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67-78 ORDINANCE NO. 67~78~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING ARTICLE II, "UNSAFE BUILDINGS" AND ENACTING A NEW ARTICLE II ENTITLED "ELIMINATION OR REPAIR OF UNSAFE BUILDINGS", SETTING FORTH ITS APPLICATION TO UNSAFE BUILDINGS AS THEREIN DEFINED; DEFINING SPECIFIC WORDS AND PHRASES; PROVIDING COMPLIANCE REQUIREMENTS FOR ALTERATIONS, ADDITIONS AND REPAIRS; DESIGNATING AN ENFORCE- MENT OFFICER AND SETTING FORTH HIS POWERS AND DUTIES; PROVIDING FOR INSPECTIONS, DESIGNATING STANDARDS FOR COMPLIANCE, PROVIDING FOR NOTICE OF NON-COMPLIANCE, NOTICE TO VACATE, POSTING NOTICE OF UNSAFE BUILDINGS; PROVIDING FOR APPEALS TO THE EXISTING BOARD OF ADJUSTMENT, RULES OF PROCEDURE FOR HEARING APPEALS, ALLOWING THE BOARD OF ADJUSTMENT TO APPOINT HEARING EXAMINERS AND TO ISSUE SUBPEONAS, SETTING FORTH A FORM OF NOTICE OF HEARING; PROVIDING FOR RECORDING OF COST OR REPAIR OR DEMOLITION, LIENS, VIOLATIONS AND PENALTIES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, there are existing conflicts and ambiguities within the Delray Beach Code which specifically deals with the subject of unsafe build- ings and also incorporates by reference the Southern Housing Code and the Standard Building Code (with certain amendments) which also include provi- sions on the same subject which appear to be inconsistent; and, i! :. WHEREAS, the Southern Building Code Congress International, Inc., !thas printed a 1977 edition of a Standard Code For The Elimination Or Repair iiOf Unsafe Buildings; and, WHEREAS, it is in the best interest of the City of Delray Beach to i adopt many of the provisions in said Standard Code for the Elimination or Re- ipair of Unsafe Buildings, and to still retain some provisions of our present i Code relating to this subject, and to utilize for this purpose our present !Board of Adjustment; and, WHEREAS, there are many buildings in the City of Delray Beach, Florida, which are presently unsafe, and must be repaired or demolished, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 9, Article II, "Unsafe Buildings" of the Code of Ordinances is hereby repealed and a new Article II is hereby enacted to read as follows: ARTICLE II. ELIMINATION OR REPAIR OF UNSAFE BUILDINGS Sec. 9-7. Application of Article. This article shall apply to all unsafe buildings or structures, as herein defined and shall apply equally to new and existing conditions and shall supersede the provisions of all ordinances pertaining to the eliminationi or repair of unsafe buildings, including those ordinances incorporating by reference the 1976 edition of the Standard Building Code and the 1973 edition of the Southern Standard Housing Code. Sec. 9-8. Article Remedial This article is hereby declared to be remedial and shall be construed to secure the beneficial interests and purposes thereof - which are public safety, health and general welfare - through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction alteration, repair, removal, demolition, use and occupancy of buildings, structures or premises. Sec. 9-9. Alteration, Addition and Repairs All buildings or structures which are to be repaired under the pro- visions of this article shall comply wi~h the following requirements: (a) If, within any twelve (12) month period, alterations or repairs costing in excess of fifty (50) percent of the then physical value of the building are made to an existing build- ing, such building shall be made to conform to the requirements of the Standard Building Code for new buildings. (b) If an existing building is damaged by fire or otherwise in excess of fifty (50) percent of its then physical value before such damage is repaired, it shall be made to conform to the requirements of the Standard Building Code for new buildings. (c) If the cost of such alterations or repairs within any twelve (12) month period or the amount of such damage as referred to in paragraph (b) is more than twenty-five (25) but not more th~n fifty (50) percent of the then physical value of the building, the portions to be altered or repaired shall be made to conform to the requirements of the Standard Building Code for new buildings to such extent as the Building Official may determine. (d) For the purpose of this section, physical value of the build- I ing shall be determined by the Building Official. (e) Repairs and alterations not covered by the preceding paragraphs of this section, restoring a building to its condition previous to damage or deterioration, or altering it in conformity with the provisions of this code or in such manner as will not ex- tend or increase an existing non-conformity or hazard, may be made with the same kind of materials as those of which the building is constructed; but not more than twenty-five (25) percent of the roof covering of a building shall be replaced in any period of twelve (12) months unless the entire roof covering is made to conform with the requirements of the Standard Building Code for new buildings. Sec. 9-10. Maintenance Ail buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the Standard Building Code in a building when erected, altered or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings and structures. - 2 - ORD. NO. 67-78 Sec. 9-11. Enforcement Officer The provision of this