41-89 ORDINANCE NO. 41-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX,
"GENERAL REGULATIONS", CHAPTER 100, "NUISANCE~",
SUBHEADING, "ABATEMENT PROCEDURES", OF T~E CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA~ BY REPEALING SECTION 100.22, "CONTENT
AND FORM OF NOTICE", AND ENACTING A NEW SECTION
199.22, "CONTENT AND FORM OF NOTICE", TO PROVIDE
FOR A NEW NOTICE FORMAT FOR NOTICE OF PUBLIC
NUISANCE, NOTICE OF ASSESSMENT AND NOTICE OF
LIEN; BY REPEALING SECTION 100.24 "ABATEMENT BY
CITY; NOTICE OF ESTIMATED COST", AND ENACTING A
NEW SECTION 100.24, "ABATEMENT BY THE CIT~", TO
PROVIDE FOR A REASONABLE TIME AFTER A HEARING TO
CORRECT A NUISANCE, ELIMINATING THE SEPARATE
SEVEN DAY NOTICE OF ESTIMATED COST BY INCLUDING
THE ESTIMATED COST IN THE FIRST NOTICE OF PUBLIC
NUISANCE AND PROVIDING FOR THE COMBINATION OP
NOTICES OF ASSESSMENT AND LIEN; BY REPEALING
SECTION 100 · 25 "ABATEMENT BID PROCEDURE", AND
ENACTING A NEW SECTION 100.25, "ABATEMENT BID
PROCEDURE", TO PROVIDE THAT. THE CIT~ SHALL SEEK
COMPETITIVE BIDS NO LESS THAN YEARLY ACCORDING
TO THE CITY' S NORMAL BIDDING, PURCHASING AND
CONTRACT/NG PRACTICES; BY REPEALING SECTION
100 · 26, "BIDDING AND CONTRACTING PROVISION
PREEMPTIVE"; BY REPEALING SECTION 100.27
"ASSESSMENT OF COSTS, INTER~.RT AND ATTORNEY.' S
FEES; LIEN" AND ENACTING A NEW SECTION 100.26,
"ASSESSMENT OF COSTS, INTEREST AND ATTORNEY' S
FEES; LIEN", TO PROVIDE FOR THE COMBINING OF THE
NOTICE OF ASSESSMENT AND NOTICE OF LIEN AND
PROVIDING THAT SAID LIEN SHALL BE RECORDED
WITHOUT FURTHER NOTICE IF PAYMENT IS NOT
RECEIVED WITHIN 30 DAYS AFTER THE MAILING OF THE
NOTI CE OF ASSESSMENT; BY REPEALING SECTION
100.28, "ENFORCEMENT OF ASSESSMENT" AND ENACTING
A NEW SECTION 100.27, "ENFORCEMENT OF ASSESS-
MENT; PRIORITIES OF LIEN", TO PROVIDE REMEDIES
OF ENFORCEMENT AND TO PROVIDE FOR THE
SUPERIORITY OF SAID LIENS, AS PROVIDED BY
C}~APTER 25786, LAWS OF FLORIDA, SPECIAL ACT OF
1949 AS AMENDED, PROVIDING A SAVING CLAUSE;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFO~ BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "General Regulations", Chapter
100 "Nuisances", subheading, "Abatement Procedures", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by repealing Section 100.22, "Content and Form of
Notice", and enacting a new Section 100.22, "Content and Form of
Notice", to read as follows:
(A) The notice provided for in Section 100.21, shall
notify the owner of the land of the following:
(1) It has been detern%ined that a public nuisance
exists on the land, and what constitutes that
nuisance.
The owner of the land shall have ten days, (42
days in the case of violation of Section 100.04
pertaining to seawalls) from the date of the
notice to remove the condition causing the
nuisance on the land.
(3) If the conditions are not corrected or removed,
the City shall have them corrected or removed
at the expense of the owner, including all
costs of inspection and administration.
(4) The initial notice of public nuisance violation
~hall include the estimated cost of removal by
the City exclusive of interest, collection
costs or attorney's fees.
(5) The owner shall have ten days from the date of
the notice of public nuisance to file a written
petition to the City Manager or his designee
for a hearing before a three-person board which
shall be composed of the City Manager, the
Director of Public Works or the City Engineer,
and the Director of Parks and Recreation, or
their designees,- which hearing shall be held
within ten days of the date that the petition
is received by the City Manager.
