Ord 34-06
ORDINANCE NO. 34-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING SECTION 37.45,
"SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", OF
THE CODE OF ORDINANCES BY REPEALING IT IN ITS
ENTIRETY AND ENACTING A NEW SECTION 37.45,
"SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES";
PROVIDING FOR A HEARING OFFICER TO HEAR CIVIL
VIOLATION APPEALS; PROVIDING FOR PENALTIES,
IMPOSITION, AND COLLECTION OF LIENS; PROVIDING FOR
CIVIL OFFENSES; PROVIDING FOR PAYMENT FOR SERVICES
AND QUALIFICATIONS OF HEARING OFFICERS; PROVIDING
FOR THE ESTABLISHMENT OF CIVIL VIOLATION
PROCEDURES; PROVIDING FOR THE ESTABLISHMENT OF
CIVIL PENALTIES FOR VIOLATIONS; PROVIDING FOR
IMPOSITION AND COLLECTION OF CIVIL PENALTIES;
PROVIDING FOR APPEALS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE.
WHEREAS, Section 37.45 of the Code of Ordinances of the City of Delray Beach, Florida, was
established to provide for procedures for supplemental code enforcement procedures; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to expand these
procedures and to establish additional code enforcement procedures.
NOW, THEREFORE, be it ordained by the City Commission of the City of Delray Beach, Florida,
as follows:
Section 1. That Section 37.45 of the Code of Ordinances of the City of Delray Beach, Florida, be
repealed in its entirety.
Section 2. That Section 37.45 of the Code of Ordinances of the City of Delray Beach, Florida is
hereby enacted to read as follows:
fA) Intent.
(1) It is the intent of the City Commission to promote. protect and improve the health.
safety. and welfare of the citizens of Delray Beach. Florida. and to provide an equitable.
expeditious, effective and inexpensive method of enforcing codes and ordinances of the City.
(
(B) Definitions.
(1) For the purposes of this chapter of the Code of Ordinances. the following terms.
phrases. words. and their derivations shall have the meaning as defined.
(a) "Citation" or "Civil Violation Notice" shall mean a notice of violation with a
civil penalty and fine. as provided for in the Code.
(b) "Code" means collectively the City of Delray Beach Code of Ordinances. as
may be amended from time to time. any applicable sections of the Minimum Housing Code.
SBCCI. as may be amended from time to time. or the avplicable Florida Building Code. as may be
amended from time to time.
(c) "Code Enforcement Officer" means any authorized agent or employee of the
City whose duty it is to assure compliance with the Code.
(d) "Hearing Officer" is an individual. avpointed pursuant to the Code of
Ordinances. who is authorized to conduct hearings on appeals of civil violation notices. A hearing
officer enters findings of fact. conclusions of law. and may adiust fines imposed pursuant to civil
violation notices depending on evidence and testimony entered at the hearing.
(e) "Notice" shall be provided to alleged violator(s) or property owner(s) by
certified mail. return receipt requested. by hand-delivery or posting. or as provided in this
ordinance and Chapter 162 of the Florida Statutes.
(f) "Law Enforcement Officer" means any authorized agent or employee of the
City's Police Department.
(C) Civil OffenseslPenalties: Intent and Purpose.
The violation of any provision of any of the ordinances of the City of Delray Beach or the
applicable Minimum Housing or Florida Building Code, shall constitute a civil offense punishable
by civil penalty as provided herein. The civil citation process is intended to supplement the code
Enforcement Board process and other enforcement processes by providing an additional
enforcement process that will expedite the correction of certain tyPes of code violations. These
tyPes of violations include but are not limited to: itinerant types of sign violations which may be
quickly rectified (banners. balloons, sidewalk. snipe signs). unlicensed contractors. contractor
licensing requirements. overflowing dumpsters. trash piles. hatracking of trees. failure to secure
iob sites during hurricane warnings. and operating vendor type businesses without license.
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(0) Qualifications. Appointment and Removal. Compensation of Rearin!! Officers.
(1) For the purpose of this article. appointments of Hearing Officers shall be made by
the City Commission.
(2)
Florida.
Hearing Officers shall be lawyers in good standing. licensed to practice law in
(3) Appointments shall be made for a term of one year. Hearing Officers may be
reappointed or removed at the discretion of the City Commission.
(4) Hearing Officers shall be compensated at a rate to be determined by the City
Commission.
(5) If a Hearing Officer is removed from a case. the case may be assigned to another
Hearing Officer.
(E) Powers of Rearm!! Officer.
Under this article. Hearing Officers shall have the power to:
(1) Apply the rules for the conduct of quasi-iudicial hearings adopted by the City
Commission.
(2) Subpoena violators and witnesses for hearings. Subpoenas shall be served by the
Police Department or by the city staff. or as provided by ordinance.
(3) Subpoena evidence.
(4) Take testimony under oath.
(5) Assess and order the payment of fines as provided according to ordinance and
statute.
(6) Enter findings of fact. conclusions oflaw, and issue orders having the force oflaw
to command whatever steps are necessary to bring a violation into compliance.
(F) Attornev to Serve as Counsel.
The City Attorney (or his/her designee) shall provide legal advice to City Staff. if
requested.
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(
(G) Authority to Initiate Enforcement Proceedines.
Enforcement proceedings shall be initiated as a result of an observed violation by a
code/law enforcement officer. Hearing Officers shall not have authority to initiate such
enforcement procedures.
ill) Enforcement Procedures: Contents and Services of Notices/Civil Violations.
(1) A code/law enforcement officer who finds a violation of the code shall issue a
notice stating that the violator has committed a violation of the code and shall specify a reasonable
time period within which the violator must correct the violation. This determination shall be based
on consideration of fairness. practicality. ease of correction. ability to correct. severity of violation.
or nature. extent. and probability of danger or damage to the public. degree of nuisance to
neighbors and neighborhood. and other relevant factors relating to the reasonableness of the time
period prescribed.
(2) A code!1aw enforcement officer is authorized to issue a citation to a verson when.
based upon his/her personal investigation. the inspector has reasonable cause to believe that the
person has committed a civil infraction in violation of a duly enacted section of the City's Code of
Ordinances. the Minimum Housing Code. and the applicable Florida Building Code. as may be
amended from time to time.
(3) If. upon his/her personal investigation. a code/law enforcement officer finds that the
person has not corrected the violation within the time period, a code/law enforcement officer shall
issue a citation to the person or legal entity who has committed the violation. A code/law
enforcement officer does not have to provide the violator with a reasonable time period to correct
the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is
found or if the code compliance officer has reason to believe that the violation presents a serious
threat to the vublic health. safety, or welfare, or if the violation is irreparable or irreversible.
Unlicensed contractors. working under a stop work order. performing work without permits. tree
abuse, illegal dumping. failure to secure a iob site during a hurricane warning. and similar
situations do not require prior notice and may result in an immediate citation.
(4) A citation issued by a code/law enforcement officer shall be in a form prescribed by
the City and shall contain:
a. The date and time of issuance.
b. The name and address of the person or entity to whom the citation is
issued.
c. The date and time the civil infraction was committed.
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d. The facts constituting reasonable cause.
e. The number or section of the code violated.
f. The name of the code/law enforcement officer.
g. The procedure for the person or entity to follow in order to pay the civil
penalty or to contest the citation.
h. The applicable civil penalty if the person or entity elects to contest the
citation and that the violator may be liable for costs associated with
conducting the administrative hearing.
1. The applicable civil penalty if the person or entity elects not to contest the
citation.
1. A conspicuous statement that if the person or entity fails to pay the civil
penalty within the time allowed. or fails to file an appeal to contest the
violation within 14 days of service of the notice. he/she shall be deemed to
have waived their right to contest the citation and that. in such case. a
finding may be rendered against the person for an amount up to the
maximum civil penalty.
(5) After issuing a citation. the code/law enforcement officer shall deposit the original
with the clerk of the code enforcement division.
(6) Any person who willfully refuses to sign and accept a citation issued by a codellaw
enforcement officer shall be guilty of a misdemeanor of the second degree punishable as provided
in Section 775.082. Florida Statutes. as amended. or Section 775.083, Florida Statutes. as
amended.
(7) All notices required by the code shall be provided to the alleged violator by certified
mail. return receipt requested; overnight courier; by hand delivery by a law enforcement officer of
the City. code enforcement officer. or other person designated by the City; or by leaving the notice
at the violator's usual place of residence with someone residing at the residence above 15 years of
age and informing such person of the contents of the notice; and may include posting at site of
violation.
(8) Such notice may be posted for at least 10 days in at least two locations, one of
which shall be the property upon which the violation is alleged to exist and the other which shall
be, in the case of municipalities. at the primary municipal government office. Proof of posting
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shall be by affidavit of the person posting the notice. which affidavit shall include a coPY of the
notice posted and the date and place of its posting. Notice by posting may run concurrently with.
or may follow. an attempt or attempts to provide notice by hand delivery or by mail as required
under subsection (7).
(9) Evidence that an attempt has been made to hand deliver or mail notice as provided
in subsection (7), together with proof of posting as provided in subsection (8), shall be sufficient to
show that the notice requirements of the code have been satisfied, without regard to whether or not
the alleged violator actually received such notice.
(I) Civil Penalties: Appeals: Failure to Pay/Correct.
(1) Civil penalties assessed pursuant to this Article are due and payable to the City on
or before the last day of the period allowed for the filing of an administrative hearing before a
hearing officer or in any event no later than 14 days after the issuance of the notice. or if proper
appeal is made. when the appeal has been finally decided if in a manner adverse to the cited
violator.
(2) A violator who has been served with a civil infraction notice shall elect either to:
a. Pay the civil penalty in the manner indicated on the infraction notice. and
correct the violation within the time specified on the notice: or
b. Request an administrative hearing before a hearing officer to appeal the
determination of the code enforcement officer. which resulted in the
issuance of the civil infraction notice.