article shall be enforced by the Building Official. Sec. 9-12. Restriction on Employees An officer or employee connected with the department shall not have a financial interest in the furnishing of labor, material or appliances for the construction, alteration, demolition, repair or maintenance of a build- ing, or in the making of plans or of specifications therefor, unless he is the owner of such building. Such officer or employee shall not engage in any work which is inconsistent with his duties or with the interests of the department. Sec. 9-13. Records The Building Official shall keep, or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection. Sec. 9-14. Right of Entry (a) The Building Official or his authorized representative may enter any building, structure or premises at all reasonable times to make an inspection or enforce any of the provisions of this article. (b) When entering a building, structure or premise that is occu- pied, the Building Official shall first identify himself, present proper credentials and request entry. If the building structure or premise is unoccupied, he shall first make a rea- sonable effort to locate the owner or other persons having charge of the building and demand entry. If entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry. (c) No person, owner or occupant of any building or premise shall fail, after proper credentials are displayed, to permit entry into any building or onto any property by the Building Official or his authorized agent for the purpose of inspections pursu- ant to this article. Any person violating this section shall be prosecuted in accordance with Sec. 1-6 of the Delray Beach Code. Sec. 9-15. Inspection The Building Official, the Fire Official and other authorized repre~ sentatives are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this article. Sec. 9-16. Requirements Not Covered by This Article Any requirement necessary for the strength or stability of an existing or proposed building or structure, or for the safety or health of the occupants thereof, not specifically covered by this article shall be determined by the Building Official. - 3 - ORD. NO. 67-78 Sec. 9-17. Liability Any officer or employee, or member of the Board of Adjustment charged with the enforcement of this article acting for the City of Delray Beach in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of such act performed by him in the enforcement of any provision of this article shall be defended by the City Attorney of the City of Delray Beach or special counsel retained by the City Council, until the final termination of the proceedings. Sec. 9-18. Reports The Building Official shall annually submit to the City Council a report of the decisions of the Board of Adjustment pertaining to the elimination or repair of unsafe buildings during the preceding year. He shall incorporate in said report a summary of the decisions of the Board of Adjustment during said year. Sec. 9-19. Violations and Penalties Any person, firm, corporation or agent, who shall violate a provi- sion of this article or fail to comply therewith, or with any of the re- quirements thereof, or who shall erect, construct, alter, demolish or move any structure, or has erected, constructed, altered, repaired, moved or demolished a building or structure in violation of a detailed statement or dra~ing submitted and approved thereunder, shall be prosecuted in accordance with Sec. 1-6 of the Delray Beach Code. Each such person shall be deemed guilty of a separate offense for any violation of any of the provisions of this article, and upon conviction of any such violation such person shall be punished as provided in said Sec. 1-6 of the Delray Beach Code. Sec. 9-20. Board Of Adjustment The Board of Adjustment of the City of Delray Beach shall make the final interpretation of the provisions of this article. Sec. ~21. Records The Secretary of the Board of Adjustment shall make a detailed re- cord of its proceedings relating to the elimination or repair of unsafe buildings, which shall set forth the reasons for its decisions the vote of each member participating therein,the absence of a member and any failure of a member to vote. Sec. 9-22. Procedures The Board of Adjustment shall adopt rules and regulations for its own procedures not inconsistent with the provisions of this article. The Board shall meet at regular intervals, to be determined by the Chairman, or in any event, the Board shall meet within ten (10) days after notice of appeal has been received. A member of the Board of Adjustment shall not act in a case in which he has a personal interest. - 4 - ORD. NO. 67-78 Sec. 9-23. Definitions (1) General For the purpose of this article, certain abbre- viations, terms, phrases, words and their derivatives shall be construed as set forth in this section. (2) Tense, Gender and Number Words used in the present tense include the future. Words in the masculine gender include the feminine and neuter. Words in the feminine and neuter gender include the masculine. The singular number includes the plural and the plural number includes the singular. (3) Words Not Defined Words not defined herein shall have the meanings stated in the Standard Building Code, Standard Mechanical Code, Standard Plumbing Code, Standard Gas Code, or Standard