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53-97 ORDINANCE NO. 5 3- 9 7 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 135, "ABATEMENT OF NUISANCES"~ PROVIDING FOR THE PAYMENT OF REASONABLE COSTS ASSOCIATED WITH INVESTIGATIONS OF AND HEARINGS ON PUBLIC NUISANCES; PROVIDING FOR PAYMENT OF REASONABLE ATTORNEY FEES TO THE CITY ASSOCIATED WITH THE SUCCESSFUL PROSECUTION OF A CASE BEFORE THE NUISANCE ABATEMENT BOARD; PROVIDING FOR CONTINUING JURISDICTION FOR A PERIOD OF ONE YEAR OVER ANY PLACE OR PREMISE THAT HAS BEEN OR IS DECLARED TO BE A PUBLIC NUISANCE; PROVIDING FOR PENALTIES FOR PUBLIC NUISANCES, INCLUDING FINES NOT TO EXCEED $250.00 PER DAY; PROVIDING FOR PENALTIES INCLUDING FINES NOT TO EXCEED $500.00 PER DAY FOR RECURRING PUBLIC NUISANCES; PROVIDING FOR THE RECORDING OF ORDERS ON PUBLIC NUISANCES SO THAT NOTICE MUST BE GIVEN TO SUBSEQUENT PURCHASERS, SUCCESSORS IN INTEREST, OR ASSIGNS OF THE REAL PROPERTY THAT IS THE SUBJECT OF THE ORDER; PROVIDING THAT RECORDED ORDERS ON PUBLIC NUISANCES MAY BECOME LIENS AGAINST THE REAL PROPERTY THAT IS THE SUBJECT OF THE ORDER; PROVIDING FOR THE FORECLOSURE OF PROPERTY SUBJECT TO A LIEN AND THE RECOVERY OF ALL COSTS, INCLUDING REASONABLE ATTORNEY FEES ASSOCIATED WITH THE RECORDING OF ORDERS AND FORECLOSURES; PROVIDING THAT NO LIEN CREATED PURSUANT TO THE PROVISIONS OF THIS ORDINANCE MAY BE FORECLOSED ON REAL PROPERTY WHICH IS A HOMESTEAD UNDER SECTION 4, ARTICLE X OF THE FLORIDA STATE CONSTITUTION; PROVIDING THAT THE TOTAL FINES IMPOSED PURSUANT TO THE AUTHORITY OF THIS ORDINANCE SHALL NOT EXCEED $5,000.00; PROVIDING THAT NOTHING CONTAINED WITHIN THIS ORDINANCE PROHIBITS THE CITY OF DELRAY BEACH FROM PROCEEDING AGAINST A PUBLIC NUISANCE BY ANY OTHER MEANS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted Section 893.138, Fla. Stat. to allow a local government to establish a nuisance abatement board to address the issues of prostitution and the sale of controlled substances on properly within the local government's jurisdiction; and WHEREAS, the Delray Beach City Commission adopted Chapter 135 "Abatement of Nuisances" on January 12, 1997, which incorporated the provisions of Section 893.138 Fla. Stat. to provide for the establishment of a nuisance abatement board. WHEREAS, the Delray Beach City Commission recognizes the significant efforts of the citizens of Delray Beach and the Delray Beach Police Department in working together to control prostitution; the sale of controlled substances, and criminal street gang activity; and WHEREAS, the State of Florida enacted amendments to Section 893.138, Fla. Stat. to grant to local nuisance abatement boards additional powers of enforcement. WHEREAS, the Delray Beach City Commission finds that in order to further protect its citizens' health, safety and welfare, the Nuisance Abatement Board must be empowered with the full range of authority granted to it under Section 893.138, Fla. Stat.. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Title 13, "General Offenses", Chapter 135, "Abatement of Nuisances", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 135.40 CONDUCT OF HEARINGS. (H) A certified copy of a Nuisance Abatement Board order may be recorded in the public records of the County and shall constitute notice to any subsequent purchasers, successors in interest or assigns if the violation concerns real property and the finding therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest or assigns. If an order is recorded in the public records of Palm Beach County pursuant to this subsection and the order is complied with