Ord 09-99 ORDINANCE NO. 9-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 100, "NUISANCES", SUBHEADING "GENERAL
PROVISIONS", SECTION 100.01, "EXISTENCE OF WEEDS, TRASH
AND VEGETATION UPON LANDS PROHIBITED", SUBSECTION
100o01(D), TO PROVIDE CLARIFICATION OF THE TERMS 'LOT',
'PARCEL' AND 'TRACT'; BY AMENDING SUBHEADING "ABATEMENT
PROCEDURES", BY REPEALING SECTION 100.21, "NOTICE OF
VIOLATION REQUIRED", AND ENACTING A NEW SECTION 100.21,
"NOTICE OF PUBLIC NUISANCE REQUIRED", TO PROVIDE FOR
METHODS OF SERVICE OF NOTICES, COUNTY COURT CITATIONS AND
NOTICES TO APPEAR; BY REPEALING SECTION 100.22, "CONTENT
AND FORM OF NOTICE", AND ENACTING A NEW SECTION 100.22,
."CONTENT AND FORM OF NOTICE OF PUBLIC NUISANCE", TO
PROVIDE FOR A COMPLIANCE PERIOD, ASSESSMENT OF COSTS,
ABATEMENT OF NUISANCES RECURRING WITHIN A 12-MONTH PERIOD
WITHOUT PRIOR NOTICE AT THE OWNER'S EXPENSE, APPELLATE
PROCEDURES, AND APPROVAL OF NOTICE FORM AND CONTENT BY
THE CITY ATTORNEY; BY REPEALING SECTION 100.23,
"HEARING", AND ENACTING A NEW SECTION 100.23, "NOTICE OF
RECURRING NUISANCE ABATEMENT REQUIRED; CONTENT AND FORM",
TO PROVIDE FOR SERVICE PROCEDURES, CONTENT OF NOTICE,
'DEFINITION OF RECURRING NUISANCE, APPELLATE PROCEDURES,
COST ASSESSMENT AND APPROVAL OF NOTICE FORM AND CONTENT
BY THE CITY ATTORNEY; BY REPEALING SECTION 100.24,
"ABATEMENT BY THE CITY", AND ENACTING A NEW SECTION
100.24, "ABATEMENT BY THE CITY", TO PROVIDE FOR INCREASES
AND DECREASES IN COSTS AND ALTERNATIVE ABATEMENT
PROCEDURES; BY AMENDING SECTION 100.25, "ABATEMENT BID
PROCEDURES", TO PROVIDE FOR SECURING BIDS EVERY TWO YEARS
'FOR SERVICES TO ABATE NUISANCES; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires
to clarify and amend certain procedures and notice requirements regarding
abatement of nuisances; and
WHEREAS, the City Commission desires to take action to abate recurring
nuisances in a more timely manner; and
WHEREAS, the abatement of nuisances is in the best interests of and
furthers the public health, safety and welfare of the citizens of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 100, "Nuisances" , Subheading "General
Provisions", Section 100.01, "Existence of Weeds, Trash and Vegetation Upon
Lands Prohibited", Subsection 100.01(D), of the Code of Ordinances of the City
of Delray Beach, Florida, is hereby amended to read as follows:
(A) For purposes of this $ccticn chapter, the terms lot, tract and
parcel shall include all lots, tracts and parcels within the City
and shall also include any contiguous public right-of-way or
easement, or portion thereof or public alleyway to the centerline,
upon which no publicly maintained structural improvements exist or
any planted area between the property line and a paved alley and
every owner or person having possession or in control of the
contiguous real property shall ensure that the adjoining public
right-of-way complies with the provisions of this subchapter.
Nothing herein shall be construed to require the maintenance of
'medians by contiguous property owners or persons in control of such.
Section 2. That Chapter 100, "Nuisances", Subheading "Abatement
Procedures", of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended by repealing Section 100.21, "Notice of Violation Required", in
its entirety, and enacting a new Section 100.21 to read as follows:
Section 100.21 NOTICE OF PUBLIC NUISANCE REQUIRED.
(A) If the City Manager or his designated representatives determine that
a public nuisance exists in accordance with the standards set forth
in this chapter on any lot, tract, parcel or other real property
within the City, whether improved or unimproved, he shall forthwith
notify the owner of the property as the ownership appears upon the
last complete records of the County Tax Assessor. The notice shall
be given in writing by certified mail, return receipt requested,
.postage prepaid, or by hand delivery which shall be effective and
complete when delivered and shall be considered sufficient notice.
In case of multiple or joint ownership, service as herein provided
on any one owner shall be sufficient. The personal delivery by the
City Manager or his designated representative in lieu of mailing
shall be equivalent to mailing. In the event that the mailed notice
is returned by the postal authorities or the return receipt is not
received by the Code Enforcement Division within fifteen (15) days
after mailing, and the notice cannot be reasonably hand delivered to
'the owner of the property or his agent, the notice shall be given by
a physical posting of the notice on the subject property as
enumerated in Section 100.22. "Reasonably hand delivered" shall
mean one attempt to hand deliver if the owner or his agent resides
within the City limits between the hours of 8:00 a.m. and 5:00 p.m.
on any weekday, excluding Saturdays, Sundays and holidays.
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Ord. No. 9-99
(B) Alternatively, City Code Enforcement Officers may issue a written
warning notice in person or by certified mail, return receipt
requested, postage prepaid, to the person who committed the
violation, which notice shall specify the section of the Code of
Ordinances which is being violated and the required correction date.
In the event the violation enumerated on the warning notice is not
corrected as specified, a Code Enforcement Officer may issue a
County Court Citation or a Notice to Appear at a hearing in County
Court pursuant to Chapter 37 of the Code of Ordinances.
Section 3. That Chapter 100, "Nuisances", Subheading "Abatement
Procedures", of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended by repealing Section 100.22, "Content and Form of Notice", in
its entirety, and enacting a new Section 100.22 to read as follows:
Sect%on 100.22 CONTENT AND FORM OF NOTICE OF PUBLIC NUISANCE.
(A) The notice provided for in Section 100.21 shall notify the owner of
the land of the following:
(1) That it has been determined that a public nuisance exists on
the land, and what condition constitutes that nuisance.
(2) That the owner of the land shall have seven (7) days (42 days
in the case of a violation of Section 100.04 pertaining to
seawalls) from delivery of the Notice of Public Nuisance to
remove the condition causing the nuisance on the land.
(3) That if the condition is not corrected or removed within the
time specified, the City shall have it corrected or removed at
the expense of the owner, including all costs of inspection and
administration, and alternatively, any of the enforcement
procedures contained in Chapter 37 of the Code of Ordinances
may be utilized.
