Ord 41-05
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I ORDINANCE NO. 41-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRAY BEACH, AMENDING CHAPTER 100,
"NUISANCES", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 100.01, "EXISTENCE OF WEEDS,
TRASH AND VEGETATION UPON LANDS
PROHIBITED", TO PROVIDE THAT VEGETATION OR
TREES WHICH INTERFERE WITH TRAFFIC FLOW,
SAFETY OR UTILITIES ARE A NUISANCE AND TO
PROVIDE FOR ENFORCEMENT; BY AMENDING
SECTION 100.02, "LANDS TO BE KEPT FREE OF DEBRIS,
VEGETATION AND THE LIKE" , TO READ
"HURRICANES; LANDS TO BE KEPT FREE OF DEBRIS,
VEGETATION AND THE LIKE", TO ADD A DU1Y TO
CORRECT AND INSPECT AND TO ADD UTILITIES AS A
HAZARD; BY REPEALING SECTION 100.20,
"INSPECTION OF LANDS TO DETERMINE
VIOLATION"; BY AMENDING SECTION 100.21, "NOTICE
OF VIOLATION REQUIRED", TO READ, "NOTICE OF
VIOLATION REQUIRED; ABATEMENT AND
ALTERNATIVE ENFORCEMENT", TO PROVIDE
ALTERNATE ENFORCEMENT PROCEDURES, BY
AMENDING SECTION 100.22, "CONTENT AND FORM
OF NOTICE", TO CLARIFY NOTICE REQUIREMENTS;
i BY AMENDING SECTION 100.23. "NOTICE OF
I RECURRING NUISANCE REQUIRED; CONTENT AND
FORM", BY ENACTING A NEW SECTION (A) TO
PROVIDE FOR NO NOTICE FOR RECURRING
NUISANCES THAT OCCUR WITHIN A 12 MONTH
PERIOD, RELETTERING/RENUMBERING AND
DELETING DUPLICATIVE NOTICE PROVISIONS; TO
ADD SUBSECTION 100.23(C), TO PROVIDE THAT
NOTICES OF RECURRING PUBLIC NUISANCE PURSUED
UNDER THE CODE ENFORCEMENT PROCESS SHALL
I BE ISSUED IN ACCORDANCE WITH LAW; BY
AMENDING SECTION 100.26, "ASSESSMENT OF COSTS.
INTEREST AND ATTORNEY'S FEES; LIENS" . TO
REMOVE THE REFERENCE TO THE LAWS OF
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FLORIDA; BY AMENDING SECTION 100.27,
"ENFORCEMENT OF ASSESSMENT; PRIORI1Y OF
LIEN", TO CLARIFY THE ENFORCEMENT PERMITTED;
AND TO PROVIDE GRAMMATICAL CHANGES TO ALL
SECTIONS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the nuisance abatement procedure needs to be updated to provide that the
nuisance abatement process as well as the code enforcement process and other enforcement
procedures as allowed by law may be used to correct nuisances; and
WHEREAS, trees which are likely to threaten buildings and utilities during hurricane force
winds are issues that should be addressed as nuisances.
Section 1. That Section 100.01, "Existence of Weeds, Trash and Vegetation Upon
Lands Prohibited" is hereby amended to read as follows:
Sec. 100.01. EXISTENCE OF WEEDS, TRASH AND VEGETATION UPON
LANDS PROHIBITED.
(A) (1) The existence of weeds, dead or living plant life, undergrowth, brush,
trash, ftlth, garbage or other refuse on any lot, tract or parcel of land in the City, whether
improved or unimproved, which has caused the property to become, or which may
reasonably cause the property to become infested or inhabited by rodents, snakes, vermin or
wild animals, or may furnish a breeding place for mosquitoes or threatens the public health,
safety or welfare, or may reasonably cause disease, or adversely affects and impairs the
economic welfare of other property, is declared to constitute a public nuisance and is
prohibited;. ~ eEvery owner of real property in the City has a duty to keep his property
free of any nuisance at his expense.
(2) The existence of weeds or other dead or living plant life or vegetation
which hft¥e has attained a height of twelve (12) inches or more, !tad which exi3t on any lot,
tract or parcel of land in the City, whether improved or unimproved, shall be presumed to
be detrimental to the public health, safety and welfare, and thus shall be presumed to I
constitute a public nuisance under the terms and conditions of this subchapter.
(3) The existence of accumulations of vegetative (i.e. yard and garden)
trash mixed with other types of refuse is deemed to be detrimental to the public health,
safety and welfare and thus deemed to be a public nuisance and prohibited. Such mixed
accumulations shall not be picked up by the City's sanitation franchisee during regular
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collection routes but shall be subject to abatement or citation or code enforcement action or
other enforcement as are other nuisances in any manner set forth in this Chapter.
(4) The existence of accumulations of loose, uncontainerized, or
unbundled refuse,; other than heavy, bulky items; is deemed to be detrimental to the public
health, safety and welfare and thus shall be deemed t6-he a public nuisance and is prohibited.
The aforcsaid Such accumulations shall not be picked up by the City's sanitation franchisee
during regular collection routes but shall be subject to abatement by citation. or code
enforcement action or other enforcement as are other nuisances in any manner set forth in
this Chapter.
(B) The existence of any kind of vegetation, including trees and shrubs, upon any
lot, tract or parcel of land, improved or unimproved, within the City, to the extent that the
vegetation impairs or interferes with traffic safety or traffic flow is prohibited and declared
to be a public nuisance.
(C) The existence of any kind of vegetation, including trees and shrubs, upon any
lot, tract or parcel of land, improved or unimproved, within the City, to the extent that the
vegetation interferes with the use of streetlights, signs, sidewalks, utility lines or other public
improvements is hereby prohibited and declared to be a public nuisance.
(D) For purposes of this Chapter, the terms lot, tract and parcel shall include all
lots, tracts and parcels WIthin the City and shall also include any contiguous Public Right-of-
Way or easement, or portion thereof or public alleyway to the centerline, upon which no
publicly maintained structural improvements exist or any planted area between the property
line and a paved alley. Every owner or person having possession or control of the
contiguous real property shall ensure that the adjoining Public Right-of-Way complies with
the provisions of this Chapter. Nothing herein shall be construed to require the
maintenance of medians by contiguous property owners or persons in control of such
property .
(E) Dome-shaped decorative markers, also known as button markers, may be
placed in the Public Right-of-Way, provided that such markers are no larger than six (6)
inches in height, have rounded surfaces and no straight edges, and are separated by a
minimum of two (2) feet. The property owner shall assume all risk of liability for such
markers. The placement of pyramid-shaped markers or any other similar type marker within
a Public Right-of-Way is prohibited.
