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Ordinance No. 03-24ORDINANCE NO.03-24 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AMENDING THE CITY OF DELRAY BEACH CODE OF ORDINANCES,CHAPTER 37,"DELRAY BEACH CODE ENFORCEMENT",TO CREATE A NEW SECTION 37.37 THROUGH 37.39 TO ESTABLISH A CIVIL CITATION PROCEDURE PURSUANT TO FLORIDA STATUTE 162,PART II,AS AN AL TERNA TIVE CODE ENFORCEMENT METHOD;PROVIDING A CONFLICTS CLAUSE,A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS,pursuant to Chapter 162,Florida Statutes,the City Commission of the City of Delray Beach (the City Commission")desires to provide an alternative method of enforcement of its Code of Ordinances by utilizing civil citations;and WHEREAS,Chapter 162,Florida Statutes provides an alternative method of enforcement that authorizes the City to issue citations to a person or property owner when,based upon personal investigation, a code enforcement officer has reasonable cause to believe that a person has committed,or allowed to be committed,upon any property within the City of Delray Beach,Florida,a civil infraction in violation of the City Code of Ordinances;and WHEREAS,the City Commission finds that the utilization of civil citations would provide an alternative and supplemental method of enforcement that is equitable,expeditious,and effective to further promote,protect,and improve the public health,welfare and safety of the residents and public at large. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section 1.The above recitals are true and correct and are hereby incorporated into this Ordinance as if fully restated herein. Section 2.Chapter 37,"Delray Beach Code Enforcement",Section 37.37."Reserved".of the Code of Ordinances of the City of Delray Beach,Florida,shall be amended to read as follows: Chapter 37-DELRAY BEACH CODE ENFORCEMENT. Sec.37.37 RESERVED.AUTHORITY AND PURPOSE. This Section is adopted pursuant to F.S.§§162,Part IL as an alternative method of enforcing the City of Delray Beach Code of Ordinances. Section 3.Chapter 37,"Delray Beach Code Enforcement",Section 37.38,"Reserved"of the Code of Ordinances of the City of Delray Beach,Florida,shall be amended to read as follows: Sec.37.38.RESERVED.CODE ENFORCEMENT CITATION PROCEDURES. (A)Designation of code enforcement officer.For the purpose of this Section,the term "code enforcement officer"shall mean any designated employee or agent of the City of Delray Beach whose duty it is to enforce codes and ordinances enacted by the City,and who has received appropriate training as determined by the City of Delray Beach.This shall include,but not be limited to,code inspectors,fire inspectors,building inspectors,and law enforcement officers.Designation of a code enforcement officer and appropriate training for such officer shall be determined by the City Manager or designee. (D)Citation procedure. (I) (2) (3) Any code enforcement officer is authorized to issue a citation to a person when, based upon personal investigation,the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance of the City of Delray Beach. Prior to issuing a citation,a code enforcement officer shall provide notice to the person that the person has committed a violation of a City code or ordinance and shall establish a reasonable time period within which the person must correct the violation.Such time period shall be no more than 30 days.If,upon personal investigation,a code enforcement officer finds that the person has not corrected the violation within the time period,the code enforcement officer may issue a citation to the person who has committed the violation.A code enforcement officer shall not be required to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health,safety or welfare,if a repeat violation is found or if the violation is irreparable or irreversible. A citation issued by a code enforcement officer shall be in a form prescribed by the City and shall contain: a.The date and time of issuance. 