(4) If after delivery of the notice the owner has not requested a
hearing within five (5) days and has not corrected the
condition causing the public nuisance within seven (7) days,
the City shall have the right to have the objectionable
condition corrected or removed at the expense of the owner. If
the City has the condition abated and payment is not received
within thirty (30) days after the mailing of a notice of
assessment for the cost of the work together with all costs of
inspection and administration, the City shall have a lien
placed against the property for the cost of the work, including
inspection and administrative costs, plus interest at the rate
3
Ord. No. 9-99
of eight percent (8%), plus reasonable attorney's fees and
other costs of collecting the sums, without further hearing by
'the board or Commission and without further notice of the
recording of said lien, and such lien shall be on a par with
general City taxes.
(5) The approximate range of cost for the City to correct the
nuisance condition, exclusive of administrative costs,
interest, collection costs or attorney's fees.
(6) That if the condition constituting a public nuisance as
enumerated in the notice recurs within the twelve (12) month
period commencing from the delivery date of this notice, the
City may immediately and without further prior notice, correct
or remove the conditions each time they recur within said 12
month period, at the expense of the owner, including all costs
of inspection and administration.
(7) That if this notice is not deliverable or the return receipt is
not received by the Code Enforcement Division within fifteen
(15) days after the mailing date and hand delivery cannot be
reasonably accomplished, a copy of the notice shall be posted
in plain view upon the land where the public nuisance exists
and shall be considered delivered on the date posted; and that
if the condition constituting the public nuisance is not
corrected within seven (7) days after posting, the City shall
have the right to enter upon the premises and take steps
reasonably necessary to correct or remove the condition at the
expense of the owner of the property. Posting shall be
sufficient notice that recurrence of any condition cited within
the 12 month period specified above, shall be subject to
immediate abatement without further prior notice.
(8) Appeal dates and procedures for a Notice of Public Nuisance
shall be as follows:
(a) The owner shall have five (5) days from the delivery date
of the Notice of Public Nuisance to file a written
petition with the City Manager or his designee for a
hearing before a three-person board which shall be
composed of the City Manager, the Director of
Environmental Services or the City Engineer, and the
Director of Parks and Recreation, or their designees,
which hearing shall be scheduled within ten (10) days of
the date that the petition is received by the City
Manager.
4
Ord. No. 9-99
(b) The issues to be determined at the hearing are whether
the condition does in fact exist and why the condition
should not be abated by the City at the expense of the
owner, and the time limits for the abatement. The source
of the condition shall not be a defense against the
requirement that the condition shall be abated by the
owner.
(c) If after the hearing the panel determines that the
condition which exists on the property constitutes a
public nuisance and is in violation of City ordinance,
the owner of the property shall have a reasonable time,
as determined by the panel, to correct or remove the
condition, after which time the City shall have the right
to have the condition abated at the expense of the
property owner. If after delivery of the notice the
owner has not requested a hearing within five (5) days
and has not corrected the condition causing the public
nuisance within seven (7) days, the City shall have the
right to have the objectionable condition corrected or
removed at the expense of the owner. If the City has the
condition abated and payment is not received within
thirty (30) days after the mailing of a notice of
assessment for the cost of the work together with all
costs of inspection and administration, the City shall
have a lien placed against the property for the cost of
the work, including inspection and administrative costs,
plus interest at the rate of eight percent (8%), plus
reasonable attorney's fees and other costs of collecting
the sums, without further hearing by the board or
Commission and without further notice of the recording of
said lien, and such lien shall be on a par with general
City taxes.
(B) The content and form of the notice required by Section 100.21 shall
be approved by the City Attorney.
Section 4. That Chapter 100, "Nuisances", Subheading "Abatement
Procedures", of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended by repealing Section 100.23, "Hearing", in its entirety, and
enacting a new Section 100.23 to read as follows:
Section 100.23 NOTICE OF RECURRING NUISANCE ABATEMENT REQUIRED; CONTENT
AND FORM.
(A) If there is a recurring nuisance and the City abates the nuisance, a
written Notice of Recurring Nuisance Abatement shall be sent to the
5
Ord. No. 9-99
property owner at the address listed in the records of the Palm
Beach County Tax Assessor by first class mail, postage prepaid. The
notice may, alternatively, be hand delivered to the owner if such
delivery is practical. The notice shall be considered delivered
when either hand delivered or properly addressed and deposited in
the U.S. Mail postage prepaid. In the event the mailed notice is
returned by the postal authorities and hand delivery cannot be
reasonably made as defined in Section 100.21(A), the City Manager or
his designee shall post a copy of the notice in a conspicuous
location on the property. A posted notice shall be considered
delivered when posted.
(B) The notice required in Section 100.23 shall advise the owner of the
land of the following ordinance requirements:
(1) What condition constitutes the recurring nuisance,
defined as the same type of nuisance condition previously
cited in any Notice of Public Nuisance delivered to the
same owner of record for the same property within the
last 12 months.
(2) What the type of recurring nuisance condition was found,
the date the recurring nuisance condition was observed,
the specific ordinance section in violation, and the
delivery date of the Notice of Public Nuisance which
previously notified the owner of the nuisance conditions
which now recurred.
(3) That the recurring nuisance conditions were abated by the
City and the date and approximate cost of abatement,
including an administrative charge of the Code
Enforcement Division, but exclusive of interest,
collection, attorney, recording and any additional
administrative costs.
(4) That if the Notice of Recurring Nuisance Abatement was
returned as undeliverable by the postal authorities and
could not be reasonably hand delivered, the notice shall
be posted in a conspicuous location on the land.
(5) What the final appeal date and procedure are including:
i. That a written appeal of a Notice of Recurring
Nuisance Abatement must be received by the City
Manager no later than five (5) days after the
mailing, hand delivering, or posting of the notice,
6
Ord. No. 9-99
as applicable. Such appeals shall be heard by a
three-member panel consisting of the City Manager,
the Director of Environmental Services or the City
Engineer, and the Director of Parks and Recreation,
or their designees. The appellant shall be given
notice of the date and time of such hearing which
shall be scheduled within ten (10) days from the
date of receipt of the written appeal, or as
otherwise mutually agreed upon by the property owner
and the City.
ii. That the panel shall determine, among other matters,
if a recurring nuisance occurred and if the
abatement was processed in accordance with City
ordinances. The source of the conditions abated
shall not be a defense. The panel shall issue a
written determination to the appellant.
iii. If payment is not received within thirty (30) days
after the mailing of a notice of assessment for the
cost of the work together with all costs of
inspection and administration, the City shall have a
lien placed against the property for the cost of the
work, including inspection and administrative costs,
plus interest at the rate of eight percent (8%),
plus reasonable attorney's fees and other costs of
collecting the sums, without further hearing by the
board or Commission and without further notice of
the recording of said lien, and such lien shall be
on a par with general City taxes.
iv. The content and form of the notice required by this
section shall be approved by the City Attorney.
