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25-71 OR/) INANCE NO. 25- 71. AN ORDINANCE PROVIDING FOR THE VACATION, REMOVAL, REPAIR OR DEMOLITION OF ANY BUILDING OR STRUCTURE WHICH IS, A PUBLIC NUISANCE, DANGEROUS TO THE HEALTH, MORALS, SAFETY OR GENERAL WELFARE OF THE PEOPLE OF THE CITY OF DELRAY BEACH, FLORIDA, OR WHICH MIGHT TEND TO CONSTITUTE A FIRE MENACE OR WHICH IS CONSIDERED ABANDONED; AND FOR THE ASSESS- MENT OF THE COST OF VACATION, REMOVAL, REPAIR OR DEMOLITION THEREOF AS A MUNICIPAL LIEN OR ASSESS- MENT AGAINST SUCH PROPERTY. WHEREAS, there are standards and guide lines established in Southern Housing Code and Southern Standard Building Code controlling the condition of buildings and structures and actions to be taken by the Building Official, and WHEREAS, the City of Delray Beach by Florida Statutes 165.191 of 1969 is authorized to adopt published codes, and by Sec. 7 (13) of its charter can declare and prevent nuisances, and by Sec. 7 (19) of its charter can demolish and remove or put in a state of sound repair buildings and structures, and WHEREAS, it is deemed in the best interest of the City of Delray Beach that a procedure be established for implementing the intent of the above codes and charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. This ordinance setting forth an appeal procedure shall apply to all buildings as soon as posted by the Building Of- ficial and shall supersede all ordinances pertaining to appeals in conflict herewith. SECTION 2. Definitions. (1) Unsafe buildings, dwellings, apartment houses and rooms are as defined in Southern Standard Housing Code. (2) Unfit dwellings are as defined in Southern Standard Housing Code. (3) Unsafe building is as defined in Southern Standard Building Code. (4) Dilapidated, unsanitary and unsafe buildings or structures shall be determined as defined in 1, 2 and 3 above. (5) Nuisance is defined as being detrimental to the health, morals, comfort, safety, convenience or welfare of the inhabitants of the city and shall in- clude, but not be limited to, attractive nuisances; places for unauthorized activity resulting in unsani- tary conditions; places available to or frequented by malefactors or disorderly persons who are not lawful occupants of such structure; the abandonment of any construction or renovation. Page 2. ORDINANCE NO. 25-71. SECTION 3. Duties of Building Official. (1) The Building Official in fulfilling his responsibilities under the Southern Housing Code and Southern Standard Building Code shall immedi- ately, upon his determination that a building or structure needs to be vacated, removed, repaired or demolished, post the following notice on the building or structure; "This building has been found to be a danger- ous building by the Building Official. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given to the owner, occupant, lessee, mortgagee, or agent of this building, and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of the County of Palm Beach. It is unlawful to remove this notice until such notice is complied with." (2) The Building Official in conjunction with the City Attorney shall cause a title search to be made of the affected property. From such search, the Building Official shall cause a letter, by registered or certi- fied mail, to be sent to all persons having an interest in the property. Such notice shall contain the follow- ing information. (a) The names and addresses of all people notified. (b) Location of property and legal description. (c) A statement of particulars of the condi- tions existing with the appropriate code vio- lation including vacating of structure which is the responsibility of landlord or owner. (d) Notification that no later than 20 days after the date of letter, a permit must be obtained to take corrective action. (e) Notification that if no permit is ob- tained a public hearing will be held before city Council following the expiration of 20 days to hear all interested parties who want to show cause why the Building Official's determination should not be followed, and the date that such hearing shall be held. (f) That if the City takes the corrective action, a lien will be placed against the property. (g) That if a permit is not obtained, this letter is notification of the hearing to be held, which the person should attend or be represented by an agent duly authorized in writing. (3) If a hearing is to be held, the City Adminis- tration shall again notify all interested parties of the hearing date by telephone or letter as time permits. (4) At the hearing, the City Administration shall present to Council its findings substantiated by photo- graphs and proof of delivery of notices. (5) In case of an emergency as defined in Southern Housing Code and Southern Standard Building Code, the Building Official may proceed as authorized under South- ern Housing Code or Southern Standard Building Code without a finding by the city Council. Page 3. ORDINAI~CE NO. 25-71. SECTION 4. Duties of City Council. (1) The City Council shall, when the hearing is scheduled: (a) Hear from the City Administration as to: (1) Time of posting notice on building or structure. (2) Time of giving notice to owner, occupant, lessee, mort- gagee, agent or other interested parties. (3) Notification given