O68-11ORDINANCE NO. 68 - 11
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING CHAPTER 13 OF THE CODIFIED
ORDINANCES OF SAID CITY, PROVIDING FOR RES-
PONSIBILITY OF OWNERS, AGENTS AND OTHERS FOR
KEEPING PREMISES FREE FROM GARBAGE, TRASH
AND OTHER FOREIGN MATERIAL; PROVIDING FURTHER
FOR NOTICE OF VIOLATION FOR FAILURE TO DO SO
AND PROVIDING CONSTRUCTIVE NOTICE OF ASSESS-
MENT AND LIEN AGAINST REAL PROPERTY IN THE
COURSE OF ENFORCEMENT OF SAID PROVISIONS;
FURTHER PROVIDING FOR REPEALING PROVISIONS,
SAVINGS CLAUSE, AUTHORITY TO CODIFY, PENALTY
PROVISIONS, AN EFFECTIVE DATE AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL, CITY OF BOYNTON BEACH,
FLORIDA:
Section 1: That Chapter 13 of the Codified Ordinances of the City
of Boynton Beach, Florida, pertaining to garbage, trash and weeds shall be
amended by adding thereto Sections 13-15 and 13-16, which shall read as
follow s:
"Section 13-15 - Responsibility of Owners and Agents:
(a) The owners or agents, tenants or lessees of all improved
property, including residential homes, rental units, commercial
establishments and/or industrial establishments, shall be
responsible under the law for complying with the provisions of
this ordinance. In every multiple dwelling occupied by three (3)
families or more in which the owner does not reside, there shall
be a responsible person or persons designated as such by the
owner. The owners, agents, tenants or lessees shall be
severally and jointly responsible for seeing that the following
areas are free from garbage and trash and any foreign material,
said areas to include the entire premises as well as the yards
and one-half of the alley, street and/or easement adjoining such
dwelling; provided however, that this section shall not apply to
the owners or agents, if such owners or agents shall be able and
will point out to the delegated city authority any person or person~
who have caused the unsanitary-forbidden condition and provided
that such owner or agent or any other witness he may produce sha
execute an affidavit to this effect and the affiant in such cases
shall thusly become the voluntary witness for the City of Boynton
Beach in its proceedings against such person or persons.
(b) Notice of Violation. Issuance of warnings either verbally
or in writing to property owners, their agents, tenants or lessees
wherever violations of Sec. 13-15 are found shall give the
violators twenty-four (24) hours within which to correct the
violation and shall state the peanlty for non-compliance. Re-
inspection twenty-four hours later of the premises where
warnings of violations have been given which reveal the continuing
violation shall result in the owner, agent, lessee and/or tenant
receiving a summons requiring the aforesaid person or persons
so responsible to appear at a stated date and time in the court of
proper juris diction.
Section 13-16 - Design. ation of enforcement officer; powers and
duties; ab..atement of nuisances generally_i:
The City Manager shall designate a trash and weed ordinance
enforcement officer who shall, as often as may be necessary,
inspect lands within the City to discover violations of this
article. If the enforcement officer shall determine that a
nuisance exists on any lands within the City, he shall forthwith
notify the person designated as the owner of the property on the
records of the Oity Tax Assessor of such nuisance and direct
him to abate the nuisance within ten (10) days of the date of such
notice. Such notice shall be considered effective upon execution
of a return receipt indicating that said notice by mail has been
accepted at said person's address or by posting a copy of said
notice on the property determined to be such a nuisance and by
publishing said notice one time in a newspaper of general cir-
culation in the City of Boynton Beach~ Florida. Unless within
such ten day period the owner shall abate the nuisance or file
his appeal to the City Council in the manner provided in this
article, the enforcement officer shall cause the nuisance to be
abated by the City's employees, servants, agents or contractors
who shall be authorized to enter upon the property and take such
steps as are reasonably required to effect abatement. There-
after, the enforcement officer shall report the cost of abatement
to the City Council and the City Council shall, by resolution,
provide that the cost of abatement is a lien against the property
on which the nuisance is abated, of equal dignity with taxes for
the year in which such expenditure was incurred."
Section 2 - Auth.or_~ty to Codify[ Specific authority is hereby
granted to codify and incorporate this Ordinance in the City's existing Code.
Section 3 - Separability: Each of the provisions of this Ordinanc~
are separable, including word, clause, phrase, or sentence, and if any
portion hereof shall, by a Court of competent jurisdiction, be declared invalid
the remaining portion shall not be affected but shall remain in full force and
effect.
Section 4 - Repealing Provision: All Ordinances or parts of
Ordinances in conflict herewith are hereby repealed.
Section 5 - Penalty Provisions: Any person, firm or corporation
convicted of violating the provisions of this Ordinance, shall, upon conviction,
be fined by a fine not exceeding Five Hundred ($500.00) Dollars or imprison-
merit not exceeding ninety (90) days, or both such fine and imprisonment.
Each day upon which a violation exists or continues shall be deemed a
separate and distinct offense.
Section 6 - Effective Date: This Ordinance shall become effecti
e
in the manner and at the time provided in the charter and Ordinances of the
City of Boynton Beach,
A. D, 1968.
Florida.
First reading this~day of !~ail]~' , A.D. 1968.
Second, final reading and passage lhis ~.day of ~
ATTEST:
City Clerk
CITY OF BOYNTON BEACH, FLORID7
C ouncilm an
Councilman
SEAL