{6) The issues to be determined at the hearing are
whether the conditions do in fact exist and why
the conditions should not be abated by the City
at the expense of the owner, and the time
limits for the abatement. The source of the
condition shall not be a defense against the
requirement that the condition shall be abated
by the owner.
(7~ If after a public hearing the board determines
that the conditions which exist on a property
constitute a public nuisance, the owner of the
property shall have a reasonable time, as
determined by the board, to correct or remove
the conditions after which the City shall have
the right to have the conditions abated at the
expense of the property owner. If the owner
has not requested a hearing within ten days,.
the City shall have the right to have the
objectionable condition corrected or removed at
the expense of the owner. If the City has the
condition abated and payment is not received
within 30 days after the mailing of a notice of
assessment for the cost of the work together
with all costs of inspection and administra-
tion, the City shall have a lien placed against
the property for the cost of the work, includ-
ing inspection and administrative costs, plus
interest at the rate of 8%, plus reasonable
attorney's fees, and other costs of collecting
the sums without further hearing by the board
or Commission and without further notice of the
recording of said lien.
2 ORD. NO. 41-89
(B) -The notice required by Section 100.21 shall be in substan-
tially the following form:
CITY OF DELRAY BEACH
CODE ENFORCEMENT DIVISION
NOTICE OF PUBLIC NUISANCE
Date
NA
DMSION CASE NUMBER
NOTICE DATE
EXPIRATION DATE!
TO:
ADDRESS:
Our records indicate that you are the owner(s) of the following
property in Delray Beach, Florida:
VIOLATION ADDRESS:
LEGAL DESCRIPTION:
PROPERTY I.D. NO.
You are hereby notified that the city manager or his designated
representative of the City of DelrayBeach, Florida, has on the
day of , 19 , determined that a nuisance exists on your
property in violation of section of the City of Delray Beach
Code of Ordinances. The nuisance is more particularly described as
follows:
() Weeds and/or other ground vegetation have reached a height
of 12" or more. Section 100.01 (A) (1) (2)
() Existence of garbage, litter, trash, debris. Section 100.01
(A) (1)
() Vegetation imparing or interfering with traffic safety.
Section 100.01 (B)
{) Vegetation interfering with streetlights, signs, sidewalks
or other public improvements. Section 100.01 (C)
() Alleyway, Easement or Right-of-Way maintenance. Section
100.01
() Other:
Section
This notice does not pertain to the trimming, clearing or removal of
MANGROVES since they are protected by Ordinance 81-18 of Palm Beach
County, Florida.
3 ORD NO. 41-89
CORRECTIVE- ACTION REQUIRED:
MOW: [] Property REMOVE TRASH: [] On property
[]-Between property line [] Between property
and street (right-of-way) line and street
(right-of-way)
[] Alley area to center [] In alley to
center
TRIM: [] Vegetation interfering OTHER: [] See above
with street, or alley,
or signs
The ESTIMATED cost (not including costs of inspection, adminis-
tration, collection, interest and attorney's fees) for the City to
correct and remove the nuisance is:
[] 0 - $100 [] $301 - $600
[] $101 - $300 [] $601 - $1,000 []Other
You, as the owner(s) of the above-describe~ property have ten
(10) days from the date of this notice {forty-two {42) days in the
case of a violation of Section 100.04 pertaining to sea walls), to
correct or remove the condition causing the nuisance from the
property in order to comply with the above-referred to City
Ordinance.
FINAL DATE TO CORRECT: CODE ENFORCEMENT OFFICER:
If you have any questions call - .
If the conditions are not corrected or removed within this
time, the City of Delray Beach will proceed to correct or remove the
conditions at the expense of the owner(s) of the property, which
expense shall include the actual costs of abatement and the costs of
inspection and administration.
YOU ALSO HAVE THE RIGI{T, WITHIN TEN (10) DAYS FROM THE DATE OF
THIS NOTICE, TO FILE A WRITTEN PETITION WITH THE CITY MANAGER OR HIS
REPRESENTATIVE FOR A HEARING BEFORE A THREE-PERSON BOARD COMPOSED OF
T~E CITY MANAGER, THE DIRECTOR OF PUBLIC WORKS, OR CITY ENGINEER,
AND THE DIRECTOR OF PARKS AND RECREATION, OR THEIR DESIGNEES, WHICH
HEARING S~kLL BE HELD WITHIN TEN (10) DAYS OF THE DATE THE PETITION
IS RECEIVED BY T~E CITY MANAGER.
