Ord G-147(17-52) AN ORDINANCE OF ~ C~TY OF DELRAY HEACH, FLORIDA, ~E-
QUIRI~IG ALL LA~S IN TRE CITY TO BE E~.~PT F~EE FROM DEBSJ~,
VEGETATION (INCLUDING T~S) OR ANY OTHER MATTER
MIGHT ~C01~ A DANGER IN TIME OF HURRICANE, AND DECLAP~NG
THE EXISTENCE OF AI~ SUCH MATERIAL TO BE A
~EQ~RING ALL LA~ES TO ~E KEPT ~ FROM WEEDS OF A HEIST
EXCEEPlNG 18 INCHES AND DEFINDIG WEEDS, A~ DECLARING THE
SAME TO BE A NUISAN~E$ ~EQUIRING ALL LANDS TO BE KEPT FREE
FR~ TRASH OR FILTH AND ~ECLARING THE SAME TO BE A NUISAN~
MAKING I~0ViSION FOR SURVEYS DESCRIBING A~PI PARCELS OF LAND
IN T}~ CITY ~IN SUCH NUISANCES EXIST, AND THE ACTION TO
BE TAi~N DY T~ CITY COUNCIL UPON RECEIPT O~ SUOH SURVEY~$
MAK]2~G PROV~SION FOR ~ ABATI2C~;T OF SUCH NUISANCES, THE
PHOC!~UEE TO GOVERN T~ SAME~ ~J,~) GOVEP~ING THE ASSESSM?.NT
OF ~TE~MT COSTS AGAR, ST ~.~ LAND~! PROVIDING FOR THE
EQUALIZATION OF SUCH ASEES~NTS: THE MET~E)D OF PAYMENT OF
THE SAME INCLBV~ING INTEREST ~EREON AND ~ANS FOR E~"ORCING
SUCH ASS~,SS~TS; REPEALING ~LL ORDISL~$CES OR PARTS OF
ONDINA~CES IN CONFLICT HF~w~JITH~ A~ FOR OTHER PURPOSE~.
BE IT, A~ IT IS ~-~B~BY OP~)AI~,~D BY TP~ CITY COUNOIL OF ~.
CITY OF DELRAY BEACH, FLORIDA:
SECTION ~.~ LANDS TO BE KEPT FREE FROM DEBRIS, VE~TATION AND
UE~R t.~TTER OCCASIONING HURPICAt{E ~L~RD~. All lands in the City shall be
kept free from debris, vegetation (includLug trees), or any other matter,
which h? r~ason of height, pro~ity to neighboring st~actures, physical
condition, or other ?mcu]_iar c}mracteristic, r~ijht, in time of hurricane
winds -~rcvalent in this region, cause damage to life or property ~.~ithin the
immediate area s~urro~mding the same. The e:~istence of .;ny debris, vegetation
or other matter as s}mll create such a haz~rd is here~I declared to be a
~ttiSa~ce.
~CTION 2: LANDS TO ~2E EEPT FREE FRC~ MEEDS. Ail lands in the
City shall be kept free from weeds of a hei~?t exceedLug 18 inches. T~e
~ord 'weeds' as used herein shall be held to include all rank ve~etoble gro~h
wh 'ch exhale obnoxious or unpleasant odors, or Mhich might be a source of
disease or physical distress to htman beings, and the ~mrd shall also be
deemed to include aL1 high and rar~ vegetable growth that may conceal pools of
Mater, trash, filth or any other deposits which rosy be detrimental to health.
The existence of any such Meeds is here~y declared to be a nuisance.
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~OTION 3. LAkrDS TO BE. KEPT F~EE FROM TRASH OR FILTH. Ail
lands in the City shall be kept free from any kind of trash or filth including
specLfically, but %rtthout 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, create breeding grounds for mosquitoes
or which might be otherwise detrimental to the health or safety of the
iruhabitants of the cit~. The existance of any such trash or filth is hereby
declared to be a nuisance.
