Ord 28-00ORDINANCE NO. 28-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY
BEACH CODE ENFORCEMENT", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
37.03, "DEFINITIONS", TO PROVIDE FOR CLARIFICATION OF A
REPEAT VIOLATION; BY AMENDING SECTION 37.36, "INITIATION
OF ENFORCEMENT PROCEDURES", TO PROVIDE PROCEDURES FOR
ADDRESSING CHANGES IN PROPERTY OWNERSH2; BY
REPEALING SECTION 37.42, "FINES FOR NONCOMPLIANCE WITH
ORDERS", IN ITS ENTIRETY AND ENACTING SECTION 37.42,
"ADMINISTRATWE FINES; COSTS OF REPAR; LIENS", TO PROVIDE
UPDATED LANGUAGE AS PRESCRIBED BY STATE STATUTE; BY
ENACTING SECTION 37.46, "NOTICES" TO PROVIDE A PROCEDURE
FOR SERVING NOTICE UPON VIOLATORS; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE. i
WHEREAS, the City Commission has determined that the enforcement of the City's Code of
Ordinances serves the public interest and promotes the health, safety and welfare of the residents of Delray
Beach; and
WHEREAS, the City Commission has determined that the amendments herein will further the'
City's goal of enforcing its Code of Ordinances.
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.
"REPEAT VIOLATION". A violation of the provision of any code or ordinance by a
person whom the Cede Enforcement Board has been previously found through a code enforcement
board or any other quasi judicial or judicial process, to have violated or who has admitted violating
the same provision within five years prior to the violation, notwithstanding the violations occur at
different locations.
Section 2. That Chapter 37, "Delray Beach Code Enforcement", Section 37.36, "Initiation off
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.
(H) If the owner of property which is subject to an enforcement proceeding before an
enforcement board, special master, or court transfers ownership of such property between the time'
the initial pleading was served and the time of the heating, such owner shall:
1. Disclose, in writing, the existence and the nature of the proceeding to the!
prospective transferee; and
2. Deliver to the prospective transferee a copy of the pleadings, notices, and'
other materials relating to the code enforcement proceeding received by the transferor; and
3. Disclose, in writing, to the prospective transferee that the new owner will be'
responsible for compliance with the applicable code and with orders issued in the code enforcement
proceeding; and
4. File a notice with the code enforcement official of the transfer of the
property, with the identity and address of the new owner and copies of the disclosures made to the
new owner, within 5 days after the date of the transfer.
5. A failure to make the disclosures described in 37.36(H)1-4 before the transfer
creates a rebuttable presumption of fraud. If the property is transferred before the heating, the
proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time
to correct the violation before the hearing is held.
Section 3. That Chapter 37, "Delray Beach Code Enforcement", Section 37.42, "Fines for'
Noncompliance with Order", of the Code of Ordinances of the City of Dekay Beach, Florida, be and the
same is hereby repealed in its entirety and a new Section 37.42, "Administrative Fines; Costs of Repair;
Liens", be and the same is hereby enacted to read as follows:
Section 37.42 ADMINISTRATIVE FINES.: COSTS OF REPAIR: LIENS. '~
(A) An enforcement board, upon notification by the code inspector that an order of the~
enforcement board has not been complied with by the set time or, upon finding that a repeat
violation has been committed, may order the violator to pay a fine in an amount specified in this
section for each day the violation continues past the date set by the enforcement board for
compliance or, in the case of a repeat violation, for each day the repeat violation continues,
beginning with the date the repeat violation is found to have occurred by the code inspector. In
2 ORD. NO. 28-00
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addition, if the violation is a violation described in Section 37.36(C), the enforcement board shallI
notify the local governing body, which may make all reasonable repairs which are required to bring~
the property into compliance and charge the violator with the reasonable cost of the repairs along
with the fine imposed pursuant to this section. Making such repairs does not create a continuing
obligation on the part of the local governing body to make further repairs or to maintain the'
property and does not create any liability against the local governing body for any damages to the~
property if such repairs were completed in good faith. If a finding of a violation or a repeat
violation has been made as provided in this part, a hearing shall not be necessary for issuance of the'
order imposing the fine. If after due notice and heating, a code enforcement board finds a violation'
to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified int
paraeraph (B)(1).
(B)(1) A fine imposed pursuant to this section shall not exceed $250 per day for a firs(
violation and shall not exceed $500 per day for a repeat violation, and, in addition, may include all~
costs of repairs pursuant to subsection (A). However, if a code enforcement board finds the;
violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000 per
violation.
(2) In determining the amount of the fine, if any, the enforcement board shall consider'
the following factors:
(a) The gravity of the violation;
(b) Any actions taken by the violator to correct the violation; and
Any previous violations committed by the violator.