The issues to be determined at said hearing are whether the
conditions do in fact exist and why the conditions should not be
abated by the City at the expense of the owner, and the time limits
for such abatement. The source of the condition shall not be a
defense against the requirement that the condition shall be abated
by the owner.
If after a hearing the board determines that the conditions
that exists on the property constitute a public nuisance the
owner(s) of the property shall have a reasonable time, as determined
by the board, to correct or remove the conditions after which the
City shall have the right to have the conditions abated at the
expense of the property owner. IF THE OWNER HAS NOT REQUESTED A
HEARING WITHIN TEN (10) DAYS, THE CITY SHALL HAVE ~ RIGHT TO HAVE
THE OBJECTIONABLE CONDITION CORRECTED OR REMOVED AT THE EXPENSE OF
THE OWNER. IF THE CITY HAS THE CONDITION ABATED AND PAYMENT IS NOT
RECEIVE/~ WITHING THIRTY (30) DAYS APTER THE MAILING OF A NOTICE OF
ASSESSMENT FOR THE ACTUAL COST OF SUCH WORK TOGETNRR WITH ALL COTTS
OF INSPECTION AND ADMINISTRATION, THE CIT"F SHUNT. HAVE A LIEN PLACED
4 ORD NO. 41-89
AGAINST THE PROPERTY FOR THE ACTUAL COST OF THE WORK, INSPECTION AND
ADMINISTRATIVE COSTS, PLUS INTEREST AT THE RATE OF EIGHT PERCENT
(8%), PLUS REASONABLE ATTORNEY'S FEES, AND OTHER COSTS OF COLLECTING
SAID SUMS WITHOUT FIfRTHER HEARING BY THE BOARD OR T~E CITY COMMISS-
SION, AND WITHOUT FURTHER NOTICE TO THE PROPERTY OWNER.
CITY OF DELRAY BEACH
By
Section 2. That Title IX, "General Regulations", Chapter
100, "Nuisances", subheading, "Abatement Procedures", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by repealing Section 100.24 "Abatement by the City;
Notice of Estimated Cost" and enacting a new section 100.24, "Abate-
ment by the City", to read as follows:
(A) If after a hearing, as provided for in Section~:
100.23, the board determines that the conditions
which exist on the property constitute a ~blic
nuisance, the owner of the property shall have a
reasonable time, as determined by the board, to
remove or correct the conditions, after which the
city, through the city administration or agents or
contractors hired by the city administration, shall
have the right to have the conditions abated at the
expense of the property owner. If the owner has not
requested a hearing within ten (10) days, the city,
through the city administration or agents or con-
tractors hired by the city administration, shall
have the right to have the objectionable condition
corrected or removed at the expense of the owner.
If the city has the condition abated and payment is
not received within thirty (30) days after the
mailing of a notice of assessment for the work
together with all costs of inspection and adminis-
tration, the city shall file a lien against the
property for the actual cost of the work, inspection
and administration costs, interest at the rate of
eight percent (8%), plus reasonable attorney's fees,
and other costs of collecting the sums, without
further hearing by the board or the city commission,
and without further notice to the property owner.
(B) Nothing herein shall be construed to prevent the
city administration from exercising its discretion
to increase or decrease charges based on costs or
bid considerations or utilizing means other than
that contemplated, in the notice provided for in this
section to abate the condition violative of this
chapter.
Section 3. That Title IX, "General Regulations", Chapter
100, "Nuisances", subheading, ".Abatement Procedures", of the Code of
Ordinances .of the City of Delray Beach, Florida, be, and the same is
hereby amended by repealing Section 100.25, "Abatement Bid Proce-
dure'', and enacting a new Section 100.25, ".kbatement Bid Procedure",
to read as follows:
A) The city shall obtain competitive bids pursuant to
the City's normal bidding, purchasing and contracting
requirements at intervals no less than yearly for services
entailed in carrying out the abatement of nuisances under
this chapter. The successful bidder shall be required to
provide insurance and bonding as the city deems advisable.
5 ORD NO.41-89
Section 4. That Title IX, "General Regulations", Chapter
100, "Nuisances", subheading, "Abatement Procedures", Section
100.16, "Bidding and Contracting Provisions Preemptive", of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby repealed.