Section 2. That Section 100.02, "Lands to be Kept Free of Debris, Vegetation and the
Like" is hereby amended to read, "Hurricanes, Lands to be Kept Free of Debris, Vegetation and the
Like", and to enact Sections 1 00.02(A) and (B) read as follows:
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Sec. 100.02 HURRICANES; LANDS TO BE KEPT FREE OF DEBRIS,
VEGETATION AND THE LIKE;
.w. Each year. prior to hurricane season. prope.nqr owners shall inspect their properties
and address and correct situations and conditions which may be a hazard to life.
property. or utilities in the time of hurricane winds prevalent to this area.
all All lands in the City shall be kept free from debris, vegetation (including trees), or
any other matter which, by reason of height, proximity to neighboring structures, or
physical condition or other peculiar characteristic, might, in time of hurricane winds
prevalent in this region, cause damage to life~ er property or utilities within the
immediate area surrounding the same. The existence of any debris, vegetation~ tree
or other matter as which shall create a hazard is declared to be a nuisance.
Section 3. That Subheading, "Abatement", of the Code of Ordinances is hereby
amended by repealing Section 100.20, "Inspection of Lands to Determine Violation", in its entirety. I
See. 109.29. INSPECTION OF LANDS TO DETERMINE VIOU...TION.
The City Maaager or his desigfiated representati.'e sh:~R, a3 aftea a3 may be
aeeessary, inspect lands within the Ciry' ta determine if vlalatioa of this Chapter exists.
Section 4. That Subheading, "Abatement", Section 100.21, "Notice of Violation
Required", is hereby amended to read, "Notice of Violation Required; Abatement and Alternative
Enforcement", and a new Subsection (C) is enacted to read as follows:
Sec. 100.21 NOTICE OF VIOLATION REQUIRED: ABATEMENT AND
ALTERNATIVE ENFORCEMENT.
(A) If the City Manager or his designated representative determine~ that a public
nuisance exists in accordance with the standards set forth in this Chapter on any lot, tract,
parcel or other real property within the City, whether improved or unimproved, he shall
for~'ith notify the owner of the property as the OWflersmp appe8:'ls stated upon the last
complete records of the County Tax f~ssessOf Property Appraiser. The notice shall be given
in writing by certified mail, return receipt requested, postage prepaid, or by hand delivery
which shall be effective and complete when delivered and shall be considered sufficient
notice. In case of multiple or joint ownership, service as herein provided on anyone owner
shall be sufficient. The personal delivery by the City Manager or his designated
representative in lieu of mailing shall be equivalent to mailing. In the event that the mailed
notice is returned by the postal authorities or the return receipt is not received by the Code
Enforcement Division within fifteen (15) days after mailing, and the notice cannot be
reasonably hand delivered to the owner of the property or his agent, the notice shall be given
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by a physical posting of the notice on the subject property 8:3 eaumerated ia pursuant to
sub&~ection 100.22. "Reasonably hand dehvered" shall mean one attempt to hand deliver~ if
the owner or his agent resides within the City limits~ between the hours of 8:00 a.m. and 5:00
p.m. on any weekday, excluding Saturdays, Sundays and holidays.
(B) Alternatively, City Code Enforcement Officers may issue a written warning
notice in person or by certified mail, return receipt requested, postage prepaid, to the person
who committed the violation. Said notice shall specify the Section of the Code of
Ordinances that is being violated and the required correction date. In the event the violation I
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enumerated on the warning notice is not corrected as specified, a Code Enforcement Officer
may issue a County Court citation or a notice to appear at a hearing in County Court
pursuant to Chapter 37 of the Code of Ordinances or in the alternative. a code enforcement
action before the Code Enforcement Board may be instituted.
(C) The City may also seek any and all other relief allowed pursuant to law
including but not limited to injunctive relief and damages as permitted by law.
Section 5. That Subheading, "Abatement", is amended by amending Section 100.22,
"Content and Form of Notice", to read as follows:
Sec. 100.22. CONTENT AND FORM OF NOTICE.
(A) The notice provided for in Section 100.21(A) shall notify the owner of the
land of the following:
(1) That it has been determined that a public nuisance exists on the land,
and what condition constitutes that nuisance.
(2) That the owner of the land shall have seven (7) days (forty-two (42)
days in the case of a violation of Section 100.04 pertaining to seawalls) from delivery
of the Notice of Public Nuisance to remove the condition causing the nuisance on
the land.
(3) That if the condition is not corrected or removed within the time
specified, the City will have it corrected or removed at the expense of the owner,
including all costs of inspection and administration. Alternatively, any of the
enforcement procedures contained in Chapter 37 of the Code of Ordinances may be
utilized.
(4) If That after delivery of the notice if the owner has not requested a
hearing within five (5) days and has not corrected the condition causing the public
nuisance within seven (7) days, the City shall have the right to have the objectionable
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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 cost of the worka together with all costs of
inspection and administration, Mttl then the City shall have a lien placed against the
property for the cost of the work, including inspection and administrative costs, plus I
interest at the rate of eight (8) percent, plus reasonable attorney's fees and other
costs of collecting the sums, without further hearing by the Code Enforcement I
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Board or the City Commission and without further notice of the recording of said
lien. Said lien shall be on a par with general city taxes.
(5) The approximate range of cost for the City to correct the nuisance
condition, exclusive of administrative costs, interest, collection costs or Attorney's
fees.
(6) That if the condition constituting a public nuisance as enumerated in
the notice recurs within the twelve-month period commencing from the delivery
date of the notice, the City may immediately and without further prior notice, correct
or remove the condition each time it recurs within said 12-month period, at the
expense of the owner, including all costs of inspection and administration.
(7) That if the notice is not deliverable or the return receipt is not
received by the Code Enforcement Division within fifteen (15) days after the mailing
date and hand delivery cannot be reasonably accomplished, a copy of the notice shall
be posted in plain view upon the land where the public nuisance exists and shall be
considered delivered on the date posted. If the condition constituting the public
nuisance is not corrected within seven (7) days after posting, the City shall have the
right to enter upon the premises and take steps reasonably necessary to correct or
remove the condition at the expense of the owner of the property. Posting shall be
sufficient notice that recurrence of any condition cited within the twelve-month
period specified above shall be subject to immediate abatement without further prior
notice.
(8) Appeal dates and procedures for a notice of public nuisance issued
pursuant to 100.21 (A) shall be as follows:
(a) The owner shall have five (5) days from the delivery date of
the notice of public nuisance to file a written petition with the City Manager
or his designee for a hearing before a three-person panel. Said panel shall be
composed of the City Manager, the Director of Environmental Services or
the City Engineer, and the Director of Parks and Recreation, or their
designees. The hearing shall be scheduled within ten (10) days of the date
that the petition is received by the City Manager.
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(b) The issues to be determined at the hearing are whether the
condition does in fact exist, why the condition should not be abated by the
City at the expense of the owner, and the time limit 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.
