46-86 ORDINANCE NO. 46-86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2,
"ADMINISTRATION', ARTICLE VI, "CODES ENFORCEMENT",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SECTION 2-101,
"LEGISLATIVE INTENT", TO PROVIDE THAT THE CODES
SHALL BE ENFORCED AGAINST VIOLATIONS WHICH ARE NOT
CRIMINAL IN NATURE AND WHERE A PENDING OR REPEATED
VIOLATION CONTINUES TO EXIST; BY AMENDING SECTION
2-102, "APPLICABILITY", TO PROVIDE THAT THE CODE
ENFORCEMENT BOARD SHALL HAVE JURISDICTION TO HEAR
CASES INVOLVING ALLEGED VIOLATIONS WHICH ARE NOT -
CRIMINAL IN NATURE AND WHERE A PENDING OR REPEATED
VIOLATION CONTINUES TO EXIST; BY AMENDING SECTION
2-117, "DECISIONS AND ENFORCEMENT ORDERS", TO
PROVIDE THAT AN APPEAL SHALL NOT BE A HEARING DE
NOVO, BUT SHALL BE LIMITED TO APPELLATE REVIEW OF
THE RECORD CREATED BEFORE THE CODE ENFORCEMENT
BOARD; AND BY AMENDING SECTION 2-118, "FINES FOR
NONCOMPLIANCE WITH ORDERS', TO INCLUDE THAT THOSE
VIOLATORS WHO REPEAT THE SAME VIOLATIONS MAY BE
ORDERED TO PAY A FINE NOT TO EXCEED $250.00 PER DAY
FOR EACH DAY THE VIOLATION CONTINUES PAST THE DATE
SET FOR COMPLIANCE, TO CHANGE THE TIME TO FORECLOSE
UPON A LIEN FROM ONE YEAR TO SIX MONTHS FROM THE
FILING OF ANY SUCH LIEN WHICH REMAINS UNPAID, AND TO
PROVIDE THAT NO LIEN MAY BE FORECLOSED ON REAL
PROPERTY WHICH IS A HOMESTEAD AS DEFINED IN ARTICLE
X, SECTION 4 OF THE STATE CONSTITUTION; PROVIDING A
GENERAL REPEALER; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
- ~ That Chapter 2, "Administration", Article VI,
"Legislative intent" of the Code of
"Codes Enforcement", Section 2-101, ,
Ordinances of the City of Delray Beach, Florida be, and the same is
hereby amended to read as follows:
Sec. 2-101. Legislative intent.
It is the intent of this article to promote, protect and
improve the health, safety and welfare of the citizens of the city by
providing an equitable, expeditious, effective and inexpensive method of
enforcing the codes ~ese~be~-~n-seee~o~-R-~ for violations which are
not criminal in nature and where a pendinq or repeated violation
continues to exist.
~ That Chapter 2, "Administration", Article VI,
' Section 2-102,
"Codes Enforcement, 'Applicability", of the Code of
Ordinances of the City of Delray Beach, Florida be, and the same is
hereby amended to read as follows:
Sec.2-102. Applicability.
The city's code enforcement board shall have concurrent
jurisdiction to hear and decide cases involving alleged violations which
are not criminal in nature where a Dendina or repeated violation
continues to exist of the following codes: Chapter 2.5, Article I, alarm
systems; Chapter 9 and section 16-15, buildings and construction;
Chapter 11, Article II, fire prevention; Chapter 12, Article I, garbage
and trash; Chapter 13, health and sanitation; Chapter 14, junk,
junkyards and automotive repairs; Chapter 15, licenses; Chapter 23,
streets, sidewalks and other public places; Chapter 24, subdivisions;
Chapter 27, trees and shrubs; and Chapter 30, zoning, as said codes now
exist or as they may be amended by ordinance from time to time.
~J~LQ~3__~_L That Chapter 2, "Administration", Article VI,
"Codes Enforcement", Section 2-117, "Decisions and enforcement orders",
of the Code of Ordinances of the City of Delray Beach, Florida be, and
the same is hereby amended to read as follows: -
Sec. 2-117. Decisions and enforcement orders.
(a) Enforcement orders final subject to right of appeal.
Every enforcement order of the board shall be final subject to the right
of the aggrieved party, including, without limitation, the city or the
violator, to appeal a ruling or order of the board to the Circuit Court
of the Fifteenth Judicial Circuit of Florida in and for Palm Beach
County, Florida. Such an appeal shall not be a hearinq de novo. but
shall be limited to appellate review of the record created before the
code enforcement board. An appeal shall be filed within thirty (30)
days of the execution of the order to be appealed.
(b) Contents of enforcement orders. Every enforcement order
of the board shall be in writing and shall include findings of fact and
conclusions of law, and shall indicate the vote upon the order.
(c) Disposition of enforcement orders. Every enforcement
order shall be signed by the chairman and shall be filed in the office
of the city clerk. A copy of the signed order shall be sent by
certified mail, return receipt requested, to the violator.
(d) Time limit for making decision. The board shall in every
pro~:eeding reach a decision without unreasonable or unnecessary delay
and shall, in all instances, reach a decision within twenty (20) calen-
dar days from the date of the hearing.
(e) Compliance by city employees. All city employees shall
take action as necessary in accordance with a decision of the board.
~. That Chapter 2, "Administration", Article VI,
"Codes Enforcement", Section 2-118, "Fines for noncompliance with
orders", of the Code of Ordinances of the City of Delray Beach, Florida
be, and the same is hereby amended to read as follows:
Sec. 2-118. Fines for noncompliance with orders.
The city's code enforcement board, upon notification by the
ee~e ~nspeeee~ code compliant9 di¥ision that a previous order of the
code enforcement board has not been complied with by the time set or.
upon finding that the same violation has been repeated by the same
~ may order the violator to pay a fine not to exceed two hundred
fifty dollars ($250.00) per day for each day that the violation
continues past the date set for compliance. 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
2 ORD. NO. 46-86
violation exists or, if the violator does not own the land, upon any
other real or personal property owned by the violator and may be
enforced in the same manner as a court judgment by the sheriffs of this
state, including levy against the personal property, but shall not be
deemed otherwise to be a judgment of a court except for enforcement
purposes. After ome-T~r six {6) months from the filing of any such
lien which remains 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 a homestead under Article X. Section 4 of the State ConStitutiOn.
~ That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
~ 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.
~ 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 8th day of ~~ ~
MAYOR
ATTEST:
City~j~erk
First Reading June 24~ 1986
Second Reading July 8~ 1986
3 ORD. N0.46-86
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