Section 5. That Title IX, "General Regulations", Chapter
100, "Nuisances", subheading, "Abatement Procedures", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by repealing Section 100.27, "Assessment of Costs,
Interest, and Attorney's Fees; Lien", and enacting a new Section
100.26, "Assessment of Costs, Interest, and Attorney's Fees; Lien"
to read as follows:
As soon after the abatement as feasible,, the City Manager
shall report to the City Commission the cost o~ the
abatement, including the cost of inspection and ad~nis-
tration. Thereafter, the Commission shall by resolution
assess the cost against the subject parcel. This resolu-
tion shall describe the property assessed, show the actual
cost of abatement, costs of inspection and administration,
and indicate that the assessment shall bear interest at
the rate of 8% per annum plus, if collection proceedings
are necessary, that the property owner would be required
to pay the cost of the proceedings including a reasonable
attorney's fee. This resolution shall become effective 30
days from the date of adoption, and the assessment con-
tained therein shall become due and payable 30 days after
the mailing date of the notice of assessment. In the
event that payment has not been received within 30 days
after the mailing date of the notice of assessment, the
City Clerk shall record a certified copy of the resolution
in the public records of the County, and file a lien on
the property, which shall become effective on the subject
property to secure the actual costs of abatement, costs of
inspection and administration, collection costs, and a
reasonable attorney's fee without further notice to the
property owner. At the time the City Clerk sends the
notice of assessment, the following notice shall also be
mailed to the property owner in substantially the follow-
ing form:
NOTICE OF LIEN
Date
TO:
ADDRESS:
You are hereby advised that the City of Delray Beach did on or
about the day of , 19 , abate the nuisance which was
found to exist on your property. The nuisance was abated at a cost,
including costs of inspection and administration, of
In accordance with City ordinances, if the required payment is not
received within thirty (30) days of the date of mailing this notice
of assessment, a lien shall be recorded against your property in the
form of the attached resolution, and NO FURT~RR NOTICE OF LIEN SHALL
BE SENT PRIOR ~qND RECORDING A LIEN ON YOUR PROPERTY. Please take
notice that the resolution, in addition to the original cost of the
abatement, requires payment of eight percent (8%) interest per annum
and the cost of collection includes a reasonable attorney's fee.
6 ORD NO. 41-89
When the City of Delray Beach has received payment for such lien,
the City Manager or his designated representative shall execute a
release thereof to remove the lien from your property, the recording
costs of which shall be be borne by you. The City may enforce the
assessment by either an action at law or foreclosure of the lien,
provided in Section 100.26 which shall be foreclosed in the same
manner as mortgages are foreclosed under state law. In either type
of action, the City shall, be entitled to interest at the rate of 8%
from the date of assessment, collection costs and reasonable
attorney's fees. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY
TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS Ah~D ENCUMBRANCES,
INCLUDING MORTGAGES, AS PROVIDED BY CHAPTER 25786, LAWS OF FLORIDA,
SPECIAL ACT OF 1949, AS AMENDED.
CITY OF DRLRAY BEACH ~
By
City Clerk
Section 6. That Title IX VGeneral Regulations", Chapter
100, "Nuisances", subheading, "Abatement and Procedures" of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended by repealing Section 100.28, "Enforcement of
Assessment", and enacting a new Section 100.27, "Enforcement of
Assessment; Priority of Lien", to read as follows:
The city may enforce the assessment by either an action at
law or foreclosure of the lien provided in Section 100.26,
which shall be foreclosed in the same manner as mortgages
are foreclosed under state law. In either type of action,
the City shall be entitled to interest at the rate of 8%
from the date of assessment, collection costs and reason-
able attorney's fees. Such liens shall be on parity with
general city taxes and shall have priority over all other
liens and encumbrances, including mortgages, as provided
by Chapter 25786, laws of Florida, Special Act of 1979, as
amended.
Section 7. That should any section or revision of this
ordinance or any portion thereof, any paragraph, sentence, or word
be declared by court of competent jurisdiction to be invalid, such
decision shall not effect the validity of the remainder hereof as a
whole or a part thereof other than the part declared to be invalid.
Section 8. That all ordinances or parts of ordinances in
conflict herewith be the same and are hereby repealed.
Section 9. That this ordinance shall become effective
immediately on passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this 25th day of July , 1989.
MAYOR
ATTEST:
Cit~Clerk
First Reading July 11, 1989
Second Reading July 25, 1989
7 ORD. NO. 41-89