Fire Prevention Code, as said Codes have been amended by the City of Delray Beach. Words not defined in the Standard Codes as so amended shall have the meanings stated in the Webster's Seventh New Collegiate Dictionary, as revised. Applicable Governinq Body -- the City of Delray Beach, Florida. Approved -- approved by the Building Official. Buildinq -- any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for fifty (50) percent of its perimeter. The term "building" shall be construed as if followed by the words "or part thereof". (For the purpose of this article each portion of a building separated from other portions by a fire wall shall be con- sidered as a separate building.) Buildinq Official -- is the Chief Building Official who is charged with the administration and enforcement of this article, or his duly authorized representative. Department -- the Building Department charged with the enforcement of this article. Office of the Recorder -- is the Recorder of Deeds of the County of Palm Beach, Florida. Owner -- is any person, agent, firm or corporation having a legal or equitable interest in the property. Structure -- is that which is built or constructed. Unsafe Buildinq -- any building or structure that has any of the following conditions, such as that the life, health, property or safety of the general public or its occupant are endangered: ~ - 5 - ORD. NO. 67-78 (a) Whenever any means of egress or portion thereof is not of adequate size or is not arranged to provide a safe path of travel in case of fire or panic. (b) Whenever any means of egress or portion thereof, such as but not limited to, fire doors, closing devices, fire resistance ratings, are in disrepair or in a dilapidated or non-working condition such that the means of egress could be rendered unsafe in case of fire or panic. (c) Whenever the stress in any material, member or portion thereof, due to all imposed loads including dead load exceeds the working stresses allowed in the Standard Building Code for new buildings. (d) Whenever a building, structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the buildings or structures is less than it was prior to the damage and is less than the minimum requirement established by the Standard Building Code for new buildings. (e) Whenever any exterior appendages or portion of a building or structure is not securely fastened, attached or anchored such that it is capable of resisting wind, seismic or similar loads as required by the Standard Building Code for new buildings. (f) Whenever for any reason a building, structure or portion thereof is manifestly unsafe or unsanitary for the pur- pose for which it is being used. (g) Whenever any building, structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse. (h) Whenever any building, structure or portion thereof has been constructed or maintained in violation of a specific requirement of the Standard Codes or of the city of Delray Beach. (i)' Whenever any building, structure or portion thereof is in such a condition as to constitute a public nuisance. (j) Whenever any building, structure or portion thereof is unsafe, unsanitary or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or, which in relation to exist- ing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsoles- cence or abandonment. Valuation or Value -- as applied to a building, means the estimated cost to replace the building in kind. Codes -- wherever the codes described in Paragraph 3 above, and the Southern Standard ·Housing Code, are used in this Article II, the meaning will be that conveyed by the particula~ code as amended by the City of Delray Beach. ! - 6 - ORD. NO. 67-78 Sec. 9-24. Inspections The Building Official shall inspect or cause to be inspected any building, structure or portion thereof which is or may be unsafe. After the Building Official has inspected or caused to be inspected a building, structure or portion thereof and has determined that such building, structure or portion thereof is unsafe, he shall initiate proceedings to cause the abatement of the unsafe condition by repair, vaca- tion or demolition or combination thereof. sec. 9-25. Notice (a) The Building Official in conjunction with the City Attorney shall cause a title search to be made of the affected property to determine the names of all persons having an interest in the property. The Building Official shall then prepare and issue a notice of unsafe building directed to the owner of record and all persons having an interest in the building or structure. The notice shall contain, but not be limited to, the following informa- tion: 1. The street address and legal description of the buildin~ structure or premise, as disclosed by the title search. 2. A statement indicating the building or structure has been declared unsafe by the Building Official, and a detailed report documenting the conditions determined to have rendered the building or structure unsafe under the provisions of this article. 