(3) An appeal for administrative hearing shall be accomplished by filing a request in
writing to set the hearing for review and mailed to the code enforcement clerk or his/her designee
or to the address indicated on the notice. with a postmark indicating that it was marked not later
than 14 days after the service of the citation notice.
(4) If the named violator. after notice. fails to pay the civil penalty and correct the
violation (within the time specified), or to timely request an administrative hearing before a
hearing officer, such failure shall constitute a waiver of the violator's right to an administrative
hearing before a hearing officer. A waiver of the right to an administrative hearing shall be treated
as an admission of the violation and penalties may be assessed accordingly. The civil penalty shall
be an accruing fine amount which will be assessed daily for continuing violations which have not
been corrected.
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(J) Scheduline and Conduct of Appeal Hearine.
(1) Upon receipt of a named violator's timely request for an administrative hearing. the
code/law enforcement officer or his/her designee shall set the matter down for hearing on the next
available regularly scheduled hearing date or as soon thereafter as possible.
(2) City staff shall send a notice of hearing by certified and regular mail to the violator
at the last known address or the address contained on the appeal. The notice of hearing shall
include the place. date and time ofthe hearing. as well as a COpy of the civil violation notice.
(3) An informational statement shall include:
a. Right of violator to be represented by an attorney.
b. Right of violator to present witnesses and evidence.
c. Notice that failure of violator to attend hearing may result in civil penalty
being assessed in absence of the violator.
d. Notice that requests for continuances will not be considered if not received
in writing by the code compliance officer at least five calendar days prior to
the date set for hearing.
e. Right to have a court reporter present at the violator's own expense.
(4) The Hearing Officer shall conduct hearings on a regularly scheduled monthly basis.
depending on the number of appeals. or more frequently upon request of the City Manager or
his/her designee. No hearing shall be set sooner than twenty (20) days from the date of service of
the notice of infraction.
(5) A hearing date shall not be considered postponed or continued unless a request for
continuance. showing good cause for such continuance. is received in writing by the hearing
officer at least five (5) calendar days prior to the date set for the hearing. A decision shall be made
at least two (2) working days before the meeting.
(6) All hearings of the Hearing Officer shall be open to the public. All testimony shall
be under oath. Assuming proper notice, a hearing may proceed in the absence of the named
violator.
(7) The proceedings at the hearing shall be recorded electronically or by a court
stenographer and may be transcribed at the expense of the party requesting the transcript.
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(8) The Code Enforcement Clerk shall vrovide clerical services as may be reasonably
required by each Hearing Officer for the proper performance of their duties.
(9) Each case before a Hearing Officer shall be presented by the City staff.
(10) The hearing need not be conducted in accordance with the formal rules relating to
evidence and witnesses. but fundamental due process shall be observed and shall govern the
proceedings. Any relevant evidence shall be admitted if the Hearing Officer finds it competent
and reliable. regardless of the existence of any common law or statutory rule to the contrary.
Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct
evidence. but such hearsay evidence shall not in and of itself be considered sufficient to support a
finding or decision unless the evidence would be admissible over obiections in a civil action.
(11) Each party shall have the right to call and examine witnesses. to introduce exhibits.
to cross-examine opposing witnesses on any matter relevant to the issues even though that matter
was not covered in the direct examination. to impeach any witness regardless of which party first
called that witness to testify. and to offer rebuttal of the evidence.
(12) The Hearing Officer shall make findings of fact and conclusions oflaw based on the
evidence of record. In order to make a finding upholding the code enforcement officer's decision.
the Hearing Officer must find that the preponderance of the evidence indicates that the named
violator was responsible for the violation of the relevant section of the Code. The initial burden of
proof shall be with the City to show by the greater weight of evidence that a code violation exists
and that the alleged violator committed. or was responsible for maintaining or permitting the
violation to continue. Once this burden has been met. it shall be the responsibility of the violator
to rebut the evidence submitted by the City.
(13) The time for correction given by the code/law enforcement officer to the named
violator and contained in the notice of violation is rebuttably presumed to have been a reasonable
time for correction. Upon presentation of relevant evidence by the named violator that the time for
correction was not reasonable. however. the Hearing Officer may make a predetermination as to
the time period being insufficient. If the Hearing Officer determines that the time given for
correction was insufficient. the penalty for a continuing violation shall be calculated from the date
determined by the Hearing Officer to be reasonable time for correction.
(14) If the named violator is found guilty of the violation. he/she may be held liable for
the reasonable cost of the administrative hearing. at the discretion of the Hearing Officer.
(15) After all evidence has been submitted and all testimony heard. the Hearing Officer
shall issue findings of fact and conclusions of law orally. at the hearing. which shall then be
incorporated in a written order affording the proper relief consistent with the powers granted in this
chapter. Such order may command a violator to take whatever steps are necessary to bring a
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violation into compliance by the date announced at the meeting and subsequently placed in the
order. The order shall be announced orally at the meeting and within five (5) working days
subsequent to the hearing shall be reduced to writing and mailed to the violator.
(16) The order of the Hearing Officer may require the violator to pay a fine according to
the civil violation schedule. including administrative charges. Fines for repeat violations may be
doubled.
(17) In determining any reduction of the fine. the Hearing Officer may consider the
following factors:
1. The gravity ofthe violation.
2. Any actions taken by the violator to correct the violation.
3. Any previous violations committed by the violator.
(18) The Hearing Officer may reduce or eliminate a fine provided good cause is shown
for such reductions.
(K) Civil Penalties and Related Terms Construed.
(1) Penalties for violations of the provisions to be enforced through this ordinance shall
be in the amounts prescribed in the schedule of civil penalties contained in Subsection (0) of this
ordinance.
(2) For each day of a continued violation. an additional penalty in the same amount as
that prescribed for in the original violation shall be added.
(3) For the first repeat violation. the amount of the civil penalty shall be double the
amount of the penalty prescribed for the original violation in Subsection (0) of this ordinance.
The amount of civil penalty due for each subsequent repeat violation shall be double the amount of
penalty due for the first day of the immediately preceding violation. provided that the maximum
penalty payable for any repeat violation shall be $500.00.
(4) A repeat violation which remains uncorrected beyond the time prescribed for
correction in the citation shall be treated as a continuing violation. and the additional penalty for
each day of continued violation shall be double the amount due for the first day of the repeat
violation. except as noted in (3) above.
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(5) Continuing violation penalties shall accrue from the date of correction given in the
citation until the correction is made or until a request for administrative hearing is filed. whichever
comes first. If the named violator requests an administrative hearing and loses the appeal. the
Hearing Officer shall determine a reasonable time period within which correction of the violation
must be made. based on the considerations set forth in Subsection (n 17 of this ordinance. If
correction is not made within the period set by the Hearing officer. continuing violation penalties
shall begin to accrue again after the time for correction has run.
(6) Civil penalties assessed vursuant to this chapter are due and payable to the City on
the last day of the period allowed for the filing of an appeal from the hearing officer's decision. or.
if a proper appeal is made. when the appeal has been finally decided adversely to the named
violator.
(L) Recovery of Unpaid Civil Penalties: Unpaid Penalty to Constitute a Lien: Foreclosure.
(1) The City may institute proceedings in a court of competent iurisdiction to compel
payment of civil penalties.
(2) A certified COPy of an order imposing a civil venalty shall be recorded in the public
records and thereafter shall constitute a lien against the property 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 may be enforced in the same manner as a court judgment by the sheriffs of this state.
including levy against the personal vroperty. but such order shall not be deemed to be a court
judgment except for enforcement purposes. A civil penalty imposed pursuant to this ordinance
shall continue to accrue until the violator complies or until judgment is rendered in a suit to
foreclose a lien filed pursuant to this chapter. whichever occurs first. After three (3) months from
the date of filing of any such lien which remains unpaid, the City may foreclose or otherwise
execute the lien.
(3) No lien provided under this ordinance 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 a lien is commenced in a court of competent jurisdiction. In an
action to foreclose on a lien. the prevailing party may recover interest and all costs. including a
reasonable attorney's fee. incurred in the foreclosure. The continuation of the lien affected 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.
(M) Appeal of Order.
(1 ) An aggrieved party. including the City. may appeal an order of a Hearing Officer to
the appellate division of the Circuit Court. Such an appeal shall not be a hearing de novo but shall
be limited to appellate review of the record created before the Hearing Officer. An appeal shall be
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filed within thirty (30) calendar days of the issuance of the order sought to be overturned. Failure
to make such appeal within the prescribed 30-day period shall render the findings of the Hearing
Officer conclusive. binding and final.
(2) Unless the findings of the Hearing Officer are overturned in a proceeding held
pursuant to this ordinance. findings of the Hearing Officer shall be admissible in any proceeding to
collect unpaid penalties.
(3) No aggrieved party other than the City may apply to the court for relief unless such
party has first exhausted the remedies provided for in this ordinance and has taken all available
steps provided in this ordinance. It is the intention of the City that all steps provided by this
ordinance shall be taken before any application is made to the court for relief; and no application
shall be made by any aggrieved party other than the City to a court for relief except from an order
issued by a Hearing Officer pursuant to this chapter. It is the intention of the City that.
notwithstanding anything in this ordinance to the contrary. the City shall retain all rights and
remedies otherwise available to it to secure compliance with or prevent violations of the code. For
purposes of an appeal. the code enforcement clerk shall make available. for public inspection and
copying. the record upon which each final order of a Hearing Officer is based. The Code
Enforcement Clerk shall make a reasonable charge commensurate with the cost for the preparation
of the official record on appeal and transmittal thereof to the circuit court for making certified
copies of any records or portion thereof.
(N) Provisions Contained Herein are Supplemental.
Nothing contained in this ordinance shall prohibit the City from enforcing its code by any
other means. The enforcement procedures outlined herein are cumulative to all others and shall
not be deemed to be prerequisites to filing suit for the enforcement of any section ofthis code.
(0) Additional Enforcement Powers.
