2020-02 Code Amendment - Chronic Nuisance PropertyORDINANCE NO. 2020-02
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 14, "HEALTH
AND SANITATION," OF THE VILLAGE CODE OF ORDINANCES BY
AMENDING ARTICLE IV, "ABATEMENT OF PUBLIC NUISANCES ON
PRIVATE PROPERTY," TO UPDATE EXISTING PROCEDURES TO
REFERENCE THE SPECIAL MAGISTRATE; ADOPTING A NEW ARTICLE
V, "CHRONIC NUISANCE ABATEMENT PROPERTY CODE;" PROVIDING
FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS;
PROVIDING FOR A DECLARATION OF CHRONIC NUISANCE AND AN
ACTION PLAN; PROVIDING PROCEDURES FOR ENFORCEMENT;
PROVIDING FOR HEARINGS BEFORE THE SPECIAL MAGISTRATE;
PROVIDING FOR THE ENTRY OF A CHRONIC NUISANCE SERVICE
ORDER; PROVIDING FOR THE ESTABLISHMENT AND BILLING OF
COSTS; PROVIDING FOR THE ASSESSMENT OF LIENS; PROVIDING FOR
A CHANGE IN TITLE TO NUISANCE PROPERTIES; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council determines that there is a relative amount of police and fire rescue
services use to which each parcel of real property is entitled as a taxpayer of the Village; and
WHEREAS, the Village Council further determines that some properties, described as chronic
nuisance properties, require disproportionate police, fire rescue and code compliance services and
cause an unnecessary burden on those services and therefore on all taxpayers of the Village; and
WHEREAS, properties with a disproportionate number of service calls are an indication that such
properties are not being properly managed and/or maintained; and
WHEREAS, the Village Council deems it appropriate and in the best interests of the residents and
citizens of the Village of North Palm Beach to adopt a Chronic Nuisance Property Code to identify
and address properties that are not property managed and/or maintained and which negatively
impact both adjacent properties and the health, safety and welfare of the Village; and
WHEREAS, the Village Council further wishes to update the existing procedures applicable to the
abatement of public nuisances on private property to reference the special magistrate in lieu of the
code enforcement board.
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 14, "Health and Sanitation," of the
Village Code of Ordinances by amending Article IV, "Abatement of Public Nuisances on Private
Property," to read as follows (deleted language strive„ #ffo,,and additional language underlined):
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ARTICLE IV. ABATEMENT OF PUBLIC NUISANCES
ON PRIVATE PROPERTY
Sec. 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,
junked, inoperative or partially dismantled condition. This definition shall include
any vehicle, boat or boat trailer that does not possess a valid and current registration
or to which a valid and current license plate or registration decal is not affixed as
required by state law.
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, subject 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 injunctive relief:
(1) 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;
(2) The growth of weeds, grass, or other similar ground cover which
exceeds twelve (12) inches in height for improved and unimproved
lots, or the uncontrolled growth of vegetation which fails to present a
healthy appearance; or
(3) 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
adjoining properties or public rights-of-way.
Sec. 14-81. Notice of public nuisance; right to request hearing.
(a) 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
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from prosecution, civil or criminal, for reasonable, good faith entry upon property
within the village while discharging the duties outlined in this article.
(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.
(d) 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's eede enfer-eement boafd special magistrate to
show that the condition alleged in the notice does not exist or does not create a
public nuisance. The eode ova fe feement beafspecial magistrate 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 this Code.
Sec. 14-82. Abatement of public nuisance.
If no hearing has been requested 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 Bede o„f^rnoment board Special magistrate 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 two hundred fifty dollar ($250.00) administrative fee,
and assess that amount against the property. 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 property owner via both
certified mail, return receipt requested, and regular U.S. mail and provide the
property owner fifteen (15) days from the date of mailing in which to pay the
assessment.
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(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.
(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 jurisdiction. The lien created shall be a first lien,
equal 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 3. The Village Council hereby amends Chapter 14, "Health and Sanitation," of the
Village Code of Ordinances by adopting a new Article V, "Chronic Nuisance Property Code," to
read as follows (additional language underlined):
ARTICLE V. CHRONIC NUISANCE PROPERTY CODE
Sec. 14-91. Purpose and Intent.
