Ord 48-07ORDINANCE N0.48-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY
BEACH CODE ENFORCEMENT" OF THE CODE OF
ORDINANCES BY AMENDING SECTION 37.45, "SUPPLEMENTAL
CODE ENFORCEMENT PROCEDURES", SUBSECTION 37.45(L),
"RECOVERY OF UNPAID CNIL PENALTIES; UNPAID PENALTY
TO CONSTITUTE A LIEN; FORECLOSURE", TO PROVIDE FOR
THE PLACEMENT OF LIENS DUE TO UNPAID CITATIONS;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City has adopted a method of citing people for code violations by
the issuance of citations; and
WHEREAS, in cases where the citation is not paid or not appealed the City wishes
to place a lien against the real or personal property of the violator.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 37, "Delray Beach Code Enforcement", Section 37.45,
"Supplemental Code Enforcement Procedures" is amended by amending Subsection
37.45(L), "Recovery of Unpaid Civil Penalties; Unpaid Penalty to Constitute a Lien;
Foreclosure", to read as follows:
(L) Recovery of Unpaid Civil Penalties; Unpaid Penalty to Constitute a Lien; Foreclosure.
(1) The City may institute proceedings in a court of competent jurisdiction to compel
payment of civil penalties.
(2) A certified copy of an order imposing a civil penalty shall be recorded in the public
records and thereafter shall constitute a lien against the property on which the violation
exists and upon any other real or personal property owned by the violator; upon petition to
the circuit court, such order may be enforced in the same manner as a court judgment by the
sheriffs of this State, including levy against the personal property, but such order shall not be
deemed to be a court judgment except for enforcement purposes. A civil penalty imposed
pursuant to this Article shall continue to accrue until the violator complies or until judgment
is rendered in a suit to foreclose a lien filed pursuant to this Chapter, whichever occurs first.
i
After three (3) months from the date of filing of any such lien which remains unpaid, the
City may foreclose or otherwise execute the lien.
(3) No lien provided under this Article shall continue for a period longer than twenty (20)
years after the certified copy of an order imposing a fine has been recorded, unless within
that time an action to foreclose on a lien is commenced in a court of competent jurisdiction.
In an action to foreclose on a lien, the prevailing party may recover interest and all costs,
including a reasonable attorney's fee, incurred in the foreclosure. The continuation of the
lien affected by the commencement of the action shall not be good against creditors or
subsequent purchasers fox valuable consideration without notice, unless a notice of lis
pendens is recorded.
~~ If the hearing officer finds that a violation exists and assesses the fine or if a violator
does not contest a citation as urovided in this chapter, and the violator fails to pay the
applicable fine the hearing officer may enter an order imposing the fines and administrative
costs previously set A certified copy of an order imposing a civil penalty may be recorded
in the public records and thereafter shall constitute a lien against the real and personal
property of the violator Upon~etition to the circuit court. such order maX be enforced in
the same manner as a court~>ent by the sheriffs of this State including l~vX a~ st the
personal property,, but such order shall not be deemed to be a court~udgment except for
enforcement purposes A civil penalty imposed pursuant to this Chapter shall continue to
accrue until the violator complies or until judgment is rendered in a suit to foreclose a lien
filed pursuant to this Chapter whichever occurs first After three (3) months from the date
of filing of any such lien which remains unpaid the City maX foreclose or otherwise execute
the lien.
S 'o 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.
e 'on 3. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
2 ORD N0.48-07
ti n 4. That this ordinance shall become effective immediately upon its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the 16~' day of October, 2007.
ATTEST:
~~~
Acting Ciry Clerk
First Reading ~%~Iac~o~
Second Reading~~ J tc~~007
MAYOR
3 ORD N0.48-07
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER.~~~
SUBJECT: AGENDA ITEM # I ~• ~ -REGULAR MEETING OF OCTOBER 16.2007
ORDINANCE N0.48-07
DATE: OCTOBER 10, 2007
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to amend Chapter 37, "Dekay Beach Code
Enforcement," of the Code of Ordinances by amending Section 37.45, "Supplemental Code
Enforcement Procedures", Subsection 37.45(L), "Recovery of Unpaid Civil Penalties; Unpaid Penalty
to Constitute a Lien; Foreclosure", to provide for the placement of liens due to unpaid citations.
BACKGROUND
At the first reading on October 2, 2007, the Commission passed Ordinance No. 48-07.
FUNDING SOURCE
N/A
RECOMMENDATION
Recommend approval of Ordinance No. 48-07 on second and final reading.
S:\City Clerk\AGF.NDA COVER MEMOS\Ordinance Agenda Memos\Ord 48-07 Ind Reading Delny Brach Code Enforcement 10.16.07.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY ~~'`~
THROUGH: CITY ATTORNEY
DATE: SEPTEMBER 25, 2007
SUBJECT: AGENDA ITEM # I ~ . ~-REGULAR MEETING OF OCTOBER 2, 2007
ORDINANCE 48-07/PLACEMENT OF LIENS DUE TO UNPAID
CITATIONS
ITEM BEFORE COMMISSION
The item before the Commission is Ordinance 48-07 which amends Section 37.45 of the City Code
regarding the placement of liens due to unpaid citations.
