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Ord G-190(06-54) AN ORDINANCE PROVIDING FOR THE VACATION, REMOVAL, REPAIR, OR DEMOLITION OF ANY BUILDING OR STRUCTURE ~HICH IS OR THREATENS TO BE A PUBLIC NUISANCE, DANGEROUS TO THE HEALTH, MORALS, SAFETY, OR GENERAL ]~ELFARE OF THE PEOPLE OF TH~ C~TY OF D~LRAY BFACH, FLORIDA, OR 'WHICH MIGHT TEND TO CONSTITUTE A FIRE MENACE; AND ~0R THE ASSESS- M]ENT OF THE COST OF VACATION, REMOVAL, REPAIR, OR D~OLITION THEREOF AS A ~3NICIPAL LIEN OR ASSESS- MENT AGAINST SUCH PREMISES, AND TO PROVIDE FOR THE RECOVERY OF SUCH COSTS IN AN ACTION AT LAW. WHEREAS, in the City of Del~ay Beach, Florida, there are or may in the future be buildings or structures which are dil- apidated, unsafe, dangerous, unsanitary, a menace to the health, morals, safety, and general welfare or the people of this city, and which might tend to constitute a fire menace, and which a~e a public nuisance; BE IT THEREFORE ORDAINED ~f THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION l: DANGEROUS BUILDIN3 DEFINED. All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings": (a) Those whose interior walls or other vertical structural me~bers list, lean or buckle to such an extent that a plumb line passing through the center of g~avity falls outside of the middle third of its base. (b) Those which, exclusive of the foundation, show thirty-three (33) per cent or more, of damage or deterioration of the supporting member or members, or fifty (50) per c~ t of damage or deterioration of the non-supporting enclosing or outside walls or cove~ing. (c) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used. (d) Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of -2- the occupants or the people of the City of Delray Beach. (e) Those which have become or ~.re so dilapidated, decayed, unsafe, unsanitary, or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein. (f) Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or m~.y live therein. (g) Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of c omuni cation. (h) Those which have parts thereof which are so at- tached thst they may fall and injure members of the public or property. (il Tb~se which because of their condition are unsafe, unsanitary, or dangerous to the health., morals, s~fety or general welfare of the people of this city. (j) Those buildings existing in violation of any pro- vision of th.~ Building Code of this city, or any pro- vision of the fire prevention code, or other ordinances of this city. SECTION II. STANDARDS FOR F~P~IR, VACATION, OR DEMOEIT!0N. The following standards shall be followed in substance by the Building Inspector and the City Council in o~de~lng repair, va- cation, or demolition: (a) If the "dangerous bui~d!.~" can meason~D~y be repaired so that it will no longer exist ~n viol~tion of the ter~s of this ordinance it shall be ordered repaired. (b) If the "d~ger~ms '~ " bui!,~Ang is in such con- ditton as tc make it dangerous to the health, morals, -3- safety, or g~neral wel ~e,~re of its occup~nts it shall be order,~d to be vacat, ed. (c) In any case where a "dangerous building" is 50 per cent damsged or decayed or deteriorated from its orio~nal value or structure, it sh~l be demolished, and In ~]~ cases ~e~ a building cannot be r~a~.red so that !t will no longer ex~t in ~o]at~.~on of the te~s of this ordi~nce it shall be demolished. all cases ~ere a "dangc~us buildi~" ts a fire hazard e~sti~ or erected in violation of the terms of this ordfoance or any ordi~nce of the city or statute of the State of Flor~da, it shall be demolished. SECTION III. D~GEROUS BUZLDINGS - ~ISA~ES. All "d~- gerous buildings" ~thin t~ te~s of Section ~ of t~s ordin~ce a~ he,by declared to be a public n~s~ce, and shall be re- paired, vacated, or demolished as hereinbe~ and hereinafter pro ~ ded. SECTION IV. DUT~S CF ~IL~NG INSPECTOR. The Butldi~ Inspector sha~: (a) Inspect or cause to be inspscted se~-a~lly, all public buil~ngs, schools, halls, chu~hes, theaters, hotels, tenements, co~e~f~, man~act~ing, or loft buildings for t~ purpose oF dete~ining w~t~r any conditions exist w~ch ~der such places a "dangerous buil~" within t~ te~s of Section I of this o~inance. (b) In~ect any ~ilding, wall on st~cture about ~ich c~p!~nts a~ filcd by any person to the effect that a building, wall, or st~c~e is or may be existing tn violation of this ordinance. (c) Inspect any buil~ng, wall, or structure reported (as hereinafter p~vided for) by t~ Fire or Police Depar~ents of this city as p~bably extst~g in ~olation of the te~s t~s ore,nee. (d} Notify ~ writing the owner, occupant, lessee, mortgagee, agent ~d all other p~sons ~vi~ an interest in said b~tldi~ as sho~ by t~ land ~cords of the RecoVer of Deeds -4- of the County of Palm Beach, of any building found by him to be a "dangerous building" within the standards set forth in Section I of this ordinance, that: (1) the owner must vacate, or repair, or demolish said building in accordance with the terms of the notice and this ordinance; (2) the occupant or lessee must vacate said building or may have it repaired in accordance ~ith the notice and r~nain in possession; (3) the mortgagee, agent, or 