(a) Purpose The purpose of this article is to identify properties that
have a significant adverse impact on the quality of life and safety of the surrounding
area, negatively affect the value of adjacent properties, and are a financial and
operational burden to the village by generating repeated calls for service.
b) Intent. The intent of this article is to:
1) Identify chronic nuisance activities and chronic nuisance conditions;
2) Hold accountable those persons responsible for such nuisance
activities and/or conditions on the property
(3) Penalize those who commit crimes or those who permit conditions
to exist that give rise to crime or excessive calls for service to the
police and fire rescue departments;
(4) Establish rules, procedures and penalties to address property owners
that have chronic nuisance issues and fail to take corrective
measures;
(5) Work in partnership with the owners to address the negative results
caused by chronic nuisance activities and/or conditions, and to
improve the vitality of neighborhoods by addressing excessive calls
for service to the police and fire rescue departments; and
(6) Establish the cost of Village response and enforcement services to
the property owners identified as owning chronic nuisance
properties.
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See. 14-92. Definitions.
When used in this article, the following terms shall have the meanings
ascribed to them in this section except where the context clearly indicates a different
meaning:
Action plan or corrective action plan means a plan prepared by the village,
incorporated into a nuisance abatement agreement and agreed to by the owner, to
address and eliminate nuisance activity on the owner's property by the
implementation of proactive steps by the property owner.
Chronic nuisance property means a property on which one or more
continuing nuisance activities occurs or reoccurs in accordance with the terms of
this article.
Chronic nuisance services mean remedial actions taken by the village to
eliminate or mitigate a nuisance condition that threatens the public health, safety or
welfare.
Nuisance activity means any activity relating to the following violations,
whenever engaged in by the property owner, operator, agent, tenant, or invitee of
the property owner, operator, agent or tenant (all references to Florida Statutes are
to Florida Statutes 2019 or as amended thereafter):
( 1) Chapter 3 - alcoholic beverages.
(2) Chapter 19, article V - noise control.
(3) Chapter 19, article II - sexual offenders and sexual predators.
(4) F.S. § 767.12 - dangerous dogs.
(5) F.S. § 784.03 - battery; felony batter.
(6) F.S. § 784.041 - felon b�M.
(7) F.S. § 784.045 - aggravated battery.
(8) F.S. § 790.10 - improper exhibition of dangerous weapons or
firearms.
(9) F.S. § 790.15(1) - discharging firearm in public.
(10) F.S. § 796.06 - renting space to be used for prostitution.
(11) F.S. § 796.07 - prostitution.
(12) F.S. § 800.03 - exposure of sexual organs.
(13) F.S. § 806.13- criminal mischief.
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(14) F.S. § 810.08 - trespass in structure or conveyance.
(15) F.S. § 810.09 - trespass on other than structure or conveyance.
(16) F.S. § 812.014 - theft.
(17) F.S. § 812.019 - dealinginstolen property.
( 18) F.S. § 812.173 — convenience business security.
(19) F.S. § 823.01 - nuisance.
(20) F.S. § 828.12 - cruelty to animals.
(21 ) F.S. § 843.01 - resisting officer with violence.
(22) F.S. § 843.02 - resisting officer without violence.
(23) F.S. § 856.011 - disorderly intoxication.
(24) F.S. § 856.015 - open house parties.
(25) F.S. § 856.021 - loitering or prowling_
(26) F.S. § 856.022 - loitering or prowling in close proximity to children.
(27) F.S. ch. 874 - criminal gang enforcement and prevention.
(28) F.S. § 877.03 - breach of the peace; disorderly conduct.
(29) F.S. ch. 893 - any offense under the Florida Comprehensive Drug
Abuse Prevention and Control Act, including but not limited to
public nuisances as defined by § 893.138.
(30) Any other offense under state or federal law that is punishable by a
term of imprisonment exceeding one (1) year.
(31) A call for service to property for police or fire rescue personnel to
assist an individual who displa s� symptoms of an overdose of a
controlled substance.
Nuisance abatement ygreement means an agreement entered into between
the village and the property owner that contains an action plan to be implemented
by the property owner to address and abate the nuisance activity.
Nuisance condition means any temporarypermanent condition on the
property which arises from nuisance activity.
Operator means any agent, emplo eeproperty manager, tenant, sub -tenant,
contractor, subcontractor, licensee, invitee, or other individual or entity that is
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authorized by the property owner to supervise, manager or otherwise control any
activities which may occur on the property.
Pattern of nuisance activity. Real property shall be deemed to exhibit a
pattern of nuisance activity if:
�1) The village's police department has responded to three (3) or more
nuisance activities at the property within thirty (30) days;
(2) The village's police department has responded to seven (7) or more
nuisance activities at the property within six (6) months; or
3) The village's police department or fire rescue department has
responded to three (3) or more calls for service within thirty_(30)
days or seven (7) or more calls for service within six (6) months to
assist an individual who displays the symptoms of an overdose of a
controlled substance.
