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81-89 ~2~ ~'~'.~;~.~N~:._-'"-'~' '?? THE CiTY CO~.~ii$SiON OF ~E... CI~f OF DE~A'J ~EAC!q, FI.O~iDA, A~NDING TITLE III, "~MINIS- TPATION" "~ER.... .... ~. ~ "~-.~'_ BEACH CODE E~1FORCE- ... ~' QRD[N;d:CES OF THE C~ff OF ~,~E}~T", ~= THE 3'3DE OF ~ELRAY BEACH =' ~'- ~'~ A?E~DING SECTION 37 02, ~FORCE~T CV CERTAT~ CODES AL~HORIZ~ TO PROVIDE ~AT THE CODE ENFCRY~__~ ~D ~= '' _- ~..A~ -HAVE CONC~- - "~'~*' - .... CASES ......... 'IN V!OLA~ONS OF ~ ~ ALL NON-CRImINAL CI~ CODES BY ~DING SECTION 37 03, "~,~=T-~-~T~" ~, PROVIDE FOR ~E rEFYNITTON OF REPEAT VSOLATION, BY REPEALING ~E DEFINSTTON OF "NOTIFICATION OR %~I~ N~IFIm-~A.iu~" ~D ENACTING A DEFINITION OF "NOTICE N~IFICATION OR ~ITT~ NOTIFICATION", BY AMF~DING SL~SECTION 37.39(!)(3) TO CL~I~ ~AT EVIDENCE MAY BE SUB~E- NAED TO BO.~D HE~INGS BY ~ACTING A NEW SEC~ON 37.4l(B] TO PROUIDE FOR RECORDATION OF CODE ENFORCE- MENT BOA~ ORDERS IN ~E PUBLIC RECORDS OF PA~ BEACH CO~f; BY REPEALING SECTION 37.42, "FINES FOR NON-COMPLI~CE WI~ BO~ ORD~S", BY ?~ACTING A N~ SECTION 37.42, "FINES FOR NON-COMPLI~CE WITH BO~D OP~S", TO PROVIDE FINES FOR VIOLATORS ~ REPOT VIOLATORS ~ EST~LiS~4~ OF LS~S, ~D FO~CLOS~E OF L!ENS~ B*'f ~ING SECTION 37.43, "D~TION OF L!~S", PROVIDING ~T CODE ~FORC~NT ~.~ LI~S ~T · BE ' ~ ......... ~...ABLE FOR 20 YEARS ~D PRO~.~IDING FOR ~E RECOV~Y OF COST ~D A~O~EY'S FEES UPON FORECLO- SURE, BY ENACTING A NEW SECTION 37.45, "SUPPL~~ CODE ~FORC~ PROCEDURES" TO PROVIDE FOR S~PLE- MENTAL CODE ENFORCEMENT ~ROUGH THE CREATION OF CIVIL INFECTION CITATIONS WI~ JL~iSDiCTION FOR F~FORC~ TN ~E CO'~ CO~TS, EST~LISHING PROCED~ES ~ ~ENALTi ES ~EREFOR: P~OVTDING A SAVING C~%USE; PROVIDING A GE~L REPEAL~ CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE ET O~AINED BY ~E CI~ CO~ISSION OF ~E CI~ OF DEL~Y B~ACH, FLORIDA, AS FOLLOWS: Section 1. That Title II!, "A~inistration", Chapter ~7, "Delray Beach Code Enforcement", of the C~e Ordinances of the City of Delray Beach, Florida, be and s~e is hereby ~ended by ~mending Section 37.02 of the Code of Ordinances of the City of Delray Beach, Florida to read as follows: ~e Code Enforcement Board shall, as described in 37.01 above, ~ave concurrent jurisdiction to hear and decide cases involv- ing alleged violations which are not criminal in nature where a pendinD or repeated ' ~ ~; v~o,a,.on eom~mues -~ -e~s%, of the ff~%%ew%~D city codes, as they now _xzs~. or they may be ~ended by ordinance from time to time, has been co~itted. ~H~--Shap~e~.-~9.-See~ak~ma~-B~eemses-Se~e~a~y? Section 2. That Title III, "Administration", Chapter 37, "Delray Beach Code Enforcement", Section 37.03, "Definitions", of the Code of Ordinances of the City of Del='ay Beach, Florida, be and the same is hereby amended by enacting a new definition, "Repeat Violation", to read as follows: "Repeat Violation" A violation of the provision of any code or ordinance by a person whom the Code Enforcement Board has previously found to have violated the same provision within five (5) years prior to the violation. Section 3. That Title III, "A.~ministration", Chapter 37, "Delray Beach Code Enforcement", Section 37.03, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, by repealing the definition of "Notification or Written Notification. dect%on ~. That. Title III~ "Administration", Chapter 37, "Delray Beach Code Enforcement", Section 37.03, of the Code of Ordi- nances of the City of Delray Beach~ Florida be and the same is hereby amended b~ enacting the definition of, "Notice ", "Notification" or "Written Notification" to r~sad as foll~ws: Notice "Notification" or Written Notification Notice shall be provided the alleged violator by certified mail, ~eturn recelpt requested; by hand delivery, by the Sheriff or other Law Enforcement Officer, Code Inspector or other person designated by the local governing body; by leaving notice in the violators usual place of residence