3. The action required to be taken as determined by the Building Official. (i) If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and the work commenced within sixty (60) days and Continued to completion within such time as the Building Official determines. The notice shall also indicate the degree to which the repairs must comply with the provisions of the Standard Building Code, in accordance with Sec. 9-9 of this article. (ii) If the building or structure is to be vacated, the notice shall indicate the time within which vaca- tion is to be completed. (iii) If the building or structure is to be demolished, the notice shall require that the premises be vacated within sixty (60) days, that all required permits for demolition be secured and that the demolition be'completed within such time as determined reason- able by the Building Official. 4. A statement advising that if the required action is not commenced within or completed by the time specified, the build~ ing will be ordered vacated and posted to prevent further occupancy until the work is completed and the Building Off~iciaI may cause the work to be done and all costs incurred charged against the 'property or the owner of record and a lien placed against the property. - 7 - ORD. NO. 67-78 5. A statement advising that any person having any legal interest in the property may appeal the notice by the Building Official to the Board of Adjustment and that such appeal shall be in writing in the form specified in Sec. 9-29 and shall be filed with the Building Official within thirty (30) days from the date of the notice and that failure to appeal in the time specified will constitute a waiver of all rights to an adminis- trative hearing. (b) The notice and all attachments thereto shall be served upon the owner of record and posted on the property in a conspicuous location. A copy of the notice and all attachments thereto shall also be served on any person determined from official public records to have a legal interest in the property. Failure of the Building Offi- cial to serve any person herein required to be served other than the owner of record shall not invalidate any proceedings hereunder nor shall it relieve any other person served from any obligation imposed on him. (c) The Notice shall be served either personally or by certified or registered mail, postage prepaid, return receipt requested, to each person at the address as it appears on the official public records. If addresses are not available on any person required to be served the notice, the notice addressed to such person shall be mailed to the address of the building or structure involved in the proceedings. The failure of any person to receive notice, other than the owner of record, shall not invalidate any proceedings under this section. Ser- vice by certified or registered mail as herein described shall be effective on the date the notice was received as indicated on the return receipt. (d) Proof of service of the notice shall be by written declaration indicating the date, time and manner in which service was made (and signed by the person served), or by the return receipt when'notice is served by certified or registered mail. Sec. 9-26. Recording of Notice If the notice is not complied with nor an appeal filed within the allotted time, the Building Official shall file in the Office of the Re- corder a certificate describing the property and certifying that the build- ing or structure is unsafe and that the owner of record has been served. This certificate shall remain on file until such time as the conditions rendering the building or structure unsafe have been abated. At such time, the Building Official shall file a new certificate indicating that cor- rective action has been taken and the building or structure is no longer unsafe from that condition. Sec. 9-27. Standards for Compliance The following action shall be taken by the Building Official when ordering the repair, vacation or demolition of an unsafe building or structure. - 8 - ORD. NO. 67-78 1. The building shall be ordered repaired in accordance with the Standard Building Code or demolished at the option of the owner. 2. If the building or structure poses an immediate hazard to life or to the safety of the public, it shall be ordered vacated immediate ly o Sec. 9-28. Notice to Vacate - Posting of Notice Every notice to vacate, in addition to complying with Sec. 9-25, shall be posted at each exit and entrance to the building or structure and shall state; THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be un- lawful for any person, firm or corporation or their agents to remove such notice without written permission of the Building Official, or for any person to enter the building except for the purpose of making the required repairs or of demolishing same. Sec. 9-29. Appeals - Form of Appeal (a) Any person entitled to service in accordance with the provi- visions of Sec. 9-25 may appeal any action of the Building Official under this article to the Board of Adjustment. Such appeal must be filed in writing with the Building Official within thirty (30) days from the date of service and must contain at least the following information: 1. Identification of the building or structure concerned by street address or legal description. 2. A statement identifying the legal interest of each appellant. 3. A statement identifying the specific order or section being appealed. 4. A statement detailing the issues on which the appellant desires to be heard. 