(c) If after the hearing the panel determines that the condition
which exists on the property constitutes a public nuisance and is in violation
of city ordinance, the owner of the property shall have a reasonable time, as
determined by the panel, to correct or remove the condition, after which
time the City shall have the right to have the condition abated at the expense
of the property owner. If after delivery of the notice the owner has not
requested a hearing within five (5) days and has not corrected the condition
causing the public nuisance within seven (7) 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 thirty (30) days after the mailing of a notice of assessment for the cost
of the work together with all costs of inspection and administration, the City
shall have a lien placed against the property for the cost of the work,
including inspection and administrative costs, plus interest at the rate of eight
(8) percent, plus reasonable attorney's fees and other costs of collecting the
sum, without further notice of the recoding of said lien. Said lien shall be on
a par with general City taxes.
(B) The eoateat aad form of the aotiee required by Seetioa 100.21 :ihaR he
approved by the City ¡\ttomey. The content and notice under 100.21 (3) shall conform to
the requirements of law. Appeal of Code Enforcement Board orders or county court
citation or a notice to appear shall be as provided by law.
(C) The notice provided in 100.22(A) shall be given prior to seeking injunctive
relief.
Section 6. That Subheading, "Abatement", Section 100.23, "Notice of Recurring
Nuisance Abatement Required; Content and Form", is hereby amended by enacting Subparagraph
(C) to read as follows:
Sec. 100.23. NOTICE OF RECURRING NUISANCE ¿\Bf.TEMENT REQUIRED;
CONTENT AND FORM.
01 That if the condition constituting a public nuisance as enumerated in the
notice recurs within the twelve month period commencing from the delivery date of the
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notice. the City may immediately and without further notice. correct or remove the
condition each time it recurs within said 12-month period. at the expense of the owner.
including all costs of mspection and administration.
(A7 LID If there is a recurring nuisance after the expiration of the 12 month period
referred to in Section 100.23(A). procedures in Section 100.21 and Section 100.22 shall be
followed. and the City abates the nuisanee, a written notiee of recutting BtlÍsance abatement
shaY. be sent to the property owner at the address listed ifl the rewrds of the Palm Beach
County Tax }~ssessor by tint class m8:il., posœge prepaid. Altematively, the notiee ftbly be
hand deli~.~ered to the owner if such delive~' is practical. The notice shaY. be considered
delivered when either hand delivered or properly addressed and deposited in the u.s. ffi1t:Íl,
postage prepaid. In the e-vent the mailed notiee is returned by the postal authorities and hand
ddr;ery cannot be reasonably as defmed in Scetion 100.21(}~), the City Manager or his
designee shaY. post a wpy of the notiee ifl a conspieuo\:1s loeation on the property. .A posted
flotiee shaR be considered deli.ered whefl posted.
(B) The flotiee rcqtHreà in Sectiofl 100.23(¿Ai) shaR ad~J'ise the owner of the land
of the following ordiftaflce reqtJiKmeftts:
(1) What eOflàitiofl Coftstitutes the re~ ftæ3aa.ee, defined as the
same type of flufSftnee eOfldition pre~.-io\:131y citcd in aa:y a.otiee of publie BtlÍsftace
deli-.-ered to the same OWfter of record for the same property wit.hÏfi the last twelve
(12) months.
(2) What type of ree~ næsanee was foUftd, the date the reetl!."fiag
ftUÍsaace wadition was observed, the speeifit: ordiftance Sectioa ifl violatioa, aad the
deli-.-cry date of the aotice of publie M1:Ìsanee \\Iiùeh previously aotifit:d the O'Wfler of
the awsll:flce wftclitioa wh.:ieh flOW reet1:tfed.
(3) That the reeutting flwsaaee eoadition was abated by the City aad the
dftte aflà approximate cost of abatemeflt, including an admffiistfative charge by the
Code Enforeemeat Diyision, but exclusive ðf iflterest, collection, attomey's f-ees,
rceortlitlg aad 8:ftY additioflal administrative cost'3.
(4) That if the Notiee of RccUttÌftg Nwsance ..^~batemeat was remœed as
undeliverable by the post'8l authorities aad collid not be reasoflably hafld delivered,
the aotiee shaR be posted ifl a conspicuous IocMÏ.oft Oft the htftd.
(5) What the final appeal date and proœàttrt: are, ineluà:ittg:
(a) A WfÏttcfl appeal of a Notice of Rce~ Nwsaflee
Abatcmeflt must be rceeived by the City ~faaager no lata than five (5) daJs
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after the 1M:iliag, hafid ddiy.'ering or postiflg of the fiotiee, as applicable. Sueh
appeals shaY be heard by a three member pafld eoftsistiflg of the City
Mafiagcr, thc Di1'eetor of EfiVfrOflt.'ftental Services or the City EfigÏneer, afid
the Direetor of PaN3 afid Recreation, or theÍf desiga.ees. The appellant shaY
be givefi ao1Ít:e of the &te afid time of stleh helt1"Ìftg which shaY be scheduled
","ithÌfl tca (10) days from the date of receipt of thc wnttefl appeal, or a3
othe~~e ffit1maYy agfeed upon by the property owfter aftd the City.
(b) The pafid shaY detcrmifte, among other matters, if a reeurritig
awsafie:t: occU:tt'ed afid if the abatement was proeessed in aeeordæce with
Ctty Orœø.aaees. The souree of the eoftàition abatcd shaY flat be a defen3e.
Thc panel shaY issue a written determiftatioa to the appclhfit.
('t:) If paymeftt is ftot received within thirty (30) tkys after the
ma:iltflg of a aotiee of a3sessmefit for the east of the work togethcr with aY
costs of inspcction and administration, the City shaY have a Hefl plaeed
agaffist the property for the eost of the work, ineltuiing æspection aftd
admiftistratiy.'e eost3, plus æterest at the rate of eight (&-) percent, plus
reasoftable attomey's fecs aftd other eosts of collectiflg the St1m., without
further heaœg by the pæd or the City Co~sioft and without further
ftotice of the reeoràÌftg of said Heft. Said Jieft shaY be Oft a par with gefteral
City taxes.
Ed) The City }lttomey shaY apprcy.-e the eOfiteflt and form of the
ftotiee reqcired by this Seetiofl.
(C) Notices of recurring nuisances issued pursuant to the Code Enforcement
Board process shall be issued in accordance with the laws governing the Code Enforcement
Board: and appeals shall be processed as set forth in Chapter 37 of the Code of Ordinances
and as provided by law.
Section 7. That Subheading, "Abatement", Section 100.26, "Assessment of Costs,
Interest and Attorney's Fees; Lien", is hereby amended to read as follows:
Sec. 100.26. ASSESSMENT OF COSTS, INTEREST AND ATTORNEY'S FEES;
LIEN.
As soon after the abatement as feasible, the City Manager shall report to the City
Commission the cost of the abatement, including the cost of inspection and administration.
Thereafter, the Commission shall by resolution assess the cost against the subject parcel.