with any person residing therein who is above the age of fifteen {15) years of age and informing such person of the contents of a notice or at the opt~on of the Code Enforcement Board by publication pursuant to lorida Statutes 162.12(2). ?RD. NO. 81-89 ~ection 5. ~h=._ ~tl~ III, "Administration"~ Chapter ~, "De!ray Beach Cc~e Enforcement", of the Code of Ordinances of the City o~ Delray Beach, Florida, be and the ~.ame is hereby amended by amending Section 37.36(B), of "Intention of Enforcement Procedures" to read as follows: 37.36 Totention ~]f Enforcement Procedures. (B) Except as provided in ~s~e~ para~raDh (C) and (E), if a violation of the codes described in Section 37.02 is found, the Code Enforcement Officer shall notify the violator and give him a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the Code Enforcement Officer shall notify the Code Enforcement Board and reel%Lest a hearing. The Board, through its clerical staff, shall schedule a hcaring, and written notice of such hearing shall be hand-delivered or mailed as provided by this chapter to .h~ violator. If the violation is corrected and then recurs, the case shall be presented to the Board even if the v~olation has been corrected prior to the Board hearing, and the notice shall so state. Section 6. That Title III, "Administration", Chapter 37, "Delray Beach Code Enforcement", Section 37.36, "Initiation of Enforce- ment Procedures" of the Code of Ordinances of the City of Delray Beach, be and the same is hereby amended by enacting a new subsection 37.36(E) to read as follows: (E) If a repeat violation is found, the Code Enforcement Officer shall notify the violator but is not req%Lired to give the violator a reasonable t~me to correct the violation. The Code Enforcement Officer, upon notifying the violator of a repeat violation, shall notify the Code Enforcement Board and request a hearing. The Code -Enforcement Board, through its clerical staff shall schedule a hearing and shall provide written notification to the violator. The case may be presented to the Code Enforcement Board even if a repeat violation has been corrected prior to the Board's hearing and the notice shall so indicate. Section 7. That Title IIi, "Administration", Chapter 37, "Delray Beach Code Enforcement", Section 37.39, "Conflict of Interest"; ~earing Procedures, of the Code of Ordinances of the City of Delray Beach, Florida, be ~nd the same is hereby amended by amending subsection 37.39(I)(3) to read as follows: (3) Subpoena evidence to its hearinqs. Section 8. That Title III, "Administration", Chapter 37, "Delray Beach Code Enforcement", Section 37.41, "Decisions and Enforce- ment Orders", of the Code of Ordinances of the City of Delray Beach, Florida be and the same ~s hereby =_mended by enacting a new subsection 57.41(F) to read as follows: F. Certified copy of a Code En~rcement Board orde~ shall be recorded in the P~blic Records of the County order and shall constitute notice to any subsequent purchasers, 3 ORD. NO. 81-89 ~'i~ce~or~ ~r~5 interests or assig~.s if the violation c.%r~ce~3%ad res] proparty ~nd the findings therein shall be ~._.~._.~n~ upon ~ -~ u:__.__~__.~=+~r and if the violation concerns r~al ~operty, 5ny subse~aent purchasers, successors, and i~+erests or assigns. If an order is recorded in the ~:'~,';~ Racora~ of P:~lm Beach County pursuant to this s,~baection a~ \he or4er ~.s complied with by the date spool=:-~.~.=.. ~.~, ~=~_ or.der., the Code Enforcement Board shall -~o,=~=a~n~ compliance that shall be !ecor~e~ in the .... ~ ~ r.~D,~._ Rec~ords. A hearing for the Code EI~fnrcement Board is not re~lired to issue a Board order Section 9. ~..~at Title III, "Administration", Chapter 37, "P~lray Beach Code Enforcement" of the Code of Ordinances of the City of Delray Beach be amended by repealing Section 37.42, "Fines for Non-Compliance with Orders". .....~*~. .... 