5. The legal signature of all appellants and their official mailing address. (b) Upon receipt of an appeal, the Board shall as soon as practi- cable fix a date, time and location for the hearing of the appeal. The hearing date shall not be more than sixty (60) days from the date the appeal was filed with the Building Official. Written notice of the time and location of the hearing shall be delivered personally or mailed to each appellant at the address on the appeal by certified mail, postage prepaid and return receipt requested. (See Sec. 9-33 (4) as to form of notice.) i Sec. 9-30. Failure to Appear Failure of any person to appear at the hearing set in accordance ! with the provisions of this article shall constitute a waiver ~ of his right to an administrative hearing on the notice ! - 9 - ORD. NO. 67-78 Sec. 9-31. Scope of Hearing The hearing shall offer the appellant reasonable opportunity to be heard on only those specific matters or issues raised by the appellant in his appeal. The appellant may appear at the hearing in person or through his attorney or other designated representative. Sec. 9-32. Staying of Notice Under Appeal Except for a vacation order issued in accordance with Section 9-27 enforcement of any notice issued by the Building Official under the provi- sions of this code shall be held in abeyance during the course of an appeal. Sec. 9-33. Rules of Procedure for Hearing Appeals (1) HEARING EXAMINERS The Board itself may conduct the appeals hearing or at its discretion may appoint one or more hearing examiners to conduct the appeals hearings. The examiner shall exercise all powers re- lating to the conduct of hearings until a report is submitted by him to the Board. (2) REPORTING (a) A permanent record shall be made of all hearings and pro- ceedings. The method of recording shall be designated by the Board. (b) A transcript of the proceedings of all hearings shall, upon payment of the prescribed fees, be made available to any person on request. (3) REASONABLE DISPATCH The Board shall proceed with reasonable dispatch to conclude any matter before it, with due regard to the convenience and necessity of the parties involved. (4) FORM OF NOTICE (a) The hearing notice shall include but not be limited to the following information "You are hereby notified that on the day of , 19 , at o'clock, a hearing will be held before THE BOARD OR NAME OF HEARING EXAMINER to consider the appeal from the order of the Building Official regarding property located at . You may choose to be represented by counsel. You may present relevant evidence and will be given an opportunity to cross- examine all witnesses. You may request the issuance of subpoenas to compel witnesses to appear and for the production of other supporting data or documentation by filing a written report therefor with the BOARD OR HEARING EXAMINER ii - 10 - ORD. NO. 67-78 (b) The hearing notice shall be served personally or mailed as required in Section 9-25 (c) at least fifteen (15) days prior to the hearing date. (5) SUBPOENAS The Board or hearing examiners may obtain the issuance and service of subpoenas for the attendance of witnesses or the pro- duction of evidence at the hearings. Subpoenas may be issued upon the request of any member of the Board, the hearing examiner or upon the written request of any party involved in the hearing. Subpoenas shall be issued by the elected Secretary of the Board of Adjustment and Service of the Subpoenas shall be in accordance with established law pertaining to civil actions. (6) FAILURE TO RESPOND TO SUBPOENA Any person who refuses, without legal excuse, to respond to any subpoena lawfully issued and served shall be punished by a fine hereby established in the amount of $250.00 or may be imprisoned for a term not exceeding ninety (90) days or by both, such fine and imprisonment, to be in the discretion of the County Court. (7) PROCEDURES FOR HEARING - HEARING BEFORE BOARD (a) The Board may grant continuance for good cause. (b) When the hearing is scheduled, the Board shall: (I) Hear from the City Administration as to: (A) The notice given and all attachments thereto. (B) Proof of service of notice on owner of record and any person determined from the official public records to have a legal interest in the property. (C) Time of posting and location of notice on building or structure. (D) The notice to vacate, if given, and place and time of posting. (E) The particulars of the defects and conditions determined to have rendered the building or structure unsafe under the provision of this article, with photographs. (F) The recommended corrective action to be taken with costs of such action. (G) Corrective action, if any, undertaken. (II) Hear from other interested parties present(in accordance with Sec. 9-29 and Sec. 9-31). - 11 - ORD. NO. 67-78 (III) Make a finding of fact that the building or struc- ture is or is not in violation of this article and render its decision and/or judgment affirming, disaffirming or modifying the findings of the Building Official. (IV) Direct the city Administration to act in a specific manner according to the findings. (V) Deliver a copy of the Board's decision to appellant either personally or by certified mail, postage prepaid, return receipt required. (c) EVIDENCE (I) Hearing shall not be required to be conducted in accordance with the technical rules relating to evidence and testimony. (II) In any proceedings under this article