan. 44 (a) If a pattern of nuisance activity exists upon real property,the City may declare the 45 property to be a chronic nuisance property. The City's Declaration of Chronic Nuisance shall CODING: Words in stfilEetcheugh type are deletions from existing law; Words in underlined type are additions. 1 46 be sent to the property owner by hand delivery or certified mail, return receipt requested,to 47 the address listed on the ad valorem tax roll. The City's Declaration of Chronic Nuisance 48 constitutes a Notice of Violation which, if unaddressed in an executed Nuisance Abatement 49 Agreement, may be prosecuted by the City before the City's Special Magistrate. 50 (b) Mailing to the property owner at the address listed on the ad valorem roll shall be 51 prima facie proof of delivery. Notice shall also be posted at the property where the nuisance 52 activities occurred. Removal of the posted Notice without written approval from the City is 53 prohibited. The Declaration of Chronic Nuisance shall be sent with at least the following 54 information: 55 (1) A reference to chapter 15, article XIII (the "City of Boynton Beach Chronic Nuisance 56 Property Code"); 57 (2) The address and parcel control number of the property; 58 (3) The dates that the nuisance activities occurred at the property; 59 (4) A description of the nuisance activities; 60 (5) A proposed Nuisance Abatement Agreement which outlines the corrective action to 61 be taken by the property owner to remedy the nuisance activity; 62 (6) A statement that the property owner's failure to enter into the Nuisance Abatement 63 Agreement within fifteen (15) days of the Declaration of Chronic Nuisance will result in a 64 violation of this article and further prosecution and 65 (7) A statement that the costs of any chronic nuisance services provided by the City to a 66 property that has been declared to be a Chronic Nuisance may be levied against the property 67 as a non-ad valorem assessment superior to all other private rights, interests, liens, 68 encumbrances, titles and claims upon the property and equal in rank and dignity with a lien 69 for ad valorem taxes; and 70 (8) A statement that unpaid assessments may be certified to the tax collector for 71 collection pursuant to the uniform method provided in F.S. § 197.3632. 72 (9) A warning that the posted notice cannot be removed except with written permission 73 from the City. 74 (c) A Nuisance Abatement Agreement shall set forth a Corrective Action Plan with 75 specific measures that the property owner must take to curtail or eliminate the reoccurrence of 76 nuisance activities at the property. The Nuisance Abatement Agreement shall contain a 77 I timetable for corrective action. The Corrective Action Plan may include abatement measures 78 which must be taken by the property owner such as: 79 (1) Commencement of an eviction action by the property owner pursuant to F.S. Chapter 80 83 to remove from the property those individuals engaged in the nuisance activity; 81 (2) Implementation of"crime prevention through environmental design" (CPTED) 82 measures; CODING: Words in strilEetr-iteugh type are deletions from existing law; Words in underlined type are additions. 2 83 (3) Frequency of site visits and inspections by the owner or owner's agents at various 84 times of both day and night; 85 (4) Hiring of property management; 86 (5) Hiring of private security; 87 (6) Installation of security cameras; 88 (7) Use of a written lease agreement which delineates prohibited tenant or tenant invitee 89 conduct; 90 (8) Criminal background checks for prospective tenants and lease renewals; 91 (9) The operator must post "no trespassing" signs at the property and execute a "no 92 trespass affidavit" authorizing the police department to act as an agent of the property owner 93 to enforce trespass statutes on the property; 94 (10) The operator must make regular requests to the police and fire departments for 95 offense and incident reports relating to the property. Reports are available through the records 96 division; 97 (11) Written documentation of any and all efforts to curtail or eliminate the reoccurrence 98 of nuisance activities on the property; 99 (12) Other action that the City determines is reasonably sufficient to curtail or eliminate 100 the re-occurrence of nuisance activities on the property. 