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20-82 ORDINANCE NO. 20-82 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13, "HEALTH AND SANITATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTIONS 13-12(b) AND 13-13, AND ENACTING A NEW SECTION 13-13, "WEEDS, TRASH, CERTAIN VEGETATION, ETC. DECLARED A PUBLIC NUISANCE", WHICH DECLARES A PUBLIC NUISANCE THE EXIS- TENCE OF WEEDS, TRASH, GARBAGE, ETC., AND CERTAIN VEGETATION WHICH IMPEDES OR INTERFERES WITH TRAFFIC SAFETY, ON ANY PARCEL OF LAND IN THE CITY, AND REQUIR- ING OWNERS OF SUCH PARCELS OF LAND IN THE CITY TO KEEP THEIR PROPERTY FREE OF SUCH NUISANCES AT THEIR EXPENSE; BY REPEALING SECTION 13-16, AND ENACTING A NEW SECTION 13-16, "DESIGNATION OF ENFORCEMENT OFFICER; NOTICE OF VIOLATION REQUIRED; CONTENT OF SUCH NOTICE", TO PROVIDE FOR THE DESIGNATION OF THE CITY MANAGER OR HIS REPRESENTATIVE AS THE ENFORCEMENT OFFICER, AND TO PROVIDE FOR THE MANNER AND CONTENT OF A NOTICE OF PUBLIC NUISANCE; BY REPEALING SECTION 13-17 AND ENACT- ING A NEW SECTION 13-17, "FORM OF NOTICE", TO PROVIDE FOR THE FORM OF THE NOTICE OF PUBLIC NUISANCE; BY REPEAL- lNG SECTION 13-18 AND ENACTNG A NEW SECTION 13-18, "HEAR- lNG", TO PROVIDE FOR THE RIGHT OF A HEARING BEFORE A THREE (3} PERSON BOARD AND FOR THE ISSUES TO BE DETER- MINED AT SUCH HEARING; BY REPEALING SECTION 13-19 AND ENACTING A NEW SECTION 13-19, "ABATEMENT BY THE CITY", TO PROVIDE FOR ABATEMENT OF THE PUBLIC NUISANCE BY THE CITY IF THE OWNER DOES NOT REQUEST A HEARING AND ABATE THE NUISANCE OR ABATE THE PUBLIC NUISANCE WITHIN FIVE (5) DAYS AFTER AN ADVERSE DECISION OF THE BOARD, AND FOR THE PLACING OF A LIEN FOR THE UNPAID COSTS OF SUCH ABATEMENT, INCLUDING THE COSTS OF INSPECTION AND ADMINISTRATION; BY AMENDING SECTION 13- 20, "ASSESSMENT OF COSTS, INTEREST AND ATTORNEY'S FEES; LIEN", TO INCLUDE COSTS OF INSPECTION AND ADMINISTRA- TION IN THE COST OF ABATEMENT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the proliferation of weeds, garbage, trash, filth and certain vegetation of parcels of land, both improved and unimproved, is injurious to the health, safety and welfare of all the residents and citizens of the City of Delray Beach, Florida and constitutes a public nuisance; and, WHEREAS, the City Council of the City of Delray Beach, Florida, desires to clarify that it is the responsibility of the owners of such property in the City to ensure that such public nuisances are abated; and, WHEREAS, the City Council of the City of Delray Beach, Florida, desires to ensure swift, yet fair, procedures for the abatements of public nuisances within the City without an unfair burden on the taxpayers of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section I. That Section 13-12(b) and Section 13-13 of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same are hereby repealed. Section 2. That a new Section 13-13 of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follows: Sec. 13-13. Weeds, trash, certain vegetation, etc. declared a public nuisance. (a) The existence of weeds, dead or living plant life, undergrowth, brush, trash, filth, garbage, or other refuse on any lot, tract, or parcel of land in the City, whether improved or unimproved, which has caused the proerty to become, or which may reasonably cause the property to become infested, or inhabited by rodents, snakes, vermin or wild animals, or may furnish a breeding place for mosquitoes or threatens the public health, safety or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of other property, is declared to constitute a public nuisance and is hereby prohibited, and every owner of real property in the City has a duty to keep his property free of such nuisance at his expense. (b) The existence of any kind of vegetation, including trees and shrubs, upon any lot, tract, or parcel of land, improved or unimproved, within the City, to the extent that such vegetation impairs or interferes with traffic safety is hereby prohibited and declared to be a public nuisance. Section 3. That Section 13-16 of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed, and a new Section 13-16 is hereby enacted to read as follows: Sec. 1%16. Designation of enforcement officer; Notice of violation required; Content of such notice. (a) The City Manager or his designated representative shall, as often as may be necessary, inspect lands within the City to determine if violations of this article exist. If the City Manager or his designated representative shall determine that a public nuisance exists in accordance with the standards set forth in said sections on any lot, tract, parcel or other real property, within the City, whether improved or unimproved, he shall forthwith notify the owner of the property as such ownership appears upon the last complete records of the county tax assessor. The notice shall be given in writing by first class mail, postage prepaid, which shall be effective and complete when properly addressed as set forth above and deposited in the United States mail with postage prepaid, and shall be considered sufficient notice. In case of multiple or joint ownership, service as herein provided on any one owner shall be sufficient. The personal delivery by the City Manager or his designated representative in lieu of mailing shall be equivalent to mailing. In the event that such mailed notice is returned by the postal authorities, the City Manager or his designated representa- tive shall cause a copy of the notice to be served upon the occupant of the property or upon any agent of the owner thereof. In the event that personal service upon the occupant of the property or upon any agent of the owner thereof cannot be performed after reasonable search, the notice shall be given by a physical posting of the notice on the subject property. (b) The notice provided for in subsection (a), above, shall notify the owner(s) of the land of the following: (1) It has been determined that a public nuisance exists on his land, and what constitutes that nuisance. (2) The owner or owners of the land have fifteen (15) days (forty-five (45) days in the case of violation of Section 13-14 pertaining to seawails) from the date of the notice to remove the condition causing the nuisance from 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. (4) The owner or owners have ten (10) days from the date of mailing of notice to file a written petition to the City Manager or his designee for a hearing before a three (3) 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 (10) days of the date the petition is received by the City Manager. (5) 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. 