Section 5. That Chapter 100, "Nuisances", Subheading "Abatement
Procedures", of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended by repealing Section 100.24, "Abatement by the City", in its
entirety, and enacting a new Section 100.24 to read as follows:
Section 100.24 ABATEMENT BY THE CITY.
Nothing herein shall be construed to prevent the City administration from
exercising its discretion to increase or decrease abatement charges based on
conditions~ costs or bid considerations or to utilize means other than those
contemplated in the notice provided for in this chapter to abate the conditions
violative of this chapter.
7
Ord. No. 9-99
Section 6. That Chapter 100, "Nuisances", Subheading "Abatement
Procedures", Section 100.25, "Abatement Bid Procedure", of the Code of
Ordinances' of the City of Delray Beach, Florida, is hereby amended to read as
follows:
Section 100.25 ABATEMENT BID PROCEDURE.
The City shall obtain competitive bids pursuant to the City's normal
bidding, purchasing and contracting requirements at intervals no less than
ycarly every two (2) years for services entailed in carrying out the abatement
of nuisances under this chapter. The successful bidder shall be required to
provide insurance and bonding as the City deems advisable.
Section 7. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 8. That 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 9. That this ordinance shall become effective immediately upon
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the 6th day of April , 1999.
ATTEST:
~ City ~lerk-- Y
First Reading March 16, 1999
Second Reading April 6t 1999
8
Ord. No. 9-99
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM /~ - REGULAR MEETING OF APRIL 6, 1999
ORDINANCE NO. 9-99 (AMENDING CHAPTER 100, "NUISANCES")
DATE: MARCH 31, 1999
This is second reading and a public hearing for Ordinance No. 9-
99 which amends Chapter 100, "Nuisances", of the City Code to
clarify and amend certain procedures and notice requirements
regarding abatement of nuisances. It also provides for the
abatement of recurring nuisances in a timely manner.
The major changes contained in the ordinance are:
(1) Compliance periods are reduced from 10 days to 7 days and
appeal periods are reduced from 10 days to 5 days.
(2) Initial notices will be mailed by certified mail instead of
first class mail.
(3) Nuisances which recur in a 12-month period can be
immediately abated without the necessity to first mail a
notice.
The proposed changes will allow for more prompt action by the
Code Enforcement Division in abating nuisances.
The dity Commission reviewed these changes in concept at the
January 12th workshop and directed staff to proceed with the
enacting ordinance. At first reading on March 16, 1999, the
Commission passed Ordinance No. 9-99 by a vote of 4 to 1 (Mr.
Randolph dissenting).
Recommend approval of Ordinance No. 9-99 on second and final
reading.
ref: agmemo8
s / citycler k/agenda99/agm~m~8
Memo
To: David Harden, City Manager
From: Lula Butler, Director, Community Improvement~~
Date: March 12, 1999
Re-' First Reading of Ordinance 9-99, Revisions to Code of
Ordinances Chapter 100 "Nuisances"
ITEM BEFORE THE COMMISSION:
City Commission consideration and approval of proposed amendments to Chapter
100 of the City's Code of Ordinances governing nuisances. The changes proposed
under Ordinance 9-99 are attached.
BACKGROUND:
Staff presented the proposed changes to Chapter 100 to the City Commission at the
regularly scheduled workshop meeting of January 12, 1999. The major changes
contained in the proposed ordinance are:
1. Compliance periods are reduced from 10 days to 7 days and appeal periods are
reduced from 10 days to 5 days.
2. Initial notices will be mailed by certified mail instead of first class.
3. Nuisances which recur in a 12-month period can be immediately abated without
necessity to first mail a notice.*
The changes will allow for more prompt action by the Community Improvement
Department's Code Enforcement Division in abating nuisances.
The Commission gave staff consensus to move forward with the first reading of the
amendments to Chapter 100.
RECOMMENDATION:
Staff is recommending approval of the proposed amendments to Chapter 100 on first
reading, providing for the required public headng and formal approval of these
changes at the next regular City Commission meeting.
Date: March 12, 1999 Agenda Item No. //~ )/1 ·
AGENDA REQUEST
Agenda request to be placed on:
X__ Regular __ Special __ Workshop __ Consent
When: March 16, 1999
Description of Agenda Item:
First Reading of Ordinance 9-99, Revision to Code of Ordinances, Chapter 100
"Nuisances"
Ordinance/Resolution Required: (~ No Draft Attached: ~ No
Recommendation: Commission Approval
Department Head Signature: /N~j~~~
City Attomey Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives: (if applicable)
Account # & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~)/No ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
~3,u9,'99 TUE 13:47 FAX $61 278 4755 DEL B('H CTY ATTY CITY HALL
ORDINANCE NO. g-gg
/AN ORDINANCE OF T~"CI~ COMMISSION OF THE CI~ OF DEL~Y
BEACH, FLORIDA, ~ENDING THE CODE OF ORD{NANCES BY AMEN~N~
CHAPTER 100, "~3~NCES," SUBHEADING "GENE~L PROVISION$,'~
SECTION-~~J~klSTE~CE OF W~ED$. T~$H AND V~ETATION
UPON ~S P~0HIBITED, SUBSECTION ~.01(D), TO P~ /~.
CLA~CATI~BY AMENDING SUBHEAD~ _
~ROCEDURES," BY REP~~G~
' '~EQUIRED" AND ENA~~ 100.21 /'NO~E OF PUBLIC. NUISANCE R~QUIRED~' -; .......
