75-83 ORDINANCE NO. 75-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING CHAPTER 13, "HEALTH AND SANITATION", ARTICLE
II, "NUISANCES ON PROPERTY", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 13-16(b),
"DESIGNATION OF ENFORCEMENT OFFICER; NOTICE OF VIOLATION
REQUIRED; CONTENT OF SUCH NOTICE", TO REDUCE THE PERMISSIBLE
TIME FOR ABATEMENT OF NUISANCES ON LAND,~TO REDUCE THE PERMIS-
SIBLE TIME PERIOD IN WHICH TO FILE A PETITION TO THE CITY MAN-
AGER FROM TEN (10) TO SEVEN (7) DAYS AND TO INCREASE THE PERMIS-
SIBLE TIME PERIOD TO ABATE A PUBLIC NUISANCE AFTER A DECISION
BY THE NUISANCE ABATEMENT BOARD FROM FIVE (5) TO SEVEN (7) DAY5;
BY AMENDING SECTION 13-17, 'WORM OF NOTICE", TO CONFORM THE
NOTICE OF PUBLIC NUISANCE FORM TO THE TIMES SET FORTH IN
SECTION 13-16 OF THE CODE OF ORDINANCES; BY AMENDING SECTION
13-19, "ABATEMENT BY CITY", TO ADD A NEW SUBSECTION TO PROVIDE
FOR NOTICE TO BE SENT TO A PROPERTY OWNER APPRISING THE OWNER
OF THE ESTIMATED COST OF THE ABATEMENT OF THE NUISANCE AND TO
PROVIDE FOR THE CONTENT OF SUCH NOTICE OF ESTIMATED COST, AND
TO RELETTER THE SUBSECTIONS AND TO MODIFY THE TITLE OF SAID
SECTION 13-19 IN ACCORDANCE THEREWITH; TO REPEAL SECTION 13-20,
"ASSESSMENT OF COST, INTEREST AND-ATTORNEYfS FEES; LIEN"; TO
REPEAL SECTION 13-21, '~NFORCEMENT OF ASSESSMENT"; TO ENACT A
NEW SECTION 13-20 "NUISANCE ABATEMENT BID PROCEDURE", TO PRO-
VIDE FOR THE PROCEDURES FOR 'RECEIVING BIDS FOR THE NUISANCE
ABATEMENT FROM OUTSIDE PERSONS OR ENTITIES; TO ENACT A NEW
SECTION 13-21 '~BID SPECIFICATIONS",' TO PROVIDE FOR THE REQUIRE-
MENTS TO BE INCLUDED IN BID SPECIFICATIONS FOR NUISANCE ABATE-
MENTS; TO ENACT A NEW SECTION 13-22, "AWARD OF CONTRACT", TO SET
FORTH I~IE PROCEDURES AND REQUIREMENTS FOR THE AWARD OF THE
CONTRACT TO THE SUCCESSFUL BIDDER; TO ENACT A NEW SECTION
13-23, "ADVERTISING FOR BIDS", TO PROVIDE THAT BIDS NEED NOT BE
SPECIFICALLY ADVERTISED AND FOR PROCEDURES TO ENSURE COMPE-
TITION; TO ENACT A NEW SECTION 13-2t~, "PROVISIONS PRE-EMPTIVE", TO
PROVIDE THAT THE BIDDING AND CONTRACTING PROVISIONS SET FORTH
IN THIS ARTICLE ARE TO BE PRE-EMPTIVE OF ALL OTHER BIDDING,
PURCHASING OR CONTRACTING PROVISIONS OF THIS CODE FOR THE
PURPOSES OF THE NUISANCE ABATEMENT ARTICLE; TO ENACT A NEW
SECTION 13-25, "ASSESSMENT OF COSTS, INTEREST AND ATTORNEY'S
FEES; LIEN", TO PROVIDE FOR THE ASSESSMENT OF COSTS ABOVE SUCH
ABATEMENT, INCLUDING THE COSTS OF INSPECTION AND ADMINISTRA-
TION, INTEREST AT THE RATE OF EIGHT PER CENT (8%) PER ANNUM, PLUS
COLLECTION COSTS AND A REASONABLE ATTORNEY'S FEE; TO PROVIDE
THAT PAYMENT OF SAID ASSESSMENT BY CITY COUNCIL SHALL BECOME
DUE AND PAYABLE THIRTY (30) DAYS AFTER THE MAILING OF SAID
ASSESSMENT; PROVIDING FOR THE FILING OF A LIEN AGAINST THE
SUB3ECT PROPERTY IF SAID ASSESSMENT IS NOT PAID WITHIN THE
THIRTY .(30) DAYS AFTER THE MAILING DATE OF THE NOT/CE OF ASSESS-
MENT; AND PROVIDING FOR THE FORM OF SAID NOTICE OF LIEN; TO
ENACT A NEW SECTION 13-26 "ENFORCEMENT OF ASSESSMENT", TO
PROVIDE THAT THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN
ACTION AT LAW OR FORECLOSURE OF THE LIEN IN THE MANNER