any member of the Board or the hearing examiner shall have the power to administer oaths and affirma- tions and to certify official acts. (III) Oral evidence shall be taken only on oath or affirmation. (IV) Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. The further use of heresay evidence shall be limited to that which would be admissible in civil court. (V) Relevant evidence shall be admitted if it is the type on which responsible persons are accustomed to rely in the conduct of serious affairs, regardles: of the existence of any common law or statutory rulei which might make improper the admission of such evidence over objection in civil courts. (d) INSPECTIONS The Board or the hearing examiner may inspect any build- ing, structure or premise involved in the appeal during the course of the hearing, provided the following are complied with. 1. Notice of such inspection is given to the parties prior to making the inspection, and 2. the parties are allowed to be present during the inspection, and 3. the inspector shall state for the record, upon completion of the inspection, the facts observed and any conclusions drawn therefrom. - 12 - ORD. NO. 67-78 (e) BOARD MEMBER NOT HEARING EVIDENCE When an appeal is heard before the Board itself, any member who did not hear the evidence presented shall not vote or take part in the decision. (8) PROCEDURE FOR HEARING - HEARING BEFORE EXAMINER (a) When an appeal is heard before an examiner, he shall within a reasonable time, not to exceed thirty (30) days from the date the hearing is closed, submit in writing a report to the Board. Such report shall summarize the evidence! submitted'and considered and state precisely the examiner's findings, conclusions and recommendations. The report shall also contain a proposed decision that may be adopted by the Board. All such reports shall become matters of public re- cord and shall be mailed to each party on the date they are filed with the Board. (b) The Board shall fix a time, date and location to consider: the examiner's report. Such date shall not exceed thirty (30) days from the date of receipt of the hearing examiner's re- port. Each interested party shall be notified by mail at least five (5) days prior to the meeting date by the manner prescribed in Section 9-25(c). (c) Any party may file exceptions to any part or all of the examiner's report. Such exceptions shall be in writing and must be received by the Board at least two (2) days prior to the meeting date. The Board may allow the presentation of oral argument at the meeting. (d) The Board may adopt or reject the hearing examiner's proposed decision in its entirety or in part and may modify the proposed decision. (e) If the proposed decision is not adopted as provided in (d) immediately above, the Board may decide the appeal upon the entire record before it, with or without taking addi- tional evidence; or the case may be referred back to a hearing examiner to take additional evidence. (f) The final decision of the Board shall be in writing and shall contain all findings of fact and detailed requirements to be complied with. A copy of the decision shall be deli- vered to the appellant either personally or by certified mail, postage prepaid, return receipt requested. (g) The effective date of the Board's final decision shall be as stated therein. (9) RECOURSE If the appellant is aggrieved by the decision of the Board of Adjustment, nothing in this article shall be construed to deprive him of seeking redress in the civil or other applicable court. Said appeal must be filed within fifteen (15) days from the effective date of the Board's final decision. - 13 - ORD. NO. 67-78 Sec. 9-34. Implementation. (1) FAILURE TO RESPOND Any person who, after the order of the Building Official or the decision of the Board becomes final, fails or refuses to respond to the direction of such order shall be prosecuted to the extent provided in Sec. 1-6 of the Delray Beach Code. (2) FAILURE TO COMMENCE WORK (a) Whenever the required repair, vacation or demolition is not commenced within thirty (30) days after the effective date of any order, the building, structure or premise shall be posted as follows: UNSAFE BUILDING DO NOT OCCUPY It shall be punishable by law to occupy this build- ing or to remove or deface this~ notice (Sec. 1-6 Delray Beach Code). BUILDING OFFICIAL CITY OF DELRAY BEACH, FLORIDA (b) Subsequent to posting the building, the Building Official may cause the building to be repaired to the extent required to render it safe or if the notice required demoli- tion, to cause the building or structure to be demolished and all debris removed from the premise. The cost of repair or demolition shall constitute a lien on the property and shall be collected in a manner provided by law. (c) Any monies received from the sale of a building or from the demolition thereof, over and above the cost incurred, shall be paid to the owner of record or other persons law- fully entitled thereto. (3) EXTENSION OF TIME The Building Official may approve one or more extensions of time as he may determine to be reasonable to complete the required repair or demolition Such requests for extensions shall be made in writing stating the reasons therefor. If the extensions of time, in total, exceed one hundred twenty (120) days, they