by the date specified in the order, the Nuisance Abatement Board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing before the Nuisance Abatement Board is not required to issue a Board order acknowledging compliance. (I) If the City prevails in prosecuting a case before the Nuisance Abatement Board, it shall be entitled to recover all costs incurred in investigating and prosecuting the case before the board. Section 135.70 FINES FOR NONCOMPLIANCE WITH ORDERS. (A) The Nuisance Abatement Board, upon notification by the City that an order of the 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 Nuisance Abatement Board for compliance or in the case of a repeat violation, for each date a repeat violation 2 ORD. NO. 53-97 continues beginning with the date the repeat violation is found to have occurred by the City. A fine imposed pursuant to this section shall not exceed $250.00 per day for the violation and shall not exceed $500.00 per day for a repeat violation. The total fines imposed pursuant to this section shall not exceed $5~000.00. (B) 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 violation exists. A lien arising from a fine imposed pursuant to this section runs in favor of the City and the City may execute a satisfaction or release of lien entered pursuant to this section. The City shall be entitled to collect all costs incurred in the recording of and filing of a satisfaction of a valid lien. Upon petition to the circuit court such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including lew against the personal property~ but shall not be deemed to be a court judgment expect for enforcement purposes. (C) After three months from the filing of any lien which remains unpaid~ the Nuisance Abatement Board may authorize the City Attorney to foreclose upon the lien. No lien created pursuant to the provisions of this chapter may be foreclosed on real property which is a "homestead" under Article X, Section 4 of the State Constitution. Section 135.80 DURATION OF LIEN. No lien provided by this chapter or under the authority of F.S. Sections 162.01 et seq.~ shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded~ unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien~ the prevailing party is entitled to recover all costs~ including reasonable attorney's fees~ that it incurs in foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice~ unless a notice of lis pendens is recorded. Section 135.90 SUPPLEMENTAL PUBLIC NUISANCE. (A) The provisions of this section are additional and supplemental means of enforcing the City's ordinances and may be used for the enforcement of any noncriminal ordinances~ or for the enforcement of all noncriminal ordinances. Nothing contained in this section shall prohibit the City from enforcing its codes or ordinances by any other means. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 3 ORD. NO. 53-97 Section 4. That this ordinance shall become effective ten (10) days from its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 6th day of January ., 199~,. ATTEST: City Clerk "' .... ~' - - ! First Reading December 2, 1997 Second Reading January 6, 1998 nuisance.doc:docs 'ordinanc rex'. 