05-97 ORDINANCE NO. 5-97
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 BY AMENDING SECTION
37.03, "DEFINITIONS"__TO PROVIDE FOR A DEFINITION
FOR NOTICE TO APPEAR; AMENDING SECTION 37.36,
"INITIATION OF ENFORCEMENT PROCEDURES", SUBSECTION
(E), TO PROVIDE THAT THE CODE ENFORCEMENT BOARD
RETAINS THE RIGHT TO SCHEDULE A HEARING AND IMPOSE
REASONABLE PAYMENT OF ENFORCEMENT FEES UPON REPEAT
VIOLATIONS EVEN IF THE REPEATED VIOLATION IS
CORRECTED PRIOR TO THE SCHEDULED HEARING, AND BY
ENACTING NEW SUBSECTIONS (F) AND (G) TO PROVIDE
CODE ENFORCEMENT OFFICERS WITH THE AUTHORITY TO
ISSUE NOTICES TO APPEAR IN COUNTY COURT FOR CODE
VIOLATIONS AND PROVIDING PROCEDURES FOR THE
ISSUANCE OF NOTICES TO APPEAR BY CODE ENFORCEMENT
OFFICERS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Section 37.03 of the City Code provides for
definitions as it pertains to the City codes and ordinances which
promote the health, safety and welfare of the citizens of the City;
and
WHEREAS, Section 37.36 of the City Code provides for
procedures for the enforcement of the City's codes and ordinances to.
promote the health, safety and welfare of the citizens of the City;
and
WHEREAS, the State Legislature has enacted state statutes
that authorize municipal code enforcement boards to schedule hearings
and impose payment of reasonable enforcement fees upon repeat
violators even if the repeat violation is corrected prior to the
scheduled hearing; and
WHEREAS, the State Legislature has enacted state statutes
that authorize municipal code enforcement officers to issue Notices
to Appear in County Court to assist in the enforcement of municipal
codes and ordinances; and
WHEREAS, the City Commission desires to incorporate state
law into its Code of Ordinances to allow for the full range of
municipal code enforcement powers as authorized by state law to
promote the health, safety and welfare of its citizens.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF '
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title III, ,,Administration'!, Chapter 37,
"Delray Beach Code Enforcement", Section 37.03, "Definitions", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the
same is hereby amended to read as follows:
Section 37.03 DEFINITIONS.
For the purpose of this chapter the following definitions
shall apply unless the context clearly indicates or requires a
different meaning.
.BOARD". The Code Enforcement Board of the City.
"CITY ATTORNEY". The City Attorney or Assistant City
Attorney.
"CITY COMMISSION". The legislative body of the City.
"CODE ENFORCEMENT OFFICERS" or "BUILDING/CODE ENFORCEMENT
OFFICERS". Those employees or other agents of the City designated by
ordinance or duly authorized and appointed by the City Manager, whose
duty it is to enforce City codes and to present code violations to
the Code Enforcement Board.
"CODES." The chapters of this code of ordinances described
in Sec. 37.02 above.
"NOTICE" or "WRITTEN NOTIFICATION". Notice shall be
provided to the alleged violator by certified mail, return receipt
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 violator's usual place of
residence with any person residing therein who is above the age of 15
years of age and informing such person of the contents of a notice or
at the option of the Code Enforcement Board by publication pursuant
to F.S. Section 162.12(2). In lieu of publication, such notice may
be posted for at least ten (10) days in at least two locations, one
of which shall be the property upon which the violation is alleged to
exist and the other of which shall be at City Hall.
(]~n. Ord. No. 99-94, passed 1/3/95)
"NOTICE TO APPEAR". A notice to appear means a written
order issued by a code enforcement officer in lieu of physical arrest
requirinq a person accused of violatinq the law to appear in a
desiqnated court or qovernmental office at a specified date and time.
- 2 - Ord. No. 5-97
"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
years prior to the violation.
"VIOLATOR". The person responsible for the code violation,
which in the appropriate circumstances shall be the perpetrator of
the violation or the owner of the real property upon which the
violation occurred, or both.
('80 Code, Sec. 2-103) (Ord. No. 78-79, passed 12/10/79; Am. Ord.