PROVIDED BY LAW; PROVIDING A SAVING CLAUSE; PROVIDING A GEN-
ERAL REPEALER; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOI.LOWS:
Section 1. That Section 13-I6(b), "Designation of enforcement officer; notice of violation
required; content of such notice", of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended to read as follows:
(b) The notice provided for in subsection (a), above, shall notify the owner(s) of
the land of the following:
(I) It has been determined that a public nuisance exists on his land, and what
constitutes that nuisa)~ce.
(2) The owner or owners of the land shall have ~ff~t~-e~-bg~fourteen (1#) days
t,.v. ..... -~----~ .... t,,,~j,~ forW-two (62) days in the case of violation of section 13-16
pertaining to seawalls) from the date of the notice to remove the condition
causing the nuisance :q'em on the land.
(3) If the conditions are not corrected or removed, the city shall have them
corrected or removed at the expense of the owner or owners, including all
costs of inspection and administration.
The owner or owners have ~ seven (7) days from the date of mailing of
a notice to file a written petition .to the city manager or his designee for a
hearing before a three-person board which shall be composed of the city
manager, the director of public works or the city engineer, and the director
of parks and recreation, or their designees, which hearing shall be held
within ten (I0) days of the date the petition is received by the city manager.
(5) The issues to be determined at said hearing are whether the c. onditions do in
fact exist and why the conditions should not be abated by the city at the
expense of the owner, and the time limits for such abatement. The source
of the condition shall not be a defense against the requirement that the
condition shall be abated by the owner.
(6) If after a hearing the board determines that the conditions which exist on
the property constitute a public nuisance, the owner or owners of the
property shall have an additional f~ee-(-~-seven (7) days (thirty-five (35) days
in the case of a violation of section 13-l& pertaining to seawalls) to correct
or remove the conditions after which the city shall have the right to have
the conditions abated at the expense of the property owner. If the owner
has not requested a hearing within ten (10) days~ the city shall have the right
to have the objectionable condition corrected or removed at the expense of
the owner. Il the city has the condition abated and payment is not received
within thirty (30) days a~ter the mailing of a notice of assessment for the
cost of such work together with all costs of inspection and administration,
the city shall have a lien placed against the proper~y for the cost of the
work, including inspection and administration costs, plus interest at the rate
of eight per cent (g%), plus reasonable attorney's fees and other costs of
collecting said sums, without further hearing by the board or city council.
Section 2. That Section 13-17, '~=orm of notice", of the Code of Ordinances of the City
Delray Beach, Florida~ is hereby amended to read as follows:
Sec. 13-17. Form of notice.