11:18'97 4 ORD. NO. 53-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM #/O~- REGULAR MEETING OF JANUARY 6, 1998 ORDINANCE NO. 53-97 (AMENDMENTS TO NUISANCE ABATEMENT ORD I NANCE ) DATE: JANUARY 2, 1998 This is second reading and a public hearing for Ordinance No. 53-97 which amends Chapter 135, "Abatement of Nuisances", of the City Code. In sum, the ordinance will empower the Nuisance Abatement Board with the full powers authorized by state law, as follows: (1) Orders of the Board may be recorded in the public records of Palm Beach County and will constitute notice to subsequent purchasers and successors of liens or other encumbrances on the chain of title. (2) Costs of prosecution may be assessed against an owner if the City prevails in a prosecution before the Board. (3) Fines may be assessed by the Board for failure to comply with a Board order. Up to $250.00 per day may be set for first time violations. $500.00 per day may be set for repeat violations. Fines may not exceed a total of $5,000.00. (4) Orders imposing fines may be recorded in the public records and shall constitute a lien which shall run in favor of the City. After three months, the Board may authorize the City Attorney to initiate foreclosure proceedings upon the lien. Such liens may not be foreclosed against "homestead" property. Liens under this ordinance shall continue in force for twenty (20) years from the date of recording. (5) Pursuant to state law, the City will be allowed to use all means available to enforce its ordinances (citations for code violations, civil forfeiture, condemnation proceedings, etc.). At first reading on December 2, 1997, the Commission passed the ordinance by a vote of 4 to 1, with Mr. Randolph dissenting. Recommend approval of Ordinance No. 53-97 on second and final reading. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~1 SUBJECT: AGENDA ITEM #/~- REGULAR MEETING OF DECEMBER 2, 1997 ORDINANCE NO. 53-97 (AMENDMENTS TO NUISANCE ABATEMENT ORDINANCE) DATE: NOVEMBER 26, 1997 This is first reading for Ordinance No. 53-97 which amends Chapter 135, "Abatement of Nuisances", of the City Code. In sum, the ordinance will empower the Nuisance Abatement Board with the full powers authorized by state law, as follows: 1 Orders of the Board may be recorded in the public records of Palm Beach County and will constitute notice to subsequent purchasers and successors of liens or other encumbrances on the chain of title. 2 Costs of prosecution may be assessed against an owner if the City prevails in a prosecution before the Board. 3 Fines may be assessed by the Board for failure to comply with a Board order. Up to $250.00 per day may be set for first time violations. $500.00 per day may be set for repeat violations. Fines may not exceed a total of $5,000.00. 4 Orders imposing fines may be recorded in the public records and shall constitute a lien which shall run in favor of the City. After three months, the Board may authorize the City Attorney to initiate foreclosure proceedings upon the lien. Such liens may not be foreclosed against "homestead" property. Liens under this ordinance shall continue in force for twenty (20) years from the date of recording. 5 Pursuant to state law, the City will be allowed to use all means available to enforce its ordinances (citations for code violations, civil forfeiture, condemnation proceedings, etc.). Recommend approval of Ordinance No. 53-97 on first reading. If passed, a public hearing will be scheduled for January 6, 1998. ref: agmemol2 l~I ~,~ ~ Boca Raton News, Tuesclay December 23, 1997 ~1~ ESTABLISH SPECIFIC REQUIRE* MENTS FOR SELF-SERVICE STOR- AGE FACIUTIES~ AMENDING SUB- ~ S~CTION 4.4.