must also be approved by the Board which may act without further public hearing. (4) INTERFERENCE No person shall obstruct or interfere with the implementation of any action required by the final notice of the Building Official or the Board. Any person found interfering or obstructing such actions shall be prosecuted to the extent provided for by Sec. 1-6 Delray Beach Code. (5) PERFORMANCE OF WORK The repair or demolition of an unsafe building as required in the notice by the Building Official or the final decision by - 14 - ORD. NO. 67-78 the Board shall be performed in an expeditious and workmanlike manner in accordance with the requirements of this article and all other applicable codes and accepted engineering practice standards. Sec. 9-35. RECOVERY OF COST OF REPAIR OR DEMOLITION-LIENS (1) Whenever the Building Official shall enter upon any parcel of land in order to carry out the provisions of this article, the City Administration is hereby authorized and directed to keep an accurate account of all expenses incurred, and based upon same issue a certificate determining and certifying the reasonable cost involved for such work with respect to each parcel of property. The city administration is also authorized to add to such costs a ten percent (1~) administrative charge to cover the expense of administering the work performed, overhead and other contingent expenses. (2) As soon after such acts as have been directed have been completed, the cost shall be reported by the City Manager to the City Council. Thereupon the City Council shall, by resolution, i assess such cost against the parcel. Such resolution shall describ~ the land and show the cost of removal, repair or demolition actually incurred by the City with reference thereto and the ten percent (1~) administrative expenses. Such assessments shall also include costs of collection and reasonable attorney fees, and the assess- ments shall be legal, valid and binding obligations upon the property against which made until paid. Such resolution shall become effective thirty (30) days from the date of adoption, and the assessment contained therein shall become due and payable thirt~ (30) days after the mailing date of the notice of said assessment, after which interest shall accrue at the rate of six percent (6%) per annum on any unpaid portion. (3) As soon as possible after the effective date of the resolution provided for in the foregoing paragraph, but not before the thirty (30) days after mailing has expired, the clerk shall record a cer- tified copy of such resolution in the office of the clerk of the circuit court in and for Palm Beach County, Florida, and the city clerk shall mail a notice to the record owner of each of the par- cels of land described in the resolution at the last available address for such owner which notice (if there was an appeal to the Board of Adjustment) shall be in substantially the following form: NOTICE Date TO: ADDRESS: PROPERTY: You as the record owner of the property above described, are hereby advised that the Board of Adjustment of the City of Delray Beach, Florida, did on the day of , 19 , after a public hearing of which you were notified, order the removal, repair or demolition of a certain danger existing on the above property, sending you notice thereof, such danger being (here describe briefly). - 15 - ORD. NO. 67-78 A copy of the final decision of the Board of Adjustment has been heretofore delivered to you personally or by certified mail on . Date You have failed to remove, repair or demolish such danger; whereupon it was removed, repaired or demolished by the city at a cost of $. . Such cost has been, by resolution of the city council dated , levied against the above property. BY ORDER OF THE CITY COUNCIL. City Clerk (3) Where there is no appeal to the Board of Adjustment, the above notice shall be changed to be in substantially the following form: NO TI CE Date TO: ADDRESS: PROPERTY: You as the record owner of the property above described, are hereby advised that the Building Official of the City of Delray Beach, Florida, did on the day of , 19 , send you a notice of an unsafe building existing on the above property. The notice further stated that if the required action was not completed by , Date the Building Official may cause the work to be done and all costs incurred charged against the property. This notice also advised you of your right to appeal the notice to the Board of Adjustment within thirty (30) days from the date of the notice. You failed to appeal the notice of the Building Official and you failed to remove, repair or demolish said danger by ; whereupon it was removed, repaired or demo- lished by the City at a cost of $ . Such cost has been, by resolution of the city council dated , levied against the above property. BY ORDER OF THE CITY COUNCIL. City Clerk (4) Such assessments together with interest shall be enforceable by the city as provided by the general and special laws of the state. Section 2. That should any section or provision of this 'ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. - 16 - ORD. NO. 67-78 Section 3. 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 25th day of September , 1978. ATTEST: Clerk First Reading September 11. 1978 Second Reading September 25, 1978 - 17 - ORD. NO. 67-78