The notice required by'section 13-16 above shall be in substantially the following
form:
NOTICE OF PUBLIC NUISANCE
TO;
ADDRE$$~
Our records indicate that you are the owner(s) of the following property in
Delray Beach Florida~
(describe property)
You are hereby notified that the city manager or his designated representative
of the City of Delray Beach, Florida has on the . day of , 19 ,
determined that a nuisance exists on your Property in violation of section
of the City of Delray Beach Code of Ordinances. The nuisance is
more particularly described as follows:
(describe nuisance)
You, as the owner/<-,wners of the above-described property have
fourteen (1~) days from the date of this notice z'
days in the case of a violation of section 13-1¢ pertaining to seawalls), to correct
or to remove the condition causing the nuisance from the property in order to
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corrected or removed within this time, the City of Delray 6each sha. Ll proceed to
correct or remove the conditions at the expense of the owner/owners of the
property, which expense shall include the costs of inspection and administration.
You also have the right, within ~ seven (7) days from the date of this
notice, to file a written petition with the city mona§er or his representative for
a hearing before a three-person board composed of the city manager, the
director of public works or city engineer, and the director of parks and
recreation, or their designees, which hearing shall be held within ten (10) days of
the date the petition is received by the city manager.
The issues to be determined at said hearing are whether the conditions do'in fact
exist and why the conditions should not be abated by the city at the expense of
the owner, and the time limits for such abatement. The source of the condition
shall not be a defense against the requirement that the condition shall be abated
by the owner.
If after a hearing the board determines that the conditions which exist on the
property constitute a public nuisance, the owner or owners of the property shall
have an additional ~--(-~)-seven (7) days (thirty-five (35) days in the case of a
violation of section 13-16 pertaining to seawalls) to correct or remove the
conditions after which the city shall have the right to have the conditions abated
at the expense of the property owner. If the owner has not requested a hearing
within ~ seven (7) days, the city shall have the right to have the
objectionable condition corrected or removed at the expense of the owner. If
the city has the condition abated and payment is not received within thirty (30)
days after the mailing of a notice of assessment for the cost of such work
together with all costs.of inspection and administration, the city shall have a lien
placed against the property for the cost of the work, including inspection and
administration costs, plus interest at the rate of eight per cent ($%), plus
reasonable attorney's fees, and other costs of collecting said sums, without
further hearing by the board or city council.
CITY OF DEI. RAY BEACH
By:.
Section 3. That Section 13-19, "Abatement by city", of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to read as follows:
Sec. 13-19. Abatement by city; notice of estimated cost.
(a__~) If after a hearing, as provided for in Section 13-18, the board determines that
the conditions which exist on the property constitute a public nuisance, the
owner or owners of the property shall have an additional ~ seven (7)
days (thirty-five (35) days in the case of a violation of Section
pertaining to seawalls to remove or correct the conditions, after which the
city, through the city administration or agents or contractors hired by the
city admi.nistration, shall have the right to have the conditions abated at the
expense of the property owner, if the owner has not requested a hearing
within een-Yrlg~seven (7) days, the city, through the city administration or
agents or contractors hired by the city administration, shall have the right
to have the obiectionable condition corrected or removed at the expense of
the owner. If the city has the condition abated and payment is not received
within thirty (30) days after the mailing of a notice of assessment for such
work together with all costs of inspection and administration, the city shall
have a lien placed against the property for the cost of the work, including
inspection and administration costs, plus interest at the rate of eight per
cent (8%) , plus reasonable attorney's fees and other costs of collecting said
sums, without further hearing by the board or city council.
(b) Seven (7) days prior to the condition bein~ corrected byt or at the cause
the city~ notice shall be sent by first class mailt postaRe prepaidt to. the
owner apprisin~ the owner of the estimated cost of abatement. In the event
the city administration contemplates havin)~ the condition(s) corrected by a
contractort the notice shall contain a list of the prices bid. In the event the
ci.ty administration contemplates havin~ the condition(J) corrected by the
city persor~nel~ the notice shall set forth the estimated charge which will be
incurred. Nothing[ herein shall be construed to prevent the city a.d-
ministration trom exerc,smR lis discretion oi wt~ether to increase or
decr'~ase char~es based on cost or bid 'c~nsidera~i~ns or utilize a means
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o~her Lti~n' ~fi~ uon~e'mpl~ed In' die ~u~l~;er provided ~or" In dll~ scc~lun ko
abate the condition(s) violative of this article.