2 ORD. NO. 20-82 (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 five (5) days (thirty-five (35) days in the case of a violation of Section 13-14 pertaining to seawalls) to correct or remove the conditions, after which the City shall have the right to have the conditions abated at the expense of the property owner. If the owner has not requested a hearing within ten (10) 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 adminsitration, 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 percent (896), plus reasonable attorney's fees and other costs of collecting said sums, without further hearing by the board or City Council. Section 4. That Section 13-17 of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed, and a new Section 13-17 is hereby enacted to read as follows: Sec. 13-17. Form of notice. The notice required by section 13-6 above shall be in substantially the following form: NOTICE OF PUBLIC NUISANCE Date TO: ADDRESS: Our records indicated that you are the owner(s) of the follo~ving property in the City of 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/owners of the above-described property have fifteen (15) days from the date of this notice (forty-five (45) days in the case of a violation of Section 13-14 pertaining to seawalls), to correct or to remove the condition causing the nuisance from the property in order to comply with the above-referred to City Ordinance. If the conditions are not corrected or removed within this time, the City of Delray Beach shall proceed to correct or remove the conditions at the expense of the owner/owners of the property, which expense shall include the costs of inspection and administration. You also have the right, within ten (10) days from the date of this notice, to file a written petition with the City Manager or his representative for a hearing before a three (3) person board composed of the City Manager, the Director of Public V/orks 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. 3 ORD. NO. 20-82 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 five (5) days (thirty-five (35) days in the case of a violation of Section 13-14 pertaining to seawalls) to correct or remove the conditions, after which the City shall have the right to have the conditions abated at the expense of the property owner. If the owner has not requested a hearing within ten (10) 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 adminsitration, 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 percent (896), plus reasonable attorney's fees, and other costs of collecting said sums, without further hearing by the board or City Council. CITY OF DELRAY BEACH, FLORIDA By: Section 5. That Section 1%18 of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed, and a new Section 1%18 is hereby enacted to read as follows: Sec. 1%18. Hearing. (a) The owner/owners of the property shall have the right, within ten (10) days from the date of the notice of public nuisance provided for in this article, to file a written petition with the City Manager or his representative for a hearing before a three (3) 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. (b) 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. Section 6. That Section 1%19 of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed, and a new Section 1%19 is hereby enacted to read as follows: Sec. 13-19. Abatement by city. 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 five (5) days (thirty-five (35) days in the case of a violation of Section 1%14 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 administration, 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, through the City administration or agents or contractors hired by the City administration, 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 alter the mailing of a notice of assessment for such work together with all costs of inspection and adminsitration, 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 percent (8%), plus reasonable attorney's fees and other costs of collecting said sums, without further hearing by the board or City Council. Section 7. That Section 1%20, "Assessment of costs, interest and attorney's feesl lien", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: As soon after the abatement as feasible, the city manager shall report to the city council the cost of such abatement~ including the costs of inspection and administration. Thereafter, the city council shall by resolution assess the cost against the subject parcel. Such resolution shall describe the property assessed, show the cost of the abatement, including costs of inspection and ORD. NO. 20-82 administration~ and indicate that the assessment shall bear interest at the rate of eight per cent (g%) per annum plus, if collection proceedings are necessary, that the property owner would be required to pay the cost of such proceedings including a reasonable attorney's fee. Such resolution shall become effective thirty (30) days from the date of adoption, and the assessment contained therein shah become due and payable thirty (30) days after 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 shall 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 Date TO: ADDRESS: 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~ includin~ costs of inspection and administrationt of . In accordance with City ordinances my office has previously mailed to you a notice of assessment requesting payment. The required payment has not been receivedl therefore, pursuant to City ordinance requirements a 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 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 8. 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 9. That this ordinance shall become effective ten il0) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 23rd day of March ,1982. LEON M. WEEKES ATTEST: First Reading March 9, 1982 Second Reading March 23, 1982 5 ORD. NO. 20-82