05-87 ORDINANCE NO. 5-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA AMENDING CHAPTER 2, "ADMINI-
STRATION", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE VI,
"CODES ENFORCEMENT", BY AMENDING SECTION 2-118,
"FINES FOR NONCOMPLIANCE WITH ORDERS", BY ENACTING A
PROVISION WHICH STATES THAT EACH TIME A VIOLATION
HAS BEEN REPEATED A HEARING SHALL NOT BE NECESSARY
FOR ISSUANCE OF THE ORDER, AND BY PROVIDING THAT A
CERTIFIED COPY OF AN ORDER IMPOSING A FINE SHALL
CONSTITUTE A LIEN AGAINST THE LAND ON WHICH THE
VIOLATION EXISTS AND UPON ANY OTHER REAL OR PERSONAL
PROPERTY OWNED BY THE VIOLATOR; PROVIDING A SAVINGS
CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 162.09 of the Florida Statutes has been
amended to provide that each time a violation has been repeated a
hearing shall not be necessary for the issuance of an order and that an
order imposing a fine shall be recorded and thereafter shall constitute
a lien against the land on which the violation exists and upon any other
real or personal property.
WHEREAS, the effective date of the amendment to Florida
Statutes Section 162.09 is July 1, 1986.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA AS FOLLOWS:
~9_G_~. That Section 2-118, "Fines for Noncompliance with
Orders", of Article VI, "Codes Enforcement", of Chapter 2
"Administration", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is, hereby amended to read as follows:
The City's Code Enforcement Board, upon notification by the
Code Compliance Division that a previous order of the Code Enforcement
Board has not been complied with by the time set or, upon finding that
the same vlolation has been repeated by the same violator, may order the
violator to pay a fine not to exceed Two Hundred Fifty Dollars ($250)
per day for each day that the violation continues past the date set for
compliance or for each time the violation has been repeated, and a
hearing shall not be necessary for issuance of the order. A certified
copy of an order imposing a fine may be recorded in the Public Records
and thereafter shall constitute a lien against the property upon which
the violation exists and ~-~{-~{~e-~'i~l~-~]~'~-~o~-~m~r~h~-~, upon
any other real or personal property owned by the violator and may be
enforced in the same manner as a court judgement by the Sheriffs of the
State including levy against the personal property, but shall not be
deemed otherwise to be a judgement of a court except for enforcement
purposes. After six (6) months from the filing of any such lien which
remain unpaid, the Code Enforcement Board may authorize the City
Attorney to foreclose upon the lien. No lien created pursuant to the
provisions of this article may be foreclosed on real property which is
Homestead under Article X, Section 4 of the State constitution.
~. 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 thereof or a
whole or part thereof other then the part declared to be invalid.
~gf~. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
~u~_~. That this Ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the loth dayof February 1987
MAYOR
ATTEST:
First Reading January 27, 1987
Second Reading February 10, 1987
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ORD. NO. 5-87