In addition to the powers and authority given to the City and Hearing Officers pursuant to
this ordinance. the City may. in its discretion. exercise any powers given to municipalities by
Florida Statute. Chapter 162. as amended. and all other municipal powers.
(P) Schedule of Civil Penalties.
(1) The schedule of civil penalties. as may be amended from time to time by resolution
of the City. shall be the same as set forth in Section 0 of this ordinance. Repeat violations are
doubled.
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(2) For violations of any section of this code for which a specific penalty is not
prescribed in Section O. a penalty shall be imposed which shall not be less than $25.00 nor more
than $500.00 per day for a repeat violation. For the purposes of continuing violations. each day
shall constitute a separate violation.
(0) Civil Penalties:
Code
Section
Description of Violation
Civil Penalty
Non-Contested Contested
CITY CODE OF ORDINANCES
GARBAGE AND TRASH
51.02
51.03
51.20 (A) and (B)
51.22
51.23
51.35 - 51.40
51.41 - 51.44
51.45
51.55 - 51.59
Dumping on private property is prohibited
Garbage placed in containers
Removal of building materials-
owner's responsibility
Vegetative waste collection
Bulk trash collection
Required and approved trash containers.
roll-offs. maintenance, replacement
Garbage preparation: use of containers
Construction receptacles
Special refuse: recycling
All other violations of Section 51
$200
$150
$275
$225
$175
$175
$175
$175
$125
$225
$175
$175
ABANDONED PROPERTY JUNK. TRASH & DEBRIS
90.02 Allowing wrecked. dismantled. unlicensed or
inoperable vehicles or vessels on public property $150 $225
90.03 Allowing wrecked. dismantled. unlicensed.
inoperable vehicles or vessels on private property $150 $225
90.07 Allowing repair work outside an enclosed
building: storage of dismantled vehicles $150 $225
90.16 Operating iunk yard without obtaining
required permits $250 $325
All other Section 90 violations $100 $175
FIRE SAFETY
96.02 Inspection required $100 $175
$100
$100
$100
$100
$ 50
$150
$100
$100
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96.04 Open burning prohibited $200 $275
96.05 (c) Objects within 5' of fire hydrant $150 $225
96.08 (B) (C) Storage. discharge or release of
hazardous wastes $100 $150
96.16 Adoption ofN.F.P.A. - any other violation
ofN.F.P.A. $150 $225
GARBAGE ON PRIVATE PROPERTY
98.03 (A) Unlawful deposit of garbage $150 $225
98.03 (B) Unlawful accumulation of garbage $150 $225
LITTER ON PRIVATE PROPERTY
98.04 (A) Unlawful deposit of litter $150 $225
98.04 (B) Unlawful existence of litter $150 $225
98.04 (C) Property to remain free of litter $150 $225
LITTER ON BUSINESS
98.05 (A) Unlawful deposit of litter in business $150 $225
98.05 (B) Unlawful existence of litter in business $150 $225
LITTER IN PUBLIC PLACE
98.06 Unlawful to throw or deposit litter in a public
place $250 $325
LITTER ON STREET
98.07 (A) Unlawful deposit of litter on sidewalk. parking
area. right-of-way or street $250 $325
98.07 (B) Unlawful existence of litter on sidewalk. parking
area. right-of-way. or street $150 $225
LITTER ON VACANT LOTS
98.08 (A) Unlawful deposit oflitter on private property $150 $225
98.08 (B) Unlawful existence of litter on private property $150 $225
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A
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LITTER IN PARKS
98.09 Unlawful deposit of litter in parks $150 $225
LITTER IN WATER
98.10 Unlawful to deposit litter in water $150 $225
98.20 Unlawful to throw or scatter litter on street.
sidewalk. alley. public or private property $150 $225
THROWING LITTER FROM VEHICLES
98.21 Unlawful for driver or passenger to throw or
deposit litter on any street. public place. or
private property $150 $225
VEHICLES TRANSPORTING REFUSE OR LOOSE MATERIALS
98.22 (A) Loose materials blowing or dropving
from vehicles $200 $275
98.22 (C) Required water tight vehicle to prevent
odors and spillage $250 $325
98.23 Unlawful dropping litter from aircraft $250 $325
98.23 (A) Waste tire dumpster required to register $250 $325
98.23 (B) License required for waste tire collection $250 $325
98.23 (C) (1) Transporting tires without license $250 $325
98.23 (C) (2) Giving false identification $100 $175
98.23 (C) (3) Unlawful subcontracting $200 $275
All other sections of Chapter 98 $100 $175
NOISE CONTROL
99.03 It shall be unlawful for any person to make.
continue. or cause to made any noise disturbance $150 $225
99.04 (1) It shall be unlawful to permit to be played any
radio. musical instrument. phonograph. or other
device used to produce sound that for purposes
of entertainment
a. If the noise source is located within an
automobile. in or on a public access area
and can be heard 50' from the source.
or 100' if within a building $200 $275
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b. If the sound violates the decibel level
established by ordinance $200 $275
99.04 (2) Loud speakers/Public address systems $200 $275
99.05 Sound levels by land use $200 $275
All other violations of Sec. 99 $150 $225
GENERAL REGULATIONS
100.01 (A)(I) Unlawful existence of weeds, undergrowth. brush
trash or garbage on property $150 $225
100.01 (A)(2) Unlawful existence of weeds. grass, plant life
over 12" high $150 $225
100.01 (A)(3) Unlawful existence of vegetative trash mixed
with other refuse $150 $225
100.01 (A)(4) Unlawful accumulations of bulky. heavy.
unbundled or uncontainerized items $150 $225
100.01 (B) The existence of vegetation trees and shrubs
that impairs traffic safety is prohibited $250 $325
100.01 (C) The existence of any vegetation. trees or shrubs
that interferes with street lights. signs. sidewalks
or other public improvements is prohibited $200 $275
100.01 (D) The adioining public right-of-way must be
maintained $150 $225
100.01 (E) Pyramid or similar type markers are prohibited $150 $225
100.02 Unlawful debris. vegetation. high structure on
property which may create a hazard in times
of hurricane $250 $325
100.03 Unlawful accumulation of sand. rock. debris.
or spoil on lot $100 $175
100.04 Seawall repair is required on all properties
adjacent to sand. stream. or body of water $150 $225
100.05 (A) (B) Unlawful to maintain standing water where
mosquitoes may breed $150 $225
100.06 (A) (B) Unlawful excavation which is in dangerous or
unsafe condition: declared a nuisance $250 $325
100.07 (A) Any portion of a lot not covered with a building.
structure, parking area. or walkway shall be
sodded or covered with appropriate ground
cover $100 $175
100.07 (B) All landscape materials shall be maintained in
a healthy condition $100 $175
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EXTERIOR BUILDING WALLS
100.08 (A)
All building walls shall be maintained in a secure
and attractive manner. All defective material shall
be repaired. All loose materials. cornices. trim
and window frames shall not be deteriorated.
shall be structurally sound. and exposed materials
shall be painted
All other violations of Section 100
$100
$100
$175
$175
DOGS ON THE BEACH
101.27 (B)
No person shall bring into any park or municipal
beach site. any cat. dog or other animal without
a permit from the Parks and Recreation Department $100
$175
STREETS AND SIDEWALKS - CONSTRUCTION. EXCAVATION. AND REPAIR
102.01 (A) (B) Construction in right-of-way (permit required) $100 $175
102.17 Construction on street (permit required) $100 $175
102.20 Construction standards for public r-o-w $100 $175
102.40 Standards for movable newsracks $100 $175
102.42 Certificate of compliance for newsrack $ 50 $125
102.43 Newsrack standards $100 $175
102.44 Prohibited locations/site triangle requirement $250 $325
102.46 Abandonment $150 $225
All other violations of Sec. 102 $100 $175
OCCUPATIONAL LICENSE
110.02 Occupational license required $100 $175
110.08 State license required $100 $175
110.113 Commercial vehicles - required name (4")
to be displayed $100 $175
110.116 Failure to get pre-inspection required for
new business $ 75 $150
All other violations of Section 110 $100 $175
ALARMS
112.21 Failure to get alarm registration $ 50 $125
112.23 Failure to display alarm decal $ 50 $125
16
ORD. NO. 34-06
I
I
1\
112.26
112.27
Failure to respond/verify alarm malfunction
Multiple malfunction violations
1 st offense
2nd offense
3rd offense
4th offense
All other violations of Section 112
$ 75
$ 0
$ 0
$ 0
$ 25
$100
$150
$ 0
$ 0
$ 0
$ 50
$175
HANDBILLS/SOLICITING
118.02 Unlawful distribution of handbills $100 $175
118.03 Unlawful soliciting and peddling $100 $175
118.06 Failure to obtain an occupational License
for soliciting $100 $175
All other violations for Section 118 $100 $175
SKATEBOARDING
132.09
Unlawful skateboarding/roller skating on sidewalk
along Atlantic Avenue between State Road A-l-A
and 1-95 $100
$175
All other sections of City Code not mentioned
$100
$175
17
ORD. NO. 34-06
II
("
CITY LAND DEVELOPMENT REGULATIONS
4.3.2 (A) - (C) Use Determination - Allowed and
incompatible uses $200 $275
4.3.3 (A) - (Z) Special Uses/District Regulations $200 $275
4.3.4 (A) - (K) Development Standards
Setbacks: lot coverage: density: zoning matrix $100 $175
4.4.2 - 4.4.28 Permitted Uses $250 $325
SIGNS
4.6.7 (D)(2) Garish signs $100 $175
4.6.7 (E)(l) Permits required for signs $100 $175
4.6.7 (F) Sign area. height. setbacks $100 $175
4.6.7 (n Prohibited signs $150 $225
All other violations of Section 4.6.7 $100 $175
LIGHTING
4.6.8 (A)(I)-(4) Lighting requirements. height. lighting
illumination standards $100 $175
PARKING
4.6.9 (B)(1)-(5) Parking required $150 $225
4.6.9 (C) (1) Parking design $150 $225
4.6.9 (C) (2) Residential uses (spaces reQ' d)
(a) Single family $ 50 $125
(b) Duplexes $ 75 $150
(c) Mulit-family $100 $175
(d) Guest parking $ 50 $125
4.6.9 (C) (3) Commercial uses $150 $225
4.6.9 (C) (4) Office uses $150 $225
4.6.9 (C) (5) Industrial uses $150 $225
4.6.9 (C) (6) Recreational/Community Facilities $150 $225
All other violations of Section 4.6.9 $150 $225
4.6.10 Off loading requirements $150 $225
4.6.11 Outside storage of materials, supplies. products,
and vehicles shall only be allowed if specified
in the district $250 $325
18
ORD. NO. 34-06
~-'
4.6.13 (A) Parking and storage of commercial vehicles,
boats. trucks. and similar vehicles in a
residential district $250 $325
4.6.13 (B) Truck parking - residential zones - prohibited
boat. trailer. RV storage in residential zones $250 $325
4.6.14 Site triangle visibility of intersections $250 $325
4.6.15 Pool enclosures. requirements $250 $325
LANDSCAPING
4.6.16 (A) General requirements $100 $175
4.6.16 (B) Applicability $100 $175
4.6.16 (C) Compliance. review $100 $175
4.6.16 (D) Site plan requirements $150 $225
4.6.16 (E) Design standards $100 $175
4.6.16 (F) Irrigation requirements $100 $175
4.6.16 (G) Prohibited species $150 $225
4.6.16 (H) Minimum requirements
(1) Single Family (new) $ 50 $125
(2) Duplex (new) $ 75 $150
(3) Multi-Family. Commercial.