COUN~ COURT CITA IONS AND NOTICES TO APPEAR; BY REPEALI~
~~SECTION 100.22, 'CONTENT AND FORM OF NOTICE," AND ENACTING
NEW SECTION' 100.22, "CONTENT AND FORM OF NOTICE OF PUBLIC
'NUISANCE" PROVIDING FOR A COMPLIANCE PERIOD, ASSESSME~ OF
COSTS, ABATEMENT OF NUISANCES RECURRING,WITHIN A 12~ONTH
PERIOD W~HOUT PRIOR NOTICE AT THE OWNER S EXPENSE,
APPELLATE PROCEDURES, APPROVAL OF NOTICE FORM AND CON~ENT
BY THE CI~ A~ORNEY; BY REPEALING,,SECTION 100.23, "HEARING~
AND ENACTING A NEW SECTION 1~.23. NOTICE OF RECURRING
NUISANCE ABATEMENT REQUIRED; CONTENT AND FOR~ROVlDING
FOR ~ERVICE PROCEDURES, CONTENT OF NOTICE, DE~ITION
RECURRING NUISANCE, APPEL~TE PROCEDURES, COST ASSESSMENT
AND APPROVAL OF NOTICE FORM AND CONTENT BY THE CI~
A~ORNEY; BY REPEALING SECTION 100.24, "ABATEMENT BY THE C.~'~'
AND ENACTING A NEW SECTION 100.24, "ABATEMENT BY THE ,CI~
PROVIDIN~FOR ALTERNATIVE ABATEMENT PROCEDURES; BY
AMEN~ SECTION 100.25, 'ABATEMENT BID PROCEDURES,' TO
WF [! COMMISSION OF THE Cl~ OF DEL~Y B~CH,~.~
DESIRES TO C~RIFY AND TO AMEND CERTAIN PROCEDURES
NOTICE REQUIREMENTS REGARDING ~..._.,~~
1~ OF DEL~Y BEACH~LORIDA, AS FOLLOWS: ':.
/
t~ ~ ' , ~ ~~ ~ ~~
__ ~31:tl9:99 TUE 13:47 FAX 561 278 4755 DEL BCH ('TY ATTY -~-*-~ CITY HALL ~]0Ol
£1TY aF I]RRI:IY BEI:I[H
CITY ATTORNEY'S OFFICE .~o,, .~ ,,,,,,.,,~,,,,~. ~,~,.,~^¥ ,,,~,,~,.,. ,~LO,~,,~,, ..~,,,,,
TELEPHONE ~1/24~-7090 · FACSIMILE 561/278-475~
DF[RAY REACH
a~a~¢~ FAX TRANSMITTAL LETTER
~,,~,..IDATE: March 9, 1999
TO: Alison Harry, City Clerk
Rich Bauer, Code Enforcement Administrator
FROM: Susan A. Ruby, Esq.
PAGES: 2
CITY ATTORNEY'S OFFICE
CITY OF DELRAY BEACH, FLORIDA
IF ANY OF THE PAGES ARE NOT CLEARLY RECEIVED, PLEASE
CALL (561) 243-7090 IMMEDIATELY.
COMMENTS:
Attached please find some revisions to Nuisance Abatement Ordinance
No. 9-99.
SAR:ci
Chapter 100
CHAPTER 100: NUISANCES
Section
General Provisions
18~rO-1---Existence of weeds, trash and vegetation
upon lands prohibited (Am. Ord. No. 15-95,
passed 3/7/95)
100.02 Lands to be kept free of debris, vegetation
and the like
100.03 Accumulation of sand, rocks, debris or spoil
100.04 Seawalls
100.05 Maintaining collection of waters in which
mosquitoes breed; prevention
100.06 Unguarded excavations
100.07 Yards and landscape areas
100.08 Exterior building walls
100.09 Lands to be kept free of palm trees infected with
lethal yellowing (Ord. No. 14-96, passed 3/5/96)
Abatement Procedures
100.20 Inspection of lands to determine violation
100.21 Notice of violation required (Am. Ozzl. No. 15-95,
passed 3/7/95)
100.22 Content and form of notice
100.23 Hearing
100.24 Abatement by the city
100.25 Abatement bid procedure
100.26 Assessment of costs, interest and attorney's
fees; lien
100.27 Enforcement of assessment; priority of lien
100.99 Penalty (Am. Ord. No. 18-95, passed 4/4/95)
Cross-reference:
Enforcement by Code Enforcement Board as supplemental
method of enforcement, see Chapter 37
IX. 126
Sect/on 100.01
GENERAL PROVISIONS
Section 100.01 EXISTENCE OF WEEDS. TRASH AND VEGETATION UPON
LANDS PROHIBITED.
(A) (1) The existence of weeds, dead or living plant life,
undergrowth, brush, trash, filth, garbage or other refuse on any
lot, tract or parcel of land in the city, whether improved or
unimproved, which has caused the property to become, or which may
reasonably cause the property to become infested or inhabited by
rodents, snakes, vermin or wild animals, or may furnish a
breeding place for mosquitoes or threatens the public health,
safety or welfare, or may reasonably cause disease, or adversely
affects and impairs the economic welfare of other property, is
declared to constitute a public nuisance and is prohibited, and
every owner of real property in the City has a duty to keep his
property free of any nuisance at his expense.
(2) The existence of weeds or other dead or living
plant life or vegetation which have attained a height of twelve
(12) inches or more, and which exist on any lot, tract or parcel
of land in the City, whether improved or unimproved, shall be
presumed to be detrimental to the public health, safety and
welfare, and thus shall be presumed to constitute a public
nuisance under the terms and conditions of this subchapter.
(3) The existence of accumulations of vegetative (i.e.
yard and garden) trash mixed with other types of refuse is deemed
to be detrimental to the public health, safety and welfare and
thus deemed to be a public nuisance and prohibited. Such mixed
accumulations shall not be picked up by the City's sanitation
franchisee during regular collection routes but shall be subject
to abatement or citation as other nuisances in any manner set
forth in this chapter.
(Ord. No. 15-95, passed 3/7/95)
(4) The existence of accumulations of loose,
uncontainerized, or unbundled refuse, other than heavy, bulky
items is deemed to be detrimental to the public health, safety
and welfare and thus shall be deemed to be a public nuisance and
is prohibited. The aforesaid accumulations shall not be picked
up by the City's sanitation franchisee during regular collection
routes but shall be subject to abatement or citation as other
nuisances in any manner set forth in this chapter.
(Ord. No. 15-95, passed 3/7/95)
(B) The existence of any kind of vegetation, including
trees and shrubs, upon any lot, tract or parcel of land, improved
or unimproved, within the city, to the extent that the vegetation
impairs or interferes with traffic safety is prohibited and
declared to be a public nuisance.
IX.127
Section 100.03
Section 100.03 ACCUMULATION OF SAND. ROCKS. DEBRIS OR ~POIL,
(A) It shall be unlawful and constitute a nuisance to allow
or maintain on any lot located in either a limited commercial or
a residential zoning district within the corporate limits of this
city any accumulation of sand, rocks, debris or spoil at a height
of over three (3) feet measured from the crown of either the
front or side street or road on which it is located, whichever is
lower. In the event the lot or parcel is not located adjacent or
contiguous to a paved improved street then the height shall be
measured from a grade established by the City Engineer in
accordance with what the city specifications would require if the
street had heretofore been improved.
