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HomeMy WebLinkAbout2008-15 Nuisance Abatement Code Amendment• • • ORDINANCE 2008-15 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, RELATING TO NUISANCE ABATEMENT; REPEALING DIVISION 3, "ABANDONED, INOPERATIVE AND JUNKED PROPERTY," OF ARTICLE II, "GARBAGE TRASH AND REFUSE," OF CHAPTER 14, "HEALTH AND SANITATION," OF THE VILLAGE CODE OF ORDINANCES; REPEALING ARTICLE IV, "WEEDS AND BRUSH," OF CHAPTER 14, "HEALTH AND SANITATION," OF THE VILLAGE CODE OF ORDINANCES AND REPLACING IT WITH A NEW ARTICLE IV, "ABATEMENT OF PUBLIC NUISANCES ON PRIVATE PROPERTY;" PROVIDING FOR DEFINITIONS; DESIGNATING USES AND ACTIVITIES CONSTITUTING A PUBLIC NUISANCE; PROVIDING FOR NOTICE AND THE RIGHT TO A HEARING; PROVIDING FOR ABATEMENT; PROVIDING FOR ASSESSMENT OF COSTS AND IMPOSITION OF A LIEN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Code currently addresses the abatement of nuisances in separate sections and provides procedures that are unduly cumbersome and difficult to enforce; and WHEREAS, in lieu of the existing provisions, the Village Council wishes to adopt a single procedure for the abatement of public nuisances on private property; and WHEREAS, the Village Council determines that adoption of this Ordinance is in the best interests of the health, safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby repeals Division 3, "Abandoned, Inoperative and Junked Property" of Article II, "Garbage, Trash and Refuse," of Chapter 14, "Health and Sanitation," of the Village Code of Ordinances in its entirety. Section 3. The Village Council hereby repeals Article IV, "Weeds and Brush," of Chapter 14, "Health and Sanitation," of the Village Code of Ordinances in its entirety and adopts a new Article IV to read as follows: ARTICLE IV. ABATEMENT OF PUBLIC NUISANCES ON PRIVATE PROPERTY Page 1 of 4 • • • 14-79. Definitions. The following words and phrases. when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Debris means any trash. rubbish. pipes. paper. wrapping, crates, boxes of any type. tin cans. wood. bottles. glass, animal and vegetable wastes. or other discarded materials. including vehicles. boats and boat trailers in a rusted, wrecked. iunked. inoperative or partially dismantled condition. Personal property means all forms of personal property and chattel, other than real property. Sec. 14-80. Uses or activities constituting a public nuisance. The following uses or activities upon any improved or vacant parcel, lot, tract. land or premises within the village shall constitute a public nuisance and a violation of this code. subiect to the nuisance abatement procedures set forth in this article and all other methods of code enforcement available to the village. including, but not limited to code enforcement proceedings and iniunctive relief The condition of ill repair or lack of maintenance of any real property such that the condition is deemed unsafe or creates a health, sanitation. or safety hazard. including. but not limited to, the harboring of rats. snakes and other vermin or the pooling of water that may serve as breeding grounds for insects and other disease vectors; The growth of weeds, grass. or other similar ground cover which exceeds twelve (12) inches in height for an improved lot and eighteen (18) inches in height for a vacant lot, or the uncontrolled growth of vegetation which fails to present a healthy appearance; or The presence, accumulation, storage. or otherwise keeping of debris or any abandoned. discarded. or unused personal property when not completely enclosed in a structure and visible at ground level from adioining properties or public rights -of -way. Sec. 14-81. Notice of public nuisance: right to request hearing., Authorized agents and employees of the village's community development department. in addition to code inspectors and law enforcement officers. are empowered to enter upon and inspect properties within the village on which a public nuisance is suspected to exist. All such persons shall be immune from prosecution. civil or criminal, for reasonable, good faith entry upon property within the village while discharging the duties outlined in this article. Page 2 of 4 • �b The village's community development director or designee is hereby authorized and directed to notify in writing the owner of any property upon which a public nuisance exists. as specified in section 14-80 above. The notice shall detail the nature of the public nuisance. the method(s) of correction. and the date by which corrective action must be completed. which shall be at least ten (10) days from the date of the notice. The notice shall further advise the property owner of the right to request a hearing as specified below. and that the failure to abate the nuisance will result in the village taking corrective action and the assessment of costs and imposition of a lien against the property. (c) The notice shall be sent to the owner of the property by certified maiL return receipt requested. at the address(es) maintained by the county_ property owner and tax collector and shall be posted on the property. is Prior to the date specified for corrective action in the notice, the property owner may make a written request to the community development director for a hearing before the village code enforcement board to show that the condition alleged in the notice does not exist or does not create a public nuisance. The code enforcement board shall conduct a hearing as soon as practicable after the receipt of such request. The property owner shall be notified of the hearing in the manner set forth in section 2-181 of the village code. Sec. 14-82. Abatement of public nuisance. If no hearing has been reauested and the condition described in the notice has not been corrected by the date specified in the notice. or if a hearing has been held and the code enforcement board has ruled adversely to the property owner. the community development director is authorized with approval of the Village Manager to cause the nuisance to be abated by the village or its agents at the expense of the property owner. Sec. 14-83. Assessment of costs and imposition of lien. (al When the village has abated or contracted for the abatement of a public nuisance as authorized by this article. the village community development director or village manager shall certify the costs incurred in remedying the condition, in addition to a $250.00 administrative fee. and assess that amount against the property. The assessment shall contain the legal description of the nronertv. the street address. and the total amount of the assessment. The village shall mail the assessment to the property owner via both certified mail. return receipt reauested. and regular U.S. mail and provide the property owner fifteen (15) days from the date of mailing in which to pay the assessment. (b) Should the property owner fail to pay the assessment, the village shall record the assessment in the public records. and the recording of the assessment shall create and constitute a lien against such property for the amount of the assessment. payable to the village. Page 3 of 4 • • (c) The assessment shall bear interest at the current legal rate of interest per annum as provided by law and shall constitute a lien upon the land from the date of the assessment. Lien assessments may be enforced by civil action in the appropriate court of competent iurisdiction. The lien created shall be a first lien. eaual to a lien for nonpayment of property taxes. on any property against which an assessment for costs to abate a nuisance has been recorded. The lien shall continue in full force until discharged by payment or otherwise or until settled and released by the community development director or the village manager. Section 4. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 6. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 9th DAY OF OCTOBER, 2008. PLACED ON SECOND, FINAL READING AND PASSED THIS 23rd DAY OF OCTOBER 2008. (Village Seal) :r9 z ATTEST: VILLAG CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: y � VILLAGE ATTORNEY A2/94 MAYOR Page 4 of 4