2 ORD.NO.03-24 b. c. d. e. f. g. h. l. L. The name and address of the person to whom the citation is issued. The date and time the civil infraction was committed. The facts constituting reasonable cause. The number or Section of the code or ordinance violated. The name and authority of the code enforcement officer. The procedure for the person to follow in order to pay the civil penalty or to contest the citation. The applicable civil penalty if the person elects to contest the citation. The applicable civil penalty if the person elects not to contest the citation. A conspicuous statement that,if the person fails to pay the civil penalty within the time allowed or fails to appear in court to contest the citation. the person shall be deemed to have waived the right to contest the citation and that.in such case.judgment may be entered against the person for an amount up to the maximum civil penalty. (4) (5) After issuing a citation to an alleged violator.a code enforcement officer shall forward the original and one copy of the citation to the Police Department Records Office for filing with the county court. A citation issued shall be subject to contest before county court.as may be provided by City code and applicable law. (C)Penalties. (1) (2) (3) (4) A violation of a code or an ordinance cited and enforced under the provisions of this Section shall be deemed a civil infraction. The maximum civil penalty shall not exceed $500.00. A civil penalty of less than the maximum civil penalty shall be assessed if the person who has committed the civil infraction does not contest the citation. Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree. punishable as provided in F.S.§775.082 or§775.083. (D)If a person fails to pay the civil penalty or request a hearing to contest the citation.fails to appear to contest the citation when a hearing has been requested.or fails to appear in court as may be required.the court may enter judgment for an amount not to exceed $500.00 per infraction.Upon the request of the City,the court may issue a rule to show cause.which shall require such person to appear before the court to explain why action on the citation has not been taken.If any person who is 3 ORD.NO.03-24 issued such rule fails to appear in response to the court's directive,the person may be held in contempt of court.As an additional remedy,the City may refer cases of violations not paid and not contested within 15 days of issuance to a collection agency for processing,collection,and notification of failure of payment to a collection agent who is registered and in good standing pursuant to F.S.Ch.559. (E)Civil penalties assessed pursuant to this Section are due and payable to the City on the last day of the period allowed for the filing of an administrative hearing before a special master,or if proper appeal is made,when the appeal has been finally decided adversely to the named violator. (F)The provisions of this Section are additional and supplemental means of enforcing City codes or ordinances,adopting a schedule of violations and penalties.Nothing contained in this Section shall prohibit the City of Delray Beach from enforcing its codes or ordinances by other means. Section 4.Chapter 37,"Delray Beach Code Enforcement",Section 37.39,"Reserved"of the Code of Ordinances of the City of Delray Beach,Florida,shall be amended to read as follows: Sec.37.39.-RESERVED.SCHEDULE OF CIVIL PENALTIES. (A)These provisions are enforceable pursuant to the procedures described in this Section and violators of such provisions shall be subject to the following penalties: Code Civil Penalty Code Dese ri pt ion of V io lation Noncontested on testedSection CITY CODE OF ORDINANCES GARBAGE AND TRASH 51.02 Dumping on private property is prohibited 200.00 275.00 51.03 Garbage shall be placed in containers 150.00 225.00 'A)Removal of building materials-Contractor's responsibility (B) 51.20 (A)and (B)Removal of building material from minor home repairs-if meets 100.00 175.00 requirements for trash collection must be bundled. 