(B) However, this height limitation shall not be applicable
to those lots fully enclosed by a reinforced concrete retaining
wall constructed to a height equal to or in excess of the
accumulation of the sand, rocks, debris or spoil maintained or
located on that property.
('80 Code, Sec. 13-15)
Penalty, see Sec. 100.99
$~Gtion 100,04 SEAWALLS.
(A) It shall be unlawful and constitute a public nuisance
for any property owner to maintain or allow to be maintained
property owned by him located adjacent to any natural or
artificial canal, stream or other body of water in a condition
requiring construction of a seawall or maintenance or repair of
an existing seawall.
(B) Construction of a seawall or repair or maintenance of
an existing seawall shall be deemed necessary when the lack of a
seawall or need for maintenance or repair of an existing seawall
causes a situation that threatens or endangers the public health,
safety or welfare, or that impedes the navigability of any canal,
stream or other body of water, or that endangers swimming or
other water sports.
('80 Code, Sec. 13-14) (Ord. No. 69-78, passed 10/9/78)
Penalty, see Sec. 100.99
Section 100.05 MAINTAINING COLLECTION OF WATER IN W~IC~
MOSOUITOES BREED: PREVENTION.
(A) It shall be unlawful and constitute a nuisance for any
person to have, keep, maintain, cause or permit within the city
any collection of standing or flowing water in which mosquitoes
breed or are likely to breed, unless the collection of water is
treated so as to effectually prevent any breeding.
IX. 129
Section 100.05(B)
(B) Collections of water in which mosquitoes breed, or are
likely to breed, are those contained in ditches, ponds, pools,
excavations, holes, depressions, open cesspools, privy vaults,
fountains, cisterns, tanks, shallow wells, barrels, troughs,
urns, cans, boxes, bottles, tubs, buckets, defective house roof
gutters, tanks, or flush closets, or other similar water
containers. The natural presence of mosquito larvae in standing
or running water shall be evidence that mosquitoes are breeding
there.
(C) Collections of water in which mosquitoes breed, or are
likely to breed, shall be treated by one or more of the following
methods as shall be approved by the City Manager or his
designated representative.
(1) Screening with wire netting of at least sixteen
(16) meshes to the inch each way, or any other material which
will effectually prevent the ingress or egress of mosquitoes.
(2) Complete emptying every seven (7) days of
unscreened containers, together with their thorough drying or
cleaning.
(3) Using a larvicide approved and applied under the
direction of the City Manager or his designated representative.
(4) Covering completely the surface of the water with
kerosene, petroleum or paraffin oil once every seven (7) days.
(5) Cleaning and keeping sufficiently free of
vegetable growth and other obstructions, and stocking with
mosquito-destroying fish.
(6) Filling or draining.
(7) Proper disposal, by removal or destruction, of tin
cans, tin boxes, broken or empty bottles and similar articles
likely to hold water.
('80 Code, Sec. 13-11)
Penalty, see Sec. 100.99
Section 100.06 UNGUARDED EXCAVATIONS.
(A) Any excavation in the earth kept, maintained or
permitted in an uncovered, unprotected, unfenced or otherwise
dangerous or unsafe condition within the city is declared to be a
public nuisance.
(B) It shall be unlawful for any person to keep, maintain
or permit a dangerous excavation in the earth uncovered,
unprotected, unfenced or otherwise dangerous or unsafe condition
within the city.
IX.130
Section 100.06(C)
(C) Nothing in this section shall diminish or otherwise
affect the power of the City to enjoin or abate any public
nuisance in accordance with the laws of the state.
('80 Code, Sec. 16-22)
Penalty, see Sec. 100.99
Section 100.07 YARDS AND LANDSCAPE AREAS,
(A) Any portion of a lot not covered by a building or
structure or otherwise devoted to parking, service drive or
walkway shall be sodded with a healthy grass or other appropriate
ground cover and shall be maintained in a neat and orderly
manner.
(B) Ail landscape materials, whether required or optional,
shall be maintained in a healthy live condition so as to present
a neat and attractive appearance and so as to discourage the
collection of trash or debris or infestation by pests. Trees,
shrubs, ground cover and grasses shall be trimmed in a manner
consistent with good landscaping practices and otherwise as
required by this code.
(Ord. No. 144-88, passed 12/13/88)
Penalty, see Sec. 100.99
$~otion 100.08 EXTERIOR BUILDING WALLS.
(A) Any building walls visible from the public
rights-of-way shall be maintained in a secure and attractive
manner. Ail defective structural and decorative elements of such
building facades shall be repaired or replaced in a workmanlike
manner, to match as closely as possible the original materials
and construction of the building. Ail exterior walls shall have
all loose material removed and patching or resurfacing shall be
accomplished to match the existing or adjacent surfaces as to
materials, color, bond and joining. Ail cornices, trim and
window frames that are damaged, sagging or otherwise deteriorated
shall be repaired or replaced to be made structurally sound and
all exposed materials painted, stained or otherwise treated in a
consistent manner.
(B) Side and rear building walls not visible from a public
right-of-way may be treated in a manner distinct from the
building wall fronting on a public right-of-way. Such side and
rear building walls, however, shall be maintained in a safe and
secure manner and not allowed to deteriorate in a manner that
endangers the structure or detracts from the value of adjoining
properties.
(Ord. No. 144-88, passed 12/13/88; Am. Ord. No. 26-89, passed
4/25/89)
Penalty, see Sec. 100.99
IX.131
Section 100.09
~ection 100.09 LANDS TO BE KEPT FREE OF PALM TREES INFECTED WITH
LETHAL YELLOWING.
(A) Nuisance Declared: The existence of palm trees
infected with, or clearly exhibiting the symptoms of lethal
yellowing is hereby declared a public nuisance as those palms
continue to be infectious and are a threat to healthy palm trees
in the area. The disease is characterized by the blackening of
the young inflorenscences (flower stalk) on infected palms. On
coconut palms, developing fruits will suddenly drop off the
stems. Mature leaves begin to yellow, until all leaves in the
canopy wilt and die. In other palm species, the yellowing may
not be conspicuous; instead, leaves collapse and the palm quickly
dies.
(B) Inspections Authorized; Hindering Inspections Declared
Unlawful:
(1) The City Manager, or the authorized designee, is
authorized and empowered to enter upon any lot or parcel of land
in the City at any reasonable hour for the purpose of inspecting
any palm tree(s) situated thereon. The authorized individual may
remove tissue samples from any palm for the purpose of laboratory
analysis, if needed, to determine whether the palm is infected
with lethal yellowing. The removal of plant tissue for analysis
is at the sole discretion of the City Manager or the authorized
designee. The City Manager or the authorized designee may
require the removal of a palm tree on the basis of the obvious
physical demise of the palm alone, where symptoms are consistent
with the patterns of decline associated with lethal yellowing.
