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37-65 ORDINANCE NO. 37-65 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH PERTAINING TO THE MAINTENANCE OF SEA ~LLS .WITN/N THE COR- POEATE LIMITS OF THE CITY~ PROVIDING PENALTIES FOR VIOLATION~ SAVINGS CLAUSE! EFFECTIVE DATE:. AND FOR OT~ER PURPOSES. WHEREAS, the City Council, by the Charter of the City of Delray Beach, Florida, has the power to compel the abatement of all nuisances within the City at the expense of the person or persons causing the same, or of the owner or occupant of the grounds or prem- ises whereon same may be~ and WHEREAS, it is deemed essential by the City Council of said municipality that reasonable regulatory requirements be established in connection with the maintenance of sea walls within the corporate limits to minimize the adverse effect that sea walls in a state of disrepair have on the orderly development and aesthetic values of the community as well as the general welfare and property values of the citizens of this City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS= Section 1. It shall be unlawful for any person to have, keep, maintain or permit within the corporate limits of the City of Delray Beach, Florida, any sea wall which will impede the normal flow of boat traffic, or will become hazardous to swimming or other water sports or which presents an unsightly appearance. Section 2. It shall be the duty of the City ~ngineer to periodically inspect the condition of all sea walls in the waters within the City, and should he find any of the same or any portion thereof to be hazardous to the public for safe pedestrian, boating or swimming purposes, or to present an unsightly appearance, the said City Engineer shall so advise the City Manager, who shall submit a survey report at a regular or special council meeting at which time the City Council shall determine whether a nuisance exists. Section 3. If the City Council de~rmin~s,%hata'pri&a.~cie case showing the existence of a nuisance is established, the City Council shall then direct the City Clerk to send a written notice within five days thereafter to the last record owner of each of such parcels of land declared to be a nuisance at the last available ad- dress for such owner, such notice to be in substantially the follow- ing form: NOTICE TO= PROPERTY = You, as the owner of record of the property above described, are hereby notified that the City Council of the City of Delray Beach, Florida, on the. ... .. . ..day of .. . _, 19 , de- termined that a nuisance exists upon ~ch" property caused by (list briefly ~e details). Page 2. ORDI~NCE NO. 37-65. You are hereby notified that you must commence the abatement of this nuisance within thirty (30) days, failing in which the City Council will either cause proceedings to be commenced in Municipal Court for a violation of the City Code or will have the nuisance abated and the cost thereof will be levied as an assessment against such property. BY ORDER OF THE CITY COUNCIL City Clerk Section 4. In the event the property owner or someone in his behalf has not commenced with the abatement of same within the time allowed, and the City Manager decides not to prosecute said owner, the City shall forthwith obtain bids for said abatement and shall submit same to the said property owner by certified mail at least ten (10) days prior to the contemplated improvement. The property owner shall then have five (5) days in which to agree to said improve- ment, selecting the contractor of his choice. Section 5. Upon the failure of the owner of the subject prop- erty, or someone on his behalf to abate said nuisance the City shall have the option of either= (a) The City Council may direct the City Manager to sign an affidavit for a warrant for the arrest of the owner for violation of the Code of Ordinances of the City of Delray Beach, upon conviction of which said owner shall be punished as provided in Section 1-6 thereof, or (b) The City Council may decide to forthwith abate the same, and shall, through its employees, servants, agents or contractors, be authorized to enter upon the property and take such steps as are rea- sonably required to effect abatement. Section 6. As soon after such abatement as feasible, the cost thereof to the City as to each parcel shall be calculated and reported by the City Manager to the City Council. Thereupon the City Council shall, by resolution, assess such cost against such parcel. Such resolution shall describe the land and show the cost of abatement actually incurred by the City with reference thereto. 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 mail- ing 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 thereof. Section ?. As soon as possible after the effective date of the resolution provided for in the foregoing paragraph, 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 ad- dress for such owner which notice shall be in substantially the follow- ing form= Page 3. ORDINANCE NO. 37-65. NOTICE date TO: ADDI~SS: 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 ~., order the abatement of a certain nuisance existing on the above prop- erty, sending you notice thereof, such nuisance being (here describe briefly). A copy of such notice has been heretofore sent you. You failed to abate such nuisance; whereupon it was abated 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 Section 8. Such assessments together with interest shall be enforceable by the City as provided by the general law of the state. Section 9. Should any section or provision of this ordinance or any portion thereof, or any paragraph, sentence or word be declar- ed by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof, other than the part declared to be invalid. PASSED AND ADOPTED this 2~nd day of November, 196~ ATTEST: First Reading Second Reading