51.22 [Vegetative waste collection 100.00 175.00 51.23 Bulk trash collection 100.00 175.00 51.3551.40 Required and approved trash containers,roll-offs,maintenance,100.00 175.00placement 5 I .4 I5 I .44 (Garbage preparation:;containers shall be covered;use of containers 50.00 125.00 51.45 Construction and demolition sites and collection of construction and 150.00 225.00demolitiondebris 51.5551 .59 lAshes;Contagious disease refuse and hypodermic needles;Out-of-100.00 175.00townrefuse;Offensive deposits;recycling All other violations of Section 51 100.00 175.00 UTILITIES 4 ORD.NO.03-24 Code Civil Penalty Code Description of Violation Noncontested ContestedSection 52.83(A)Unpermitted installation,removal or bypass of back flow preventer 150.00 250.00 52.83D)Failure to perform required annual certified inspection and 100.00 175.00operationaltestofbackflowpreventer 53.057(E)Failure to properly maintain grease trap and oil water separator 150.00 250.00 ABANDONED PROPERTY JUNK,TRASH AND DEBRIS A)No person shall store wrecked,dismantled,unlicensed or 90.02 (A)and (B)inoperable vehicles or vessels on public property;(B)Procedures for 150.00 225.00 removing abandoned property 90.03 Abandoned property;Exceptions;Notice and procedures 150.00 225.00 90.07 Repair work shall be within enclosed buildings or screened in by wall 150.00 225.00orfence;storage of dismantled vehicles 90.16 Unlawful to operate a junk yard without obtaining required permits 250.00 325.00 All other Section 90 violations 100.00 175.00 ANIMALS 91.18 Unlawful retail sales of dogs and cats;failure to post or falsified 400.00 500.00CertificateofSource 91.20 Running at Large 100.00 175.00 91.22 Prohibiting Dogs in Public Buildings,Places of Business 250.00 325.00 FIRE SAFETY 96.02 Inspections required for all buildings annually 100.00 175.00 96.04 Open burning prohibited on public or private property 200.00 275.00 96.05 Fire hydrants placed in a position to be accessible at all times from a 150.00 225.00pavedroad:Fire hydrant spacing 96.08 Authority to initiate action;Recovery of costs of hazardous substances 100.00 150.00andhazardouswastecleanup 96.16 Adoption ofN.F.P.A.-Any other violation ofN.F.P.A.150.00 225.00 !GARBAGE ON PRIVATE PROPERTY B98.03(A)lNo person shall deposit garbage except in a covered closed receptacle 150.00 225.00 [98.03(B)Existence of exposed garbage shall be prima facie evidence that 150.00 225.00ownerputgarbageonproperty LITTER ON PRIVATE PROPERTY 98.04(A)lNo person shall throw or deposit litter on any occupied private 150.00 D25.00propertv 98.04(B)Existence of litter on property shall be prima facie evidence that 150.00 D25.00ownercausedlittertobeonproperty 98.04(C)Property to remain free of litter 150.00 225.00 LITTER ON BUSINESS 98.05(A)o person occupying a business shall deposit litter into a gutter or 150.00 225.00streetandbusinessesshallbekeptfreeoflitter 5 ORD.NO.03-24 Code Civil Penalty Code Description of Violation Noncontested ContestedSection 98.05(8)Existence of litter around the business shall be prima facie evidence 150.00 225.00hthattheowner/manager caused the litter to be put on premise LITTER IN PUBLIC PLACE 98.06 Unlawful to throw or deposit litter in a public place except in 250.00 325.00receptaclesprovided LITTER ON STREET 98.07(A)[No person shall deposit litter into gutter,street or other public place 250.00 325.00 98.07(8)Existence of I itter on sidewalk,right of way or parking area of 150.00 225.00premisesshalIbeprimafacieevidenceofviolation LITTER ON VACANT LOTS 98.08(A)Unlawful deposit of litter on open or vacant private property 150.00 225.00 98.08(8)Existence of litter on private property shall be prima facie evidence 150.00 225.00thatownerputlitteronpropertv LITTER IN WA TER B98.10 Unlawful to deposit litter in water 150.00 225.00 B98.20 Unlawful to throw or scatter litter on street,sidewalk,alley,public or 150.00 225.00privateproperty [THROWING LITTER FROM VEHICLES 98.21 Unlawful for driver or passenger to throw or deposit litter on any 150.00 225.00street,public place,or private property VEHICLES TRANSPORTING REFUSE OR LOOSE MATERIALS 98.22A)Unlawful to operate a vehicle transporting loose materials without a 200.00 275.00coverthatpreventsblowingordroppingofloosematerials 98.22(C)Collectors of refuse shall use a watertight vehicle with a tight cover to 250.00 325.00preventoffensiveodorsfromescaping 98.23 No person in aircraft shall deposit any litter D250.00 325.00 98.30A)Waste tire dumpster required to register 250.00 325.00 98.30(8)License required for waste tire collection 250.00 325.00 98.30 (C)I)Violation to transport waste tires without license 250.00 325.00 98.30(C)(2)Violation to give false identification 100.00 