(3) An enforcement board may reduce a fine imposed pursuant to this section.
~ A certified copy of an order imposing a fine, or a fine plus repair costs, may be'
recorded in the public records and thereafter shall constitute a lien against the land on which the
violation exists and upon any other real or personal property owned by the violator. Upon petition to
the circuit court, such order shall be enforceable in the same manner as a court judgment by the
sheriffs of this state, including execution and levy against the personal property of the violator, but
such order shall not be deemed to be a court judgment except for enforcement purposes. A fine
imposed pursuant to this part shall continue to accrue until the violator comes into compliance or
until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien
arising from a fine imposed pursuant to this section runs in favor of the local governing body, and
the local governing body may execute a satisfaction or release of lien entered pursuant to this
section. After 3 months from the filing of any such lien which remains unpaid, the enforcement
board may authorize the local governing body attorney to foreclose on the lien or to sue to recover a
money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the
3 ORD. NO. 28-00
provisions of this part may be foreclosed on real property which is a homestead under s. 4, Art. X
the State Constitution. The money judgment provisions of this section shall not apply to real
property or personal property which is covered under s. 4(a), Art. X of the State Constitution.
Actions for money judgments under this Section may be pursued only on fines levied after October
1, .2000.
Section 4. That Chapter 37, "Delray Beach Code Enforcement", Section 37.46, "Notices", of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby enacted to read as
follows:
Section 37.46 NOTICES.
(A) All notices required by this part shall be provided to the alleged violator by:
(1) Certified mail, return receipt requested, provided if such notice is sent under
this paragraph to the owner of the property in question at the address listed in the tax collector's
office for tax notices, and at any other address provided to the local government by such owner and
is returned as unclaimed or refused, notice may be provided by posting as described below and by
first class mail directed to the addresses furnished to the local government with a properly executed
proof of mailing or affidavit confirming the first class mailing;
(2) Hand delivery by the sheriff or other law enforcement officer, code inspector,
or other person designated by the local governing body;
(3) Leaving the notice at the violator's usual place of residence with any person
residing therein who is above 15 years of age and informing such person of the contents of the
notice;
(4) In the case of commercial premises, leaving the notice with the manager or
other person in charge.
{B) In addition to providing notice as set forth in Subsection (A), at the option of the
code enforcement board, notice may also be served by publication or posting, as follows:
(1)(a) Such notice shall be published once during each week for 4 consecutive
weeks (four publications being sufficient) in a newspaper of general circulation in the county where
the code enforcement board is located. The newspaper shall meet such requirements as a prescribed
under Chapter 50, Florida Statutes for legal and official advertisements.
(b) Proof of publication shall be made as provided in Sections 50.041 and
50.051, Florida Statutes.
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(2)(a) In lieu of publication as described in paragraph (1), such notice may be
posted at least 10 days prior to the hearing, or prior to the expiration of any deadline contained ih
the notice, 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.
(b) Proof of posting shall be by affidavit of the person posting the notice, which
affidavit shall include a copy of the notice posted and the date and places of its posting.
(c) Evidence that an attempt has been made to hand deliver or mail notice as set
forth herein, together with proof of publication or posting as set forth herein shall be sufficient to
show that the notice requirements of this part have been met, without regard to whether or not the
alleged violator actually received such notice.
Section 5. 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 6.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith be and the same are
Section 7. That this ordinance shall become effective upon its passage on second and final~
reading.
~AND ADOPTED in regular session on second and final reading on this the 7 ,2000.
MAYOR
ATTEST:
City Clerk
First Reading /o//7/too
Second Reading
5 ORD. NO. 28-00
[lTV OF DELRI:IV BEI:I[H
CiTY ATTORNEY'S OFFICE
DELRAY BEACH
Ali. America City
1993
DATE:
TO:
October 11, 2000
FROM:
SUBJECT:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line (561) 243-7090
City Commission
David T. Harden, City Manager
Jay T. Jambeck, Assistant City Attorne~
Revisions to Chapter 37, Delray Beach~de
Enforcement
Attached are various ordinance changes to the above-referenced Chapter which
were brought about by changes made to Chapter 162, Florida Statutes this year. Most of
the changes are procedural in nature. Changes include:
· requiring a violator to provide notice to a potential purchaser of a property that
has pending code violations;
· revised notice requirements;
· providing the City the ability to bring an action for a money judgment to collect
on a code enforcement lien.
By copy of this memorandum to the City Manager, our office would request that
this item be placed on the agenda for the October 17, 2000 City Commission meeting for
a first reading. Please call if you have any questions.
Attachment
CC:
Lula Butler, Community Improvement Director
Richard Bauer, Code Enforcement Administrator