This resolution 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
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rate of eight (8) percent 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 thirty (30) days from the date of
adoption, and the assessment contained therein shall become due and payable thirty (30)
days after the mailing date of the notice of assessment. In the event that payment has not
been received within thirty (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 cost 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 following form:
NOTICE OF LIEN
Date:
TO:
ADDRESS:
You are hereby advised that the City of Delray Beach did on or about the day of
, W ~, abate the nuisance which was found to exist on your
property . The nwsance was abated at a cost, including costs of inspection and
administration, of
In accordance with city ordi:nftflee3 the Code of 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 FURTHER
NOTICE OF LIEN SHALL BE SENT PRIOR TO RECORDING A LIEN ON YOUR
PROPER1Y. Please take notice that the resolution, in addition to the original cost of the
abatement, requires payment of eight (8) percent interest per annum and the cost of collection
includes a reasonable attorney's fee.
When the City of Delray Beach has received payment for such lien, the City Manager or
his designated representative sM:Il will execute a release thereof to remove the lien &om your
property, ~ t The rœordffig cost of recording the release of lien whieh shall 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 and 100.27. which shall be foreclosed in the same manner as mortgages are
foreclosed under State law. In either type of action, the City shall be entided to interest at the rate
of eight (8) percent &om the date of assessment, collection costs and reasonable Attorney's fees.
SUCH LIENS SHALL BE ON A PARI1Y WITH GENERAL CI1Y TAXES AND SHALL
HAVE PRIORI1Y OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
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MORTGAGES l-1ð PROVIDED BY CHi\1PTER 24786, L\\X~ OF FLORID}1, SPECIAL
¡\CTOF 1919,AS¿\1ŒNDED.
Section 8. That Subheading, "Abatement", Section 100.27, "Enforcement Assessment;
Priority of Lien", is hereby amended and a new Subsection (B) is enacted to read as follows:
I Sec. 100.27. ENFORCEMENT OF ASSESSMENT; PRIORITY OF UEN.
(A) The City may enforce the abatement assessmen~ by either an action at law~
injunctive relief. 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 the above type§ of
action, the City shall be entided to interest at the rate of eight (8) percent &om the date of
assessment, collection costs and reasonable 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 ag ptoTOOed hy Chitpter 2Sn6, LaWg of Flori~, SpeciM Art of 1919, 1\3 ame:t1tlt:d.
(8) The City may alternatively enforce the action through the code enforcement
process.
Section 9. 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 i
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 10. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 11. That this ordinance shall become effective immediately upon its passage on
second and final reading.
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PASSED AND ADOPTED in regular session on second and final reading on this ~~ay
of ---=s--~ , 2005.
~l~
YOR "-
ATTEST:
~.~JS).~~
CI1Y CLERK
FirstReading ~ \l\'D~
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Second Reading ~ \Z\ \ ()5
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MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER ~
SUBJECT: AGENDA ITEM # \()~ - REGULAR MEETING OF JUNE 21. 2005
ORDINANCE NO. 41-05
DATE: JUNE 17, 2005
This ordinance is before Commission for second reading and public hearing to amend Chapter 100,
"Nuisances", of the Code of Ordinances, by amending Section 100.01, "Existence of Weeds, Trash,
and Vegetation Upon Lands Prohibited", to provide that vegetation or trees which interfere with traffic
flow, safety, or utilities are a nuisance; and to provide for enforcement.
At the first reading on June 7, 2005, the City Commission passed Ordinance No. 41-05.
Recommend approval of Ordinance No. 41-05 on second and final reading.
S:\Clty Clerk\agenda memos\Ord 41-05 Nwsance 062105
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[IT' DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE ::OO1'\W ] q 'WE:\l'E . DELRe\. Y REACH. FLORIDA 33-1.-1--1-
II i I PHO'\E "6!i::-1.;-:O')O ·IACSI\IILE 5(',1/::78--+755
DELRAY BEACH Writer's Direct Line: 561/243-7091
F lOll: I 0 "
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All-America City MEMORANDUM
, III I! DATE: May 23, 2005
1993 TO: City Commission
2001 David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Nuisance Ordinance
This ordinance amends the City's nuisance ordinance and adds damage to
utilities, as well as traffic flow as potential public nuisances. The ordinance further
clarifies that in addition to abatement procedures and citation processes, that the
Code Enforcement Board also may enforce the ordinance, pursuant to state law.
Lastly, the ordinance has been modified to correct certain grammatical errors and
to delete redundant notice provisions.
Please place this ordinance on the City Commission agenda for action.
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Attachment
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5/23/05
ORDINANCE NO. 41-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, AMENDING CHAPTER 100, "NUISANCES", OF
THE CODE OF ORDINANCES OF THE CITY OF DELRA Y
BEACH, FLORIDA, BY AMENDING SECTION 100.01,
"EXISTENCE OF WEEDS, TRASH AND VEGETATION UPON
LANDS PROHIBITED", TO PROVIDE THAT VEGETATION OR
TREES WHICH INTERFERE WITH TRAFFIC FLOW, SAFETY OR
UTILITIES ARE A NUISANCE AND TO PROVIDE FOR
ENFORCEMENT; BY AMENDING SECTION 100.02, "LANDS TO
BE KEPT FREE OF DEBRIS, VEGETATION AND THE LIKE", TO
READ "HURRICANES; LANDS TO BE KEPT FREE OF DEBRIS,
VEGETATION AND THE LIKE", TO ADD A DUTY TO CORRECT
AND INSPECT AND TO ADD UTILITIES AS A HAZARD; BY
REPEALING SECTION 100.20, "INSPECTION OF LANDS TO
DETERMINE VIOLATION"; BY AMENDING SECTION 100.21,
"NOTICE OF VIOLATION REQUIRED", TO READ, "NOTICE OF
VIOLATION REQUIRED; ABATEMENT AND ALTERNATIVE
ENFORCEMENT", TO PROVIDE ALTERNATE ENFORCEMENT
PROCEDURES, BY AMENDING SECTION 100.22, "CONTENT
AND FORM OF NOTICE", TO CLARIFY NOTICE
REQUIREMENTS; BY AMENDING SECTION 100.23, "NOTICE
OF RECURRING NUISANCE REQUIRED; CONTENT AND
FORM", BY ENACTING A NEW SECTION (A) TO PROVIDE FOR
NO NOTICE FOR RECURRING NUISANCES THAT OCCUR
WITHIN A 12 MONTH PERIOD, RELETTERING/RENUMBERING
AND DELETING DUPLICATIVE NOTICE PROVISIONS; TO ADD
SUBSECTION 100.23(C), TO PROVIDE THAT NOTICES OF
RECURRING PUBLIC NUISANCE PURSUED UNDER THE CODE
ENFORCEMENT PROCESS SHALL BE ISSUED IN
ACCORDANCE WITH LAW; BY AMENDING SECTION 100.26,
"ASSESSMENT OF COSTS, INTEREST AND ATTORNEY'S
FEES; LIENS", TO REMOVE THE REFERENCE TO THE LAWS
OF FLORIDA; BY AMENDING SECTION 100.27,
"ENFORCEMENT OF ASSESSMENT; PRIORITY OF LIEN", TO
CLARIFY THE ENFORCEMENT PERMITTED; AND TO PROVIDE
GRAMMATICAL CHANGES TO ALL SECTIONS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
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WHEREAS, the nuisance abatement procedure needs to be updated to provide that the
nuisance abatement process as well as the code enforcement process and other enforcement
procedures as allowed by law may be used to correct nuisances; and
WHEREAS, trees which are likely to threaten buildings and utilities during hurricane force
winds are issues that should be addressed as nuisances.