No. 51-82, passed 8/24/82; Am. Ord. No. 81-89, passed 12/5/89;
Am. Ord. No. 99-94, passed 1/3/95)
Section 2. That Title III, "Administration", Chapter 37,
"Delray Beach Code Enforcement", Section 37.36, "Initiation of
Enforcement Procedures", of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 37.36 INITIATION OF ENFORCEMENT PROCEDURES.
(A) It shall be the duty of the Code Enforcement Officer
to initiate enforcement proceedings of the various codes. However,
no member of the Code Enforcement Board shall have the power to
initiate such enforcement proceedings.
(B) Except as provided in paragraph (C) and (E), if a
violation of the codes described in Sec. 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
request a hearing. The Board, through its clerical staff, shall
schedule a hearing, and written notice of such hearing shall be
hand-delivered or mailed as provided by this chapter to the
violator. If the violation is corrected and then recurs, the
case shall be presented to the Board even if the violation has
been corrected prior to the Board hearing, and the notice shall
so state.
(C) If the Code Enforcement Officer has reason to believe
a violation or the condition causing the violation presents a serious
threat to the public health, safety, and welfare, he shall make a
reasonable effort to notify the violator and may immediately notify
the Board and request a hearing.
(F.S. Section 162.06) (Am. Ord. No. 99-94, passed 1/3/95)
- 3 - Ord. No. 5-97
(D) Fire prevention code violations. If the violation
arose under Chapter 96, the Code Enforcement Officer or the Chief of
the Fire Department may, at his option, either proceed under this
chapter or pursuant to the authority and procedures set forth in
Chapter 96. Nothing in this chapter shall be construed or applied to
limit the authority of the Chief of the Fire Department or of any
fire marshal or fire inspector to proceed pursuant to Chapter 96.
(E) If a repeat violation is found, the Code Enforcement
Officer shall notify the violator but is not required to give the
violator a reasonable time to correct the violation, and may
immediately issue a citation. 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. If the repeat violation has been
corrected, the Code Enforcement Board retains the right to schedule a
hearing to determine costs and impose the payment of reasonable
enforcement fees upon the repeat violator. The repeat violator may
choose to waive his or her rights to this hearing and pay said costs
as determined by the Code Enforcement Board.
(F) Notwithstanding Section 37.36(B), a Code Enforcement
Officer may issue a Notice to Appear at any hearing conducted by a
County Court if the officer, based upon personal investigation, has
reasonable cause to believe that the person has violated a code or-
ordinance. If a person issued a notice to appear under this section
refuses to sign such notice, the code enforcement, officer has no
authority to arrest such person.
(G~ Prior to issuing a notice to appear, a code
enforcement officer shall provide written notice to the person that
the person has committed a violation 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 fewer than five
(5) days and no more than thirty (30) days. If, upon personal
investigation, a code enforcement officer finds that the person has
not corrected the violation within the prescribed time period, a code
enforcement officer may issue a notice to appear to the person who
has committed the violation. A code enforcement officer is not
required to provide the person with a reasonable time period to
correct the violation prior to issuing a notice to appear and may
immediately issue a notice to appear if a repeat violation is found,
or if the code enforcement officer has reason to believe that the
violation presents a serious threat to the public health, safety or
welfare, or if the violation is irreparable or irreversible.
- 4 - Ord. No. 5-97
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 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 18th day of February , 1997.
ATTEST: ~/~~A~~
~City-C~rk
First Reading February 4, 1997
Second Reading February 18, 1997
- 5 - Ord. No. 5-97
RAN D UM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY M_~XlAGER~/~
SUBJECT: AGENDA ITEM # /0~_ REGULAR MEETING OF FEBRUARY 18, 1997
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 5-97
(AMENDMENTS TO CODE ENFORCEMENT ORDINANCE)
DATE: FEBRUARY 13, 1997
This is second reading and public hearing for Ordinance No. 5-97
which amends Chapter 37, "Delray Beach Code Enforcement", of the
City Code. In sum, the amendments allow code officers to issue
Notices to Appear in County Court for code violations. Also, the
Code Enforcement Board will be allowed to assess enforcement fees
upon repeat violators even if the repeat violation is corrected
prior to the scheduled hearing. These amendments are authorized
by Florida Statutes 162.06 and 162.23 which were enacted in 1996.
