2008-15 Nuisance Abatement Code AmendmentORDINANCE 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 sepazate
sections and provides procedures that aze 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 ofthe health, safety and welfaze ofthe 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 aze 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," ofthe Village Code ofOrdinances 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
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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 wntext cleazly
indicates a different meanine:
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, junked, inoperative or partially dismantled condition.
Personal property means all forms of personal propertv and chattel other
than real propertk
Sec. 14-80. Uses or activities constitutive a public nuisance.
The followine uses or activities upon anv 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 proceedin sg and injunctive relief:
L1,2 The condition of ill repair or lack of maintenance of anv real
• propertv such that the condition is deemed unsafe or creates a
health, sanitation, or safety hazazd, 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, Brass, or other similar ground cover which
exceeds twelve f 12) inches in height for an improved lot and
ei htg Ben (18) inches in height for a vacant lot. or the uncontrolled
erowth of vegetation which fails to present a health~appeazance; or
The presence, accumulation, storage, or otherwise keepine of
debris or anv abandoned, discazded, or unused personal property
when not completely enclosed in a structure and visible at ground
level from adjoining_properties or public rights-of-wak
Sec. 14-81. Notice of public nuisance; right to request bearine.
~ Authorized a¢ents and employees of the villa¢e's wmmunity
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 dischazginp the duties outlined in this article.
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bL1 The village's community development director or desi ng ee is
• hereby authorized and directed to notify in writing the owner of an~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) davs from the date of the notice. The notice shall further advise the
property owner of the right to request a heazing as specified below, and that the
failure to abate the nuisance will result in the villa eg taking corrective action and
the assessment of costs and imposition of a lien against the propertk
(~ The notice shall be sent to the owner of the propertv by certified
mail, return receipt requested, at the address(es) maintained by the county
property owner and tax collector and shall be Hosted on the property
(~ Prior to the date specified for corrective action in the notice. the
propertv owner may make a written reauest to the community development
director for a heazing 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 heazing 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 ofthe village code.
Sec. 14-82. Abatement of public nuisance.
• If no hearing has been reouested 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.
(a~ 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 propertv. The assessment shall contain the legal description of the
property, the street address, and the total amount of the assessment. The village
shall mail the assessment to the propertv owner via both certified mail. return
receipt~uested, and regulaz U.S. mail and provide the propertv owner fifteen
(15) days from the date of mailing in which to pay the assessment.
(1b Should the propertv owner fail to ~av 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 propertv for the amount
of the assessment. payable to the village.
Page 3 of 4
~ The assessment shall beaz 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 ofcompetent jurisdiction. The lien created shall be
a first lien, equal to a lien for non~ayment of property taxes, on any property
aeainst which an assessment for costs to abate a nuisance has been recorded. The
lien shall continue in full force until dischazged by~avment or otherwise or until
settled and released by the community development director or the village manager.
•
C
Section 4. The provisions of this Ordinance shall become and be made a part of the Code of
the Village ofNorth 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 aze 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)
ATTEST:
~~~~
MAYOR
~~a~~ ~ /~~ ~!~
VILLAG CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
VILLAGE ATTORNEY
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