101 (d) The Corrective Action Plan may require measures that conflict with the Land 102 Development Regulations (LDR), Chapters 1 through 4. Where measures of the Plan conflict 103 with the LDR, the measures specified in the Plan shall control. Further, site plan review shall 104 not be required to implement the Corrective Action Plan. 105 (de) The City may agree to modify the proposed or finalized Nuisance Abatement 106 Agreement when the property owner demonstrates that modification will improve nuisance 107 abatement action. 108 (el) When a Nuisance Abatement Agreement is entered into, a memorandum of agreement 109 specifying the property address shall be recorded by the City in the official records of Palm 110 Beach County Florida. 1111 (fg) The City will periodically monitor the property to assure compliance for a period of 112 one (1) year following execution of the Agreement. If the property owner complies with the 113 Agreement, as determined by the City, the Declaration of Chronic Nuisance will be rescinded, 114 the City will issue and record a Notice of Compliance related to the Memorandum of 115 Agreement that was previously recorded, and no further action by the property owner shall be 116 required. The City may require the property owner to enter into a new Agreement if a 117 nuisance activity re-occurs. 1118 (gh) If the City determines during the monitoring period that the Corrective Action Plan is 119 not adequate to curtail or eliminate the re-occurrence of nuisance activities on the property, 120 the City may require the property owner to revise the Corrective Action Plan. The CODING: Words in striketrclieugk type are deletions from existing law; Words in underlined type are additions. 3 121 determination as to whether or not the Corrective Action Plan is adequate is in the sole and 122 exclusive discretion of the City, based on the totality of the circumstances for the specific 123 property. 124 125 126 SECTION 3. Amendment of Land Development Regulations. Part III, "Land 127 Development Regulations", Chapter 1, Article 1 "General Provisions", Section 8 is hereby 128 amended as follows: 129 Sec. 8. Ordinances Not Affected by Regulation. 130 Nothing in this Regulation or the ordinance adopting this Regulation shall be construed to 131 repeal or otherwise affect the validity of any of the following when not inconsistent with this 132 Regulation: 133 A. Any ordinance promising or guaranteeing the payment of money for the city, or 134 authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness; 135 B. Any appropriation ordinance or ordinance providing for the levy of taxes or for a 136 budget; 137 C. Any ordinance annexing territory to the city or excluding territory as a part of the city; 138 D. Any ordinance granting any franchise, permit or other right; 139 E. Any ordinance approving, authorizing, or otherwise relating to any contract, agreement, 140 ease, deed or other instrument; 141 F. Any administrative ordinance not inconsistent with this Regulation; 142 G. Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, 143 widening, vacating or repairing any street or public way or lawfully established bulkheads or 144 bulkhead lines; 145 H. Any ordinance regulating, restricting or prohibiting traffic on particular streets or in 146 particular localities; 147 I. Any ordinance prescribing the street grades of any street in the city; 148 J. Any ordinance providing for local improvements or making assessments therefore; 149 K. Any ordinance dedicating or accepting any plat or subdivision in the city; 150 L. Any ordinance zoning or rezoning specific property; 151 M. Any ordinance providing for the compensation of officers and employees; and 152 _ N. Any temporary or special ordinance. 153 0. Any ordinance establishing or amending the Chronic Nuisance Property Code including 154 requirements necessary to implement corrective actions,regardless of conflict. CODING: Words in strilEetrh ugh type are deletions from existing law; Words in underlined type are additions. 4 155 All such ordinances are hereby recognized as continuing in full force and effect to the same 156 extent as if set out at length herein. 157 SECTION 4. Amendment of Land Development Regulations. Part III, "Land 158 Development Regulations", Chapter 3, Article 1 "Overview", Section 5 is hereby amended as 159 follows: 160 161 Sec. 5. Relationship to Adopted Plans, Guidelines or Other Regulations. 162 When the adopted Comprehensive Plan for the city, adopted plans for the development or 163 redevelopment of particular areas of the city or adopted design guidelines include policies 164 which impose limitations or requirements on the use or development of property generally or 165 for specific properties, which are more restrictive than those set forth in these zoning 166 regulations, including district regulations and use provisions, including policies which limit 167 the type or intensity of use of property, residential densities, or the height, setbacks, bulk, or 168 design of structures, or site design,the more restrictive limitations or requirements set forth in 169 such adopted guidelines or plans shall supersede the provisions of these zoning regulations. 