Industrial (new) $150 $225
(4) Multi-Family. Duplex, Commercial.
and Industrial (existing) $100 $175
(5) Sight distance reQ'd (ref. sec. 4.6.14) $250 $325
4.6.16 (I) Minimum requirements
(1) General $100 $175
(2) Pruninglhatracking $200 $275
4.6.17 Soil erosion (all sections) $100 $175
5.1 Subdivision Regulations (all sections) $100 $175
5.3 Right of Way Dedication (all sections) $100 $175
WORK IN PUBLIC RIGHT-OF-WAY
6.3.2 Permit required for work in public right-of-way $100 $175
SIDEWALK CAFE REOUIREMENTS
6.3.3 (A) Permit required $100 $175
6.3.3 (F) Design Guidelines
6.3.3 (F) (1) - (13) Path of egress. no table zones. hours of
operation. cleanliness. etc. $150 $225
19
ORD. NO. 34-06
BUILDING REGULATIONS
7.1.2 Required plans and permit $100 $175
7.1.3 Florida Building Code (all sections) $100 $175
7.1.3 (B)(I)-(4) Florida Building Code Standards $100 $175
7.1.4 Property Maintenances: Building Standards
7.1.4 (C)(I) Buildings $150 $225
(a) (b) Safety $150 $225
7.1.4 (C)(2) Debris/Storage on partially vacant lot $150 $225
7.1.4 (D)(I) Hurricane precautions
(a) Required canvas awnings.
tents to be removed $150 $225
(b) Construction materials to be secured $250 $325
( c) Outdoor furniture and materials
to be secured $250 $325
7.1.4 (D) (2) (b) Required repairs after hurricane
(unsafe structure) $250 $325
7.1.5 (B) (1) (2) Required numbers on buildings $100 $175
7.1.5 (C) Required display and size of numbers -
visible from street $ 50 $125
7.1.7 Seawalls required to be in good repair $100 $150
ELECTRICAL CODE
7.2.1 (A) (1) (2) Required electrician for work $100 $175
7.2.1 (A)(1)(3) Required sign electrician for work $100 $175
7.2.1 (B) National Elec. Code and National Fire Code
adopted by reference violations $100 $175
7.2.1 (C) Allowing another person to obtain permit or
do work under your license $200 $275
7.2.2 (A) (1) (2)
and (3) Required plans and installation methods $100 $175
7.2.2 (B) Concealing work before final $150 $225
7.2.2 (C) Using non-approved apparatus/fixtures $200 $275
7.2.5 (C) Interfering with enforcement $150 $225
All other Section 7 violations $100 $175
BUILDING MAINTENANCE
7.8.3 Buildings shall be maintained by Owner $100 $175
20
ORD. NO. 34-06
STANDARD HOUSING CODE THROUGH LDR SECTIONS 7.4.1 AND 7.8.3
101.4.1 -101.4.4 Repairs required on existing buildings $100 $175
101.6 Maintenance of buildings: safeguards:
owner responsible $100 $175
103.2 Unsafe residential buildings to be repaired or
demolished $250 $325
301 Occupying or allowing occupation of a
substandard building $150 $225
302.1 - 302.4 Required sanitary & plumbing facilities $100 $175
302.5.1 - 302.5.6 Required heating facilities $100 $175
302.6 Required kitchen facilities $100 $175
303.1 Required windows $100 $175
303.2 Required ventilation $100 $175
303.3 Required bathroom ventilation $100 $175
303.4 Required electrical outlets $100 $175
305.1 - 305.23.2 Doors. windows and screen requirements $100 $175
306.1 - 306.4 Minimum space requirements $100 $175
307.1 - 307.6 Sanitation requirements for multi-family $150 $225
308.1 - 308.7 Rooming house requirements $150 $225
309.1 - 309.6 Dangerous dwellings $250 $325
All other sections of Standard Housing Code
not mentioned $100 $175
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.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
Section 5. That this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the ~ay
of ---:s-~ , 2006. Q l tA
~YOR '-
21
ORD. NO. 34-06
(
~~s..~:_ ~~. ~~.~
CITY CLERK
First Reading ~ \ \.0 \ ~ "-0
"
Second Reading ~ \w~\ ~
1\
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22
ORD. NO. 34-06
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER rJl'I\
TO:
SUBJECT:
AGENDA ITEM # \ <::) c..
ORDINANCE NO. 34-06
- REGULAR MEETING OF JUNE 20. 2006
DATE:
JUNE 16, 2006
This ordinance is before Commission for second reading and public hearing to amend Section 37.45,
"Supplemental Code Enforcement Procedures", to provide for civil violation imposition and
collection of penalties via ticketing through City Code and Law Enforcement Officers; and to provide
for a Hearing Officer to hear civil violation appeals.
At the first reading on June 6, 2006, the Commission passed Ordinance No. 34-06.
Recommend approval of Ordinance No. 34-06 on second and final reading.
S:\City Clerk\agenda memos\Ord 31..()6 Amend 37.45 Code Officers 062006
~
[IT' DF DEL RY BER[H
CITY ATTORNEY'S OFFICE
\,\\ 1,1\\'1\ ! 'I )11 RAY BEACH. FLORIDA 33444
! !'II( ,'\1 '(, I I' FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRA Y BEACH
~
AII.America City
, III J! DATE:
TO:
1993
2001
MEMORANDUM
May 24, 2006
City Commission
David T. Harden, City Manager
Terrill Barton, Assistant City Attorney ~
SUBJECT: Ordinance No. 34-06 - Supplemental Code Enforcement Procedures
FROM:
The attached ordinance repeals Section 37.45 and enacts a new 37.45
"Supplemental Code Enforcement Procedures" to provide for civil violation
imposition and collection of penalties via ticketing through City Code and Law
Enforcement Officers and it provides for a Hearing Officer to hear civil violation
appeals.
Please place this item on the consent agenda for June 6, 2006 for City
Commission consideration.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
'\~
ORDINANCE NO. 34-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING SECTION 37.45,
"SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", OF
THE CODE OF ORDINANCES BY REPEALING IT IN ITS
ENTIRETY AND ENACTING A NEW SECTION 37.45,
"SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES";
PROVIDING FOR A HEARING OFFICER TO HEAR CIVIL
VIOLATION APPEALS; PROVIDING FOR PENALTIES,
IMPOSITION, AND COLLECTION OF LIENS; PROVIDING FOR
CIVIL OFFENSES; PROVIDING FOR PAYMENT FOR SERVICES
AND QUALIFICATIONS OF HEARING OFFICERS; PROVIDING
FOR THE ESTABLISHMENT OF CIVIL VIOLATION
PROCEDURES; PROVIDING FOR THE ESTABLISHMENT OF
CIVIL PENALTIES FOR VIOLATIONS; PROVIDING FOR
IMPOSITION AND COLLECTION OF CIVIL PENALTIES;
PROVIDING FOR APPEALS; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE.
WHEREAS, Section 37.45 of the Code of Ordinances of the City of Delray Beach, Florida, was
established to provide for procedures for supplemental code enforcement procedures; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to expand these
procedures and to establish additional code enforcement procedures.
NOW, THEREFORE, be it ordained by the City Commission of the City of Delray Beach, Florida,
as follows:
Section 1. That Section 37.45 of the Code of Ordinances of the City of Delray Beach, Florida, be
repealed in its entirety.
Section 2. That Section 37.45 of the Code of Ordinances of the City of Delray Beach, Florida is
hereby enacted to read as follows:
(A) Intent.
(1 ) It is the intent of the City Commission to promote. protect and improve the health.
safety. and welfare of the citizens of Delray Beach, Florida. and to provide an equitable,
expeditious, effective and inexpensive method of enforcing codes and ordinances of the City.
(B) Definitions.
(1) For the purposes of this chapter of the Code of Ordinances, the following terms.
phrases. words, and their derivations shall have the meaning as defined.
(a) "Citation" or "Civil Violation Notice" shall mean a notice of violation with a
civil venalty and fine. as provided for in the Code.
(b) "Code" means collectively the City of Delray Beach Code of Ordinances, as
may be amended from time to time, any applicable sections of the Minimum Housing Code.
SBCCI. as may be amended from time to time, or the applicable Florida Building Code. as may be
amended from time to time.
(c) "Code Enforcement Officer" means any authorized agent or employee of the
City whose duty it is to assure compliance with the Code.
