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2014-13 Code Amendment - Abatement of Unsafe Buildings and StructuresORDINANCE NO. 2014 -13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 6, `BUILDINGS AND BUILDING REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE IV, "ABATEMENT OF UNSAFE OR UNSANITARY BUILDINGS;" PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR A DEFINITION OF AN UNSAFE OR UNSANITARY BUILDING OR STRUCTURE; PROVIDING FOR ENFORCEMENT AND RIGHT OF ENTRY; PROVIDING PROCEDURES FOR ISSUANCE AND SERVICE OF NOTICES; PROVIDING FOR A HEARING; PROVIDING FOR RECOVERY 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 Council wishes to adopt a procedure whereby it may address and abate unsafe or unsanitary buildings and structures that may exist within the Village and recover the costs expended for such abatement activities in the form of a special assessment lien; 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 amends Chapter 6, "Buildings and Building Regulations," by adopting a new Article IV, "Abatement of Unsafe Buildings," to read as follows (additional language underlined): ARTICLE IV. ABATEMENT OF UNSAFE OR UNSANITARY BUILDINGS Sec. 6 -72. Purpose and scope. La) The purpose of this article is to protect the public health, safety and welfare by ensuring that all buildings and structures within the village are in a safe, sanitary_ and habitable condition and are free from fire and other hazards incidental to their use and occupancy. The provisions of this article shall apply to all unsafe or unsanitary buildings and structures, as herein defined, and shall apply equally to new and existing conditions. Page 1 of 8 Sec. 6 -73. Unsafe or unsanitary buildings and structures. An unsafe or unsanitary building or structure means any building, structure or property that endangers the life, health, property or safety of individuals or the general public and has any of the following conditions. The building or structure is abandoned and open at the windows or doors so as to allow vagrants or other unauthorized persons to enter the building and structure, thereby creating a nuisance for those residing within its vicinity. Q AU exterior appendage or portion of the building or structure is not securely fastened, attached or anchored thereby posing a danger to persons residing_ within the building or structure and to those residing within its vicinity_ An unsafe or unsanitary condition exists within the building or structure by reason of water intrusion or inadequate or malfunctioning sanitary facilities, waste disposal systems, illumination or ventilation. The building, structure or portion thereof, as a result of decay, deterioration or dilapidation, is likely try or partially collapse. The building or structure is in such a dilapidated condition due to lack of maintenance and/or repair that it is unfit for human habitation or presents a fire hazard. The building, structure,_ property or portion thereof is in such a condition as to constitute a public nuisance. Sec. 6 -74. Enforcement and right of ent U The provisions of this article shall be enforced by the community development director. fb,) The community development director or his /her authorized designee, in accordance with the provisions of this section, may enter any building or premises at all reasonable times to make an inspection or enforce any of the provisions of this article. In cases of emergencies or exigent circumstances where extreme hazards are known to exist, the community development director may enter the building, structure, or premises at any time. Lc) When attempting to enter a building„ structure or premises that is occupied, the community development director or his /her authorized designee shall first identify him or herself, display proper credentials and request entr . IIf the building, structure, or premises is unoccupied, the community development director shall first make a reasonable effort to locate the owner or other persons having charge of the building and nd request entry. If entry is refused, or if the owner or other persons having charge of an unoccupied building cannot be located, the community development director shall have recourse to every remedy provided by law to secure entry, including an inspection warrant. Page 2 of 8 td) When the community development director or his /her authorized designee shall have obtained permission to enter, secured an inspection warrant, or obtained another remedy provided by law to secure entry, no person shall fail, after proper credentials are displayed, to promptly permit entry into the building, structure or premises by the community development director or his/her authorized designee for the purpose of inspection and examination pursuant to this section. Any person violating this section maybe prosecuted within the limits of the law. Sec. 6 -75. Inspection. The community development director shall inspect, or cause to be inspected, any building, structure or portion thereof which is or may be unsafe or unsanitary After the community development director has inspected or caused to be inspected a building, structure or portion thereof, and has determined that such building, structure or portion thereof is unsafe or unsanitary, he /she shall initiate proceedings to cause the abatement of the unsafe or unsanitary condition by repair, vacation or demolition, or any combination thereof. Sec. 6-76. Violations. U Whenever the community development director has determined that such structure, property or portion thereof is unsafe or unsanitary, the community development director shall prepare a written notice of violation to be issued to the owner of record and all interested parties (defined as any person or entity having a legal or equitable interest in the property by virtue of a mortgage, lien or similar instrument) as identified by a search of the public records in and for Palm Beach County. fib,) The notice of violation shall contain, but not be limited to, the following information: The street address, legal description and property control number of the building, structure