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.
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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.
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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.
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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.
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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_
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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.
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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.
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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
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MAYOR