BACKGROUND
The Code Enforcement Division issues citations for certain violations of the City's Code of
Ordinances. Currently, if a citation is not appealed or paid a judgment from a court would be
required in order to place a lien on the property. This Ordinance provides that if the citation is not
appealed or paid, the City's hearing officer may issue an order imposing the fine and costs against
the real or personal property of the violator. Such order would then be recorded in the public
records and become a lien against the real or personal property of the violator.
RECOMMENDATION
Staff recommends approval of Ordinance 48-07.
ORDINANCE N0.48-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY
BEACH CODE ENFORCEMENT" OF THE CODE OF ORDINANCES
BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE
ENFORCEMENT PROCEDURES", SUBSECTION 37.45(L),
"RECOVERY OF UNPAID CNIL PENALTIES; UNPAID PENALTY
TO CONSTITUTE A LIEN; FORECLOSURE", TO PROVIDE FOR
THE PLACEMENT OF LIENS DUE TO UNPAID CITATIONS;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTNE DATE.
WHEREAS, the City has adopted a method of citing people for code violations by
the issuance of citations; and
WHEREAS, in cases where the citation is not paid or not appealed the City
wishes to place a lien against the real or personal property of the violator.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 37, "Delray Beach Code Enforcement", Section
37.45, "Supplemental Code Enforcement Procedures" is amended by amending
Subsection 37.45(L), "Recovery of Unpaid Civil Penalties; Unpaid Penalty to Constitute
a Lien; Foreclosure", to read as follows:
(L) Recovery of Unpaid Civil Penalties; Unpaid Penalty to Constitute a Lien;
Foreclosure.
(1) The City may institute proceedings in a court of competent jurisdiction to compel
payment of civil penalties.
(2) A certified copy of an order imposing a civil penalty shall be recorded in the public
records and thereafter shall constitute a lien against the property on which the violation
exists and upon any other real or personal property owned by the violator; upon petition
to the circuit court, such order may be enforced in the same manner as a court judgment
by the sheriffs of this State, including levy against the personal property, but such order
shall not be deemed to be a court judgment except for enforcement purposes. A civil
penalty imposed pursuant to this Article shall continue to accrue until the violator
complies or until judgment is rendered in a suit to foreclose a lien filed pursuant to this
Chapter, whichever occurs first. After three (3) months from the date of filing of any such
lien which remains unpaid, the City may foreclose or otherwise execute the lien.
(3) No lien provided under this Article shall continue for a period longer than twenty
(20) years after the certified copy of an order imposing a fine has been recorded, unless
within that time an action to foreclose on a lien is commenced in a court of competent
jurisdiction. In an action to foreclose on a lien, the prevailing party may recover interest
and all costs, including a reasonable attorney's fee, incurred in the foreclosure. The
continuation of the lien affected by the commencement of the action shall not be good
against creditors or subsequent purchasers for valuable consideration without notice,
unless a notice of lis pendens is recorded.
(4) If the hearing officer finds that a violation exists and assesses the fine, or if a violator
does not contest a citation as provided in this chapter, and the violator fails to pa~the
~plicable fine the hearing officer may enter an order imposing the fines and
administrative costs previous set. A certified copy of an order imposing a civil penalty
maybe recorded in the public records and thereafter shall constitute a lien against the real
and personal property of the violator. Upon petition to the circuit court, such order may
be enforced in the same manner as a court~ud~anent by the sheriffs of this State,
including ley +~against the personal proQerty, but such order shall not be deemed to be a
court judgment except for enforcement purposes. A civil penalty imposed pursuant to this
Chapter shall continue to accrue until the violator complies or until judgment is rendered
in a suit to foreclose a lien filedpursuant to this Chapter, whichever occurs first. After
three (3) months from the date of filing of any such lien which remains unpaid, the City
may foreclose or otherwise execute the lien.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declazed 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 declazed to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be,
and the same aze hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of , 2007.
ATTEST: MAYO R
City Clerk
First Reading
Second Reading
C L `, t-- G~h -e (d aJ
www.bocanews.com • Boca Raton/Delray Beach News -Friday-Saturday, October 5-6, 2007 13
NO'!'IC$S
100
ANN011NCEMENT&
CITY OF DELRAY BEACH,FLORIDA
NOTICE OF PUBLIC NEARING
PUBLIC HEARING will be held on the
following proposed ordinances at 7:00
p.m. on TUESDAY, OCTOBER 16,
2007 or at any continuation of such
,meeting which is set by the
Commission), in the Ciry Commission
Chambers, 100 N.W. 1st Avenue, Del-
,ray Beach, Florida, at which time the
'~ Cily Commission will consider their
adoption. The proposed ordinances
may be inspected at the Office of the
City Clerk at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Forida, be-
tween the hours of 6:00 a.m. and 5:00
p.m., Monday through Friday, except
holidays. All interested parties are in-
vited to attend and he heard with re-
spect to the proposed ordinances.