Section 1. That Section 100.01, "Existence of Weeds, Trash and Vegetation Upon
Lands Prohibited" is hereby amended to read as follows:
Sec. 100.01. EXISTENCE OF WEEDS, TRASH AND VEGETATION UPON LANDS
PROHIBITED.
(A) (1 ) The existence of weeds, dead or living plant life, undergrowth, brush,
trash, filth, garbage or other refuse on any lot, tract or parcel of land in the City, whether
improved or unimproved, which has caused the property to become, or which may
reasonably cause the property to become infested or inhabited by rodents, snakes, vermin
or wild animals, or may furnish a breeding place for mosquitoes or threatens the public
health, safety or welfare, or may reasonably cause disease, or adversely affects and
impairs the economic welfare of other property, is declared to constitute a public nuisance
and is prohibitedï~ aAå eEvery owner of real property in the City has a duty to keep his
property free of any nuisance at his expense.
(2) The existence of weeds or other dead or living plant life or vegetation
which Rave has attained a height of twelve (12) inches or more, ~:md '#hich oxist on any lot,
tract or parcel of land in the City, whether improved or unimproved, shall be presumed to
be detrimental to the public health, safety and welfare, and thus shall be presumed to
constitute a public nuisance under the terms and conditions of this subchapter.
(3) The existence of accumulations of vegetative (Le. yard and garden)
trash mixed with other types of refuse is deemed to be detrimental to the public health,
safety and welfare and thus deemed to be a public nuisance and prohibited. Such mixed
accumulations shall not be picked up by the City's sanitation franchisee during regular
collection routes but shall be subject to abatement or citation or code enforcement action
or other enforcement as are other nuisances in any manner set forth in this Chapter.
(4) The existence of accumulations of loose, uncontainerized, or
unbundled refuseï~ other than heavy, bulky items~ is deemed to be detrimental to the public
health, safety and welfare and thus shall be deemed te--ge a public nuisance and is
prohibited. Tho aforesaid Such accumulations shall not be picked up by the City's
sanitation franchisee during regular collection routes but shall be subject to abatement by
2 ORD. NO. 41-05
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citation. or code enforcement action or other enforcement as are other nuisances in any
manner set forth in this Chapter.
(8) The existence of any kind of vegetation, including trees and shrubs, upon
any lot, tract or parcel of land, improved or unimproved, within the City, to the extent that
the vegetation impairs or interferes with traffic safety or traffic flow is prohibited and
declared to be a public nuisance.
(C) The existence of any kind of vegetation, including trees and shrubs, upon
any lot, tract or parcel of land, improved or unimproved, within the City, to the extent that
the vegetation interferes with the use ot streetlights, signs, sidewalks, utility lines or other
public improvements is hereby prohibited and declared to be a public nuisance.
(D) For purposes of this Chapter, the terms lot, tract and parcel shall include all
lots, tracts and parcels within the City and shall also include any contiguous Public Right-
of-Way or easement, or portion thereof or public alleyway to the centerline, upon which no
publicly maintained structural improvements exist or any planted area between the
property line and a paved alley. Every owner or person having possession or control of
the contiguous real property shall ensure that the adjoining Public Right-ot-Way complies
with the provisions of this Chapter. Nothing herein shall be construed to require the
maintenance of medians by contiguous property owners or persons in control of such
property.
(E) Dome-shaped decorative markers, also known as button markers, may be
placed in the Public Right-of-Way, provided that such markers are no larger than six (6)
inches in height, have rounded surfaces and no straight edges, and are separated by a
minimum of two (2) feet. The property owner shall assume all risk of liability for such
markers. The placement of pyramid-shaped markers or any other similar type marker
within a Public Right-of-Way is prohibited.
Section 2. That Section 100.02, "Lands to be Kept Free ot Debris, Vegetation and the
Like" is hereby amended to read, "Hurricanes, Lands to be Kept Free of Debris, Vegetation and
the Like", and to enact Sections 1 00.02(A) and (8) read as follows:
Sec. 100.02 HURRICANES; LANDS TO BE KEPT FREE OF DEBRIS, VEGETATION
AND THE LIKE;
® Each year. prior to hurricane season. property owners shall inspect their properties
and address and correct situations and conditions which may be a hazard to life.
property. or utilities in the time of hurricane winds prevalent to this area.
3 ORD. NO. 41-05
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!ID All lands in the City shall be kept free from debris, vegetation (including trees), or
any other matter which, by reason of height, proximity to neighboring structures, or
physical condition or other peculiar characteristic, might, in time of hurricane winds
prevalent in this region, cause damage to life~ 6f property or utilities within the
immediate area surrounding the same. The existence of any debris, vegetation~
tree or other matter as which shall create a hazard is declared to be a nuisance.
Section 3. That Subheading, "Abatement", of the Code of Ordinances is hereby
amended by repealing Section 100.20, "Inspection of Lands to Determine Violation", in its
entirety.
Sec. 100.20. INSPECTION OF lANDS TO DIiTERMINIi VIOLATION.
Tho City Managor or his designatod represontative sh::lIl, as ofton as may be
nooessal)', inspect lands within the City to determino if violation of this Chapter exists.
Section 4. That Subheading, "Abatement" , Section 100.21, "Notice of Violation
Required", is hereby amended to read, "Notice of Violation Required; Abatement and Alternative
Enforcement", and a new Subsection (C) is enacted to read as follows:
Sec. 100.21 NOTICE OF VIOLATION REQUIRED; ABATEMENT AND ALTERNATIVE
ENFORCEMENT.
