59-85 ORDINANCE NO. 59-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 13, ~ HEALTH AND
SANITATION", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II,
"NUISANCES ON PROPERTY", SECTION 13-16, "DESIGNATION OF
ENFORCEMENT OFFICER; NOTICE OF VIOLATION RE(~UIRED;
CONTENT OF SUCH NOTICE", SUBSECTION (b)(2), TO PROVIDE
THAT OWNER(S) OF THE LAND SHALL HAVE TEN DAYS TO
REMOVE THE CONDITION CAUSING THE NUISANCE ON THE LAND;
AND BY AMENDING SECTION 13-17, "FORM OF NOTICE~, TO ALSO
PROVIDE THAT OWNER(S) OF THE LAND SHALL HAVE TEN DAYS
TO REMOVE THE CONDITION CAUSING THE NUISANCE ON THE
LAND; 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:
Section 1. That Section 13-16, "Designation of enforcement officer; notice of
violation required; content of such notice", Subsection (b)(2), of the Code of
Ordinances of the Cit.v of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
(2) The owner or owners of the land shall have f~rtee~--(-1-4-) ten (10) days
(forty-two (42) days in the case of violation of section 13-14 pertaining to
seawalls) from the date of the notice to remove the condition causing the
nuisance on the land.
Section 2. That Section 13-17, "Form of notice", of the Code of Ordinances
of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Sec. 13-17. Form of notice.
The notice required by section 13-16 above shall be in substantially the following
form:
NOTICE OF PUBLIC NUISANCE
Date
TO:
ADDRESS:
Our records indicate that you are the owner(s) of the following property in Delray
Beach, Florida:
(describe property)
You are hereby notified that the city manager or his designated representative of
the City of Delray Beach, Florida, has on the day of , 19 determined
that a nuisance exists on your property in ~--'~tion of section ~'the City of
Delray Beach Code of Ordinance. The nuisance is more particu'~ly described as
follow s:
(describe nuisance)
You, as the owner/owners of the above-described property have ~rteen-<½4) ten
(10) days from the date of this notice (forty-two (42) days in the case of a violation-~
s~on 13-14 pertaining to seawalls), to correct or to remove the condition causing the
nuisance from the property in order to comply with the above-referred to city
ordinance. If the conditions are not corrected or removed within this time, the City of
Delray Beach shall proceed to correct or remove the conditions at the expense of the
owner/owners of the property, which expense shall include the costs of inspection and
administration.
You also have the right, within seven (7) days from the date of this notice, to file
a written petition with the city manager or his representative for a hearing before a
three-person board composed of the city manager, the director of public works or city
engineer, and the director of parks and recreation, or their designees, which hearing
shall be held within ten (10) days of the date the petition is received by the city
manager.
The issues to be determined at said hearing are whether the conditions do in fact
exist and why the conditions should not be abated by the city at the expense of the
owner, and the time limits for such abatement. The source of the condition shall not
be a defense against the requirement that the condition shall be abated by the owner.
If after a hearing the board determines that the conditions which exist on the
property constitute a public nuisance, the owner or owners of the property shall have
an additional seven (7) days (thirty-five (35) days in the case of a violation of section
13-14 pertaining to seawalls) to correct or remove the conditions after which the city
shall have the right to have the conditions abated at the expense of the property
owner. If the owner has not requested a hearing 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 such 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 administration
costs, plus interest at the rate of eight per cent (8%), plus reasonable attorney's fees,
and other costs of collecting said sums, without further hearing by the board or city
council.
CITY OF DELRAY BEACH
By
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 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 25th day of June , 19 85.
ATTEST:
First Reading June 11, 1985
Second Reading June 25~ 1985
2 ORD. NO. 59-85