(d) "Hearing Officer" is an individual. appointed pursuant to the Code of
Ordinances, who is authorized to conduct hearings on appeals of civil violation notices. A hearing
officer enters findings of fact, conclusions of law, and may adjust fines imposed pursuant to civil
violation notices depending on evidence and testimony entered at the hearing.
(e) "Notice" shall be provided to alleged violator(s) or property owner(s) by
certified mail. return receipt requested. by hand-delivery or posting. or as provided in this
ordinance and Chapter 162 of the Florida Statutes.
(D "Law Enforcement Officer" means any authorized agent or employee of the
City's Police Department.
(C) Civil Offenses/Penalties: Intent and Purpose.
The violation of any provision of any of the ordinances of the City of Delray Beach or the
applicable Minimum Housing or Florida Building Code, shall constitute a civil offense punishable
by civil penalty as provided herein. The civil citation process is intended to supplement the code
Enforcement Board process and other enforcement processes by providing an additional
enforcement process that will expedite the correction of certain types of code violations. These
types of violations include but are not limited to: itinerant types of sign violations which may be
quickly rectified (banners. balloons. sidewalk, snipe signs). unlicensed contractors. contractor
licensing requirements. overflowing dumpsters. trash piles, hatracking of trees, failure to secure
iob sites during hurricane warnings. and operating vendor type businesses without license.
2
ORD. NO. 34-06
(D) Oualifications. Appointment and Removal. Compensation of Hearint! Officers.
(1) For the purpose of this article, appointments of Hearing Officers shall be made by
the City Commission.
(2)
Florida.
Hearing Officers shall be lawyers in good standing, licensed to practice law in
(3) Appointments shall be made for a term of one year. Hearing Officers may be
reappointed or removed at the discretion of the City Commission.
(4) Hearing Officers shall be compensated at a rate to be determined by the City
Commission.
(5) If a Hearing Officer is removed from a case. the case may be assigned to another
Hearing Officer.
(E) Powers of Hearint! Officer.
Under this article. Hearing Officers shall have the power to:
(1) Apply the rules for the conduct of quasi-iudicial hearings adopted by the City
Commission.
(2) Subpoena violators and witnesses for hearings. Subpoenas shall be served by the
Police Department or by the city staff. or as provided by ordinance.
(3) Subpoena evidence.
(4) Take testimony under oath.
(5) Assess and order the payment of fines as provided according to ordinance and
statute.
(6) Enter findings of fact. conclusions of law. and issue orders having the force of law
to command whatever steps are necessary to bring a violation into compliance.
(F) Attornev to Serve as Counsel.
The City Attorney (or his/her designee) shall provide legal advice to City Staff, if
requested.
3
ORD. NO. 34-06
(G) Authority to Initiate Enforcement Proceedines.
Enforcement proceedings shall be initiated as a result of an observed violation by a
code/law enforcement officer. Hearing Officers shall not have authority to initiate such
enforcement procedures.
(H) Enforcement Procedures: Contents and Services of Notices/Civil Violations.
(1 ) A code/law enforcement officer who finds a violation of the code shall issue a
notice stating that the violator has committed a violation of the code and shall specify a reasonable
time period within which the violator must correct the violation. This determination shall be based
on consideration of fairness. practicality, ease of correction, ability to correct, severity of violation,
or nature. extent. and probability of danger or damage to the public. degree of nuisance to
neighbors and neighborhood, and other relevant factors relating to the reasonableness of the time
period prescribed.
(2) A code/law enforcement officer is authorized to issue a citation to a person when,
based upon his/her personal investigation. the inspector has reasonable cause to believe that the
person has committed a civil infraction in violation of a duly enacted section of the City's Code of
Ordinances, the Minimum Housing Code. and the applicable Florida Building Code. as may be
amended from time to time.
(3) If. upon his/her personal investigation. a code/law enforcement officer finds that the
person has not corrected the violation within the time period, a code/law enforcement officer shall
issue a citation to the person or legal entity who has committed the violation. A code/law
enforcement officer does not have to provide the violator with a reasonable time period to correct
the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is
found or if the code compliance officer has reason to believe that the violation presents a serious
threat to the public health. safety, or welfare. or if the violation is irreparable or irreversible.
Unlicensed contractors. working under a stop work order. performing work without permits. tree
abuse. illegal dumping. failure to secure a iob site during a hurricane warning. and similar
situations do not require prior notice and may result in an immediate citation.
(4) A citation issued by a code/law enforcement officer shall be in a form prescribed by
the City and shall contain:
a. The date and time of issuance.
b. The name and address of the person or entity to whom the citation is
issued.
c. The date and time the civil infraction was committed.
4
ORD. NO. 34-06
d. The facts constituting reasonable cause.
e. The number or section of the code violated.
f. The name of the code/law enforcement officer.
g. The procedure for the person or entity to follow in order to pay the civil
penalty or to contest the citation.
h. The applicable civil penalty if the person or entity elects to contest the
citation and that the violator may be liable for costs associated with
conducting the administrative hearing.
1. The applicable civil penalty if the person or entity elects not to contest the
citation.
1. A conspicuous statement that if the person or entity fails to pay the civil
penalty within the time allowed. or fails to file an appeal to contest the
violation within 14 days of service of the notice. he/she shall be deemed to
have waived their right to contest the citation and that. in such case. a
finding may be rendered against the person for an amount UP to the
maximum civil penalty.
(5) After issuing a citation. the code/law enforcement officer shall deposit the original
with the clerk of the code enforcement division.
(6) Any person who willfully refuses to sign and accept a citation issued by a code/law
enforcement officer shall be guilty of a misdemeanor of the second degree punishable as provided
in Section 775.082. Florida Statutes, as amended. or Section 775.083. Florida Statutes, as
amended.
(7) All notices required by the code shall be provided to the alleged violator by certified
mail. return receipt requested: overnight courier: by hand delivery by a law enforcement officer of
the City. code enforcement officer, or other person designated by the City: or by leaving the notice
at the violator's usual place of residence with someone residing at the residence above 15 years of
age and informing such person of the contents of the notice; and may include posting at site of
violation.
(8) Such notice may be posted for at least 10 days in at least two locations. one of
which shall be the property upon which the violation is alleged to exist and the other which shall
be. in the case of municipalities. at the primary municipal government office. Proof of posting
5
ORD. NO. 34-06
shall be by affidavit of the person posting the notice, which affidavit shall include a coPY of the
notice posted and the date and place of its posting. Notice by posting may run concurrently with.
or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required
under subsection (7).
(9) Evidence that an attempt has been made to hand deliver or mail notice as provided
in subsection (7). together with proof of posting as provided in subsection (8). shall be sufficient to
show that the notice requirements of the code have been satisfied. without regard to whether or not
the alleged violator actually received such notice.
(I) Civil Penalties: Appeals: Failure to Pay/Correct.
(I) Civil penalties assessed pursuant to this Article are due and payable to the City on
or before the last day of the period allowed for the filing of an administrative hearing before a
hearing officer or in any event no later than 14 days after the issuance of the notice, or if proper
appeal is made. when the appeal has been finally decided if in a manner adverse to the cited
violator.
(2) A violator who has been served with a civil infraction notice shall elect either to:
a. Pay the civil penalty in the manner indicated on the infraction notice. and
correct the violation within the time specified on the notice: or
b. Request an administrative hearing before a hearing officer to appeal the
determination of the code enforcement officer. which resulted in the
issuance of the civil infraction notice.
(3) An appeal for administrative hearing shall be accomplished by filing a request in
writing to set the hearing for review and mailed to the code enforcement clerk or his/her designee
or to the address indicated on the notice. with a postmark indicating that it was marked not later
than 14 days after the service of the citation notice.
(4) If the named violator. after notice, fails to pay the civil penalty and correct the
violation (within the time specified). or to timely request an administrative hearing before a
hearing officer. such failure shall constitute a waiver of the violator's right to an administrative
hearing before a hearing officer. A waiver of the right to an administrative hearing shall be treated
as an admission of the violation and penalties may be assessed accordingly. The civil penalty shall
be an accruing fine amount which will be assessed daily for continuing violations which have not
been corrected.
6
ORD. NO. 34-06
(J) Scheduline and Conduct of Appeal Hearine.
(l) Upon receipt of a named violator's timely request for an administrative hearing. the
code/law enforcement officer or his/her designee shall set the matter down for hearing on the next
available regularly scheduled hearing date or as soon thereafter as possible.
(2) City staff shall send a notice of hearing by certified and regular mail to the violator
at the last known address or the address contained on the appeal. The notice of hearing shall
include the place. date and time of the hearing, as well as a COPy of the civil violation notice.
(3) An informational statement shall include:
a. Right of violator to be represented by an attorney.
b. Right of violator to present witnesses and evidence.
c. Notice that failure of violator to attend hearing may result in civil penalty
being assessed in absence ofthe violator.
d. Notice that requests for continuances will not be considered if not received
in writing by the code compliance officer at least five calendar days prior to
the date set for hearing.
e. Right to have a court reporter present at the violator's own expense.
(4) The Hearing Officer shall conduct hearings on a regularly scheduled monthly basis.
depending on the number of appeals. or more frequently upon request of the City Manager or
his/her designee. No hearing shall be set sooner than twenty (20) days from the date of service of
the notice of infraction.
(5) A hearing date shall not be considered postponed or continued unless a request for
continuance. showing good cause for such continuance, is received in writing by the hearing
officer at least five (5) calendar days prior to the date set for the hearing. A decision shall be made
at least two (2) working days before the meeting.
(6) All hearings of the Hearing Officer shall be open to the public. All testimony shall
be under oath. Assuming proper notice. a hearing may proceed in the absence. of the named
violator.
(7) The proceedings at the hearing shall be recorded electronically or by a court
stenographer and may be transcribed at the expense of the party requesting the transcript.
7
ORD. NO. 34-06
(8) The Code Enforcement Clerk shall provide clerical services as may be reasonably
required by each Hearing Officer for the proper performance of their duties.