At first reading on February 4, 1997, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 5-97 on second and final
reading.
ref:agmemo9
CITY aF OELR#Y BEACH
CITY ATTORNEY'S OFFICE 300WATLANTICAVENUE-DELRAYBEACI-I, FLORIDA 33444
TELEPHONE 407/243-7823 ° FACSIMILE 407/243-7816
POLICE LEGAL ADVISOR
Ali.America City
1993 TO: David Harden, City Manager
FROM: Eric D. Hightower, Police Legal Advisor
DATE: January 17, 1997
SUBJECT: Amendments to Chapter 37, Code Enforcement Ordinance
Attached for your review and submission to the City Commission is the proposed
amendments to the Code Enforcement Ordinance. In sum, the amendments
allow code officers to issue Notices to Appear in County Court for code
violations. Also, the Code Enforcement Board will be allowed to assess
enforcement fees upon repeat violators even if the repeat violation is corrected
prior to the scheduled hearing. These amendments are authorized by F.S.
162.06 and 162.23 which were enacted in 1996.
If you find these changes acceptable, please place them on the Commission
Agenda at your earliest convenience. Feel free to contact me if I can be of
further assistance in this matter.
EDH:Ibg
c: Susan Ruby, City Attorney
Lula Butler, Director of Community Improvement
A PUBLIC HEARING will be held
the following proposed ordinances
7:00 PJ~. Oi1 TUESDAY, FEBRUARY
11, 1997 (or at any contin~tioa of SKI1
meeting which is set by lbe Commis-
sio~), in rne Cih~ Cornmlsit~ Chain-
tiers, 100 N.W. lit Aven~e, D~lray
Beech, Flo~iM, at which time t~e City
~miisio~ will cortside* tlleir ~
Nan. The ~ ordinances rnly lie
in.ce it ~ O~ice of the City
Cles'k it CJly Hill I~ N.W. lit Ave-
~ue, Delray B~ct~, F~'ida, belween
~ hours d S:I~ a.m. to S:~ p.m.,
I~¥ fllru Friaa¥, excep~ ho;;days.
AIZ intoreste¢l l~lies ir~ invlt~l to
te~d ind be beerd win reslx, ct to tbe
AH ORDINANCE OF THE CITY
MISSION 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 BY
AMENDING SECTION 37.~3,
~DEF~NITIONS', TO PROVIDE FOR
A DEFINITION FOR NOTICE TO AP-
PEAR; AMENDING SECTION 37.36,
'~HITIATION OF ENPORCEMENT
PROCEDURES", SUBSECTION (E),
TO PROVIDE THAT THE CODE EN-
FORCEMENT BOARD RETAINS
THE RIGHT TO SCHEDULE A
HEARING AND IMPOSE REASON.
ABLE PAYMENT OF ENFORCE-
MENT FEES UPON REPEAT VIOLA.
TIONS EVEN IF THE REPEATED
VIOLATION ~S CORRECTED PRIOR
TO THE SCHEDULED NEARINO,
AND BY ENACTING HEW SUBSEC-
TIONS (FI AND (G) TO PROVIDE
CODE ENFORCEMENT OFFICERS
WITH THE AUTHORITY TO ISSUE
NOTICES TO APPEAR JN CDUHTY
COURT FOR CODE VIOLATIONS
AND PROVIDING PROCEDURES
FOR THE ~SSUANCE OF NOTICES
TO APPEAR BY CODE ENFORCE-
MENT OFFICERS; PROVIDING A
SAVING CLAUSE, A GENERAL RE.
PEALER CLAUSE, AND AN EFFEC.
TIVE DATE
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ESTABLISHING
THE WEST SETTLERS HISTORIC
DISTRICT AS THE SAME IS MORE
PARTICULARLY DESCRIBED
HEREIN; DESIGNATING THE WEST
SETTLERS HISTORIC DISTRICT TO
THE LOCAL REGISTER OF HISTOR-
IC PLACES; PROVIDING FOR THE
AMENDMENT OF THE 'ZONING
MAP OF DELRAY BEACH, FLORI.
DA, 1994~ TO SHOW THE HISTORIC
DESIGNATION IN AN OVERLAY
MANNER; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE
DATE.
AN ORDINANCE OF THE C~TY CO~
MISSION OF THE C~TY OF DELRAY
BEACH, PLORtDA, AMENDING SEC-
?ION J.~,5, 'WALLS, FENCES, AND
HEDGES~, OF THE LAHD DEVEL.