or property. A statement indicating the building or structure has been declared unsafe or unsanitary by the community development director, and a summary of the conditions that led to the community development director's determination. A statement advising that if the following required action as determined by the community development director is not commenced within or completed by the time specified, the building will be ordered vacated and posted to prevent further occupancy until the work is completed. a. If the building or structure is to be repaired, the notice shall require that all necessary_ permits be secured and the work commenced within 30 days and continued to completion within such time as the community development director determines. Page 3 of 8 b. If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed. C. If the building or structure is to be demolished, the notice shall require that all required permits for demolition be secured and that the demolition be completed within such time as determined reasonable by the communi1y development director. If the building is occupied, the notice shall require that the premises be vacated within 30 days. State that if the building or structure is not brought into compliance in accordance with the notice or a hearing is not timely requested, a notice of pending administrative action may be recorded in the public records. (55) State that the community development director may cause the work to be done and after such repair, reconstruction, alteration, removal and /or demolition by or on behalf of the community development director, the village may record a lien against the property in accordance with this article to recover the costs incurred by the village in performing the work. State that if the property owner or other interested party wishes to contest in whole or in part the material allegations in the notice, the property owner shall have a right to hearing_ Any request for a hearing must be made in writing within fifteen (15) days of receipt of the notice of violation or the right to hearing is waived. (c) If a building or structure is not brought into compliance in accordance with the notice or a hearing is not timely requested, a notice of pending administrative action shall be recorded with the county clerk of court, served u op n the property owner and other interested parties as indicated below and contain the name of the property owner, the property address and legal description. This notice shall remain until such time as the conditions rendering the building or structure unsafe have been abated. At such time, the community development director shall file a release of the notice of pending administration with the county clerk of court. Sec. 6 -77. Service of notice of violation. The notice of violation shall be served either personally or by certified mail postage pre -paid, return receipt requested, to each owner at the address as it appears in the official public records and to other known interested parties. If addresses are not available for any person required to be served the notice, the notice addressed to such person shall be mailed to the address of the building or structure involved in the proceedings. The failure of any person to receive notice, other than the owner of record, shall not invalidate any_proceedings under this section. Service by certified or registered mail as herein described shall be effective on the date the notice was received as indicated on the return receipt. The notices shall also be posted on the property for a period of ten days. In the event the certified mail is unclaimed or refused or the return receipt is otherwise not received, the notice shall be deemed received at the expiration of the ten -day posting period. Page 4 of 8 Sec. 6 -78. Placard nostinLy. In addition to complying with the above, a notice shall be posted at the primary entrance to the building or structure ordered vacated and shall essentially state: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANY HAS BEEN PROHIBITED BY THE VILLAGE PURSUANT TO CHAPTER 6, ARTICLE IV OF THE VILLAGE CODE OF ORDINANCES. IT IS UNLAWFUL FOR ANY PERSON TO ENTER, OCCUPY OR RESIDE IN THIS BUILDING AND VIOLATORS WILL BE SUBJECT TO ARREST. Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person to remove such notice or enter the building except for the purpose of making the required repairs or demolishing the structure. Any violation of this provision shall be punishable in accordance with Section 1 -8 of this Code. Sec. 6-79. Hearing. (al The village council shall ap oip nt a special magistrate to conduct all hearings contemplated by this section. The special magistrate shall serve at the pleasure of the village council and may be removed by the village council at any time, with or without cause. The code enforcement special magistrate may serve as the unsafe building magistrate to enforce the provisions of this article. Any interested party entitled to notice may request a hearing before the special magistrate. Such request must be in writing and received by the community development director within fifteen (15) dqys from the date of service and must contain, at a minimum, the following: Q) Identification of the building or structure by street address; Legal interest of person requesting the hearing; Statement detailing the issues on which he or she desires to be heard; The legal signature of the person requesting the hearing, his or her telephone number and mailing address. Upon timely receipt of the request, the community development director shall schedule a hearing before the special magistrate as soon as practicable. Written notice of the hearing shall be delivered personally or by certified mail, return receipt requested, to the party requesting the hearing at the address provided in the request. (c) A hearing before the special magistrate shall offer the property owner and other legally interested parties a reasonable opportunity to be heard on any matter or issue that is relevant to the proceeding The Property owner or interested parties may appear at the hearing