(9) Each case before a Hearing Officer shall be presented by the City staff.
(10) The hearing need not be conducted in accordance with the formal rules relating to
evidence and witnesses, but fundamental due process shall be observed and shall govern the
proceedings. Any relevant evidence shall be admitted if the Hearing Officer finds it competent
and reliable, regardless of the existence of any common law or statutory rule to the contrary.
Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct
evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a
finding or decision unless the evidence would be admissible over objections in a civil action.
(11) Each party shall have the right to call and examine witnesses. to introduce exhibits.
to cross-examine opposing witnesses on any matter relevant to the issues even though that matter
was not covered in the direct examination. to impeach any witness regardless of which party first
called that witness to testify. and to offer rebuttal ofthe evidence.
(12) The Hearing Officer shall make findings of fact and conclusions of law based on the
evidence of record. In order to make a finding upholding the code enforcement officer's decision.
the Hearing Officer must find that the preponderance of the evidence indicates that the named
violator was responsible for the violation of the relevant section of the Code. The initial burden of
proof shall be with the City to show by the greater weight of evidence that a code violation exists
and that the alleged violator committed. or was responsible for maintaining or permitting the
violation to continue. Once this burden has been met. it shall be the responsibility of the violator
to rebut the evidence submitted by the City.
(13) The time for correction given by the code/law enforcement officer to the named
violator and contained in the notice of violation is rebuttably presumed to have been a reasonable
time for correction. Upon presentation of relevant evidence by the named violator that the time for
correction was not reasonable, however. the Hearing Officer may make a predetermination as to
the time period being insufficient. If the Hearing Officer determines that the time given for
correction was insufficient. the penalty for a continuing violation shall be calculated from the date
determined by the Hearing Officer to be reasonable time for correction.
(14) If the named violator is found guilty of the violation, he/she may be held liable for
the reasonable cost ofthe administrative hearing. at the discretion ofthe Hearing Officer.
(15) After all evidence has been submitted and all testimony heard. the Hearing Officer
shall issue findings of fact and conclusions of law orally. at the hearing, which shall then be
incorporated in a written order affording the proper relief consistent with the powers granted in this
chapter. Such order may command a violator to take whatever steps are necessary to bring a
8
ORD. NO. 34-06
violation into compliance by the date announced at the meeting and subsequently placed in the
order. The order shall be announced orally at the meeting and within five (5) working days
subsequent to the hearing shall be reduced to writing and mailed to the violator.
(16) The order of the Hearing Officer may require the violator to pay a fine according to
the civil violation schedule, including administrative charges. Fines for repeat violations may be
doubled.
(17) In determining any reduction of the fine. the Hearing Officer may consider the
following factors:
1. The gravity of the violation.
2. Any actions taken by the violator to correct the violation.
3. Any previous violations committed by the violator.
(18) The Hearing Officer may reduce or eliminate a fine provided good cause is shown
for such reductions.
(K) Civil Penalties and Related Terms Construed.
(1 ) Penalties for violations of the provisions to be enforced through this ordinance shall
be in the amounts prescribed in the schedule of civil penalties contained in Subsection (0) of this
ordinance.
(2) For each day of a continued violation, an additional penalty in the same amount as
that prescribed for in the original violation shall be added.
(3) For the first repeat violation, the amount of the civil penalty shall be double the
amount of the penalty prescribed for the original violation in Subsection (0) of this ordinance.
The amount of civil penalty due for each subsequent repeat violation shall be double the amount of
penalty due for the first day of the immediately preceding violation. provided that the maximum
penalty payable for any repeat violation shall be $500.00.
(4) A repeat violation which remains uncorrected beyond the time prescribed for
correction in the citation shall be treated as a continuing violation. and the additional penalty for
each day of continued violation shall be double the amount due for the first day of the repeat
violation. except as noted in (3) above.
(5) Continuing violation penalties shall accrue from the date of correction given in the
citation until the correction is made or until a request for administrative hearing is filed. whichever
9
ORD. NO. 34-06
comes first. If the named violator requests an administrative hearing and loses the appeal. the
Hearing Officer shall determine a reasonable time period within which correction of the violation
must be made. based on the considerations set forth in Subsection (J)17 of this ordinance. If
correction is not made within the period set by the Hearing officer. continuing violation penalties
shall begin to accrue again after the time for correction has run.
(6) Civil penalties assessed pursuant to this chapter are due and payable to the City on
the last day ofthe period allowed for the filing of an appeal from the hearing officer's decision. or.
if a proper appeal is made. when the appeal has been finally decided adversely to the named
violator.
(L) Recovery of Unpaid Civil Penalties: Unpaid Penalty to Constitute a Lien: Foreclosure.
(l) The City may institute proceedings in a court of competent jurisdiction to compel
payment of civil penalties.
(2) A certified COpy of an order imposing a civil penalty shall be recorded in the public
records and thereafter shall constitute a lien against the property 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 may be enforced in the same manner as a court judgment by the sheriffs of this state.
including levy against the personal property, but such order shall not be deemed to be a court
iudgment except for enforcement purposes. A civil penalty imposed pursuant to this ordinance
shall continue to accrue until the violator complies or until judgment is rendered in a suit to
foreclose a lien filed pursuant to this chapter, whichever occurs first. After three (3) months from
the date of filing of any such lien which remains unpaid, the City may foreclose or otherwise
execute the lien.
(3) No lien provided under this ordinance 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 a lien is commenced in a court of competent iurisdiction. In an
action to foreclose on a lien. the prevailing party may recover interest and all costs. including a
reasonable attorney's fee. incurred in the foreclosure. The continuation of the lien affected 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.
(M) Appeal of Order.
(1) An aggrieved party, including the City, may appeal an order of a Hearing Officer to
the appellate division of the Circuit Court. Such an appeal shall not be a hearing de novo but shall
be limited to appellate review of the record created before the Hearing Officer. An appeal shall be
filed within thirty (30) calendar days of the issuance of the order sought to be overturned. Failure
10
ORD. NO. 34-06
to make such appeal within the prescribed 30-day period shall render the findings of the Hearing
Officer conclusive. binding and final.
(2) Unless the findings of the Hearing Officer are overturned in a proceeding held
pursuant to this ordinance. findings of the Hearing Officer shall be admissible in any proceeding to
collect unpaid penalties.
(3) No aggrieved party other than the City may apply to the court for relief unless such
party has first exhausted the remedies provided for in this ordinance and has taken all available
steps provided in this ordinance. It is the intention of the City that all steps provided by this
ordinance shall be taken before any application is made to the court for relief: and no application
shall be made by any aggrieved party other than the City to a court for relief except from an order
issued by a Hearing Officer pursuant to this chapter. It is the intention of the City that.
notwithstanding anything in this ordinance to the contrary. the City shall retain all rights and
remedies otherwise available to it to secure compliance with or prevent violations of the code. For
purposes of an appeal. the code enforcement clerk shall make available, for vublic inspection and
copying. the record upon which each final order of a Hearing Officer is based. The Code
Enforcement Clerk shall make a reasonable charge commensurate with the cost for the preparation
of the official record on appeal and transmittal thereof to the circuit court for making certified
copies of any records or portion thereof.
eN) Provisions Contained Herein are Supplemental.
Nothing contained in this ordinance shall prohibit the City from enforcing its code by any
other means. The enforcement procedures outlined herein are cumulative to all others and shall
not be deemed to be prerequisites to filing suit for the enforcement of any section of this code.
(0) Additional Enforcement Powers.
In addition to the powers and authority given to the City and Hearing Officers pursuant to
this ordinance. the City may. in its discretion. exercise any powers given to municipalities by
Florida Statute, Chapter 162. as amended. and all other municipal powers.
(P) Schedule of Civil Penalties.
(1 ) The schedule of civil penalties. as may be amended from time to time by resolution
of the City. shall be the same as set forth in Section Q of this ordinance. Repeat violations are
doubled.
(2) For violations of any section of this code for which a specific penalty is not
prescribed in Section Q, a penalty shall be imposed which shall not be less than $25.00 nor more
11
ORD. NO. 34-06
than $500.00 per day for a repeat violation. For the purposes of continuing violations, each day
shall constitute a separate violation.
(0) Civil Penalties:
Code
Section
Description of Violation
Civil Penalty
Non-Contested Contested
CITY CODE OF ORDINANCES
GARBAGE AND TRASH
51.02 Dumping on private property is prohibited $200 $275
51.03 Garbage placed in containers $150 $225
51.20 (A) and (B) Removal of building materials-
owner's responsibility $100 $175
51.22 Vegetative waste collection $lOO $175
51.23 Bulk trash collection $100 $175
51.35 - 51.40 Required and approved trash containers,
roll-offs, maintenance. replacement $100 $175
5l.4l - 51.44 Garbage preparation: use of containers $ 50 $125
51.45 Construction receptacles $150 $225
51.55 - 51.59 Special refuse: recycling $100 $175
All other violations of Section 51 $lOO $175
ABANDONED PROPERTY JUNK. TRASH & DEBRIS
90.02 Allowing wrecked. dismantled, unlicensed or
inoperable vehicles or vessels on public property $150 $225
90.03 Allowing wrecked, dismantled. unlicensed.
inoperable vehicles or vessels on private property $150 $225
90.07 Allowing repair work outside an enclosed
building: storage of dismantled vehicles $150 $225
90.16 Operating junk yard without obtaining
required permits $250 $325
All other Section 90 violations $100 $175
FIRE SAFETY
96.02 Inspection required $100 $175
96.04 Open burning prohibited $200 $275
96.05 (c) Obiects within 5' of fire hydrant $150 $225
12
ORD. NO. 34-06
96.08 (B) (C) Storage, discharge or release of
hazardous wastes $100 $150
96.16 Adoption ofN.F.P.A. - any other violation
ofN.F.P.A. $150 $225
GARBAGE ON PRIVATE PROPERTY
98.03 (A) Unlawful deposit of garbage $150 $225
98.03 (B) Unlawful accumulation of garbage $150 $225
LITTER ON PRIVATE PROPERTY
98.04 (A) Unlawful deposit of litter $150 $225
98.04 (B) Unlawful existence of litter $150 $225
98.04 (C) Property to remain free of litter $150 $225
LITTER ON BUSINESS
98.05 (A) Unlawful deposit of litter in business $150 $225
98.05 (B) Unlawful existence of litter in business $l50 $225
LITTER IN PUBLIC PLACE
98.06 Unlawful to throw or deposit litter in a public
place $250 $325
LITTER ON STREET
98.07 (A) Unlawful deposit of litter on sidewalk, parking
area. right-of-way or street $250 $325
98.07 (B) Unlawful existence of litter on sidewalk. parking
area. right-of-way. or street $150 $225
LITTER ON VACANT LOTS
98.08 (A) Unlawful deposit of litter on private property $150 $225
98.08 (B) Unlawful existence of litter on private property $150 $225
LITTER IN PARKS
98.09 Unlawful deposit of litter in parks $150 $225
13
ORD. NO. 34-06
LITTER IN WATER
98.10 Unlawful to deposit litter in water $150 $225
98.20 Unlawful to throw or scatter litter on street.
sidewalk. alley. public or private property $150 $225
THROWING LITTER FROM VEHICLES
98.21 Unlawful for driver or passenger to throw or
deposit litter on any street. public place. or
pri vate property $150 $225
VEHICLES TRANSPORTING REFUSE OR LOOSE MATERIALS
98.22 (A) Loose materials blowing or dropping
from vehicles $200 $275
98.22 (C) Required water tight vehicle to prevent
odors and spillage $250 $325
98.23 Unlawful dropping litter from aircraft $250 $325
98.23 (A) Waste tire dumpster required to register $250 $325
98.23 (B) License required for waste tire collection $250 $325
98.23 (C) (1 ) Transporting tires without license $250 $325
98.23 (C) (2) Giving false identification $100 $175
98.23 (C) (3) Unlawful subcontracting $200 $275
All other sections of Chapter 98 $100 $175
NOISE CONTROL
99.03 It shall be unlawful for any person to make,
continue. or cause to made any noise disturbance $150 $225
99.04 (1) It shall be unlawful to permit to be played any
radio, musical instrument. phonograph. or other
device used to produce sound that for purposes
of entertainment
a. If the noise source is located within an
automobile, in or on a public access area
and can be heard 50' from the source.
or 100' if within a building $200 $275
b. If the sound violates the decibel level
established by ordinance $200 $275
99.04 (2) Loud speakers/Public address systems $200 $275
14
ORD. NO. 34-06
99.05 Sound levels by land use $200 $275
All other violations of Sec. 99 $150 $225
GENERAL REGULATIONS
100.01 (A)(1) Unlawful existence of weeds, undergrowth. brush
trash or garbage on property $150 $225
100.01 (A)(2) Unlawful existence of weeds. grass, plant life
over 12" high $150 $225
100.01 (A)(3) Unlawful existence of vegetative trash mixed
with other refuse $150 $225
100.01 (A)(4) Unlawful accumulations of bulky. heavy.
unbundled or uncontainerized items $150 $225
100.01 (B) The existence of vegetation trees and shrubs
that impairs traffic safety is prohibited $250 $325
lOO.Ol (C) The existence of any vegetation. trees or shrubs
that interferes with street lights. signs. sidewalks
or other public improvements is prohibited $200 $275
100.01 (D) The adioining public right-of-way must be
maintained $150 $225
100.01 (E) Pyramid or similar type markers are prohibited $150 $225
100.02 Unlawful debris, vegetation, high structure on
property which may create a hazard in times
of hurricane $250 $325
100.03 Unlawful accumulation of sand, rock, debris,
or spoil on lot $100 $175
100.04 Seawall repair is required on all properties
adjacent to sand. stream. or body of water $l50 $225
100.05 (A) (B) Unlawful to maintain standing water where
mosquitoes may breed $150 $225
100.06 (A) (B) Unlawful excavation which is in dangerous or
unsafe condition: declared a nuisance $250 $325
100.07 (A) Any portion of a lot not covered with a building.
structure. parking area, or walkway shall be
sodded or covered with appropriate ground
cover $100 $175
100.07 (B) All landscape materials shall be maintained in
a healthy condition $100 $175
EXTERIOR BUILDING WALLS
100.08 (A) All building walls shall be maintained in a secure
15
ORD. NO. 34-06
and attractive manner. All defective material shall
be repaired. All loose materials. cornices. trim
and window frames shall not be deteriorated.
shall be structurally sound, and exposed materials
shall be painted
All other violations of Section 100
$100
$100
$175
$175
DOGS ON THE BEACH
101.27 (B)
No person shall bring into any park or municipal
beach site. any cat. dog or other animal without
a permit from the Parks and Recreation Department $100
$175
STREETS AND SIDEWALKS - CONSTRUCTION. EXCAVATION. AND REPAIR
102.01 (A) (B) Construction in right-of-way (permit required) $100 $175
102.17 Construction on street (permit required) $100 $175
102.20 Construction standards for public r-o-w $100 $175
102.40 Standards for movable newsracks $100 $175
102.42 Certificate of compliance for newsrack $ 50 $l25
102.43 Newsrack standards $100 $175
102.44 Prohibited locations/site triangle requirement $250 $325
102.46 Abandonment $150 $225
All other violations of Sec. 102 $100 $175
OCCUPATIONAL LICENSE
110.02 Occupational license required $100 $175
110.08 State license required $100 $175
110.113 Commercial vehicles - required name (4")
to be displayed $lOO $175
110.116 Failure to get pre-inspection required for
new business $ 75 $150
All other violations of Section 110 $100 $175
ALARMS
112.21 Failure to get alarm registration $ 50 $125
112.23 Failure to display alarm decal $ 50 $125
112.26 Failure to respond/verify alarm malfunction $ 75 $150
112.27 Multiple malfunction violations
1 st offense $ 0 $ 0
16
ORD. NO. 34-06
2nd offense $ 0 $ 0
3rd offense $ 0 $ 0
4th offense $ 25 $ 50
All other violations of Section 112 $100 $175
HANDBILLS/SOLICITING
118.02 Unlawful distribution of handbills $100 $175
118.03 Unlawful soliciting and peddling $100 $175
118.06 Failure to obtain an occupational License
for soliciting $100 $175
All other violations for Section 118 $100 $175
SKATEBOARDING
132.09 Unlawful skateboarding/roller skating on sidewalk
along Atlantic Avenue between State Road A-l-A
and 1-95 $100 $175
All other sections of City Code not mentioned $100 $175
17
ORD. NO. 34-06
CITY LAND DEVELOPMENT REGULATIONS
4.3.2 (A) - (C) Use Determination - Allowed and
incompatible uses $200 $275
4.3.3 (A) - (Z) Special Uses/District Regulations $200 $275
4.3.4 (A) - (K) Development Standards
Setbacks: lot coverage: density: zoning matrix $100 $175
4.4.2 - 4.4.28 Permitted Uses $250 $325
SIGNS
4.6.7 (D)(2) Garish signs $100 $175
4.6.7 (E)(1) Permits required for signs $100 $175
4.6.7 (F) Sign area. height. setbacks $100 $175
4.6.7 (J) Prohibited signs $150 $225
All other violations of Section 4.6.7 $100 $175
LIGHTING
4.6.8 (A)(1)-(4) Lighting requirements. height. lighting
illumination standards $100 $175
PARKING
4.6.9 (B)(1 )-(5) Parking required $150 $225
4.6.9 (C) (1) Parking design $150 $225
4.6.9 (C) (2) Residential uses (spaces reQ' d)
(a) Single family $ 50 $125
(b) Duplexes $ 75 $150
(c) Mulit-family $100 $175
(d) Guest parking $ 50 $125
4.6.9 (C) (3) Commercial uses $150 $225
4.6.9 (C) (4) Office uses $150 $225
4.6.9 (C) (5) Industrial uses $150 $225
4.6.9 (C) (6) Recreational/Community Facilities $150 $225
All other violations of Section 4.6.9 $150 $225
4.6.10 Off loading requirements $150 $225
4.6.11 Outside storage of materials. supplies. products.
and vehicles shall only be allowed if specified
in the district $250 $325
4.6.13 (A) Parking and storage of commercial vehicles,
boats, trucks, and similar vehicles in a
18
ORD. NO. 34-06
residential district $250 $325
4.6.13 (B) Truck parking - residential zones - prohibited
boat, trailer. RV storage in residential zones $250 $325
4.6.14 Site triangle visibility of intersections $250 $325
4.6.15 Pool enclosures, requirements $250 $325
LANDSCAPING
4.6.16 (A) General requirements $100 $175
4.6.16 (B) Applicability $100 $175
4.6.16 (C) Compliance. review $100 $175
4.6.16 (D) Site plan requirements $150 $225
4.6.16 (E) Design standards $100 $175
4.6.16 (F) Irrigation requirements $100 $175
4.6.16 (G) Prohibited species $150 $225
4.6.l6 (H) Minimum requirements
(1) Single Family (new) $ 50 $125
(2) Duplex (new) $ 75 $150
(3) Multi-Family. Commercial,
Industrial (new) $150 $225
(4) Multi-Family. Duplex. Commercial.