(A) If the City Manager or his designated representative determineª that a public
nuisance exists in accordance with the standards set forth in this Chapter on any lot, tract,
parcel or other real property within the City, whether improved or unimproved, he shall
forthwith notify the owner of the property as tho ol:/nership appoars stated upon the last
complete records of the County Tax I\scessor Property Appraiser. The notice shall be
given in writing by certified mail, return receipt requested, postage prepaid, or by hand
delivery which shall be effective and complete when delivered and shall be considered
sufficient notice. In case of multiple or joint ownership, service as herein provided on any
one owner shall be sufficient. The personal delivery by the City Manager or his designated
representative in lieu of mailing shall be equivalent to mailing. In the event that the mailed
notice is returned by the postal authorities or the return receipt is not received by the Code
Enforcement Division within fifteen (15) days after mailing, and the notice cannot be
reasonably hand delivered to the owner of the property or his agent, the notice shall be
given by a physical posting of the notice on the subject property as onumoratod in
pursuant to subS§ection 100.22. "Reasonably hand delivered" shall mean one attempt to
hand deliver~ if the owner or his agent resides within the City limits~ between the hours of
8:00 a.m. and 5:00 p.m. on any weekday, excluding Saturdays, Sundays and holidays.
4 ORD. NO. 41-05
5/23/05
(B) Alternatively, City Code Enforcement Officers may issue a written warning
notice in person or by certified mail, return receipt requested, postage prepaid, to the
person who committed the violation. Said notice shall specify the Section of the Code of
Ordinances that is being violated and the required correction date. In the event the
violation enumerated on the warning notice is not corrected as specified, a Code
Enforcement Officer may issue a County Court citation or a notice to appear at a hearing in
County Court pursuant to Chapter 37 of the Code of Ordinances or in the alternative. a
code enforcement action before the Code Enforcement Board may be instituted.
(C) The City may also seek any and all other relief allowed Dursuant to law
includinQ but not limited to iniunctive relief and damaQes as Dermitted by law.
Section 5. That Subheading, "Abatement", is amended by amending Section 100.22,
"Content and Form of Notice", to read as follows:
Sec. 100.22. CONTENT AND FORM OF NOTICE.
(A) The notice provided for in Section 100.21ffi) shall notify the owner of the land
of the following:
(1 ) That it has been determined that a public nuisance exists on the land,
and what condition constitutes that nuisance.
(2) That the owner of the land shall have seven (7) days (forty-two (42)
days in the case of a violation of Section 100.04 pertaining to seawalls) from
delivery of the Notice of Public Nuisance to remove the condition causing the
nuisance on the land.
(3) That if the condition is not corrected or removed within the time
specified, the City will have it corrected or removed at the expense of the owner,
including all costs of inspection and administration. Alternatively, any of the
enforcement procedures contained in Chapter 37 of the Code of Ordinances may
be utilized.
(4) U That after delivery of the notice if the owner has not requested a
hearing within five (5) days and has not corrected the condition causing the public
nuisance within seven (7) 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 thirty (30) days
after the mailing of a notice of assessment for the cost of the workJ. together with all
costs of inspection and administration, aRå then the City shall have a lien placed
against the property for the cost of the work, including inspection and administrative
5 ORD. NO. 41-05
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costs, plus interest at the rate of eight (8) percent, plus reasonable attorney's fees
and other costs of collecting the sums, without further hearing by the Code
Enforcement Board or the City Commission and without further notice of the
recording of said lien. Said lien shall be on a par with general city taxes.
(5) The approximate range of cost for the City to correct the nuisance
condition, exclusive of administrative costs, interest, collection costs or Attorney's
fees.
(6) That if the condition constituting a public nuisance as enumerated in
the notice recurs within the twelve-month period commencing from the delivery date
of the notice, the City may immediately and without further prior notice, correct or
remove the condition each time it recurs within said 12-month period, at the
expense of the owner, including all costs of inspection and administration.
(7) That if the notice is not deliverable or the return receipt is not received
by the Code Enforcement Division within fifteen (15) days after the mailing date and
hand delivery cannot be reasonably accomplished, a copy of the notice shall be
posted in plain view upon the land where the public nuisance exists and shall be
considered delivered on the date posted. If the condition constituting the public
nuisance is not corrected within seven (7) days after posting, the City shall have the
right to enter upon the premises and take steps reasonably necessary to correct or
remove the condition at the expense of the owner of the property. Posting shall be
sufficient notice that recurrence of any condition cited within the twelve-month
period specified above shall be subject to immediate abatement without further prior
notice.
(8) Appeal dates and procedures for a notice of public nuisance issued
pursuant to 100.2HA) shall be as follows:
(a) The owner shall have five (5) days from the delivery date of the
notice of public nuisance to file a written petition with the City Manager or his
designee for a hearing before a three-person panel. Said panel shall be
composed of the City Manager, the Director of Environmental Services or the
City Engineer, and the Director of Parks and Recreation, or their designees.
The hearing shall be scheduled within ten (10) days of the date that the
petition is received by the City Manager.
(b) The issues to be determined at the hearing are whether the
condition does in fact exist, why the condition should not be abated by the
City at the expense of the owner, and the time limit for the abatement. The
6 ORD. NO. 41-05
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source of the condition shall not be a defense against the requirement that
the condition shall be abated by the owner.
(c) If after the hearing the panel determines that the condition
which exists on the property constitutes a public nuisance and is in violation
of city ordinance, the owner of the property shall have a reasonable time, as
determined by the panel, to correct or remove the condition, after which time
the City shall have the right to have the condition abated at the expense of
the property owner. If after delivery of the notice the owner has not requested
a hearing within five (5) days and has not corrected the condition causing the
public nuisance within seven (7) 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 thirty (30) days after the mailing of a notice of assessment for the cost
of the work together with all costs of inspection and administration, the City
shall have a lien placed against the property for the cost of the work,
including inspection and administrative costs, plus interest at the rate of eight
(8) percent, plus reasonable attorney's fees and other costs of collecting the
sum, without further notice of the recoding of said lien. Said lien shall be on
a par with general City taxes.
(B) Tho content and form of the notico required by Soction 100.21 shall be
approved by tho City /\ttornoy. The content and notice under 100.21(B) shall conform to
the reauirements of law. Appeal of Code Enforcement Board orders or county court
citation or a notice to appear shall be as provided by law.
(C) The notice provided in 100.22(A) shall be aiven prior to seekina iniunctive
relief.
Section 6. That Subheading, "Abatement", Section 100.23, "Notice of Recurring
Nuisance Abatemont Required: Content and Form", is hereby amended by enacting
Subparagraph (C) to read as follows:
Sec. 100.23. NOTICE OF RECURRING NUISANCE ABA T&MENT REQUIRED;
CONT&NT AND FORM.
!8} That if the condition constitutina a public nuisance as enumerated in the
notice recurs within the twelve month period commencina from the delivery date of the
notice. the City may immediatelY and without further notice. correct or remove the
condition each time it recurs within said 12-month period. at the expense of the owner,
includina all costs of inspection and administration.