10. That Title III~ "A~ministration", Chapter 37, "Delray Beach Code Enforcement" of the Code of Ordinances of the City of Delray Beach be and the s~e is amended by enacting a new Section 37.42, "Fines for Non-Compliance with Orders" to read as follows: IA) ~h.e Code Enforcement Board, upon notification by Code Enforce- ment Board O~ficer that an order of the Board has not been complied with by the set time or, upon finding that a repeat violation has been committed may order the violator to pay a fine ~.u an amount specified in this section for each day the violation continues past the date set by the Enforcement Board for compliance or in =he case of a repeat violation, for each date a repeat violation continues past the date of notice to the violator of the repeat violation. After the finding of a violation or repeat violation has been made as provided in this part, a bearing shall not be necessary for the issuance for the order imposiug the ~ine. A fine imposed pursuant to this section shall not exceed $250 per day for the first vlo!ation and shall not exceed $500 per day for a repeat violation. {B} A certif!ed copy of an order imposing a fine may be recorded in the public records and. thereafter shall constitute a lien a~atnst, the ~oro~er~v-~...... upon. ~hich the violation, exists and upon any other real or personal property owned by the violator. Upou pettti:~n Co ~he c[rcuJ.* court, such order may be enforced in the s~me ~anner %s a chert j~ldgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be ~o~.~rt judgment except for enforcement purposes. {C) A fine imposed .... ~, * =..ouan. ~o this part shall continue =o accrue until *~he viQ].at.'or co,es into compliance or until judgment is rendered in a suit to ~oreclose on a lien filed pursuant to this section, whichever occurs first. (D) After three months from the filing of any lien which remains unpaid, th(' Code Enforcement Board ma'~ authorize the City Attorney to oreclose ~..n the line No [en created pursuant to the provtsions of this chapter may be foreclosed on real 81-89 ~._~. is a ...... o.~-.~ .nd.. Article X Section 4 of Section ti That Title ~ ~ " Chapter 37, . ~I~, Administration" ~ "Delray Beach Code Enforcement" of the Code of Ordinances of the City of Delray ~each be and the same is hereby amended by amending Section 37.43, "Duration of Lien," to read as follows: No lien provided Dy this chapter or under the authority of F.S~ ~eco ~6~0~ et ~eq., shall continue for a longer period ....... ~ (20) years after the certified copy of an order imposin~ a fine has been recorded, unless within that t~e an action to foreclose on the lien is commenced in a court of competent j~risdiction. In an action to foreclose on a lien, the preva[lin~ party .is entitled to recover all costs, includin~ reasonable attorney's fees that it incurs in fore- closure. The continuation of the lien effeCted by the commencement of the action shall not be good against creditors or s~bsequen~ purchasers for valuable consideration without notice unless a notice lis pendens is recorded. Section II. That Title III, "Administration", Chapter 37, "Delray Beach Code Enforcement", of the Code-of Ordinances of.the City of Delray Beach be and the same is hereby amended by enacting a new Section 37,45, "Eupplementa! Cod~ Enforcement Procedures" to read as follows: 37.45 Supplemental Code Enforcement Procedures (A) The provisions of this section are additional and supple- mental means of enforcing the City's ordinances and may be used for th~ enforcement of any non-criminal ordinance, or for the enforcement of all non-criminal ordinances. Nothing contained in this section shall prohibit the City from enforcing its codes or ordinances by any Dther means. (~) A co~e enforcement officer is authorized to issue a Citation to a person When, based upon personal investiga- tion, the officer has reasonable cause to believe that the person has co~mitted a civil infraction in violation of