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 may at his own risk repair, vacate, or demolish said building or have such work or act done; provided, that any person notified under this subsection to repair, vacate, or demolish any building sh~l I be given such r~asonab!e time, not exceeding 30 days, as may be necessary to do, or have done, the work or act required by the notice provided for herein. (e) Set forth in the notice p~ovided for in sub- section (d) hereof, a description of the building or structure deemed unsafe, a statement of the particulars which made the building or structure a "dangerous building" and an order quiring the same to be put in such condition as to comply ~i th the te~ms of this ordinance within such length of time, not exceeding 30 days, as is reasonable. (f) Report to the City Council any non-compliance with the "notice" provided for in subsection (dl and (e) hereof. (g) ~ppear at all he,rings conducted by the City Council, and testify as to the condition of "d~ngerous buildings". (h) Place a notice on all "dangerous building~" reading as follows: "This building has 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 the owner, occupant, lessee, mortgagee, or agent of this building, and all othe~ persons having an interest in said building as shown by the land ~ecords of the Recorde~ of Deeds of the -5- County of Palm Beach. It is unlawful to remove this notice until such notice is complied with". SECTION V. DUTIES OF CITM CO%~IL. The City Council shall: (a) Upon receipt of a report of the Building Inspector as provided for in Section IV, subsection (f) hereof, give written notice to the owner, occu- pant, lessee, mortgagee, agent, 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 to appear before it on t~ date speci- fied in the notice to show cause why the building or structure reported to be a "dangerous building" should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the Building Inspecto~'~s notice provided for herein in Section IV, subsection (o). (b) Hold a hearing and hear such testimony as the Building Inspector or the owner, occupant, mort- gagee, lessee, or any other person having an interest in said building as shown by the land ~ecords of the Recorder of Deeds of the County of Palm Beach, shall offer relative to the "dangerous building". (c) Make written findings of fact from the testimony offered pursuant to subsection (b) as to wa.ether or not the building in question is a "dan- gerous building" within the. terms of Section I hereof. (d) Issue an order based upon findings of fact made pursuant to subsection (c) co,handing the owner, occupant, mortgagee, lessee, agent, 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 to repair, vacate, or demolish any building found to be a "dangerous building" within the teens of this ordinance and provided that any person so notified, except the -6- owners, shall have the privilege of either vacating or repairing said "dangerous building"; or any person not the owner of said "dangere~s building" but having an interest in said building as shown by the land records of the Recorder of Deeds of the County of Palm Beach may demolish said "dangerous building" at his own risk to prevent the acquiring of a lien against the land upon which said "dangerous building" stands by the city as provided in subsection (e) here of. (e) If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in subsection ~d) he~eof, within ten days, the City Council shall cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards hereinbefore pro- vided for in Section II of this ordinance, and sba21 with the assistance of the City Attorney cause the costs of such repair, vacation, or demolition to be charged against the land on w~ntch the building exis- ted as a municipal lien or cause such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner; pro- vided, that in cases where such procedure is desir- able and any delay thereby caused will not be dangerous to the health, morals, safety, or general welfare of the people of this city, the City Council shall notify tbs City Attorney to take legal action to force the owner to make all necessary repairs or demolish the building. (f) Report to the City Attorney the names of all persons not complying with the order provided for in subsection (d) hereof. SECTION VI. VIOLATIONS - PENalTY FOR DISREGD~DING NOTICES -?- OR ORDERS. The owner of any "dangerous building" who shall fail to ccmply with any not, ce or order to repair, vacate, or demolish said building given by any person authorized by this ordinance to give such notice or oder shall be guilty b£ a misdemeanor and upon conviction thereof shall be fined not exceedi~ng five hun- ~red dollars (~500.00) for each offense and a further sum of te~_ dollars (~10. O0) for each and every day such fa~luro to comply contin~s beyond the date fixed for compliance. The occupant or l~ssee in possession who fails to co~p~ly with any notice to vacate and who rs. ils to ~-'epair said building in accordance with any notice given as provided for in this ordin- ance shall be guilty of a misdemeanor and upon conv~ctiorA there- of shall be fiued not exceeding five