175.00 98.30(C)(3)Unlawful to subcontract with another person to transport waste tires [00.00 275.00 All other Sections of Chapter 98 100.00 175.00 NOISE CONTROL 99.03 Unlawful for a person to make unreasonably loud,excessive,or 250.00 325.00unnecessarynoise GENERAL REGULATIONS 100.0l(A)(l)Unlawful existence of weeds,undergrowth,brush trash or garbage on 150.00 225.00propertyisapublicnuisanceandprohibited I 00.0 I (A)(2)Existence of weeds,grass,plant life over 12 inches high is a public 150.00 225.00nuisanceandprohibited 6 ORD.NO.03-24 Code Civil Penalty (Code Description of Violation Noncontested ContestedSection I00.0l(A)(3)Unlawful existence of vegetative trash mixed with other refuse 150.00 225.00 I 00.0 I (A)(4)Accumulations of bulky,heavy,unbundled or uncontainerized items 150.00 225.00isapublicnuisanceandprohibited I 00.0 I (B)he existence of vegetation trees and shrubs that impair traffic safety 250.00 325.00isprohibited The existence of any vegetation,trees or shrubs that interferes with I 00.0 l(C)street lights,signs,sidewalks or other public improvements is 200.00 [75.00 lprohibited I 00.0 I (D)The adjoining public right-of-way must be maintained 150.00 225.00 I 00.0 I (E)Pyramid or similar type markers are prohibited;Dome-shaped 150.00 225.00decorativesmaybeplacedinpublicrightofway 100.02 Debris,vegetation,or structure on property which may create a hazard 250.00 325.00intimesofhurricaneshallbecorrected 100.03 Unlawful to accumulate sand,rock,debris,or spoil over 3 feet a on lot 100.00 175.00 I 00.05(A),(B)Unlawful to maintain standing water where mosquitoes may breed 150.00 225.00 I 00.06(A),(B)Unlawful excavation which is in dangerous or unsafe condition;250.00 325.00declaredanuisance Any portion of a lot not covered with a building,structure,parking I 00.07(A)area,or walkway shall be sodded or covered with appropriate ground 100.00 175.00 cover I 00.07(B)All landscape materials shall be maintained in a healthy condition 100.00 175.00 EXTERIOR BUILDING WALLS All building walls shall be maintained in a secure and attractive I 00.08(A)manner.All defective material shall be repaired.All loose materials,100.00 175.00cornices,trim and window frames shall not be deteriorated,shall be structurally sound,and exposed materials shall be painted PETS ON THE BEACH,PARKS OR RECREATIONAL FACILITIES All Sections of Chapter I O I except I O I .27(B)and I O I .36(E)(I)100.00 175.00 No person shall bring into any park or municipal beach site,any cat, I 01.27(B)dog or other animal without a permit from the Parks and Recreation 100.00 175.00 Department I O l.36(E)(I)No person shall bring into any recreational facility any cat,dog,or 100.00 175.00otheranimal STREETS AND SIDEWALKS-CONSTRUCTION,EXCAVATION,AND REPAIR 102.0l(A),(B)Construction in right-of-way (permit required)250.00 325.00 102.17 Construction on street (perm it required)250.00 325.00 102.20 Requirements and conditions for street plans and specifications;250.00 325.00Constructionstandardsforpublier-o-w I 02.40 Regulation of placement for movable news racks 100.00 175.00 I 02.43 News rack standards 100.00 175.00 7 ORD.NO.03-24 Code Civil Penalty Code Description of Violation [Noncontested ContestedSection I 02.44 Moveable fixtures should not be placed in any public r-o-w,paved [50.00 325.00roadorclearzones All other violations of Section I 02 100.00 175.00 LOCAL BUSINESS TAX RECEIPT 110.02 Local Business Tax Receipt required 100.00 175.00 110.08 State license required for any person applying for a receipt to practice 100.00 175.00regulatedprofessions 110.113 Commercial vehicles-Required name (4 inches)to be displayed 100.00 175.00 110.116 Local business tax receipt requests required to have an on-site 75.00 150.00inspection All other violations of Section I I O 100.00 175.00 ALARMS 112.21 Alarm registration required;penalty for failure to register 50.00 125.00 112.23 Alann registration decal shall be posted at front entrance of premises;50.00 125.00Conditionsfordenialofregistration 112.26 verification of alarm;Required response to alarm;alarm user 75.00 150.00responsibility;alarm malfunction 112.27 Multiple malfunction violations (more than 3 false alarms is excessive) I st offense 0.00 0.00 2nd offense 0.00 0.00 3rd