SECTION 4. SURVEY OF L~/~)S. Periodically, the Chief of Police
and/or the Fire Chief shall make a survey report in ~riting to the City Manager
describing any lots or ~arcels of ~nd in the City wherein conditions such as
specified in Sections 1, 2, and 3, above of this ordin~nce shall exist. Such
report shall be delivered to the Cit~~' Attorney who, shall, after search,
Lndicate after each parcel, the name of the owner of record. ThereuDon, the
City M~na~er shall submit such survey report to the City Cou~ucil.
~E.CTION 5. ACTION BY_ CITY C~)UNCIL ON SUCH SURVEY; NOTICE TO
O~ER. The City Council sSaLl consider each survey report at a regular meet-
lng and shall be ~uthorized to hear such sup~orttng data as it may recp,~t~e of
the Ohief of Police or Fire Chief in order to deterrdne ~hether or not a
nuisance does exist; and, if, ~_u the opinion of the City Council, a prima facie
case showing the existence of such a nuisance is established, the City
Co~uucil shall then adopt a resolution to that effect, therein directing that
the City Clerk send a ~ritten notice within five days thereafter to the
last record owner of e~ch of such parcels of land ~t the last available
address for such owner, such notice to be in substantially the following
form:
TO:
PROPERTY:
¥~u, as the o~ner of record of the property above described, are
hereby notified that by resolution of the City Council of the City of Delray
Beach, Florida, adopted on ....... ~ ............. , it has been determined
~y the City Council that a nuisance sts upon such property caused by (list
briefly the details).
You are hereby notified theft on the: _. day of__. : . : ,
19 at o ' clock .. M., at
the city C°~il ~ meet at which time you will be given. an' op~rtuni~, .............
personally or by agent or counsel, to show orally or in writing wby such nuisance
should not be abated.
You are advised that ii' the City Council shall order the abatement
of such nuisance, you will be allo~ed 30 days within which to effect the same,
failing in which the City Council will have it done, and the cost thereof ~ill
be levied as an assessment against such property.
BY OPd~g..R OF THU~ CITY COUNCIL.
City Clerk
~0TIDN 6. HEARING BY CITY COUNCIL, DECISION THAT ~UISANCE BE
ABATED. At the hearing provided for in such notice~ or at any adjourned
session thereof~ any of such owners may show all pertinent or material reasons
or facts as to why the preltminar? finding of the City Council as to the
eristence of such a nuisance should not be amended or altered, or why the abate-
ment of such nuisance should not be required, all at the cost of the owner.
The City Co~_~nctl shall consider any such reasons or facts presented ~; the
o~.~er or any other ~uateri~l or pertinent evidence that .uay be adduced by the
Chief of Police or Fire Chief, rendering its decision as soon after the con-
clusion of such hearing as possible. Sk~ch decision may be in the form of a
resolution describing the land, the owner, the nat%~e of the nuisance, a~. the
fact that unless abated by the o~,.~er ~thin thirty days~ the City ~.Jill abate
the nuisance and levy the cost of such work as an assessment against the
propert~y in question. The Clerk shall send ~ copy of m~ch decision to the
record o~,ners of the several parcels affected there~ at their last available
address within ten days after such decision.
~iQN ?~ TIME I~ITHIN ~HICH O~R ~ST ABATE N~IS~2~CE. In the
case of any items of property as to which the decision requires abatement, if
the property owner or someone in his bel all ~s not abated the nz~isance within
30 days from the date of such mailing ~ the Clerk, the City ~hall fort?_with
abate the same and shall, t!zrough its employees, servants, agents or con-
tractors, be authorized to enter ~on the property and take such steps as are
reasonably required to effect abatement.
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~ECTION 8. ASSESSMENT OF ABATEMENT COSTS AGAINST LA~. As
soon after su~ abatement as feasible, the cost thereof to the City as to
each parcel slmll 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 ~all describe the land, the cost of
abatement actually incurred by the City with re~rence thereto.