7 ORD. NO. 41-05
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fA} @ If there is a recurring nuisance after the expiration of the 12 month period
referred to in Section 100.23(A). procedures in Section 100.21 and Section 100.22 shall be
followed. and tho City abatos the nuisanco, a writton notico of rocurring nuisanco
abatoment shall be sont to the property O'J.'ner at tho address listod in tho records of the
Palm Beach County Tax Assessor by first class mail, postago prepaid. Altornativoly, the
notico may bo hand doliverod to tho owner if such dolivery is practical. Tho notice shall bo
considered doliverod when oither hand delivered or proporly addrossed and depositod in
tho U.S. mail, postago prepaid. In tho ovent tho mailod notice is returned by tho postal
authorities and hand delivory cannot bo reasonably as definod in Soction 100.21 (/\), tho
City Manager or his designee shall post a copy of tho notico in a conspicuous location on
the property. .'\ postod notico shall be considerod deli'lorod '.vhon posted.
(8) Tho notico roquired in Section 100.23(.'\) shall advise tho owner of tho land of
tho follo':,ing ordinanco roquiremonts:
(1 ) \Nhat condition constitutos the recurring nuisanco, defined as tho
same typo of nuisanco condition proviously cited in any notico of public nuisance
delivered to the same ownor of record for the same proporty within the last Ì\velvo
(12) months.
(2) \^Jhat typo of recurring nuisanco was found, tho dato tho rocurring
nuisance condition was observed, tho specific ordinanco Soction in violation, and
tho delivery date of tho notice of public nuisance which previously notifiod tho ownor
of the nuisance condition which no',·.. recurrod.
(3) That the rocurring nuisance condition ,-vas abatod by tho City and the
date and approximate cost of abatemont, including an administrativo charge by the
Code Enforcomont Division, but oxclusi'.'e of intorost, colloction, attornois foos,
recording and any additional administrativo costs.
(4) That if tho Notico of Recurring Nuisanco Abatement '....as roturnod as
undelivorable by the postal authorities and could not bo reasonably hand delivered,
tho notice shall bo postod in a conspicuous location on the land.
(5) \.^Jhat the final appeal date and procoduro are, including:
(a) ^ writton appeal of a Notice of Rocurring Nuisance Abatement
must be roceived by the City Managor no later than fivo (5) days after tho
mailing, hand delivering or posting of the notice, as applicablo. Such appeals
shall be heard by a throo membor panel consisting of the City Manager, the
Diroctor of Environmental Servicos or the City Engineer, and tho Director of
Parks and Rocroation, or thoir designoos. The appollant shall bo givon notico
8 ORD. NO. 41-05
5/23/05
of tho date and time of such h03ring which shall be schodulod within ton (10)
days from the date of rocoipt of tho v.'ritten appoal, or 3S othorv.'ise mutually
3grood upon by tho proporty owner and tho City.
(b) The panel Sh311 dotormine, among othor mattors, if a roourring
nuis3nco oocurred and if tho 3b3tomont 'Nas procossod in 30oordanco '.vith
City Ordinances. Tho sourco of the condition 3b3tod shall not be a dofonso.
Tho p3nol Sh311 issue a written dotormination to the appellant.
(c) If payment is not rocoi'.'od within thirty (30) days after the
m3iling of a notice of assessmont for tho oost of the work together with all
costs of inspection and 3dministr3tion, the City shall h3VO a lien placed
3g3inst tho property for the cost of tho ':Jork, including inspection 3nd
administr3tivo costs, plus interest at the r3to of oight (8) porcont, plus
roasonable attorney's fees and othor costs of collocting tho sum, without
furthor homing by tho panel or the City Commission and without further
notioe of the recording of said lien. Said lion shall be on 3 p3r with general
City t3xes.
(d) Tho City Attornoy shall approvo tho oontont and form of the
notico required by this Sootion.
(C) Notices of recurrinQ nuisances issued pursuant to the Code Enforcement
Board process shall be issued in accordance with the laws QoverninQ the Code
Enforcement Board; and appeals shall be processed as set forth in Chapter 37 of the Code
of Ordinances and as provided bv law.
Section 7. That Subheading, "Abatement", Section 100.26, "Assessment of Costs,
Interest and Attorney's Fees; Lien", is hereby amended to read as follows:
Sec. 100.26. ASSESSMENT OF COSTS, INTEREST AND A TTORNEY'S FEES; LIEN.
As soon after the abatement as feasible, the City Manager shall report to the City
Commission the cost of the abatement, including the cost of inspection and administration.
Thereafter, the Commission shall by resolution assess the cost against the subject parcel.
This resolution 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 eight (8) percent 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 thirty (30) days from the
date of adoption, and the assessment contained therein shall become due and payable
thirty (30) days after the mailing date of the notice of assessment. In the event that
9 ORD. NO. 41-05
5/23/05
payment has not been received within thirty (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 cost 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 following form:
10 ORD. NO. 41-05
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NOTICE OF LIEN
Date:
TO:
ADDRESS:
You are hereby advised that the City of Delray Beach did on or about the day of
, -t-Q 20 , 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 ordinancos the Code of 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 FURTHER
NOTICE OF LIEN SHALL BE SENT PRIOR TO 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 (8) percent interest per annum and the cost of collection
includes a reasonable attomeys fee.
When the City of Delray Beach has received payment for such lien, the City Manager
or his designated representative sAaIl will execute a release thoroof to remove the lien from
your propertyï .:. t Ihe recording cost of recordinq the release of lien wAi6A shall be borne by
you. The City may enforce the assessment by either an action at law or foreclosure of the lienï
provided in Section 100.26 and 100.27. 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 eight (8) percent from the date of assessment, collection costs and
reasonable Attorneys fees. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY
TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES,
INCLUDING MORTGAGES AS PROVIDED BY CHAPTER 21786, LA'NS OF FLORIDA,
SPECIAL ACT OF 1919, AS AMENDED.
Section 8. That Subheading, "Abatement", Section 100.27, "Enforcement Assessment;
Priority of Lien", is hereby amended and a new Subsection (B) is enacted to read as follows:
11 ORD. NO. 41-05
-
5/23/05
Sec. 100.27. ENFORCEMENT OF ASSESSMENT; PRIORITY OF LIEN.
(A) The City may enforce the abatement assessment§ by eitAeF an action at law~
injunctive relief. 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 eitRef the above type§ of
action, the City shall be entitled to interest at the rate of eight (8) percent from the date of
assessment, collection costs and reasonable attorneys 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 Ch3ptor 25786, L3'/.<s of Florida, Spocial.^,ct of 1949, as amended.
(8) The City may alternatively enforce the action throuah the code enforcement
process.