the inter- ested parties after the expiration of the 20 day notice sent by the Building Official. (4) The particulars of the defects and code violations with photographs. (5) The recommended corrective action to be taken with costs of such action. (6) Corrective action, if any, under- taken. (b) Hear from other interested parties present. (c) Make a finding of fact that the building or structure is or is not in violation and ren- der its judgment affirming, disaffirming or modifying the findings of the Building Official. (d) Direct the city Administration to act in a specific manner according to the findings. SECTION 5. Liens. (1) Whenever the City Administration shall enter upon any parcel of land in order to accomplish the acts directed by Council of an existing violation, pursuant to provisions of this ordinance, the City Administration is hereby author- ized 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 Adminis- tration is also authorized to add to such costs a ten per cent (1~/o) administrative charge to cover the expense of administering the work performed, overhead and other con- tingent expenses. (a) 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, assess such cost against the parcel. Such resolution shall describe the land and show the cost of removal, repair or demolition actually incurred by the city with reference thereto and the ten per cent (1~/o) administrative expenses. Such assessments 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 thirty (30) days after the mailing date of the notice of said assessment, after which interest shall accrue at the rate of six per cent per annum on any unpaid portion. Page 4. ORDINANCE NO. 25-71. (2) As soon as possible after the effective date of the resolution provided for in the foregoing para- graph, but not before the 30 days after mailing has expired, the clerk shall record a certified 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 parcels of land described in the resolution at the last available address for such owner which notice shall be in substantially the following fo rm: NOTICE Date TO: ADDRESS: PROPERTY: You as the record owner of the property above described, are hereby advised that the city council 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). A copy of such notice has been heretofore sent you by the Building Official on . You 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) Such assessments together with interest shall be enforceable by the city as provided by the general and special laws of the state. SECTION 6. Authority to Codify. This ordinance may be codified and incorporated into the city's existing code. SECTION 7. Separability. Should any section or provision of this ordinance or any portion thereof, or any paragraph, sen- tence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the re- mainder hereof as a whole or any part hereof, other than the part declared to be invalid. PASSED AND ADOPTED in regular session on the second and final reading on this 13th day of September , 1971. ATTEST: M A y O R City Clerk ~ First Reading August 23, 1971. Second Reading September 13, 1971. An ordinance providing for the vacation, removal, repair or demolition of any building or structure which is, or threatens to be, a public nuisance, DELRAY BEACH NEWS JOURNAL Published Weekly Delray Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned au[hori[y personally appeared ..... ..~..a...~..y.......L.~......~_.o...o...d.~..~. .............. who on oa~h says that he/s~ is ..I~-.Ii~]J.S~ ..................................... of The Delrsy Beach News~Journal, a weekly newspaper published aP Delray Beach in Palm Beach Country, Flor- icl~; that the at~ached copy of advertisement, being a ...0...~....d......~..a..P.~.~..o...n.......~...~..~..'...7...~.. .......... in the mat~er of P.z.o.z±.dLncj...£.o.n...tk~....Vacat±ar~,...Romo.¥al....~.c....o.n...~ld~ in the ...................................................................... Cour[, was published in said newspaper in the ~,,~, o~ .............. .A..u.~m at....2..6.....&......S..ep..te~he ~....2.,....1.9Y..1 .............................................. Affiant further says that the said Delray Beach News-Journal is a newspaper published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, each week and has been entered as second class mail matter at the pa~t office in De]ray Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, ¢omm~ion or refund o~ securing this for the purpose advertisement for publica~f,i~/~_ the said newspaper. are as defined in Southern Standard Housing Code. Sec. 2. Unfit dwellings are a.s defined in Southern Standard Housing Cod e. Sec. 3. Unsafe building is as defined in Southern Standard Building Code. Sec. 4. Dilapidated, unsanitary and unsafe buildings or structures shall be determined as defined in 1, 2 and 3 above. Sec. 5. Nuisance is defined as being detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the City and shall include, but not be limited to, attractive nuisances; places for unauthorized activity resulting in unsanitary conditions; places available to or frequented by malefactors or disorderly persons who are not lawful occupants of such structure; the abandonment of any construction or renovation. II. Duties of Building Inspector Sec. 1. The ]Building Official in fulfilling his responsibilities und er the Southern Housing C od e and Southern Stand ard Building C od e s hall immediately, upon his determination that a building or structure needs to be vacated, removed, repaired or demolished, post the following notice on the building or structure: "This building h[~s been found to be a dangerous building by the Building Inspector. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given to the owner~ occupant, lessee, mortgagee, or agent of this building, and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of the County of Palm Beach. It is ~ unlawful to remove this notice until such notice is complied with." Sec. 2. The Building Official in conjunction with the City Attorney shall cause atitle search to be made of the affected property. From such search, the Building Official shall cause a letter, by registered or certified mail, to be sent to all persons having an interest in the property. Such notice shall contain: (a) The names and addresses of all people notified. (b) Location of property and legal description. (c) Set forth a statement of particulars of the conditions existing with the appropriate code violation. (d) That no later than 20 days after the date of letter, a permit must be obtained to take corrective action. (e) That if no permit is obtained or appeal filed, a public hearing will be held before City Council at the first council meeting following the expiration of 20 days to hear all interested parties who want to show cause why the Building Official's determination should not be followed. (f) That if the City takes the corrective action, a lien will be placed against the property. (g) That if a permi~ is not obtained, this letter is notification -2- of the hearing to be held, which the person should attend or be represented by agent duly authorized. Sec. 3. If a hearing is to be held, the City Clerk shall again notify all interested parties of the hearing date by telephone or letter as time permits. Sec. 4. At the hearing, the Building Official shall present to Council his findings substantiated by photographs and proof of delivery of notices. Sec. 5. 'In case of an emergency as defined in Southern Housing Code and Southern Standard Building Code, the Building Official may proceed as authorized under Southern Housing Cod e or Southern Standard Building Cod e without a finding by the City Council. III. Duties of City Council sec. 5. The City Council shall, when the hearing is scheduled: (a) Hear from the Building Inspector as to: (1) Time of posting notice on building or structure. (2) Notice to owner, occupant, lessee, mortgagee, agent or other interested parties. (3) The particulars of the defects and code violations with photographs. (4) The recommended corrective action to be taken with costs of such action. (5) Corrective action, if any, undertaken. (b) Hear from the City Clerk as to notification given the interested parties after the expiration of the 20 day notice sent by the Building Official. (c) Hear from other interested parties present. (d) Make a finding of fact that the building or structure is or is not in violation and render its judgment affirming, disaffirming or modifying the findings of the Building Official. (e) Direct the City Administration to act in a specific manner according to the judgment. III. Liens Sec. 6. Whenever the City Administration shall enter upon any ed parcel of land in order to accomplish the acts direct/by Council of an existing violation, pursuant to provisions of this ordinance, 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 per cent (10%) administrative charge to cover the expense of administering the work performed, overhead and other contingent expenses. (a) 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, assess such cost against the parcel. Such resolution shall describe the land and show the cost of removal, repair or demolition actually incurred by the City with reference thereto and the ten per cent (10%) administrative expenses. Such assessments 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 thirty (30) days after the mailing date of the notice of said assessment, after which interest shall accrue at the rate of six per cent per annum on any unpaid portion. Sec. 7. As soon as possible after the effective date of the resolution provided for in the foregoing paragraph, but not before the 30 days after mailing has expired, the clerk shall record a certified 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 parcels of land described in the resolution at the last available address for such owner which notice shall be in substantially the following form: -4- NOTICE Date TO: ADDR ESS: PROPERTY: You as the record owner of the property above described, are hereby advised that the city council 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 dernolition of a certain danger existing on the above property, sending you notice thereof, such danger being (here describe briefly). A copy of~ such notice has been heretofore sent you by the ]Building Official on . You 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 Sec. 8. Such assessments together with interest shall be enforceable by the city as provided by the general law of the state. -5-