ORDINANCE N0.47-07
AN ORDINANCE OF THE CITY COM-'
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE .
LAND DEVELOPMENT REGULA-
TIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION
1.4.1, 'INTERPRETATION OF LAND
DEVELOPMENT REGULATIONS",
SUBSECTION (A), "BUILDING REG-
ULATIONS"; AMENDING ARTICLE
2.2, "ESTABLISHMENT OF BOARDS
HAVING RESPONSIBILITIES FOR
LAND DEVELOPMENT REGULA-
TIONS"; AMENDING SECTION 2.2.1,
SUBSECTION (A),
'QUALIFICATIONS"; AMENDING
SECTION 2.2.4, "THE BOARD OF
ADJUSTMENT', AND REPEALING
SECTION 2.2.5, 'THE BOARD OF i
CONSTRUCTION APPEALS", IN OR-)
DER TO COMBINE BOTH SECTIONS'
INTO A NEW SECTION 2.2.4, `THE
BOARD OF ADJUSTMENT"; AMEND-
ING SECTIONS 2.4.3, "SUBMISSION
REQUIREMENTS", SUBSECTION
(K)(1), °OEVELOPMENT APPLICA-
TIONS", IN ORDER 70 REMOVE
REFERENCE TO BOARD OF CON-
STRUCTION APPEALS; AMENDING
SECTION 7.1.3, "BUILDING CODE",
SUBSECTION (A), SECTION7.6.9,
"INVESTIGATION; NOTICE", SUB-
SECTION {A)(5), SECTION 7.6.12,
'STANDARDS FOR DETERMINING
ACTION TO BE TAKEN 8Y BUILDING
OFFICIAL", AND REPEALING SEC-
TION 7.8.13, 'PROCEDURAL MAT-
TERS, BOARD OF CONSTRUCTION
APPEALS", AMENDING SECTION
7.6.74, 'APPEALS, GENERALLY;
BOARD OF CONSTRUCTION AP-
PEALS", SECTION 7-8.15, ,
"DECISIONS, GENERALLY", SEC-'
TION 7.6.16, "APPEALS, AUTHOR-
-1ZED' FORM", SECTION 7.8.1;, ~'~
"HEARING, FAILURE TO APPEAR AT
HEARING, BOARD OF CONSTRUC- i
TION APPEALS", SECTION 7.6.18,
°RULES OF PROCEDURE FOR
HEARING APPEALS, BOARC O
CONSTRUCTION APPEALS", SEC-
TION 7.6.19. "STAYING OF NOTICE
UNDER APPEAL TO BOARD OF
CONSTRUCTION APPEALS", SEC-
TION 7.6.20, "FAILURE TO COMPLY
WITH FINAL ORDER OR DECISION",
SECTION 7.6.21, "RECOVER OF
COST OF DEMOLITION; LIENS",
AND SECTION 7.6.22, "VtOIATIONS;
PROVIDING FOR INDEPENDENT JU-
DICIAL PROCEEDING", IN ORDER
TO SUBSTITUTE "BOARD OF AD-
JUSTMENT" FOP "BOARD OF CON-
STRUCTION APPEALS"; PROVIDING
A SAVING CLAUSE, A GENERAL RE-
PEALER CLAUSE, AND AN EFFEC-
TIVE DATE.
ONDINANCE N0.48-07
AN RDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 37, "DELRAY BEACH
CODE ENFORCEMENT" OF THE
CODE OF ORDINANCES 8Y AMEND-
ING SECTION 37.45,
'SUPPLEMENTAL CODE EN-
FORCEMENT PROCEDURES°, SUB-
SECTION 37.45(L), "RECOVERY OF
UNPAID CIVIL PENALTIES; UNPAID
PENALTY TO CONSTITUTE A LIEN;
FORECLOSURE", TO PROVIDE FOR
rHE PLACEMENT OF LIENS DUE TO
JNPAID CITATIONS; PROVIDING A,
iAVING CLAUSE, A GENERAL RE-
'EALER CLAUSE, AND AN EFFEC-~
FIVE DATE.
Piease be advised that if a person de-
cides to appeal any decisron made by
the City Commission with respect to
any matter wnsidered at these hear-
ings, such person may need to ensure
Thal a verbatim record includes the
testimony and evidence upon which
the appeal is to be based. The Cily
does not provide nor prepare such
retard pursuaN to FS. 286.0105.
CITY OP DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
Publish: Friday, October 5, 2007
Roca RatodDelray Beach News