and Industrial (existing) $100 $175
(5) Sight distance req'd (ref. sec. 4.6.14) $250 $325
4.6.16 (I) Minimum requirements
(I) General $100 $l75
(2) Pruning/hatracking $200 $275
4.6.17 Soil erosion (all sections) $100 $175
5.1 Subdivision Regulations (all sections) $100 $175
5.3 Right of Way Dedication (all sections) $100 $175
WORK IN PUBLIC RIGHT-OF-WAY
6.3.2 Permit required for work in public right-of-way $100 $175
SIDEWALK CAFE REOUIREMENTS
6.3.3 (A) Permit required $100 $175
6.3.3 (F) Design Guidelines
6.3.3 (F)(I) - (13) Path of egress, no table zones, hours of
operation. cleanliness. etc. $150 $225
19
ORD. NO. 34-06
BUILDING REGULATIONS
7.1.2 Required plans and permit $100 $175
7.1.3 Florida Building Code (all sections) $100 $175
7.1.3 (B)(1)-(4) Florida Building Code Standards $100 $175
7.1.4 Property Maintenances: Building Standards
7.1.4 (C) (1) Buildings $150 $225
(a) (b) Safety $l50 $225
7.1.4 (C)(2) Debris/Storage on partially vacant lot $150 $225
7.1.4 (D)(I) Hurricane precautions
(a) Required canvas awnings,
tents to be removed $150 $225
(b) Construction materials to be secured $250 $325
( c) Outdoor furniture and materials
to be secured $250 $325
7.1.4 (D) (2) (b) Required repairs after hurricane
(unsafe structure) $250 $325
7.1.5 (B) (1) (2) Required numbers on buildings $100 $175
7.1.5 (C) Required display and size of numbers -
visible from street $ 50 $125
7.1.7 Seawalls required to be in good repair $100 $150
ELECTRICAL CODE
7.2.1 (A) (1) (2) Required electrician for work $100 $175
7.2.1 (A) (1) (3) Required sign electrician for work $100 $175
7.2.1 (B) National Elec. Code and National Fire Code
adopted by reference violations $100 $175
7.2.1 (C) Allowing another person to obtain permit or
do work under your license $200 $275
7.2.2 (A) (1) (2)
and (3) Required plans and installation methods $100 $175
7.2.2 (B) Concealing work before final $150 $225
7.2.2 (C) Using non-approved apparatus/fixtures $200 $275
7.2.5 (C) Interfering with enforcement $150 $225
All other Section 7 violations $100 $175
BUILDING MAINTENANCE
7.8.3 Buildings shall be maintained by Owner $100 $175
20
ORD. NO. 34-06
STANDARD HOUSING CODE THROUGH LDR SECTIONS 7.4.1 AND 7.8.3
101.4.1-101.4.4 Repairs required on existing buildings $100 $175
101.6 Maintenance of buildings: safeguards:
owner responsible $100 $175
103.2 Unsafe residential buildings to be repaired or
demolished $250 $325
301 Occupying or allowing occupation of a
substandard building $150 $225
302.1 - 302.4 Required sanitary & plumbing facilities $100 $175
302.5.1 - 302.5.6 Required heating facilities $100 $175
302.6 Required kitchen facilities $100 $175
303.1 Required windows $100 $175
303.2 Required ventilation $100 $175
303.3 Required bathroom ventilation $100 $175
303.4 Required electrical outlets $100 $175
305.1 - 305.23.2 Doors. windows and screen requirements $100 $175
306.1 - 306.4 Minimum space requirements $100 $175
307.1-307.6 Sanitation requirements for multi-family $150 $225
308.1 - 308.7 Rooming house requirements $150 $225
309.1 - 309.6 Dangerous dwellings $250 $325
All other sections of Standard Housing Code
not mentioned $100 $175
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.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
Section 5.
and final reading.
That this ordinance shall become effective immediately upon its passage on second
21
ORD. NO. 34-06
of
PASSED AND ADOPTED in regular session on second and final reading on this the
,2006.
day
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
22
ORD. NO. 34-06
~~(y
o~'
C-c '
34 Boca Raton/Delray Beach News - FridaylSaturday, June 9-10,2006 . www.bocanews.com
100
ANNQUNCEMENTS
101 Lpg-al
~otices
CITY OF DELRAY BEACH,
FLORIDA
NOncE OF P\JBUC HEARING
A PUBLIC HEARING w~ be held 0<1
the following proposed ordinances at
7:00 pm. on TUESDAY. JUNE 20.
2006 Of 'a1 any continuation 01, such
meeting which" is set by the
Commission), in the City Commission
Chambers. 100 NW 1st Av...... Del-
ray Beach, Florida. at which time the
City Commission will consider their
adoption. The proposed ordinances
may be inspected at the OffICe of the
Crty Cieri< a' Crty HaU. 100 N.W. 1st
Avenue. Oelray Beach, Aortda,.- be-
lween the hours of B:OO am. and 5:00
p.m.. Monday through .Friday. except
holidays. An interested' parties are in.
vited to attend and be heaFd with re-
sped 10 lheproposed ordinances.
ORDINANCE NO. 31-(16
AN ORDINANCE OF THE CITY COM.
MISSION OF THE CITY DF DELRAY
BEACH. FLORIDA. AMENDING
CHAPTER 32.. 'DEPARTMENTS,
BOARDS AND COMMISSIONS'. BY
AMENDING SECTION 32.06.
"COMPOSITioN OF BOARDS AND
COMMITTEES; GENER/lLLY; SEC'
TION 32.07. "MEMBERSHIP aUAL.
tACATIONSiREOOREMENTS; AND
SECTION 32.08. 'LENGTH' OF
TERMS; RESmICTIONS". TO PR0-
VIDE THAT MEMBERSHIP OF A
BOARD MAY BE ESTABUSHED BY
RESOLUTION AND TO PERMIT
OTHER CITY BOARD MEMBERS- TO
SIT ON THE UNITY COLLABORA.
TIVE; PROVIDING A SAVING
CLAUSE. A GENERAL REPEALER
CLAUSE. /lND AN EFFECTIVE
DATE.
OIlDINANCE NO. 32-l16
AN ORDINANCE OF THE CITY C0M-
MISSION OF THE 'CITY OF DELflAY
BEACH, flORIDA. REZON~ AND
PLACING LAND PRESENTLY
ZONED MEDIUM DENSITY RESI.
DENTlAL (AM) DISmlCT TO c0M-
MUNITY FACIlITIES (CF) DlSmICT;
101 Legal
Xotices
SAID LAND BEING TWO PARCELS
LOCATED APPROXIMATELY 57
FEET NORTH OF SW 2ND smEET
AND EXTENDING BETWEEN SW
11TH AVENUE AND SW 12TH AVE.
NUE. AS MORE PARTICULARLY DE.
SCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH.
FLORIDA. MARCH 2008' PROVID.
ING A GENERAL REPEALER
CLAUSE. A SAVING CLAUSE. AND
AN EFFECTIVE DATE.
ORDINANCE NO. 34-06
AN ORDINANCE OF THE CITY COM.
MISSION OF THE CITY OF DELRAY
BEACH. FLORIDA. AMENDING'SEC.
TION 37.45. 'SUPPLEMENTAL
CODE ENFORCEMENT PROCE.
DURES'. OF THE COOE OF ORDI.
NANCES BY REPEALING IT IN ITS
ENTIRETY AND ENACTING A NEW
SECTION 3745. 'SUPPLEMENTAL
CODE ENFORCEMENT PROCE.
DURES'; PROVIDING FOR A HEAR.
ING OFFICER TO HEAR CIVIL VIO-
LATION APPEALS; PROVIDING FOR
PENALTIES. IMPOSITION, A.ND
COLLECTION OF LIENS; PROV;D.
ING FOR CIVIL OFFENSES; PRO-
VIDING FOR PAYMENT FOR SER,
VICES AND OUAlIFICATlONS OF
HEARING OFFICERS; PROVIDING
FOR tHE ESTABLISHMENT OF CIV.
IL VIOlATION PROCEDURES; PRO.
VIDING FOR THE ESTABlISHMENT
OF CIVIL PENAlTIES FOR VIOlA.
TlONS; PROVIDING FOR IMPOSI-
TION AND COLLECTION OF CIVIL
PENALTIES; PROVIDING FOR Ap.
PEALS; PROVIDING A SAVING
CLAUSE. A GENERAL REPEALER
CLAUSE: AND AN EFFECTIVE
DATE.
ORDINANCE NO. 3~
AN ORDINANCE OF THE CITY COM.
MISSION OF THE CITY OF DaRAY
BElICH. FlORIDA. AMENDING THE
LAND DEVELOPMENT REGULA.
TIONS OF THE CITY OF DElRAY
BEACH. flORIDA. CHAPTER FOUR
'ZONING REGULATIONS", BY EN.
ACTING A NEW SUBSECTION'
4.3.3{LL). "KIDNEY DIALYSIS CEN.
TERS"; BY ENACTING A NEW SUa-
~ECTION 4.3.3(LLL),
"PHARMACIES"; BY ENACTING A
NEW ~UBSECTION 4.3.3(MM),
"GROCERY STORE~'; BY ENACT.
ING A New SECTION 4.3.3(00),
"MULTIFAMILY RESIDENTIAL
BUIlDINGS EOUIPPED WITH ELE.
VATORS"; BY ENACTING A NEW
SUBSECTION 4':3:3(000)
'CLUBHOUSES AND COUNTRY
CLUBS'. ALL TO PROVIDE THAT
CERTAIN KIDNEY DIALYSIS CEN.
TERS. PHARMACIES. GROCERY
10 1 Legal ~otices
STORES. RESIDENTIAL BUILDINGS
WITH ELEVATORS. CLUBHOUSES
AND COUNTRY CLUBS SHALL PRO-
VIDE AUXILIARY POWER GENERA.
TORS WITHIN SPECIFIED TIME
FRAMES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER
ANO AN EFFECTIVE DATE.
Please. be advised that if a perSon de-
cides to ~al any decimoo Alade by
the euy Commission with respeqt to
an, matter- cOnsidered 8t these hear-
ings_ such person may need to ~ure
that a verbatim record includes the
teslimon{and evidence upon which
the appeal is to pe based. The City
does not provide nor prepare such
reco<<t Pursuant to FS. 286.0105
CITY OF OELRAV BEACH
Chevelle D. 'Nubin
CkyCle<k
PUBUSH: Friday. June 9. 2006
Boca RatonJDelray Beach News
l '
C allot ~tLl"lL>