OPMENTREGULATIONS OF THE
CiTY OF DELRAY BEACH, TO RE-
STRICT THE MAXIMUM HEIGHT OF
WALLS, FENCES, AND HEDGES
WHERETHEY ARE DEEMED TO
CREATE A SIGHT OBSTRUCTION;
PROVIDING A MEASUREMENT
METHOD FOR HEIGHT; RESTRICT.
lNG TIlE USE OF CERTAIN FENCE
TYPES IN FRONT AND STREET
SIDE YARDS UNLE,~$ SCREENED
BY HEDGING; PROVIDINO
SCREENING REQUIREMENTS FOR
MASONRY WALLS; PROVIDING
FOR SETBACKS AND LANDSCAP-
ING; PROVIDING A GENERAL RE-
PEALER CLAUSE~A SAVING
CLAUSEiAND AN EFFECTIVE
DATE.
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF OELRAY
BEACH, FLORIDA, AMENDING SEC-
T~ON 2.~,2, 'NOTICE REQUIRE.
MENTS~, AND SECTION
'ABANDOMENT OF
RIGHTS-OF-WAY~, OF THE LAND
DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, TO
REVISE THE PROCEDURE BY
WHICH PUBLIC RIGHTS-OF-WAY
MAY BE ABANDONED; PROVIDING
FOR A GENERAL REPEALER
; FLu_s_~:. *_. L* vj.,.~' CLAUSE~
ORDINANCE NO.
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 BY AMENDING SECTION
37.03, "DEFINITIONS," TO PROVIDE FOR A DEFINITION FOR
NOTICE TO APPEAR; AMENDING SECTION 37.36, "INITIATION
OF ENFORCEMENT PROCEDURES," SUBSECTION E, TO
PROVIDE THAT THE CODE ENFORCEMENT BOARD RETAINS
THE RIGHT TO SCHEDULE A HEARING AND IMPOSE
REASONABLE PAYMENT OF ENFORCEMENT FEES UPON
REPEAT VIOLATIONS EVEN IF THE REPEATED VIOLATION IS
CORRECTED PRIOR TO THE SCHEDULED HEARING AND BY
ENACTING NEW SUBSECTIONS (F) AND (G) TO PROVIDE CODE
ENFORCEMENT OFFICERS WITH THE AUTHORITY TO ISSUE
NOTICES TO APPEAR IN COUNTY COURT FOR CODE
VIOLATIONS AND PROVIDING PROCEDURES FOR THE
ISSUANCE OF NOTICES TO APPEAR BY CODE ENFORCEMENT
OFFICERS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, Section 37.03 of the City Code provides for definitions as it
pertains to the City codes and ordinances which promote the health, safety and welfare of
the citizens of the City; and
WHEREAS, Section 37.36 of the City Code provides for procedures for
the enforcement of the City's codes and ordinances to promote the health, safety and
welfare of the citizens of the City; and
WHEREAS, the State Legislature has enacted state statutes that authorize
municipal code enforcement boards to schedule hearings and impose payment of
reasonable enforcement fees upon repeat violators even if the repeat violation is corrected
prior to the scheduled hearing; and
WHEREAS, the State Legislature has enacted state statutes that authorize
municipal Code Enforcement officers to issue Notices to Appear in County Court to assist
in the enforcement of municipal codes and ordinances; and
WHEREAS, the City Commission desires to incorporate state law into its
Code of Ordinances to allow for the full range of municipal code enforcement powers as
authorized by state law to promote the health, safety and welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 37, "Delray Beach Code Enforcement,"
Section 37.03, "Definitions," of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
SECTION 37.03 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
"BOARD." The Code Enforcement Board of the City.
"CITY ATTORNEY." The City Attorney or Assistant City Attorney.
"CITY COMMISSION." The legislative body of the City.
"CODE ENFORCEMENT OFFICERS" or "BUILDING/CODE
ENFORCEMENT OFFICERS." Those employees or other agents of the City
designated by ordinance or duly authorized and appointed by the City Manager, whose
duty it is to enforce City codes and to present code violations to the Code Enforcement
Board.
"CODES." The chapters of this code of ordinances described in Sec. 37.02
above.
