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
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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;
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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
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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.
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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
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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-
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239 �i/A/) 1,4_ .
240 C /tal Gibson, MMC r • 1,41
241 City Clerk
242 v •
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243 (Corporate Seal)
43 1 • ,Y
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