offense 0.00 0.00 14th offense 25.00 50.00 All other violations of Section 112 100.00 175.00 HANDBILLS/SOLICITfNG 118.01 Unlawful distribution of handbills 100.00 175.00 MOBILE FOOD TRUCKS Location restrictions and prohibitions;Permit required;Operating 120.01 requirements;Unlawful operation of a mobile food truck shall be 250.00 325.00punishablebyafineofupto$500 or imprisonment not to exceed 60 ldayvs SKATEBOARDING 132.09 Unlawful skateboarding/roller skating on sidewalk along Atlantic 50.00 100.00AvenuebetweenStateRoadA-1-A and 1-95 All other Sections of City Code not mentioned 100.00 175.00 SIGNS /4.6.7 (F)Permits required for signs 100.00 175.00 /4.6.7 (E)2)(a)Sign area,height,setbacks 100.00 175.00 /4.6.7O)Prohibited signs 150.00 225.00 All other violations of Section 4.6.7 100.00 175.00 8 ORD.NO.03-24 Code Civil Penalty Code Description of Violation Noncontested ContestedSection LIGHTING 4.6.10 Off-loading requirements 250.00 325.00 4.6.11 Outside storage of materials,supplies,products,and veh ici es shall 250.00 325.00onlybeallowedifspecifiedinthedistrict Parking and storage of commercial vehicles,boats,trucks,and similar 4.6.13(A)vehicles in a residential district;Prohibitions and restrictions in 250.00 325.00 residential districts 4.6.13(B)Permissible parking 250.00 325.00 4.6.14 Site triangle visibility measurements 250.00 325.00 4.6.15 Enclosures required for private pools 250.00 325.00 LANDSCAPING 4.6.I 6(E)(12)Artificial Turf 250.00 325.00 4.6.I 6(F)Irrigation requirements 150.00 275.00 [4.6.16(G)Prohibited and controlled species 150.00 225.00 [4.6.16(H)Minimum landscape requirements I)Single Family (new)50.00 125.00 2)Duplex (new)75.00 150.00 (3)Multi-Family,Commercial.Industrial (new)150.00 225.00 4)Foundation landscaping requirements 100.00 175.00 (5)special landscape regulations for properties within CBD 250.00 325.00 [4.6.160)Minimum requirements I)General 100.00 175.00 2)Yard management,composting and use of mulches 200.00 275.00 H4.6.19 Tree Preservation,protection,enforcement,and maintenance 250.00 325.00 WORK IN PUBLIC RIGHT-OF-WAY 6.3.2 Permit required for work in public right-of-way 250.00 325.00 SIDE WALK CAFE REQUIREMENTS 6.3.3(B)Permit required for sidewalk cafes 100.00 175.00 6.3.3(F)Use,design,and maintenance guidelines 6.3.3(F)(I)(13)Path of egress,no table zones,hours of operation,cleanliness,etc.150.00 225.00 BUILDING REGULATIONS 7.1.2 Work done by homeowner;Required plans,permit and/or fee 100.00 175.00 7.1.4 Property Maintenances;Building Standards;Hurricane precautions 7.I .4(C)(2)No debris/storage on partially vacant lot or contiguous sidewalk 150.00 225.00 7.I .4(0)(I)Hurricane precautions a)Required canvas awnings,tents to be removed 150.00 225.00 b)Construction materials to be secured 250.00 325.00 c)Outdoor furniture and materials to be secured 250.00 325.00 7.1.4(O)(2)(b)Required repairs after hurricane (unsafe structure);structure must be 250.00 325.00approvedbyBuildingOfficial 9 ORD.NO.03-24 Code Civil Penalty Code Description of Violation Noncontested ContestedSection 7.1.5 Required numbers on buildings;Numbering system identified by the 100.00 175.00CityofDelrayBeachAddressingandStreetNamingManual 50.00 125.00 BUILDING MAINTENANCE 7.8.3 Buildings shall be maintained by Owner 100.00 175.00 (B)Any violation of the Code enforced pursuant to the procedures set forth in this Section that is not provided for above shall be assessed a civil penalty of $100.00. C)I the person who has committed the civil infraction does not contest the citation.and the penalty amount specified above for the subject violation is $500.00.the penalty amount shall be reduced to $450.00. Section5.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. Section 6. hereby repealed. Section 7. That all ordinances or parts of ordinances in conflict herewith be,and the same are Specific authority is hereby given to codify this Ordinance. Section 8. final reading. }I PASSED AND ADOPTED in regular session on second and final reading on this the ~day ofo.2024. That this ordinance shall become effective imm ediately upon passage on second and ATTEST: 2/3o/zag »T 7 second Reading3/3/202¥I I First Reading 10 ORD.NO.03-24 Approved as to form and legal sufficiency: 11 ORD.NO.03-24