Section 4. That Section 13-20, "Assessment of costs, interests and attorney's fees;
and a Section 13-21, "Enforcement of assessment", of the Code of Ordinances of the City of Delray
Beach, Florida, are hereby repealed.
Section 5. That a new Section 13-20, "Nuisance abatement bid procedure'*, of the Code of
Ordinances of :he City of Delray Beach, Florida, is hereby enacted to read as follows:
Sec. 13-20. Nuisance abatement bid procedure.
If the city contracts with an outside person or entity to have the nuisance
abated, such contracting shall only be effected pursuant to the provisions of this
article. The city manager or his designee shall compile bid specifications for
each lot upon which the conditions violative of this article have not been
corrected in :he time set forth in Section 13-19 and which the city intends to
remedy by contract. Specifications for various lots shall be made available to
prospective contractors at a place and at regular intervals established by the
city manager or his designee.
Section 6. That a new Section 13-21, 'qSid specifications"~ of the Code of Ordinances of
:he City of Delray Beach, Florida, is hereby enacted to read as follows:
Sec. 13-21. Bid specifications.
(a) The specifications required in Section 13-20 shall 'set forth with specificity
:he work necessary to correct the conditions violative of this article. A
photocopy of a picture of the subject property shall be included in the
specifications.
(b) The specifications shall provide that the prospective contractor is required
to visit the site to review the subject conditions, and that by submitting a
bid :he contractor acknowledges having conducted an on-site review of the
conditions and accepts full responsibility for all work necessary to effect
compliance with this article at the cost submitted as the contractor's bid.
(c) The specifications shall provide that they shall be returned to the city
manager or his designee at a specific time and place, not to exceed ten (10)
days after the availability of bids to prospective contractors. The specifica-
tions shall provide that the work must be commenced and performed by the
contractor within specified periods not to exceed seven (7) days and thirty
(30) days respectivety; (twenty (20) days and ninety (90) days respectively in
the case of a violation of Section 13-14 pertaining to seawalls) except that a
longer period of time for completion may be allowed by the city manager or
his designee upon good cause shown.
(d) The bid specifications shall provide that a bid security in a form satisfactory
to the city manager or his designee in the amount of five per cent (5%) of
the bid amount must be submitted with each bid. The City Manager or his
designee may waive the requirement of bid security. The bond will be
forfeited to :he city as liquidated damages in the event that the contractor
fails to initiate and complete performance as set forth in subsection (c)
herein. The bid specifications shall provide that the contractor acknow-
ledges :hat, because the damages to the city for such failure are difficult to
calculate, the liquidated damages do not constitute a penalty.
(e) The bid specifications shall provide that the contractor must maintain
insurance. The amount and terms of such insurance shall be set forth in the
bid specifications.
(f) The bid specifications shall provide that each person or entity may submit
only one bid, and that any person or entity holding an interest in any person
or entity submitting a bid on a given lot, shall not submit a bid on that same
lot.
(g) The bid specifications shall provide that technical irregularities may be
waived by the city manager or his designee, that all bids may be rejected,
and/or that part(s) of bids or a bid may be accepted and part(s) rejected.
Section 7. That a new Section 13-22, "Award of contract", of the Code of Ordinances of
the City of Delray'B,:ach, Florida, is hereby enacted to read as follows:
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~ec: ig-zz. Awarcl ot contract.
The city manager or his designee shall award t~e contract within three (3) days
of the date the bids are to be returned to the city; provided that the contract
shall not be awarded where fewer than three (3) bids have been submitted,
except for good cause shown. The contract shall be awarded to the lowest
bidder; provided, that in the event the lowest bidder is unable or refuses to
timely perform, the city manager or his designee may award the contract to the
next lowest bidder whose bid is not in excess of ten per cent (10%) more than the
lowest bid.
Section g. That a new Section 13-23, "Advertising of bids", of the Code of Ordinances of
the City of Delray Beach, Florida, is hereby enacted as follows:
Sec. 13-23. Advertising for bids.