a duly enacted code or ordinance and that the county court will hear the char~eo ~c) Prior to i~suing a citation, a code enforcement officer shall p nv~ ~ r. ~d~ notice to the person that the person has commiSted a vi~lation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal ~nvestigation, a co~e enforcement officer f~nds that the person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement ~ff~cer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if the ~ode enforcement officer has reason to believe that the violation presents a se~' ,us threat to 5 ORD. NO. ~1-89 the p~blic health, safety, or welfare, or if the viola- t%oD is ~rrepar~ble or irreversible. A c%tat!on ~ssued by a code enforcement officer shall contain: Tb~ hate and ti. mc of issuance. 2. The name and address of the person to whom the uitatlon is issued. 3. The date and time the c~vil infraction was committed. 4. The facts constituting reasonable cause. %, The n:~ber or s~ction of the code or ordinance violated.. 6. The name and authority ~f the code enforcement o~f~.cer~ 7. The procedure for the person to follow in order to pay any civil penalty or to contest the citation, The applicable civil penalty if the person elects to contest the citation. 9. The applicable civil penalty if the person elects not to contest the citation. 10. A conspicuous statement that i~ the.person ~ails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum c~vil penalty. (E) After issuing a citation to an alleged violator, a code e~orcement o~f[cer shall deposit the original citation and one copy of the citation with the county court. (~) A violation of an ordinance enforced in this manner shall constitute a civil infraction. The person receiving the citatioD may within 10 days from the date of the citation elect to a~,peal the citation to county court or pay the penalty imposed. Should the person fail to pay the penalty or appeal the citation within the 10 days or fails to appear in court to contest the citation, they shall be deeme~ to have waived their right to contest the citation and a judgment up to the maximum penalty may be entered against them. (G) Th~ schedule of penalties shall be as follows: 1. $!00 for an initial violation if the paymen, is received within 10 days of the date of the citation. 5 ORD. NC. RI-89 2 $25~ for an initial violation which is not paid within 10 days of the date of the citation or is unsuccessfully contested in county court by the violator. 3. $250 for a repeat violation which is paid within 10 days of the date of the citation. 4. $500 for a repeat violation which is not paid within 10 days of the date of the citation, or is unsuccessfully contested in county court by the violator. (H) Any person who willfully refu~es to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the seco,~ degree, punishable as provided in Florida Statutes 'Section 775.082 or Section 775.083. Section 12. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction, to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 13. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 14. That this ordinance shall become effective thirty {30) days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the Sth day of December . 1989. MAYOR ATTEST: st. City Clerk ~ ~ First Reading. November 14, 1989 Second Reading December 5, 1989 7 ORD. NO. 81-89 TER 37, "DELRAY BEACH CODE EN- FORCEA~ENT% OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FL AMENDING SECTION FORCEMENT OF AUTHORIZED TO THE CODE SHALL HAVE D~TION OVER CASES #1 VIOLATIONS OF ~*t. CRIMIHAL CITY ~ ~IIE#DIHGSECTIOBf ~FINIT~ONSN, TO ~IWE DEFINITION ck2~es to ~ppe~l ar/ dedslofl m~de ~ the City Comminiofl with re~xct ~ny flliflm' cord,lhered M mis Ming or hearing, such pelm~ wrIi need a record of th~ proceedJn~ alxl f~' this pjrp~ ~uch IX~ r~y meal to e~ure tlwr i vef~im ~e~ord of the The City d~ not provide ,nr Ix'were such rK;ord, Pur~Jlt lo F,$, 2~.01~.