(2) It shall be unlawful for any person to take any
action to prevent the City Manager, or authorized designee, from
entering on any lot or parcel of land in the City for the purpose
of such inspection, or to interfere with the City Manager, or
authorized designee, in the performance of any duties provided
for under the provisions of this section.
(C) Removal of Trees; Notice Required: Whenever the City
Manager or authorized designee determines that a particular palm
is infected with lethal yellowing and said tree poses a threat of
infecting other healthy trees, the City Manager or the authorized
designee shall notify the owner of the property on which the palm
tree is located in writing, and shall require the owner to cause
the condition to be remedied by removal no later than ten (10)
days from the date of notice. The notice shall be sent by
first-class mail, addressed to the owner of the property as
indicated by the county tax records pursuant to the notice
provisions in Section 100.21 and 100.22 of the Code of
Ordinances. Prior to the removal, the owner or owner's
contractor shall obtain a tree removal permit pursuant to Section
2.4.6(G)(1) of the City's Land Development Regulations. If the
owner of said property has not caused said palm(s) to be removed
within the time period, the City Manager or authorized designee
shall enter upon the property and remove the infected palm(s) at
the owner's expense.
IX.131.1
Section 100.09(D)
(D) Lien for Removal by City:
(1) After the removal of the palm(s), the City Manager
or the authorized designee shall certify the expenses incurred in
such removal. Such expenses shall become payable within sixty
(60) days. If payment is not received, a lien and charge will be
made upon the property equal to the cost of removal plus
administrative, mailing and recording costs. The lien amount
shall be payable with interest at the rate of eight percent (8%)
per annum from the date such payment has become delinquent.
(2) Such lien shall be enforceable in the same manner
as a special assessment lien in favor of the City of Delray
Beach, except that the City of Delray Beach may file suit to
foreclose such lien at any time after the expiration of sixty
(60) days from the date the assessment was certified by the City
Manager or his authorized designee to the Director of Finance.
Notice of such lien shall be filed in the office of the clerk of
the circuit court and recorded among the public records of Palm
Beach County, Florida.
(E) Violation; Penalty: Anyone who resists or obstructs an
individual who is carrying out the provisions of this section
shall be guilty of a misdemeanor punishable by a fine not
exceeding $500.00 or imprisonment for a term not exceeding sixty
(60) days, or by both a fine and imprisonment. Each day any
violation of any provision of this code or of any ordinance shall
constitute a separate offense.
(Section 100.09 enacted by Ord. No. 14-96, passed and adopted as
an emergency ordinance on 3/5/96)
IX. 131.2
Section 100.20
ABATEMENT PROCEDURES
Section 100.20 INSPECTION OF LANDS TO DETERMINE VIOLATION.
The City Manager or his designated representative shall, as
often as may be necessary, inspect lands within the city to
determine if violation of this chapter exist.
('80 Code, Sec. 13-16(a)) (Ord. No. 79-81, passed 12/8/81; Am.
Ord. No. 20-82, passed 3/23/82; Am. Ord. No. 75-83, passed
11/22/83; Am. Ord. No. 59-85, passed 6/25/85)
100.21 NOTICE OF VIOLATION REOUIRED.
If the City Manager or his designated representative shall
determine that a public nuisance exists in accordance with the
standards set forth in these sections on any lot, tract, parcel
or other real property within the City, whether improved or
unimproved, he shall forthwith notify the owner of the property
as the ownership appears upon the last complete records of the
County Tax Assessor. The notice shall be given in writing by
first class mail, postage prepaid, which shall be effective and
complete when properly addressed as set forth above and deposited
in the United States mail with postage prepaid, and shall be
considered sufficient notice. In case of multiple or joint
ownership, service as herein provided on any one owner shall be
sufficient. The personal delivery by the City Manager or his
designated representative in lieu of mailing shall be equivalent
to mailing. In the event that the mailed notice is returned by
the postal authorities, the City Manager or his designated
representative shall cause a copy of the notice to be served upon
the occupant of the property or upon any agent of the owner
thereof. In the event that personal service upon the occupant of
the property or upon any agent of the owner thereof cannot be
performed after reasonable search, the notice shall be given by a
physical posting of the notice on the subject property.
(B) Alternatively, City Code Enforcement officers may issue
a warning notice in person or by first class mail to the person
who committed the violation, which notice shall specify the
section of the Code of Ordinances which is being violated and the
required correction date. In the event the violation enumerated
on the warning notice is not corrected as specified, a Code
Enforcement officer may issue a County Court Citation pursuant to
Chapter 37 of the Code of Ordinances, or proceed as set forth in
this chapter.
('80 Code, Sec. 13-16(a)) (Ord. No. 79-81, passed 12/8/81; Am.
Ord. No. 20-82, passed 3/23/82; Am. Ord. No. 75-83, passed
11/22/83; Am. Ord. No. 59-85, passed 6/25/85; Am. Ord. No. 15-95,
passed 3/7/95)
IX.132
Section 100.22
Section 100.22 CONTENT AND FORM OF NOTICE.
(A) The notice provided for in Sec. 100.21 shall notify the
owner of the land of the following:
(1) It has been determined that a public nuisance
exists on the land, and what constitutes that nuisance.
(2) The owner of the land shall have ten days (42 days
in the case of violation of Sec. 100.04 pertaining to seawalls)
from the date of the notice to remove the condition causing the
nuisance on the land.
(3) If the conditions are not corrected or removed,
the city shall have them corrected or removed at the expense of
the owner, including all costs of inspection and administration.
(4) The initial notice of public nuisance violation
shall include the estimated cost of removal by the city,
exclusive of interest, collection costs or attorney's fees.
(5) The owner shall have ten (10) days from the date
of the notice of public nuisance to file a written petition to
the City Manager or his designee for a hearing before a
three-person board which shall be composed of the City Manager,
the Director of Public Works or the City Engineer, and the
Director of Parks and Recreation, or their designees, which
hearing shall be held within ten (10) days of the date that the
petition is received by the City Manager.
(6) The issues to be determined at the hearing are
whether the conditions do in fact exist and why the conditions
should not be abated by the city at the expense of the owner, and
the time limits for the abatement. The source of the condition
shall not be a defense against the requirement that the condition
shall be abated by the owner.
