Ord 33-12ORDINANCE 33 -12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37,
" DELRAY BEACH CODE ENFORCEMENT", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 37.42
"ADMINISTRATIVE FINES; COSTS OF REPAIR, LIENS" TO
INCREASE THE FINES FOR NOISE VIOLATIONS AS
DEFINED IN SECTION 99.03; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Florida Statute 162.09 provides for enhanced code enforcement fees; and,
WHEREAS, Florida Statute 162.09(2)(d) allows a municipality having a population equal to or
greater than 50,000 to adopt by a vote of at least a majority plus one of the entire governing body of
the municipality, an ordinance that gives code enforcement boards or special masters authority to
impose fines not to exceed one thousand dollars ($1,000.00) per day per violation for a first violation
and five thousand dollars ($5000.00) per day per violation for a repeat violation, and not to exceed
fifteen thousand dollars ($15,000.00) per violation if a Code Enforcement Board finds the violation to
be irreparable or irreversible in nature; and,
WHEREAS, the population of the City of Delray Beach ( "City ") is more than 50,000
residents; and,
WHEREAS, excessive sound is a serious hazard to the public health and welfare, safety and
the quality of life; and,
WHEREAS, the people have a right to and should be ensured an environment free from
unreasonably excessive sound as would jeopardize their health, welfare or safety or degrade the quality
of life; and,
WHEREAS, the City Commission of the City of Delray Beach desires to prevent such
unreasonably excessive sound as would jeopardize the health, welfare or safety of its citizens or
degrade the quality of life; and,
WHEREAS, the City Commission wishes to authorize the enhanced fines for code
enforcement violations in certain limited circumstances;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 37.42 "Administrative Fines; Costs of Repair; Liens" of the Code
of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Sec. 37.42. - ADMINISTRATIVE FINES; COSTS OF REPAIR; LIENS.
(B) (1) A fine imposed pursuant to this Section shall not exceed two hundred
fifty dollars ($250.00) per day for a first violation and shall not exceed five
hundred dollars ($500.00) per day for a repeat violation and, in addition, may
include all costs of repairs pursuant to subsection (A). However, if a Code
Enforcement Board finds the violation to be irreparable or irreversible in nature,
it may impose a fine not to exceed five thousand dollars ($5,000.00) per
violation. If the violation is a violation described in Section 99.03, the fine
imposed shall not exceed one thousand dollars ($1000.00) 12er d9Y per violation
for a first violation shall not exceed five thousand dollars (,965000.00 12er day per
violation for a repeat violation, and shall not exceed a maximum of fifteen
thousand dollars (15,000.00) per violation if a Code Enforcement Board finds
the violation to be irreparable or irreversible in nature.
(2) In determining the amount of the fine, if any, the enforcement board
shall consider the following factors:
(a) The gravity of the violation;
(b) Any actions taken by the violator to correct the violation; and
(c) Any previous violations committed by the violator.
(3) An enforcement board may reduce a fine imposed pursuant to this
Section.
(4) A certified copy of an order imposing a fine, or a fine plus repair
costs, may be recorded in the public records and thereafter shall constitute a
lien against the land on which the violation exists and upon any other real or
personal property owned by the violator. Upon petition to the Circuit Court,
such order shall be enforceable in the same manner as a court judgment by the
sheriffs of this State, including execution and levy against the personal property
of the violator, but such order shall not be deemed to be a court judgment
except for enforcement purposes. A fine imposed pursuant to this part shall
continue to accrue until the violator comes into compliance or until judgment is
2
ORD NO. 33 -12
rendered in a suit tiled pursuant to this Section, whichever occurs first. A hen
arising from a fine imposed pursuant to this Section runs in favor of the local
governing body, and the local governing body may execute a satisfaction or
release of lien entered pursuant to this Section. After three (3) months from the
filing of any such lien which remains unpaid, the enforcement board may
authorize the local governing body Attorney to foreclose on the lien or to sue
to recover a money judgment for the amount of the lien plus accrued interest.
No lien created pursuant to the provisions of this part may be foreclosed on
real property which is a homestead under Section 4, Art. X of the State
Constitution. The money judgment provisions of this Section shall not apply to
real property or personal property which is covered under Section 4(a), Art. X
of the State Constitution. Actions for money judgments under this Section may
be pursued only on fines levied after October 1, 2000.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
Section 5. That this ordinance shall become effective upon its passage on second and
final reading.
k\ UPASSED AN ADOPTED in regular session on second and final reading on this the
%%'k day of , 2012.
MAYOtp
ATTEST:
City Clerk
First Reading
Second Reading
J
ORD NO. 33-12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: October 5, 2012
Page 1 of 1
SUBJECT: AGENDA ITEM 11.C. -REGULAR COMMISSION MEETING OF OCTOBER 16, 2012
ORDINANCE NO. 33-12
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider an amendment to Chapter 37,
"Delray Beach Code Enforcement ", by amending Section 37.42, "Administrative Fines; Costs of
Repair, Liens ", to increase the fines for noise violations as defined in Section 99.03.
BACKGROUND
At the first reading on September 20, 2012, the Commission passed Ordinance No. 33 -12.
