79-81 ORDINANCE NO. 79-81
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 13, "HEALTH AND SANI-
TATION", ARTICLE II, "NUISANCES ON PROPERTY" OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 13-16, "DESIGNATION OF ENFORCEMENT
OFFICER: NOTICE OF VIOLATION REQUIRED" , TO REQUIRE
NOTICE TO BE GIVEN BY BOTH FIRST CLASS MAIL AND BY PER-
SONAL SERVICE OR POSTING. ON THE PROPERTY; BY AMENDING
SECTION 13-17, "FORM OF NOTICE", TO REFLECT REDUCTIONS
AND CLARIFICATIONS IN THE TIME PERIODS FOR COMPLIANCE,
HEARINGS AND LIENS SET FORTH THEREIN; BY AMENDING SECTION
13-18, "HEARING", TO REDUCE THE TIME PERIOD FOR REQUEST-
ING A HEARING; BY AMENDING SECTION 13-19, "ABATEMENT BY
CITY", TO REDUCE THE TIME PERIODS PERMITTED BEFORE ABATE-
MENT OF NUISANCES BY THE CITY; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida,
is cognizant of problems in the swift and efficient enforcement of the
City's nuisance ordinances; and,
WHEREAS, the City Council of the City of Delray Beach, Florida,
desires to reduce the delays encountered with the time periods currently
set forth in such nuisance abatement ordinances,
NOW, THEREFORE, BE IT' ORDAINED BY THE CITY COUNCIL~OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 13-16, "Designation of enforcement
officer: notice of violation required", of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to read as follows:
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 nuisance exists in accordance with the
standards set forth in said sections on any lands within
the city, he shall forthwith notify the owner of the
property as such ownership appears upon the records of the
county tax assessor. The notice shall be given both 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 e~ee~ ~e~
~e~ee &e ~e~ed ~y ~he ~ee~e~ a~e~es? the city
manager or his designated representative shall cause a
copy of the notice to be served by a city law enforcement
officer 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 by a city law enforcement officer, the
notice shall be given by a physical posting of the notice
on the subject property.
Section 2. That Section 13-17, "Form of notice", of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read
as follows:
The notice required by section 13-16 above shall be in sub-
stantially the following form:
NOTICE OF PUBLIC.NUISANCE
Date
TO:
ADDRESS:
Our records indicate that you are the owner(s) of the follow-
ing property in Delray Beach, Florida:
-(describe property)
You are hereby notified that the City Manager or his desig-
nated representative of the City of Delray Beach, Florida, has on
the day of , 19 , determined that a nuisance
exists 6~ your property in violation of Section of the City
of Delray Beach Code of Ordinances. The nuisance is more parti-
cularly described as follows:
(describe nuisance)
Unless within ~h~y %8~% fifteen (15} days from the date of
this notice ~e~-+9~ (sixty (60) days in the case of violation
of section 13-14 pertaining to seawalls), you correct the above
condition to comply with the. above referred to City Ordinance or
within eweH~y %~9% ten (10) days from the date hereof you file a
written request with the City Manager for a hearing by the City
Council of the City of Delray Beach to review the decision re-
flected herein that a nuisance exists pursuant to Section. ,
the City of Delray Beach will immediately proceed to correct this
condition by abating such nuisance and the cost thereof will be-
come a lien on the above property if not paid within thirty (30)
days after the mailing date of the notice of said assessment. In
addition to such costs the lien will also secure interest begin-
ning on the thirty-first day after the mailing date of the assess-
ment at the rate of 8% plus reasonable attorney's fees, and other
costs of collecting said sums.
CITY OF DELRAY BEACH
By.
Section 3. That Section 13-18, "Hearing", of the Code of Ordi-
nances of the City of Delray Beach, Florida, is hereby amended to read as
follows:
(a) Within ~we~y %~9~ ten (10) days from the date
of the notice of public nuisance provided in section .
13-17, the owner of the property may make a written re-
quest to the city manager for a hearing before the cit~
council for the purpose of contesting the finding of the
city manager or his designated representative that a
condition exists on the subject 'pro. petty which constitutes
a nuisance in accordance with this article.
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(b) The city manager will place the question on the
agenda of a regular city council meeting and notify the
property owner by mail of the date, time and place of such
hearing. At the hearing, the owner and the city admini-
stration may introduce any relevant evidence pertaining to
the question of the existence or nonexistence of the nui-
sance set forth in the notice of public nuisance.
(c} The'city council shall, at the hearing or within
a reasonable time thereafter, render its decision in the
fOrm of a resolution either affirming, modifying or re-
versing the determination of the city manager or his
designated representative.
Section 4. 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:
The city shall, through the city administration or
agents or contractors hired by the city administration,
abate the nuisance reflected in the applicable notice of
public nuisance if:
(a) The property owner has not made a proper written re-
quest for a hearing and the subject nuisance has not
been abated within ~h~ %~ fifteen (15.) days from
the date of notice of public nuisance~e~y %~+
p( 60) days in the case of violation of section
er~akning to seawalls); or
(b) If the property owner has requested and received' a
hearing which resulted in a decision adverse to the
property owner and the property owner has not, within
~ee~ %&~% ~e~ (10) days subsequent to the render-
ing of a decision pertaining to such hearing~e~
%69% (~orty-five (45) days in the case of violation
of section 13-14 pertaining to seawalls), abated the
subject nuisance.
Section 5. That should any section or provision of this ordi-
nance 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 6. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular-session on second and final reading
on this the 8th day of December , 1981.
MAYOR
LEON M. WEEKES
ATTEST:
City Clerk
First Reading November 24, 1981
Second Reading December. 8~ 1981
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