Ord No. 13-18 - -- 01��ANCE-NO: 13-1.8_... __._ � ._._
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 100,
"NUISANCES", AT TITLE 9.- "GENERAL REGULATIONS" BY
REPEALING SECTION 100.10 AND READOPTING IT WITH NEW
TITLE,`BOARDING CERTIFICATE;REQUIREMENTS",TO PROVIDE
FOR REGULATIONS REGARDING THE BOARDING AND SECURING
OF VACANT BUILDINGS, STRUCTURES, OR DWELLINGS IN THE
CITY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY `
CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE;AND FOR OTHER PURPOSES.
WHEREAS, buildings which remain vacant and unoccupied for any unreasonable period of time are a
serious hazard to public health,welfare, safety and quality of life;and,
WHEREAS, such buildings become an attractive nuisance or dangerous condition to children,become
a harborage for insects rodents,vermin or other pests,become an invitation to criminals as a temporary abode
and as a place to conduct illegal activity,and create a potential fire hazard;and,
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WHEREAS, the unkempt and unsecuredgrounds surrounding such buildings invite the dumping of
garbage and trash thereon and contribute to the growth of blight within the City necessitating additional
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government services and potentially decreasing property values; and,
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WHEREAS,the City Commission of the City of Delray Beach desires to prevent such interference with
the use and enjoyment of neighboring property;and,
WHEREAS, the City Commission of the City of Delray Beach desires to amend the current Nuisance
Section of the Code of Ordinance to require the boarding of vacant structures and buildings in order to protect
the health, safety and welfare of the citizens and prevent and abate such nuisance conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA,AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated into this Ordinance
as if fully restated herein.
Section 2. That Chapter 100,"Nuisances",at Title 9. "GENERAL REGULATIONS" be amended
by repealing Section 100.10. and readopting it with new title, `Boarding Certificates;Requirements", along with
new requirements concerning the boarding of any vacant and unoccupied building, structure or dwelling which
reads as follows:
_ Sec. 100.10
HST-()Pdr Tzr1�Y.
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All
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painted,igiatetialls
Sec. 100.10. BOARDING CERTIFICATE;REQUIREMENTS.
Responsibility for Property Maintenance. Every owner of a building or structure is required to
maintain such property in a manner so as not to violate the 12rovisions of this section,and such owner
remains liable for violations thereof regardless of any contract or agreement with any third party
rggarding such property.
Bj� Nuisance Declared. It is declared unlawfull and a public nuisance for an owner of a building or
structure to maintain such property or to permit such property to be maintained in such a manner
that any or more of the conditions described in the following subsections are found to exist:
Any vacant and unoccupied building, structure or dwelling of which doors, windows, or other
ol2enmgs are broken or missing so as to allow access to the interior, or if boarded to any extent,
the building, structure or dwelling is not secured in compliance with this section.
4Z Any vacant and unoccupied building, structure or dwelling of which doors, windows or other
ol2enmgs are secured by boarding, but for which there is not current and valid Certificate of
Boarding as required by this section.
Certificate Required for Boarding Building or Dwellings
All buildings, structures or dwellings which are boarded shall require a Certificate of Boarding to
be issued by the Cite. The fee for boarding certificates shall be set by resolution of the City
Commission.
jZ No person shall erect, �
install, lace, or maintain boards over the doors, windows, or other
openings of any building or structure or otherwise secure such openings by a means others than
the conventional method used in the original construction and design of the building or structure
without first ap l g for and,within 30 days of Q12lication,completing all of the steps necessary
for the issuance of a Certificate of Boarding, and thereafter having a valid and current Certificate
of Boarding issued by the Chief Building Official.
The Chief Building Official shall issue a Certificate of Boarding required by subsection ((-:)(1) of
this section upon the submission of a written application by the owner of the property or his
authorized representative or contractor; upon the payment of the required fee; and upon the
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coufii7naiion through inspection by the Cbef Building Official or designee-ghat the boarcg —
or other method of securing the building or structure has been done in compliance with this
section.