It shall not be necessary that each bid or set of bids be specifically advertised;
provided, however, that when it appears to the city manager or his designee that
the bid process is not ensuring competition, the city manager or his designee
shall take measures to ensure that knowledge of the biddin§ and contracting
provided herein is disseminated to the industry. Such measures may include, but
are not limited to, informational mailing to licensed contractors who are, or are
likely to be engaged in land clearing or lot mowing; and general informational
advertising.
Section 9. That a new Section 13-2¢, "Provisions preemptive", of the Code of Ordinances
of the City of Delray Beach, Florida, is hereby enacted as follows:
Sec. 13-2~. Provisions Preemptive.
The bidding and contracting provisiohs set forth in this article are preemptive of
aH bidding, purchasing, and contracting provisions of this code for purposes of
this article.
Section 10. That new Section 13-25, "Assessment of costs, interest and attorney's fees;
lien" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as
follows:
Sec. 13-25. Assessment of costs, interest and attorney's fees; lien.
As soon after the abatement is .feasible, the city manager shah report to the city
council the cost of such abatement, inlcuding the costs of inspection and
administration. Thereafter, the city council shall by resolution assess the cost
against the sub{ecl parcel. Such resolution shaJl describe the property assessed,
show the cost of the abatement, Including costs of inspection and administration,
and indicate that the assessment shall bear lnterst at the rate of eight per cent
(896) per annum plus, if collection proceedings are necessary, that the property
owner would be required to pay the cost of such proceedings includin§ a
reasonable attorney's fee. Such. resolution shall become effective thirty (30)
days from the date of adoption, and the assessment contained therein shall
become due and payable thirty (30) days aiter the mailing date of the notice of
said assessment. In the event that payment has not been received within the
thirty (30) days after the mailing date of the notice of assessment, the city clerk
shah record a certified copy of the resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording the certified
copy of the resolution a lien shall become effective on the subject property
which shall secure the cost of abatement, including costs of inspection and
administration, and collection costs including a reasonable attorney's fee. At the
time the city clerk sends the certified copy of the resolution for recording a
notice shall also be mailed to the property owner in substantially the following
form:
NOTICE OF LIEN
TO:
ADDRESS:
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You are hereby advised that the City of Delray Beach did on or about the
day of , 19, .., abate the nuisance which was found to
exist on your property. The nuisance was abated at a cost, including costs of
inspection and administration, of . in accordance with city ordi-
nances my office has previously mailed to you a notice of assessment requesting
payment. The required payment has not been received; therefore, pursuant to
' city ordinance requirements & lien has been recorded against your property in the
form of the attached resolution. Please take notice that the resolution, in
addition to the original cost of the abatement, requires payment of eight per
cent (8%) interest per annum and the cost of collection including a reasonable
attorney's fee. At such time as the City of Delray Beach has received payment
for such lien, the city manager or his designated representative will execute a
release thereof to remove the lien from your property, the recording cost of
which shall be borne by you.
CITY OF DELRAY BEACH
BY:
City Clerk
Section l 1. That section 13-26, '~Enforcement of assessment", of the Code of Ordinances
of the City of Delray Beach, Florida, is hereby enacted to read as follows:
Sec. 13-26 Enforcement of assessment.
The city may enforce the assessment by either an action at law or foreclosure of
the lien provided in section 13-25, which shall be foreclosed in the same manner
as mortgages are foreclosed under Florida law. In either type of action, the city
shall be entitled to interest at the rate of eight per cent (8%) from the date of
assessment, collection cost and reasonable attorney's fees.
Section 12. 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 13. That all ordinances or parts of ordinances which are in conflict herewith are
hereby repealed.
Section 1¢. That this ordinance-shall become effective ten (10) days after passage on
second and final reading.
- PASSED AND ADOPTED in regular session on second and final reading on this the
22nd day of Nor.ember , 1983.
C
'--~ M A Y 0.~
ATTEST:
- ~ City Clerk '
First Reading November 8 , 1983
Second Reading November 22, 1983
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