Section 9. 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 10. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 11. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this _ day
of ,2005.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
12 ORD. NO. 41-05
u: (!-fí/LO{ ~~
1î} ì=ñday, Jooe 10, 2005 ~ Boca ~ Beaèh News . www~com
--
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LEGAL NOTICEs LEGAL NOTICES
Atfl::NUV{ 'A .t'HUVIU1M:iA~VIM:ì
Cl.AlJSf. A GENERAL REPEAlER Of THE CIlY Of DELRAY BEACH,
ClAUSE, NIO HI EfÆCI\1IE DAlE flORlOA, BY AMENDING APl'ENDtX
"A', "DfFIMTIONS", BY REPEAUNG
0IIIII1WIΠ110 41-415 l11E IJEF\NIT1OH Of "RESTAIJIWlT"
W lIS ENTIRETY NIJ ENACTING A
HI ORDINANCE Of THE CIlY COM- tI;W IJERNITIOOfOR "RES\"AUIIAHT
MISSION Of THE CIlY Of OElRAY cr~·, PROVIDING A SAVING
100 BEACH, AMENDING CHAPTER 100, ' GENERAL REPEAlER
"NUISANCES", Of THE CooE OF Cl.'USE. NIO HI EITEC11'JE DAlE ;
ANNOUNCEMENTS ORDINANCES Of THE CIlY Of DEL- PIoase be _ 1I1at ~ a pen;oo :
----{]!Ð- RAY BEACH, FlORIDA, BY AMEND-
ING SECTION 10001, "'EXISTENCE Of _ to appeal any decision made
WEEDS. TRASH NIO IÆGETATlON IJyIhe CIIy CommissIon _ '""II"CI Jo
UPON LANDS PRDHlBITEIY, TO PRO- any mattor _ at 1I1ese høar-
LEGAL NoTICES VIDE THAT IlEGETATION OR l1\EE5 ongs, sudI pen;oo may .- In ensu",
WHICH INTERfERE WITH 1RAfF1C 1I1ata _ record _\he 1Es-
ROW, SAFÐY DR IffiLITIES ARE A == and -.... upon ""'"'" \he.
çm..:a-:a~ NUISANCE NIJ TO PROVIDE fOR is In be based. The City does
ENFORCEMENT, BY AMENOING SEC- 001 ~ TIOf prepare sudI record
TlDN 100 02, '1.ANDS TO 8£ KEPT P,"want In F S 286 0105
A PUBUC HfAR NG WIll be hold on \he FREE Of DEBRIS, IÆGETAl10N HID
~ onItnanœs al7110 THE lUŒ", TO REAlI "IiURRlCANES CITY Of DELRAY BEACH
pin. 00 Y, JUNE 21, 200S DC lANDS TO BE KEPT FREE Of DEBRIS, CheveIIe 0 Nubin
aI any COOIinuatJOn 01 StJCI¡ n-.g VEGETATION NIJl11E UIŒ", TO ADO City Clerk
~~~Jó~~ A DUTY TO CORRECT NIJ INSPECT
HID TO ADO U11U11ES AS A HAZ- P\I6USH fOOay, June la, 2005
1st Avenue, ~ 8eadt, FIoItJa, at ARD, BY REPEAlING SECTION Boca RatorvtJelray Beach News
_ 1Ime f1e GornmIssooo wi. 10020, "INSPECTION Of lANDS TO Ad 1122501
œnso<\l!r _ adoption The proposed DETERMINE VIOLATION", BY
ordmanœs may be II1SpedBd aI \he AMENDING SECTIOII 100 21,
01fice of \he CIty Clerk at CIIy Hal, 100 "NOTICE Of VIOlATION REQUIRED"
~Woo:..~~OU~8~in.~ TO READ, "NOTICE Of VIOlATIoN
REQU1fIED: ABA1<MENT NIO ALTER-
5110 pm, Monday through fOOay, NATIVE EPEOACEMENT", TO PRO-
except holidays All ""'rested parJ¡es VIDE ALTERNATE ENfORCEMENT
are ""'lied In attend and be heard _ PROCEDURES, BY AMENDING SEC-
respect to the proposed onJmances. TlON 10022, "CDtmNT NIO fORM
ORDINANCE NO. -_ Of NOTICE', TO ClARIFY NOTICE
REQUIREMENTS, BY AMENDING
SECTION 100 23, "NOTICE OF
HI ORDINANCE OF THE COY COM- RECURRING NUISANCE REQUIRED
MISSION Of THE CITY Of DELRAY CONTENT HID fORM', BY ENACTlNG
BEACH, RORIDA. REZONING HID A NE.W SECT10N (A) TO PROVIDE fOR
PlACING lAND PRESENTlY ZONED NO NOTICE fOR IlEClJRRING NUI-
~1-ÄiJDI~¥MI~~Y(=:': SANCES THAT OCCUR WITHIN A 12
MONTH PERloo, RElETTERING!
TY FACtUTIES} DlSTRIGT, SAID LAND RENUMBERING HID DELETING
BEING A PARCEL LOCATED ON THE DUPUÇA1lVE NOTICE PROVISIONS
WEST SIDE Of NW 4TH "'VENUE, ~~gES=~~*~~u~
IIPPROXIMATElY 80 fEET SOUTH Of
MARTIN LUTHER KING JR. DRIVE RING PUBUC NUISANCE PURSUED
fN 2ND AVENU~ AS MORE PAR- UNDER THE CODE ENfORCEMENT
ICULARl Y DE RIBED HEREIN PROCESS SHALL BE ISSUED IN
AMENDING "lOlliNG MAP Of 00..: ACCORDANCE WITH LAW, BY
RAY BEACH, RDRIDA. APRIL 2005- AMENDING SEGTlON 100.26,
PRO'IIDlNG A GENERAl REPEALEFi "ASSESSMENT Of COSTS, INTEREST
ClAUSE, A SAVING ClAUSE. AND HI NIO ATTORNEY'S ÆES, UENS" TO
EFÆCTI'JE DAlE REMOVE THE REÆRENCE TO 'THe
LAWS OF RORIDA. BY AMENDING
ORDINANCE NO. 31HI5 SECTION 100.27, "ENFOACEMENTOf
ASSESSMENT. PRIORITY Of UEN"
,'1'1 DRDlNANCE Of THE CITY COM- TO ClARIFY THE ENfORCEMENT
I~ISSION Of l11E CIlY Of DElRAY PEAMllTED, AND TO PROVIDE
t!EACH, FlORIDA. AMENDING l11E GRAMMATICAL CHANGES TO ALl
LAND DEVELOPMENT REGUlATIONS - SECT1ONS, PROVIDING A SAVING
Of l11E CITY Of DElRAY BEACH ClAUSE, A GENERAL REPEAlER
RORIDA, BY AMENDING APPEHI!I)¡ ClAUSE, HID HI EITEC11'JE DAlE
"A" "DEANmDNS", BY ENAC1lNG A
N£W OEFINmON fOR ·LOWEST ORDIIIANŒ NO. 42-05
RDOR" AND AMENDING SECTION
4 5 3, "R.DOD DAMAGE CONTRI1 HI DRDINANCE Of THE CIlY COM-
DISTRICTS", IN ORDER TO INClUDE MISSION Of l11E CIlY Of OElRAY
A REFERENCE TO THE DEANITlON Of BEACH, FLORIDA, AMENDING THE
"LOWEST R.OOR" AS PROVIDED IN lAND DEVElOPMENT REGUlATIONS
"