~ (DJ, ~ONDITIONAL ~ ~ ~Y ~ ~ ~ ~ES A~D ITRUCTURES AL- ~~ J~E~, ~Y ADDING SE~ - $ER. ~ VICE STOOGE FACILITIES ~ A A ~BLIC fl~RING ~11 M ~ m JC~TIONAL USE WITHIN THE ~Y, ~ ~ 1~ ~T I~RCIAL ZONE DISTRICT; ~ ~ (~ ~ ~ ~i~t~ ~ ~ ~NDING SUBSECTION ~ ~ ~ ~ ~ ~y ~ ~ * ~DITIONAL USES ~ND STRUC. : m~J, ~ ~ Ci~ ~ ~TUR~S ALLOWEd, BY ADDING ~, ~ NW. ~ A~. ~ ~ SELF.SERVICE ~ORAGE FACILI- ~ ~, F~, ~ ~ tJ~ ~ t TIES ~ A CONDITIONAL USE C~ ~m~ ~11 ~ ~ t WITHIN THE LIGHT INDUSTRIAL ~, TM ~ wd~ My : Z~E DISTRICT: PROVIDING k ~ M ~ ~ M ~ C~ ~ GENERAL RE~ALER C~USE, A ~ ~ C~ ~ll, ~ N.W. Ig A~ ~VING C~USE, AND AN EFFEC- I ~r ~ ~ ~ ~ ~ ~ ~ Ag ORDINANCE ~ THE CI~ C~ ~i~e. MISSION OF THE CITY OF DELRAY , BEACH, FLORI~ ~ENDING ~~ ~CHA~ER ~, ~A~T~ENT OF ~NUI~NCE~: PROVIDING FOR THE ~ ~DINANCE ~ THE CITY C~ PAYMENT OF REA~NABLE COSTS MINION OF THE CITY OF DELRAY ~ A~IATED WITH INVESTIGA. ~CN, FL~I~ ~ENDING AP. ~TI~S OF AND HEARINGS ON PUB- ~NDIX "A*, ~FINITI~, ~ L C NUISANCES PROVfD NG FOR THE ~ND ~VELOPMENT REG~ PAYMENT ~ R~ABLE AT- ~TI~S ~ THE CI~ ~ DEL~Y TORNEY F~S TO THE CITY B~CH. BY ESTABLISHING A DEFI- CIATED WITH THE SUCCESSFUL NITION FOR 'SELF-SERVICE ~TOR. PROSECUTION OF & ~E BEFORE AGE FACILITy'; ~ENDING SEC. THE NUI~NCE ABATEMENT TI~ 4~, ~PECIAL REQUIRE- ~ARD; PROVIDING FOR C~- ~NTS FOR SPECIFIC USED, TO TINUING JURISDICTION FOR A RIOD OF ONE YEAR OVER ANY P~CE OR PREMISES T~AT BEE~ OR IS DEC.RED TO BE ~LIC NUI~NCE; PROVIDING FOR PENALTIES FOR PUBUC NUI. ~NCES, INCLUDING FINES ~T TO EXCEED ~.~ PER DAY; PR~ VIDING F~ P~N&~T~ES INCLU~ lNG FINES NOT TO EXCEED ~.~ PER DAY FOR RECURRING PU~ LIC NUISANCES; PROVIDING FOR THE RECORDING ~ ORDER~ PUBLIC NUI~NCES ~ THAT N~ TICE MUST BE GIVEN TO SUBSE- ~ENT PURCHASERS, SUCCED ~RS IN INTEREST, OR ~SIGNS ~ THE REAL PROPERTY THAT IS THE SUBJECT OF THE ORDER; PROViDiNG THAT RECORDED OR- DERS ON PUBLIC NUISANCES ~Y 8EC~E LIENS AGAINST THE REAL PROPERTY THAT IS THE SUBJECT OF THE ORDER, PROVI~ lNG ~R THE F~EC~OSURE OF PROPERTY SUBJECT TO A LIEN AND THE RECOVERY OF ALL COSTS, INCLUDING RE~NABLE A~NEY FEES ~IATED WITH THE RECORDING ~ OR- .RS AND FORECLOSURES; PRO VIDING THAT NO LIEN CREATED ~RSUANT TO THE ~ THIS ~DINXNCE ~Y BE FORECLOSED ~ R~L PROPER- ~R SECTION 4, ARTICLE X, OF THE FLORIDA STATE CONSTiT~ TIO~; PROV~DING THAT THE TG TAL FINES IM~SED PURSUANT TO THE AUTHORITY OF THIS NAgCE SHALL NOT EXCEED ~.~; PROVIDING THAT lNG CONTAINED WITHIN THIS OR- dNANCE PR~IBITS THE CITY OF ~LRAY BEACH FR~ PR~EE~ ~NCE ~Y ANY OTHER MEANS; PROVIDING A ~VINO C~USE, A GENERAL REP~LER C~USE, AND AN EFFECTIVE DATE. ~ ~ ~ ~ ~is ~i~, ~. ~ M F.S. ~,0~. Cl~ ~ DELRAY ~EACH C~ C~ j~:~,~ ~R~ CITY OF I:IELRItV BELCH CITY ATTORHEY'$ OFFICE TELEPHONE 407/243-7823 ° FACSIMILE 407/243-7816 DEIRAY BEACH POLICE LEGAL ADVISOR Ali. America City '~'!'O: David Harden, City Manager 1993 FROM: Eric D. Hightower, Police Legal Advisor DATE: November 24, 1997 SUBJECT: Nuisance Abatement Ordinance (Amendments) Attached for your review and insertion on the Regular Agenda are two copies of the above-referenced item. In sum, the ordinance will empower the Nuisance Abatement Board with the full powers authorized by state law. Those powers are as follows: 1. Orders of the Board may be recorded with the County Clerk's Office and will constitute notice to subsequent purchasers and successors of liens or other encumbrances on the chain of title. 2. Costs of prosecution may be assessed against an owner if the City prevails in a prosecution before the Board 3. Fines may be assessed by the Board for failure to comply with a Board order. Up to $250.00 a day may be set for first time violations. $500.00 a day may be set for repeat violations. Fines may not exceed a total of $5000.00. 