hundred dollars ($500.00) for each offense and a further sum,, of ten dollars (~10.00) for each and every day such failure to comply continues beyond the date fixed for compliance. Any p~rson removing the nctice provided for in Section IV, subsection (h) hereof shall bc guilty of a misdemeanor and upon conviction shall be fined not exceed_~ng five hundred dollars ($500.00) for each offense. SEOTION %rII. DUTIES 0F THE CITY ATTORNEY. The City Attor- ney shall: (z) Prosecute all persons failing to comply with the ter~s of the notices provided fo~ herein in Section IV, subsections (d) and (®~), and the order provided for In section V, subsection (d). (b) Appear at all he~'ings before t~he City Council in regard to "dangero~ building?. (c) Bring suit to co~_lect all municipal liens, assessments, or costs incurred by the City Council in repairing or causing to be vacated or demolished "dsngerous building s". (d) Take such other legal action as is neces- sary to carry out the terms and provisions of this ordinance. '8- SECTION VIII. AMERGENCY CASES. In cases where it reason- ably appears that there is immediate danger to the life or safety of any person un,.ess a "dangerous building" as defined herein is ~.~m~,d~,~ly repaired, vac~ted, or demolished, the Building In- spector shall report such facts bo the City Council and the City Council ~hall caus~ the immediate repair, vacation, or demolition of such "dangerous building". The costs of such emergency re- p,~.~r, '~ac~ion, cr de_molition of such "dangerous build~Z" shall be co~]le~ted in the same manner am provided in Section V~ sub- section (e) hereof. SECTION IX. ~HE~EE O~q~ER ABSENT ?ROM T~{~ CITY. In cases, except emergency cases~ where th~ owner, occupant, lessee, o~ mortgagee is absent from the city all notices or ~ders provided for he~in shall be sent by registered ~ail to the owner, occu- pant, mortgagee, lessee, and all othe~ persons having an interest in said b~ilding as shown by the land records of the Recorder of Deeds of the County of Palm Bescu, Florida, to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the "d~gerous building" to w~ich it relates. Such mail.lng and posting shall be deep,ed adequate service. SECTICN X. ADMINISTRATIVE [~IABILITY. No officer, agent, or em~ployee of the, City of Delray Beach, s.hall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or perm~itted in the disc~harge of his duties under this ordinance. Any suit brought ~O~ against any officer, agent, or empx ~ee of the City of Delray Beach as a result of any act required or per~tted in the dis- charge of his duties under this ordinance shall be defended by the City Attorney un%~il final determination of the proceedings therein. SECTION XI. DUTIES OF FIRE DEPARTMENT. The employees of the Fire Department shall ms. ko a report ~n writing to the Building Inspector of all buildings or struct~n~es which are, may be, or are suspected to be "dangerous buildings" within the terms of this ardin~nce. Such reports must be delivered to the Building Inspector within 24 hou_~s of the discovery of such buildings by any employee of the Fire Dep~rtment. -9- SECTION XII. DUTIES OF POLICE DEPARTMENT. All employees of the Police Department shall make a report in writing to the Building Inspector of any buildings or structures which are, may be, or are suspected to be "dangerous buildings" within the terms of this ordinance. Such reports must be delivered to the Building Inspector within 24 hours of the discovery of such buildings by any employee of the Police Department. SECTION XIII. SEPARABILITY. It is the intention of the City Council that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this ordinance be declared invalid, all other pro- visions thereof shall remain valid and enforceable. ?~'-~',~ PASSED ~D ADOPTED on second and final reading this day of June, 1954. 1st ~leadii%g 2nd ,leading Passed&Adopted .ATTEST: Affidavit of Publication DELRAY BEACH NEWS Published Weekly Delray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared .~---'__.~2~ ~.21t-.-~M~-- ~ -w~F~- who on olth says tha)~_is__~.~2~-~-,~ __g__~___~:~___2_~_:__~__~____~__~_ of the Delray News, a weekly n~spaper published at Delray Beach in Palm Beach County, Florida; that the attached copy of advertisement, being a in the ~ter o, ...... ~._~¢~:Z~-- in the ............................................................... Court, was published in said newspaper in the issues of Affiant fu~her says that the said Delray Beach News isa newspaper published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been con- tinuously p~lished in said Palm Beach County, Florida, each Friday and has b~en entered as second class mail matter at the post office in Delray Beach, in said Palm Beach County, Flor- ida, for a period of one year next preceding the first publication of the attached copy tisement; and affiant further says tha~ has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication ~ the said newspaper. Sworn and subsemed befo e ,~' day of____~-:~___~_~-..__~ ....................... A. D. ..... ,~_._:_~._~ ...... ~_~ .......... (S~) Nota~ ?ubHc Not~v Pub?i~, Stere of Florida at Ier~ My ~o~mi~on expires ~ 1, 1956.