IX.133
Section 100.22(A)(7)
(7) If after a public hearing the board determines
that the conditions which exist on a property constitute a public
nuisance, the owner of the property shall have a reasonable time,
as determined by the board, to correct or remove the conditions
after which the city shall have the right to have the conditions
abated at the expense of the property owner. If the owner has
not requested a hearing within ten days, the city shall have the
right to have the objectionable condition corrected or removed at
the expense of the owner. If the city has the condition abated
and payment is not received within thirty (30) days after the
mailing of a notice of assessment for the cost of the work
together with all costs of inspection and administration, the
city shall have a lien placed against the property for the cost
of the work, including inspection and administrative costs, plus
interest at the rate of eight percent (8%), plus reasonable
attorney's fees and other costs of collecting the sums, without
further hearing by the board or Commission and without further
notice of the recording of said lien.
('80 Code, Sec. 13-16(b)) (Ord. No. 79-81, passed 12/8/81; Am.
Ord. No. 20-82, passed 3/23/82; Am. Ord. No. 75-83, passed
11/22/83; Am. Ord. No. 59-85, passed 6/25/85; Am. Ord. No. 41-89,
passed 7/25/89)
IX.134
Section 100.22(B)
(B) The notice required by Sec. 100.21 shall be in
substantially the following form:
CITY OF DELRAY BEACH
CODE ENFORCEMENT DIVISION
NOTICE OF PUBLIC NUISANCE
Date:
NA
DIVISION CASE NUMBER
NOTICE DATE
EXPIRATION DATE
TO:
ADDRESS:
Our records indicate that you are the owner(s) of the following
property in Delray Beach, Florida:
VIOLATION ADDRESS:
LEGAL DESCRIPTION:
PROPERTY I.D. NO.
You are hereby notified that the city manager or his designated
representative of the City of Delray Beach, Florida, has on the
day of , 19 , determined that a nuisance
exists on your property in violation of section of the
City of Delray Beach Code of Ordinances. The nuisance is more
particularly described as follows:
( ) Weeds and/or other ground vegetation have reached a
height of 12" or more. Section 100.01(A)(1) & (2)
( ) Existence of garbage, litter, trash, debris. Section 100.01(A)(1)
( ) Vegetation impairing or interfering with traffic
safety. Section 100.01(B)
( ) Vegetation interfering with streetlights, signs,
sidewalks or other public improvements.
Section 100.01(C)
IX.134.1
Section 100.22(B)
( ) Alleyway, easement or right-of-way maintenance.
Section 100.01(D)
( ) Other:
Section
This notice does not pertain to the trimming, clearing or removal
of MANGROVES since they are protected by Ordinance No. 81-18 of
Palm Beach County, Florida.
CORRECTIVE ACTION REQUIRED:
MOW: [] Property REMOVE TRASH: [] On property
[] Between property line [] Between
and street (right-of-way) property line
[] Alley area to center and street
TRIM: [] Vegetation interfering (right-of-way)
with street or alley [] In alley to center
or signs OTHER: [] See above
The ESTIMATED cost (not including costs of inspection,
administration, collection, interest and attorney's fees) for the
City to correct and remove the nuisance is:
[] 0 - $ ~00
[ ] $10 ! - $ 300
[] 8301 - $ 600
[] 8601 - 81,000
[] Other
You, as the owner(s) of the above-described property have ten
(10) days from the date of this notice (forty-two (42) days in
the case of a violation of Section 100.04 pertaining to seawalls)
to correct or remove the condition causing the nuisance from the
property in order to comply with the above-referred to City
Ordinance.
FINAL DATE TO CORRECT:
CODE ENFORCEMENT OFFICER:
If you have any questions call -
IF THE CONDITIONS ARE NOT CORRECTED OR REMOVED WITHIN THIS TIME,
THE CITY OF DELRAY BEACH WILL PROCEED TO CORRECT OR REMOVE THE
CONDITIONS AT THE EXPENSE OF THE OWNER(S) OF THE PROPERTY, WHICH
EXPENSE SHALL INCLUDE THE ACTUAL COST OF ABATEMENT AND THE COSTS
OF INSPECTION AND ADMINISTRATION.
IX.135
Section 100.22(B)
YOU ALSO HAVE THE RIGHT, WITHIN TEN (10) DAYS FROM THE DATE OF
THIS NOTICE, TO FILE A WRITTEN PETITION WITH THE CITY MANAGER OR
HIS REPRESENTATIVE FOR A HEARING BEFORE A THREE-PERSON BOARD
COMPOSED OF THE CITY MANAGER, THE DIRECTOR OF PUBLIC WORKS, OR
CITY ENGINEER, AND THE DIRECTOR OF PARKS AND RECREATION, OR THEIR
DESIGNEES, WHICH HEARING SHALL BE HELD WITHIN TEN (10) DAYS OF
THE DATE THE PETITION IS RECEIVED BY THE CITY MANAGER.
The issues to be determined at said hearing are whether the
conditions do in fact exist and why the conditions should not be
abated by the City at the expense of the owner, and the time
limits for such abatement. The source of the condition shall not
be a defense against the requirement that the condition shall be
abated by the owner.
If after a hearing the board determines that the conditions that
exist on the property constitute a public nuisance, the owner(s)
of the property shall have a reasonable time, as determined by
the board, to correct or remove the conditions after which the
City shall have the right to have the conditions abated at the
expense of the property owner. IF THE OWNER HAS NOT REQUESTED A
HEARING WITHIN TEN (10) DAYS, THE CITY SHALL HAVE THE RIGHT TO
HAVE THE OBJECTIONABLE CONDITION CORRECTED OR REMOVED AT THE
EXPENSE OF THE OWNER. IF THE CITY HAS THE CONDITION ABATED AND
PAYMENT IS NOT RECEIVED WITHIN THIRTY (30) DAYS AFTER THE MAILING
OF A NOTICE OF ASSESSMENT FOR THE ACTUAL COST OF SUCH WORK
TOGETHER WITH ALL COSTS OF INSPECTION AND ADMINISTRATION, THE
CITY SHALL HAVE A LIEN PLACED AGAINST THE PROPERTY FOR THE ACTUAL
COST OF THE WORK, INSPECTION AND ADMINISTRATIVE COSTS, PLUS
INTEREST AT THE RATE OF EIGHT PERCENT (8%), PLUS REASONABLE
ATTORNEY'S FEES, AND OTHER COSTS OF COLLECTING SAID SUMS WITHOUT
FURTHER HEARING BY THE BOARD OR THE CITY COMMISSION, AND WITHOUT
FURTHER NOTICE OF THE PROPERTY OWNER.
CITY OF DELRAY BEACH
By:
('80 Code, Sec. 13-17) (Ord. No. 69-78, passed 10/9/78; Am. Ord.
No. 20-82, passed 3/23/82; Am. Ord. No. 75-83, passed 11/22/83;
Am. Ord. No. 59-85, passed 6/25/85; Am. Ord. No. 41189, passed
7/25/89)
IX.136
Section 100.23
Section 100.23 HEARING.