"NOTICE." or "WRITTEN NOTIFICATION". Notice shall be provided to
the alleged violator by certified mail, return receipt 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 violator's usual place of residence with
any perso~_re~sidi~t~: ~~ -~, __--~,.~.__ ~,0~. ~z.,therein whQ~s abovedhe a~e~of 15 years of age and informing such
persoff~-l~o~rcl~b~ub~a~~w.S. Section 162.12(2). In lieu of
publication, such notice may be posted for at least ten (10) days in at least two locations,
one of which shall be the property upon which the violation is alleged to exist and the
other of which shall be at City Hall.
(Am. Ord. No. 99-94, passed 1/3/95)
"NOTICE TO APPEAR." A notice to appear means a written order issued by a
code enforcement officer in lieu of physical arrest requiring a person accused of violating
the law to appear in a designated court or governmental office at a specified date and time.
"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 years prior to the violation.
"VIOLATOR.". The person responsible for the code violation, which in the
appropriate circumstances shall be the perpetrator of the violation or the owner of the real
property upon which the violation occurred, or both.
('80 Code, Sec. 2-103) (Ord. No. 78-79, passed 12/10/79; Am. Ord. No. 51-82, passed
8/24/82; Am. Ord. No. 81-89, passed 12/5/89; Am. Ord. No. 99-94, passed 1/3/95)
Section2. That Chapter 37, "Delray Beach Code Enforcement,"
Section 37.36, "Initiation of Enforcement Procedures," of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
SECTION 37.36 INITIATION OF ENFORCEMENT PROCEDURES.
(A) It shall be the duty of the Code Enforcement Officer to initiate
enforcement proceedings of the various codes. However, no member of the Code
Enforcement Board shall have the power to initiate such enforcement proceedings.
(B) Except as provided in paragraph (C) and (E), if a violation of the
codes described in Sec. 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 request a heating. The Board, through its clerical
staff, shall schedule a heating, and written notice of such heating shall be hand delivered or
mailed as provided by this chapter to the violator. If the violation is corrected and then
recurs, the case shall be presented to the Board even if the violation has been corrected
prior to the Board hearing, and the notice shall so state.
(C) If the Code Enforcement Officer has reason to believe a violation or
the condition causing the violation presents a serious threat to the public health, safety and
welfare, he shall make a reasonable effort to notify the violator and may immediately
notify the Board and request a hearing.
(F.S. Section 162.06) (Am. Ord. No. 99-94, passed 1/3/95)
(D) Fire prevention code violations. If the violation arose under
chapter 96, the Code Enforcement Officer or the Chief of the Fire Department may~at/hi)
option, either proceed under this chapter or pursuant to the authority and procedu£e~et
forth in Chapter 96. Nothing in this chapter shall be construed or applied to limit the
authority of the Chief of the Fire Department or of any fire marshal or fire inspector to
proceed pursuant to Chapter 96.
(E) If a repeat violation is found, the Code Enforcement Officer shall
notify the violator but is not required to give the violator a reasonable time to correct the
violation, and may immediately issue a citation. 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 heating 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. If the repeat violation has
been corrected, the Code Enforcement Board retains the right to schedule a hearing to
determine costs and impose the payment of reasonable enforcement fees upon the repeat
violator. The repeat violator may choose to waive his or her rights to this heating and pay
said costs as determined by the Code Enforcement Board.
(F) Notwithstanding Section 37.36(B), a Code Enforcement Officer
may issue a Notice to Appear at any hearing conducted by a County Court if the officer,
based upon personal investigation, has reasonable cause to believe that the person has
violated a code or ordinance. If a person issued a notice to appear under this section
refuses to sign such notice, the code enforcement officer has no authority to arrest such
person.
(G) Prior to issuing a notice to appear, a code enforcement officer shall
provide written notice to the person that the person has committed a violation 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 fewer than five (5) days and no more
than thirty (30) days. If, upon personal investigation, a code enforcement officer finds that
the person has not corrected the violation within the prescribed time period, a code
enforcement officer may issue a notice to appear to the person who has committed the
violation. A code enforcement officer is not required to provide the person with a
reasonable time period to correct the violation prior to issuing a notice to appear and may
immediately issue a notice to appear if a repeat violation is found, or if the code
enforcement officer has reason to believe that the violation presents a serious threat to the
public health, safety, or welfare, or if the violation is irreparable or irreversible.
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 ten (10) days
at, er its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the __ day of ,199_.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
Cod~nt/Ordinan¢