71-77 ORDINANCE NO. 71- 7 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15 "HEALTH
AND SANITATION" OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH BY REPEALING SECTIONS 15-2
THROUGH 15-9 AND SECTION 15-12 AND ENACTING IN LIEU
THEREOF NEW SECTIONS 15-2 THROUGH 15-9 AND SECTION 15-12
PROVIDING FOR NUISANCE ABATEMENT, HEARING PROCEDURE,
ENFORCEMENT PROVISIONS AND COLLECTION OF COSTS PROVISION;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, AS FOLLOWS:
Section 1. That Sections 15-2 through 15-9 and Section 15-12 of
the Code of Ordinances is hereby repealed and new Sections 15-2 through
15-9 and Section 15-12 are hereby enacted to read as follows:
SECTION 15-2. Regulations to prevent breeding of mosquitoes.
It shall be unlawful and constitute a nuisance for any person to have,
keep, maintain, cause, or permit within the corporation limits of Delray
Beach, Florida, any collection of standing or flowing water in which
mosquitoes breed or are likely to breed, unless such collection of water
is treated so as effectually to prevent such breeding.
Collections of water in which mosquitoes breed, or are likely to breed,
are those contained in ditches, ponds, pools, excavations, holes, de-
pressions, open cesspools, privy vaults, fountains, cisterns, tanks,
shallow wells, barrels, troughs, urns, cans, boxes, bottles, tubs,
buckets, defective house roof gutters, tanks or flush closets, or other
similar water containers. The natural presence of mosquito larvae in
standing or running water shall be evidence that mosquitoes are breeding
there.
Collections of water in which mosquitoes breed, or are likely to breed,
shall be treated by such one or more of the following methods as shall
be approved by the City Manager or his designated representative.
(a) Screening with wire netting of at least sixteen meshes
to the inch each way, or any other material which will
effectually prevent the ingress or egress of mosquitoes.
(b) Complete emptying every seven days of unscreened containers,
together with their thorough drying or cleaning.
(c) Using a larvicide approved and applied under the direction
of the City Manager or his designated representative.
(d) Covering completely the surface of the water with kerosene,
petroleum, or paraffin oil once every seven days.
(e) Cleaning and keeping sufficiently free of vegetable growth
and other obstructions, and stocking with mosquito destroying
fish.
(f) Filling or draining.
(g) Proper disposal, by removal or destruction, of tin cans, tin
boxes, broken or empty bottles and similar articles likely
to hold water.
SECTION 15-3. Lands to be kept free of debris, vegetation and other
matter constituting hazards; declared nuisance.
(a) All lands in the City shall be kept free from debris, vege-
tation (including trees), or any other matter, which by
reason of height, proximity to neighboring structures,
physical condition, or other peculiar characteristic, might,
in time of hurricane winds prevalent in this region, cause
damage to life or property within the immediate area surrounding
the same The existence of any debris, vegetation or other
matter as shall create such a hazard is hereby declared
to be a nuisance.
(b) All lands in the City shall be kept free from any kind of
trash or filth including specificslly, but without limitation,
any broken tree limbs, leaves or branches, any uncontained
garbage or refuse, or any other type of material which might
conceal pools of water which create breeding grounds for
mosquitoes. The existence of any such trash or filth is hereby
declared to be a nuisance.
SECTION 15-4. Excessive undergrowth and weeds declared nuisance.
The existence of excessive accumulation or untended growth of weeds,
undergrowth or other dead or living plant life upon any lot, tract or
parcel of land, improved or unimproved, within the corporation limits
of Delray Beach, Florida, to the extent and in the manner that such
lot, tract or parcel of land is or may reasonably become infested or
inhabited by rodents, vermin or wild animals, or may furnish a breeding
place for mosquitoes, or threatens or endangers the public health,
safety or welfare, or may reasonably cause disease, or adversely affects
and impairs the economic welfare of adjacent property, is hereby pro-
hibited and declared to be a public nuisance. Further the accumulation
of garbage and trash in violation of Chapter 14A of the Code of Ordinances
of the City of Delray Beach is hereby prohibited and declared to be a
public nuisance.
SECTION 15-5. Designation of enforcement officer; powers and duties.
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 ordinance exist. If the City Manager or his designated repre-
sentative shall determine that a nuisance exists in accordance with the
standards set forth in this ordinance 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 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, except that in the event that suc]
notice is returned by the postal authorities, 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.
- 2 - ORD. NO, 71-77.
SECTION 15-6. Form of notice.
NOTICE OF PUBLIC NUISANCE
Date
ADDRESS:
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 repre-
sentative 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)
Unless within thirty (30) days from the date of this notice, you correct
the above condition to comply with the above referred to City Ordinance
or within twenty (20) 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 reflected herein that a nuisance exists
pursuant to Section . ; the City of Delray Beach will proceed to
correct this condition by abating such nuisance and the cost thereof will
become 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 beginning on the thirty first
(31st) day after the mailing date of the assessment at the rate of 8% plus
reasonable attorney's fees, and other costs of collecting said sums.
CITY OF DELRAY BEACH
By
SECTION 15-7. Hearing.
Within twenty (20) days from the date of the notice of Public Nuisance
provided in Section 15-6, the owner of the property may make a written
request to the City Manager for a hearing before the City Council of the
City of Delray Beach for the purpose of contesting the finding of the
City Manager or his designated representative that a condition exists on
the subject property which constitutes a nuisance in accordance with this
ordinance o
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 Admin-
istration may introduce any relevant evidence pertaining to the question
of the existence or non-existence of the nuisance set forth in the
Notice of Public Nuisance.
The City Council shall, at the hearing or within a reasonable time there-
after, render its decision in the form of a resolution either affirming,
modifying or reversing the determination of the City Manager or his
designated representative.
- 3 - ORD. NO. 71-77
SECTION 15-8. Abatement of Nuisance.
The City shall, through the City Administration or such agents or con-
tractors 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 request
for a hearing and the subject nuisance has not been abated
within thirty (30) days from the date of notice of public
nuisance 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 fifteen (15) days
subsequent to the rendering of a decision pertaining to such
hearing, abated ~the subject nuisance.
SECTION 15-9. Assessment of Costs, lien, interest and attorney's fees.
As soon after the abatement as feasible, the City Manager shall report to
the City Council the cost of such abatement. 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, and indicate that the assessment shall bear interest at the
rate of 8% 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 shall 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 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 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, 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 sub-
stantially the following form:
NOTICE OF LIEN
Date
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 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 received; therefore, pursuant to City ordinance requirements a lien
has been recorded against your property in the form of the attached reso-
lution. 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
- 4 - ORD. NO. 71-77.
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 15-12. Enforcement of Assessment.
The City may enforce the assessment by either an action at law or fore-
closure of the lien provided in Section 15-9, 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 (8) percent fa'om the date of assessment, collection cost and
reasonable attorney's fees.
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
a'ffect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 3. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on this the 14th day
of November , 1977.
ATTEST:
j- City Clerk
First Reading October ~4. 1977
Second Rea,ding Novem. ber 14, 1977
- 5 - ORD. NO. 71-77