in person or through an attorney or other designated representative. Failure of any person to appear at any hearing scheduled in accordance with this section shall constitute a waiver of that person's right to a hearing_ Page 5 of 8 The special magistrate may obtain the issuance and service of subpoenas for the attendance of witnesses or the production of evidence at the hearings. Subpoenas may be issued by the special magistrate at the request of any party involved in the hearing_ Le,) All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Sec. 6 -80. Implementation. La) If no hearing is timely requested as set forth above the community development director may take action to repair or reconstruct the building_ structure or portion thereof and /or to cause the building or structure to be removed or demolished if required by the notice. If a hearing is requested, and the special magistrate determines: LD That the condition exists as set forth in the notice of violation, and that the remedial action required in the notice has not been voluntarily completed by the property owner, or other le ag_lly interested party, the special magistrate shall issue a written order authorizing the community development director to repair reconstruct the building, structure or portion thereof and /or to cause the building or structure to be removed or demolished. That the condition, as set forth in the notice of violation does not exist or has been corrected as required by the notice of violation the notice of violation shall be dismissed by written order of the special magistrate and the notice of pending administrative action shall be released. Lc) The community development director may, upon written request of the property owner, grant an extension of time as the community development director may determine to be reasonable to complete the required remedial action. If the extensions of time, in total, exceed 120 days, the special magistrate without further public hearing, must also approve the extension. Sec. 6 -81. Appeal. An aggrieved _ party, including the village, may appeal a final order of the special magistrate by filing a petition for writ of certiorari with the circuit court. Said appeal must be filed within 30 days from the effective date of the special magistrate's written order. Sec. 6 -82. Performance of work. The repair or demolition of an unsafe building or structure as required in the notice by the community development director or the final decision by the special magistrate shall be performed in an expeditious and workmanlike manner in accordance with the requirements of all applicable codes and accepted engineering practice standards. Page 6 of 8 Sec. 6 -83. Recovery of costs. I Whenever a building or structure is repaired or demolished in accordance with the provisions of this code and the cost of such repair or demolition is borne by the village, all costs incurred by the village, including, but not limited to, the cost incurred in searching the public records to determine the record owners and interested parties, the costs of administration and mailing, and the cost of conducting any hearings, shall be assessed to the owner of the affected land or premises and shall become a lien against such land or premises as provided in this article. The community development director shall certify the costs borne by the village, as described above, and shall serve such cost certification upon the property owner by certified mail return receipt requested and by first class mail. This cost certification is a demand for payment from the property owner. Sec. 6 -84. Imposition of lien. Caj If the owner fails to make payment within 30 days of the issuance of the community development director's cost certification, the amount of the certified costs shall be assessed by the special magistrate against the affected land and such special assessment shall create and constitute a lien against such land, payable to the village. Qb) Said 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 and shall be collectible in the same manner as liens for taxes and special assessments and with the same attorneys fee, penalties for default in payment, and under the same provisions as to sale and forfeiture. CcJ Collection of such assessments, with such interest and with a reasonable attorney's fee, may also be made by the village council by proceedings in a court of competent jurisdiction to foreclose the lien of the assessment in the manner in which a lien for mortgages is foreclosed under the laws of the state and it shall be lawful to join in any complaint for foreclosure any one or more lots or parcels of land, by whomever owned, if assessed under the provisions of this section. Property subject to lien may be redeemed at any time prior to sale by its owner by paying the total amount due under the corresponding assessment lien including interest, court costs, advertising costs and reasonable attorney's fees. Sec. 6 -85. Authority to expend funds. Nothing contained herein shall require the village council to appropriate or expend any funds to carry out the purpose of this section. The authority_ granted herein is permissive and shall not be construed to impose an obligation on the community development director or the village. Page 7 of 8 See. 6 -86. Provisions supplemental. The provisions of this article shall not be deemed to repeal or modify any village ordinance or provision of the village code relating to the condemning of buildings and structures or preclude the exercise of emergency powers. The provisions of this article shall be supplemental and in addition to the powers that may be exercised by the village council, its officers and employees. Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Section 4. 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 5. 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 6. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 13TH DAY OF NOVEMBER, 2014. PLACED ON SECOND, FINAL READING AND PASSED THIS 11TH DAY OF DECEMBER, 2014. (Village Seal) ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 8 of 8 MAYOR