The Certificate of Boarding issued pursuant to this section shall authorize the boarding or other
securing of a building dwelling or structure for a period of no greater than six (6) months from
the date of the issuance. Renewal of the Certificate of Boarding may be granted, one time, after
the initial six-month period for an additional six (6) months ("renewal period"). A property
owner,his representative or contractor seeking renewal of the Certificate of Boarding must file a
written request with the Development Services Department for heating no later than ten (10)
business days ptior to the expiration of the original certificate.
A Certificate of Boarding may not be extended beyond the initial renewal period except upon
demonstration that good cause for the renewal exists. Good cause shall require a showing b. the
owner that the certificate renewal is made necessary by conditions or events beyond the owners
control such as inability to obtain financing for repair or rehabilitation inability to locate a
suitable buyer unanticipated delays in construction or rehabilitation or unanticipated damage to
the property In addition where appropriate,good cause shall also require a showing by the owner
that the owner has exercised reasonable and due diligence in attempting to complete the needed
correction, repair, or rehabilitation, or is attempting to sell the property If good cause exists to
renew the cettificatethe certificate may be renewed for a period of up to,but not more than, an
additional six (6) months for a maximum of eighteen (18) months, subject to all of the same
conditions i=osed on the original renewal certificate.
The issuance of a renewal of Certificate of Boarding shall be subject to all of the following
conditions:
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The boarding or other method of securing the building or structure has been done
in compliance with this subsection, as confirmed by a Code Enforcement officer
or building inspector after inspection of the building or structure.
b The owner bis authorized representative or contractor has submitted to the Chief
Building Official a detailed plan for correction,repair, or tehabilitation of violations
of state or local building and housing standards and for the securing of the doors
windows and other openings by the conventional method used in the original
construction and design of the building or structure or,alternatively,a detailed plan
for sale of the ptopetty to another person or entityprovision in the sale of
correction, repair, of rehabilitation.
The owner or his authorized representative or contractor has submitted to the
Chief Building OfficA prior to the hearing, a time line addressing the application
for all appropriate permits for such work and for completing such work prior to
the expiration of the renewal certificate or, alternatively, a time line for the sale of
the property.
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__-----_ --- --------- -- _. The renewal cerfilficate may be revoked if the owner fails to compiy wit$the t�lai
for such work or fails to adhere to the submitted time line. Written notice of the
City's revocation of the renewal certificate shall be provided to the owner.
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(5) Standards for Securing Building. The boarding of the doors,windows, or other openings of any
building dwelling or structure or any means of securing such openings, other than by the
conventional method used in the original construction and design of the building or structure,
must comply with the specifications as promulgated by the City, which will accompany
Certificate of Boarding when approved. Such specifications may be varied by the City for the
types of building construction or the general building classification e.g. historic structures.
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Violations;Enforcement. Violations of this section shall be enforced through the code enforcement
rocess.
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�E Penalty Penalties may be imposed pursuant to Sec. 37.36 as authorized by Chapter 162, F.S.
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F Exceptions A Certificate of Boarding shall not be required in the following circumstances:
Temporary em�r�ency situations including but not limited to damage caused by
vandalism fire theft, accident, or act of God. Any boarding or securing of openings
under a temporary emergency situation shall not exceed sixty (60) days.
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Weather and hurricane preparation when a hurricane or tropical storm watch or warning
1 has been issued by the National Weather Service.
43� Unoccupied residences secured with storm shutters.
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Properties deemed to be "unsafe structures" by the Chief Building Official or his
designee.
Properties which have a valid perinit for a building permit which requires the contractor
f or owner to secure the prop_ ftty.
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Properties which are in the process of securing a building_permit by way of submitting a
complete application.
Costs Incurred by City Assessment of Lien. All costs incurred by the City based upon actions taken
by the City to cure violations of this division shall be charged and billed to the person in violation of
this section as provided for in Section 37.36 of this Code and pursuant to Chapter 162,F.S.
Section 3. 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. Specific authority is hereby given to codify this Ordinance,
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Section 6-. This Ordinance-shall Become effective iiniuedla�ely upon Its passage on seconc�andna -
reading.
PASSED AND ADOPTED in regular session oy5 second 'final reading n this the � ' day of
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e
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ATTEST: Shell Pe ey �r 6- MAYOR
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katemi Johnson, City erk
First Reading � ,. .. '
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Second Reading "v"',
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p roved rm ande �ciency
su
Max Lo , ty . ttorney
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