170 When other use or development regulations are more restrictive than those set forth in these 171 zoning regulations, or in the case of conflict between specific provisions contained in these 172 zoning regulations, including regulations which limit the type or intensity of use of property, 173 residential densities, the height, setbacks, bulk, or that regulate site design, the more 174 restrictive regulations shall apply. Further, when the regulations within this Chapter are in 175 conflict with any corrective measures necessary in resolving chronic nuisance cases pursuant 176 to Chapter 15 of Part II. Code of Ordinances, the corrective measures shall control. 177 In interpretation and application of these Regulations, the provisions herein shall be held to 178 be the minimum requirements for the promotion of the public health, safety, morals and 179 general welfare of the community. It is not the intent of these Regulations to interfere with, 180 abrogate, or annul any easements, covenants, or other agreements between parties. However, 181 in instances when these Regulations imposes a greater restriction upon the use of buildings or 182 premises or upon the height of buildings, or requires larger open spaces than are imposed or 183 required by other ordinances, rules, regulations or by easements, covenants or agreements,the 184 provisions of these Regulations shall control; furthermore, these Regulations shall not be 185 construed to supersede any special act of the legislature relative to the subject matter of these 186 Regulations. If, because of error or omission in the zoning map, any property in the city is not 187 shown as being in a zoning district,the classification of such property shall be R-1-A single- 188 family, unless changed by amendment to these Regulations. 189 190 191 SECTION 5. Codification and Reservation of Rights. This Ordinance shall be incorporated 192 into the Boynton Beach City Code. Any section, paragraph number, letter and/or any heading 193 may be changed or modified as necessary to effectuate the foregoing. Grammatical, 194 typographical and similar or like errors may be corrected, and additions, alterations, and 195 omissions not affecting the construction or meaning of this ordinance and the City Code may 196 be freely made. Adoption and codification of this ordinance does not waive the city's right to 197 contest or otherwise challenge the constitutionality validity, enforceability, and effectiveness CODING: Words in strilcetFlleugh type are deletions from existing law; Words in underlined type are additions. 5 198 of the Act or any part thereof and the city hereby reserves the right to contest and otherwise 199 challenge the Act. 200 201 SECTION 6. Severability. If any section, subsection, sentence, clause, phrase, word or 202 provision of this ordinance is for any reason held invalid or unconstitutional by any court of 203 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 204 shall be deemed a separate,distinct and independent provision,and such holding shall not affect 205 the validity of the remaining portions of this ordinance. 206 207 SECTION 7. Conflicts. In the event of a conflict or conflicts between this Ordinance and 208 any other ordinance or provision of law,this Ordinance controls to the extent of the conflict, as 209 allowable under the law. 210 211 SECTION 8. Effective date. This Ordinance shall become effective immediately upon 212 adoption by the City Commission of the City of Boynton Beach, Florida, and shall apply to all 213 existing and future applications for permits. 214 215 FIRST READING this Tklay of NoVe „r , 2019. 216 217 SECOND, FINAL READING AND PASSAGE this 301 day of of- , 218 2019. 219 220 CITY OF BOYNTON BEACH, FLORIDA 221 222 YES NO 223 224 Mayor—Steven B. Grant 225 226 Vice Mayor—Justin Katz ✓ 227 228 Commissioner—Mack McCray ✓ 229 230 Commissioner—Christina L. Romelus ✓ 231 232 Commissioner—Ty Penserga 233 234 235 VOTE S O 236 ATTEST: 237 » 238 <C' •r- OOR.4 A/11,4_ • 239 �i/A/) 1,4_ . 240 C /tal Gibson, MMC r • 1,41 241 City Clerk 242 v • t 1920 µ' ;-, � 243 (Corporate Seal) 43 1 • ,Y CODING: Words in sEr etr-lieugh typ`e.a,re sk f ring law; Words in underlined type are a'dc4o"`\`b`,_