RECOMMENDATION
Recommend approval of Ordinance No. 33 -12 on second and final reading.
http:// itwebapp /AgendaIntranetBluesheet .aspx ?ItemID =6081 &MeetinglD =392 10/18/2012
ORDINANCE 33 -12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37,
'DELRAY BEACH CODE ENFORCEMENT ", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING SECTION 37.42 "ADMINISTRATIVE FINES;
COSTS OF REPAIR, LIENS" TO INCREASE THE FINES FOR
NOISE VIOLATIONS AS DEFINED IN SECTION 99.03;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Florida Statute 162.09 provides for enhanced code enforcement fees; and,
WHEREAS, Florida Statute 162.09(2)(d) allows a municipality having a population equal to or
greater than 50,000 to adopt by a vote of at least a majority plus one of the entire governing body of the
municipality, an ordinance that gives code enforcement boards or special masters authority to impose
fines not to exceed one thousand dollars ($1,000.00) per day per violation for a first violation and five
thousand dollars ($5000.00) per day per violation for a repeat violation, and not to exceed fifteen
thousand dollars ($15,000.00) per violation if a Code Enforcement Board finds the violation to be
irreparable or irreversible in nature; and,
WHEREAS, the population of the City of Delray Beach ( "City") is more than 50,000 residents;
and,
WHEREAS, excessive sound is a serious hazard to the public health and welfare, safety and the
quality of life; and,
WHEREAS, the people have a right to and should be ensured an environment free from
unreasonably excessive sound as would jeopardize their health, welfare or safety or degrade the quality of
life; and,
WHEREAS, the City Commission of the City of Delray Beach desires to prevent such
unreasonably excessive sound as would jeopardize the health, welfare or safety of its citizens or degrade
the quality of life; and,
WHEREAS, the City Commission wishes to authorr:7e the enhanced fines for code enforcement
violations in certain limited circumstances;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 37.42 "Administrative Fines; Costs of Repair; Liens" of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 37.42. - ADMINISTRATIVE FINES; COSTS OF REPAIR; LIENS.
(B) (1) A fine imposed pursuant to this Section shall not exceed two hundred
fifty dollars ($250.00) per day for a first violation and shall not exceed five hundred
dollars ($500.00) per day for a repeat violation and, in addition, may include all costs
of repairs pursuant to subsection (A). However, if a Code Enforcement Board finds
the violation to be irreparable or irreversible in nature, it may impose a fine not to
exceed five thousand dollars ($5,000.00) per violation. If the violation is a violation
described in Section 99.03, the fine imposed shall not exceed one thousand dollars
($1000.00) per day per violation for a first violation, shall not exceed five thousand
dollars 35000.00) per day per violation for a repeat violation, and shall not exceed a
maximum of fifteen thousand dollars ($15.000.00Lper violation if a Code
Enforcement Board finds the violation to be irreparable or irreversible in nature.
(2) In determining the amount of the fine, if any, the enforcement board
shall consider the following factors:
(a) The gravity of the violation;
(b) Any actions taken by the violator to correct the violation; and
(c) Any previous violations committed by the violator.
(3) An enforcement board may reduce a fine imposed pursuant to this
Section.
(4) A certified copy of an order imposing a fine, or a fine plus repair costs,
may be recorded in the public records and thereafter shall constitute alien against
the land on which the violation exists and upon any other real or personal property
owned by the violator. Upon petition to the Circuit Court, such order shall be
enforceable in the same manner as a court judgment by the sheriffs of this State,
including execution and levy against the personal property of the violator, but such
order shall not be deemed to be a court judgment except for enforcement
purposes. A fine imposed pursuant to this part shall continue to accrue until the
violator comes into compliance or until judgment is rendered in a suit filed
pursuant to this Section, whichever occurs first. A lien arising from a fine imposed
pursuant to this Section runs in favor of the local governing body, and the local
governing body may execute a satisfaction or release of lien entered pursuant to this
2
ORD. NO. 33 -12
Section. After three (3) months from the filing of any such lien which remains
unpaid, the enforcement board may authorize the local governing body Attorney to
foreclose on the lien or to sue to recover a money judgment for the amount of the
lien plus accrued interest. No lien created pursuant to the provisions of this part
may be foreclosed on real property which is a homestead under Section 4, Art. X of
the State Constitution. The money judgment provisions of this Section shall not
apply to real property or personal property which is covered under Section 4(a),
Art. X of the State Constitution. Actions for money judgments under this Section
may be pursued only on fines levied after October 1, 2000.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
Section 5. That this ordinance shall become effective upon its passage on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of .2012.
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
ORD. NO. 33 -12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Janice Rustin, Assistant City Attorney
DATE: September 14, 2012
Page 1 of 1
SUBJECT: AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
ORDINANCE NO. 33-12
ITEM BEFORE COMMISSION
The attached Ordinance 33 -12 is amending Section 37.42 "Administrative Fines; Costs of Repair;
Liens ".
BACKGROUND
This ordinance amendment is before Commission for approval to update Section 37.42 "Administrative
Fines; Costs of Repair; Liens" to allow for enhanced fines to be imposed on code enforcement
violations that are described in Section 99.03 "Loud And Unnecessary Noises Prohibited ".
RECOMMENDATION
The City Attorney's Office recommends City Commission discretion.
http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?lteiiilD= 6028 &MeetinglD =389 10/8/2012
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