4. Orders imposing fines may be recorded in the public records and shall constitute a lien which shall run in favor of the City. After three months, the Board may authorize the City Attorney to initiate foreclosure proceedings upon the lien. Such liens may not be foreclosed against "homestead" property. Liens under this ordinance shall continue in force for 20 years from the date of recording. Printed on Recycled Paper Subject: Nuisance Abatement Ordinance (Amendment) November 24, 1997 Page :2 5. Pursuant to state law, the City will be allowed to use all means available to enforce its ordinances (citations for code violations, civil forfeiture, condemnation proceedings, etc.). Feel free to contact me if I can be of further assistance in this matter. EDH:lbg ~, c: Susan Ruby, City Attorney Allison MacGregor Harry, City Clerk Richard ©verman, Chief Hardenlg.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 135, "ABATEMENT OF NUISANCES"; PROVIDING FOR THE PAYMENT OF REASONABLE COSTS ASSOCIATED WITH INVESTIGATIONS OF AND HEARINGS ON PUBLIC NUISANCES; PROVIDING FOR PAYMENT OF REASONABLE ATTORNEY FEES TO THE CITY ASSOCIATED WITH THE SUCCESSFUL PROSECUTION OF A CASE BEFORE THE NUISANCE ABATEMENT BOARD; PROVIDING FOR CONTINUING JURISDICTION FOR A PERIOD OF ONE YEAR OVER ANY PLACE OR PREMISE THAT HAS BEEN OR IS DECLARED TO BE A PUBLIC NUISANCE; PROVIDING FOR PENALTIES FOR PUBLIC NUISANCES, INCLUDING FINES NOT TO EXCEED $250.00 PER DAY; PROVIDING FOR PENALTIES INCLUDING FINES NOT TO EXCEED $500.00 PER DAY FOR RECURRING PUBLIC NUISANCES; PROVIDING FOR THE RECORDING OF ORDERS ON PUBLIC NUISANCES SO THAT NOTICE MUST BE GIVEN TO SUBSEQUENT PURCHASERS, SUCCESSORS IN INTEREST, OR ASSIGNS OF THE REAL PROPERTY THAT IS THE SUBJECT OF THE ORDER; PROVIDING THAT RECORDED ORDERS ON PUBLIC NUISANCES MAY BECOME LIENS AGAINST THE REAL PROPERTY THAT IS THE SUBJECT OF THE ORDER; PROVIDING FOR THE FORECLOSURE OF PROPERTY SUBJECT TO A LIEN AND THE RECOVERY OF ALL COSTS, INCLUDING REASONABLE ATTORNEY FEES ASSOCIATED WITH THE RECORDING OF ORDERS AND FORECLOSURES; PROVIDING THAT NO LIEN CREATED PURSUANT TO THE PROVISIONS OF THIS ORDINANCE MAY BE FORECLOSED ON REAL PROPERTY WHICH IS A HOMESTEAD UNDER SECTION 4, ARTICLE X OF THE FLORIDA STATE CONSTITUTION; PROVDING THAT THE TOTAL FINES IMPOSED PURSUANT TO THE AUTHORITY OF THIS ORDINANCE SHALL NOT EXCEED $5,000.00; PROVIDING THAT NOTHING CONTAINED WITHIN THIS ORDINANCE PROHIBITS THE CITY OF DELRAY BEACH FROM PROCEEDING AGAINST A PUBLIC NUISANCE BY ANY OTHER MEANS; PROVIDING A SAV1NGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted Section 893.138, Fla. Stat. to allow a local government to establish a nuisance abatement board to address the issues of prostitution and the sale of controlled substances on properly within the local government's jurisdiction; and WHEREAS, the Delray Beach City Commission adopted Chapter 135 "Abatement of Nuisances" on January 12, 1997, which incorporated the provisions of Section 893.138 Fla. Stat. to provide for the establishment of a nuisance abatement board. WHEREAS, the Delray Beach City Commission recognizes the significant efforts of the citizens of Delray Beach and the Delray Beach Police Department in working together to control prostitution; the sale of controlled substances, and criminal street gang activity; and WHEREAS, the State of Florida enacted amendments to Section 893.138, Fla. Stat. to grant to local nuisance abatement boards additional powers of enforcement. WHEREAS, the Delray Beach City Commission finds that in order to further protect its citizens' health, safety and welfare, the Nuisance Abatement Board must be empowered with the full range of authority granted to it under Section 893.138, Fla. Stat.. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Title 13, "General Offenses", Chapter 135, "Abatement of Nuisances", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 135.40 CONDUCT OF HEARINGS. (H) A certified copy of a Nuisance Abatement Board order may be recorded in the public records of the County and shall constitute notice to any subsequent purchasers~ successors in interest or assigns if the violation concerns real property and the finding therein shall be binding upon the violator and~ if the violation concerns real property~ any subsequent purchasers~ successors in interest or assigns. If an order is recorded in the public records of Palm Beach County pursuant to this subsection and the order is complied with by the date specified in the order~ the Nuisance Abatement Board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing before the Nuisance Abatement Board is not required to issue a Board order acknowledging compliance. (I) If the City prevails in prosecuting a case before the Nuisance Abatement Board~ it shall be entitled to recover all costs incurred in investigating and prosecuting the case before the board. Section 135.70 FINES FOR NONCOMPLIANCE WITH ORDERS. (A) The Nuisance Abatement Board~ upon notification by the City that an order of the 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 Nuisance Abatement Board for compliance or in the case of a repeat violation~ for each date a repeat violation 2 ORD. NO. continues beginning with the date the repeat violation is found to have occurred by the City. A fine imposed pursuant to this section shall not exceed $250.00 per day for the violation and shall not exceed $500.00 per day for a repeat violation. The total fines imposed pursuant to this section shall not exceed $5,000.00. (B) 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 violation exists. A lien arising from a fine imposed pursuant to this section runs in favor of the City and the City may execute a satisfaction or release of lien entered pursuant to this section. The City shall be entitled to collect all costs incurred in the recording of and filing of a satisfaction of a valid lien. Upon petition to the circuit court, such order 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 to be a court judgment expect for enforcement purposes. (C) After three months from the filing of any lien which remains unpaid, the Nuisance Abatement Board may authorize the City Attorney to foreclose upon the lien. No lien created pursuant to the provisions of this chapter may be foreclosed on real property which is a "homestead" under Article X, Section 4 of the State Constitution. Section 135.80 DURATION OF LIEN. No lien provided by this chapter or under the authority of F.S. Sections 162.01 et seq., shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including reasonable attorney's fees, that it incurs in foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. Section 135.90 SUPPLEMENTAL PUBLIC NUISANCE. (A) The provisions of this section are additional and supplemental means of enforcing the City's ordinances and may be used for the enforcement of any noncriminal ordinances, or for the enforcement of all noncriminal ordinances. Nothing contained in this section shall prohibit the City from enforcing its codes or ordinances by any other means. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 3 ORD. NO. Section 4. That this ordinance shall become effective ten (10) days from its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of _, 1997. MAYOR ATTEST: City Clerk First Reading Second Reading nuisance.doc/docs/ordinanc rev. 11/18/97 4 ORD. NO.