(A) The owner of the property shall have the right, within
ten days from the date of the notice of public nuisance provided
for in this chapter, to file a written petition with the City
Manager or his representative for a hearing before a three-person
board composed of the City Manager, the Director of Public Works
or City Engineer, and the Director of Parks and Recreation, or
their designees, which hearing shall be held within ten days of
the date the petition is received by the City Manager.
(B) The issues to be determined at the hearing are whether
the conditions do in fact exist and why the conditions should not
be abated by the city at the expense of the owner, and the time
limits for the abatement. The source of the condition shall not
be a defense against the requirement that the condition shall be
abated by the owner.
('80 Code, Sec. 13-18) (Ord. No. 79-81, passed 12/8/81; Am. Ord.
No. 20-82, passed 3/23/82)
100,24 ABATEMENT BY THE CITY.
(A) If after a hearing, as provided for in Sec. 100.23, the
board determines that the conditions which exist on the property
constitute a public nuisance, the owner of the property shall
have a reasonable time, as determined by the board, to remove or
correct the conditions, after which the city, through the city
administration or agents or contractors hired by the city
administration, shall have the right to have the conditions
abated at the expense of the property owner. If the owner has
not requested a hearing within ten days, the city, through the
city administration or agents or contractors hired by the city
administration, shall have the right to have the objectionable
condition corrected or removed at the expense of the owner. If
the city has the condition abated and payment is not received
within thirty (30) days after the mailing of a notice of
assessment for the work together with all costs of inspection and
administration, the city shall file a lien against the property
for the actual cost of the work, inspection and administrative
costs, interest at the rate of eight percent (8%), plus
reasonable attorney's fees, and other costs of collecting the
sums, without further hearing by the board or the City Commission
and without further notice to the property owner.
IX. 137
Section 100.24(B)
(B) Nothing herein shall be constructed to prevent the city
administration from exercising its discretion to increase or
decrease charges based on costs or bid considerations or
utilizing means other than that contemplated in the notice
provided for in this section to abate the condition violative of
this chapter.
('80 Code, Sec. 13-19) (Ord. No. 69-78, passed 10/9/78; Am. Ord.
No. 79-81, passed 12/8/81; Am. Ord. No. 20-82, passed 3/23/82;
Am. Ord. No. 75-83, passed 11/22/83; Am. Ord. No. 41-89, passed
7/25/89)
Section 100,25 ABATEMENT BID PRQQEDURE.
The city shall obtain competitive bids pursuant to the
city's normal bidding, purchasing and contracting requirements at
intervals no less than yearly for services entailed in carrying
out the abatement of nuisances under this chapter. The
successful bidder shall be required to provide insurance and
bonding as the city deems advisable.
('80 Code, Sec. 13-20) (Ord. No. 75-83, passed 11/22/83; Am. Ord.
No. 10-86, passed 2/11/86; Am. Ord. No. 41-89, passed 7/25/89)
Section 100.26 ASSESSMENT OF COSTS. INTEREST AND ATTORNEY'S
FEES: LIEN.
As soon after the abatement as feasible, the City Manager
shall report to the City Commission the cost of the abatement,
including the cost of inspection and administration. Thereafter,
the Commission shall by resolution assess the cost against the
subject parcel. This resolution shall describe the property
assessed, show the actual cost of abatement, costs of inspection
and administration, and indicate that the assessment shall bear
interest at the rate of eight percent (8%) per annum plus, if
collection proceedings are necessary, that the property owner
would be required to pay the cost of the proceedings including a
reasonable attorney's fee. This 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 assessment. In
the event that payment has not been received within thirty (30)
days after the mailing date of the notice of assessment, the City
Clerk shall record a certified copy of the resolution in the
public records of the county, and file a lien on the property,
which shall become effective on the subject property to secure
the actual cost of abatement, costs of inspection and
administration, collection costs and a reasonable.attorney's fee
without further notice to the property owner. At the time the
City Clerk sends the notice of assessment, the following notice
shall also be mailed to the property owner in substantially the
following form:
IX.138
Section 100.26
NOTICE OF LIEN
Date:
TO:
ADDRESS:
You are hereby advised that the City of Delray Beach did on
or about the day of , 19 , abate the nuisance
which was found to exist on your property. The nuisance was
abated at a cost, including costs of inspection and
administration, of In accordance with city
ordinances, if the required payment is not received within thirty
(30) days of the date of mailing this notice of assessment, a
lien shall be recorded against your property in the form of the
attached resolution, and NO FURTHER NOTICE OF LIEN SHALL BE SENT
PRIOR TO RECORDING A LIEN ON YOUR PROPERTY. Please take notice
that the resolution, in addition to the original cost of the
abatement, requires payment of eight percent (8%) interest per
annum and the cost of collection includes a reasonable attorney's
fee.
When the City of Delray Beach has received payment for such
lien, the City Manager or his designated representative shall
execute a release thereof to remove the lien from your property,
the recording cost of which shall be borne by you. The City may
enforce the assessment by either an action at law or foreclosure
of the lien, provided in Section 100.26 which shall be foreclosed
in the same manner as mortgages are foreclosed under state law.
In either type of action, the City shall be entitled to interest
at the rate of eight percent (8%) from the date of assessment,
collection costs and reasonable attorney's fees. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES, AS PROVIDED BY CHAPTER 25786, LAWS OF FLORIDA, SPECIAL
ACT OF 1949, AS AMENDED.
CITY OF DELRAY BEACH
By:
City Clerk
('80 Code, Sec. 13-25) (Ord. No. 75-83, passed 11/22/83; Am. Ord.
No. 41-89, passed 7/25/89)
IX. 139
Section 100.27
Section 100.27 ENFORCEMENT OF ASSESSMENT: PRIORITY OF LIEN.
The city may enforce the assessment by either an action at
law or foreclosure of the lien provided in Sec. 100.26, which
shall be foreclosed in the same manner as mortgages are
foreclosed under state law. In either type of action, the city
shall be entitled to interest at the rate of eight percent (8%)
from the date of assessment, collection costs and reasonable
attorney's fees. Such liens shall be on parity with general city
taxes and shall have priority over all other liens and
encumbrances, including mortgages, as provided by Chapter 25786,
Laws of Florida, Special Act of 1949, as amended.
('80 Code, Sec. 13-26) (Ord. No. 75-83, passed 11/22/83; Am. Ord.
No. 41-89, passed 7/25/89)
Section 100.99 PENALTY.
See Section 10.99, "General Penalty"
(Am. Ord. No. 18-95, passed 4/4/95)
IX.140