~CTION9, NOTICE_~ TO O%~R OF ASEESS~NT A~) EQUALIZATION
MEdiaTING. As soon as possible after the adoption 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 t~e
record owner of each of the p~rcels of land described in the resolution at the
last available address for such o~mer which notice shall he in substantially
the following~ form:
~OTICE
Da-te ..........
PROPERTY:
You, as the record o~ner of the property above described, are
hereby advised that, after due notice to the owner, the City Council of the
City of Delray Beach, Florida, did by resolution on the day of ,
19~ order the abatement of a certain nuisance exist~u'g on '~the above
propertY, such nuisance being (here describe briefly).
A copy of such resolution has been heretofore sent you.
You failed to cbate such nuisance whereupon it was abated by
the City at a cost of $. . Such cost has been, by resolution
of the City Council d~ted~ ~ , levied against the above
property.
You are advised that on the day of
at._____o'clo~~.~E., the City Council' wi/i sit asa-~ear4 ef equalization
at , ~lray Beach_, Florida, to hear and consider any and
a~ c°mpl~ints' as to such assessment you or any other person may desire to make.
...... Ci~ Clerk -'
~QTION 10. EQUALIZATION OF ASSES~T$ PA!q~NT OF ASSESSmeNT;
I~I~REST ON SAME. Upon the time and place named in the notice provided for
in the foregoing section, the 0ity Co~ucil shall mee~ as an eq,,~l_izing board to
~'~ear and consider any and all conplaints as to such assessments, and shall
adjust ~nd equalize the sane on ~ basis of justice and right, and ~hen so
equalized and approved, such assessments s~lt stand confirmed~ and remain
leg~ valid, and binding obligat~ons, upon the property against which ~de
until paid. Such assessments shall be ~yable at once upon equalizing and
shall draw interest from th~tdate at 6% until paid.
~ECTION ll. ENFORC~;~T 0F ASSESgMENT~. Such assessments together
with interest s~mll be enforceable by the City as provided by the general law
of the State..
SEC~I.0N .12, gEVEP~B1X~ITY. If any ~ of this ordinance shall
be declared invalid, the remainder shall remain in full force and virtue, it
being the intention of the City Council that any such invalid portion shall be
elimdm~uted and the remsinder of the ord~n~ance unaffected thereby.
~ Ail ordinances or Darts of ordinances in conflict
herewith be, and the same are, hereby repealed.
! 'City~ Clerk ·
FIRST ~ADING: . 3eptember 22, 1952.
I
DELRAY BEACH JOURNAL
Published
Weekly
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH:
Befc~ auth._rip'eared
who on oath says that he is Editor of The Delray Beach
Journal, a weekly newspaper published at Del~y Beach in [ ~.~o~
Palm Beach County, Flo~da ;that the a~ached copy of ad- [~~~m~
vertisement, being a Legal Notice in the matter of ~ ~_ o~~~
T ~ 'T C
the ...................... Court, was published in said I~ ~.'~ ~g ~e CRy]
[~o~cu W~l~ln ~e C~ Ch~4
newspaper in the issues of ~ io~ o~ ~ 7~ P,M,~ ,t w~ch]
Affiant further says that the said The Delray Beach Journal is a
newspaper published at Delray Beach, in said Palm Beach County,
Florida, and that the said newspaper has heretofore been continu-
ously published in said Palm Beach County, Florida, each week and
has been entered as second class mail matter at the postoffice in
Oelray Beach, in said Palm Beach County, Florida, for a period of one
year next preceding the first publication of the attached copy of ad-
vertisement; and affiant furthe, r.~lays that he has neither paid nor
promised any person, firm or~2brpbration any discount, rebate, eom-
mission or refund for the p~l~p~/pf securing this adveTtisement for
Sworn to and subscribed before me thi~ ................ day of
.......
My Commission ~pires