Sec. 14-93. Construction and application.
A pattern of nuisance activity shall not be construed to include:
1) A nuisance activity that does not arise from the conduct of the
property owner, operator, agent, tenant, or invitee of the property
owner, operator, agent or tenant or where the property owner,
operator, agent or tenant is the victim of a crime;
(2) A complaint or call for service to which the village responded and
^^ the village determined that no violation was committed; or
(3) A domestic violence call.
Sec. 14-94. Separate occurrences.
For purposes of this article, every instance that the police department or fire
rescue department responds to a nuisance activity at the property shall be a separate
occurrence.
Sec. 14-95. Declaration of chronic nuisance; action plan.
(a) Declaration of chronic nuisance property. If a pattern of nuisance
activity exists upon real property, the village shall declare the property to be a
chronic nuisance property. The village shall send its declaration of chronic nuisance
to the property owner by hand delivery or certified mail, return receipt requested,
and first-class mail to the address listed on the ad valorem tax roll or the property
appraiser's database. The declaration of chronic nuisance property constitutes a
notice of violation which, if unaddressed in an executed nuisance abatement
agreement, may be prosecuted by the village before the village's special magistrate.
Mailing to the _property owner at the address listed on the ad valorem tax roll or the
property appraiser's database shall be prima facie proof of delivery. Notice shall
also be posted at the property where the nuisance activities occurred. Removal of
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the posted notice without written approval of the village is prohibited and shall
constitute a separate violation of this article.
(b) Contents of declaration of chronic nuisance propegy. The
declaration of chronic nuisance property shall contain at least the following
information:
(1) A reference to chapter 2, article VIII (the "Village of North Palm
Beach Chronic Nuisance Property Code");
(2) The address and parcel control number of the property
(3) The dates that the nuisance activities occurred at the property;
(4) A description of the nuisance activities,
(5) A proposed nuisance abatement agreement which outlines the
corrective action to be taken by the property owner to remedy the
nuisance activity.
(6) A statement that the property owner's failure to enter into a nuisance
abatement agreement within fifteen (15) days of the declaration of
chronic nuisance will result in a violation of this article and further
prosecution and enforcement action by the village before the
village's special magistrate or by other legal actions available to the
village.
(7) A statement that the costs of any chronic nuisance services provided
by the village to a property that has been declared to be a chronic
nuisance property may be levied against the property as a lien
superior to all other private rights, interests, liens, encumbrances,
titles and claims upon the property and equal in rank and dignity
with a lien for ad valorem taxes; and
(8) A warning that the posted notice cannot be removed except with
written permission from the Village.
C) Nuisance abatement akreement. A nuisance abatement agreement
shall set forth a corrective action plan with specific measures that the property
owner must talce to curtail or eliminate the reoccurrence of nuisance activities at the
property. The nuisance abatement agreement shall contain a timetable for
corrective action The corrective action plan may include abatement measures
which must be taken by property owner including, but not limited to:
1) Commencement of an eviction action to remove those individuals
engaged in the nuisance activity from the property;
(2) Implementation of crime prevention through environmental design
(OPTED) measures;
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(3) Frequency of site visits and inspections at various times of both day
and night;
(4) Hiring of property management;
(5) Hiring of private security,
(6) Installation of security cameras with recording capabilities;
7) Use of a written lease agreement for rental properties or a written
register confirmed with official identification for public lodging
establishments;
(8) Criminal background checks for prospective tenants and lease
renewals;
(9) Posting of "no trespassing" signs at the property and execution of a
"no trespass affidavit" authorizing the police department to act as an
agent of the property owner to enforce trespass statutes on the
property;
(10) Regular requests to the police department for offense and incident
reports relating the property.
(11) Written documentation of all efforts to curtail or eliminate the re-
occurrence of nuisance activities on the property;
(12) Any other action that the village determines is reasonably sufficient
to curtail or eliminate the reoccurrence of nuisance activities on the
property.
(d) Modification of nuisance abatement agreement. The village may
agree to modify the proposed or finalized nuisance abatement agreement when the
property owner demonstrates that modification will improve the nuisance
abatement action.
(e) Recording of memorandum of agreement. When a nuisance
abatement agreement is entered into, a memorandum of agreement specifying the
property address shall be recorded by the village in the public records of Palm
Beach County, Florida.
Monitorinz and compliance. The village will periodically monitor
the property to assure compliance for a period of one (1) year following execution
of the agreement. If the property owner complies with the agreement, as
determined by the village, the declaration of chronic nuisance will be rescinded, the
village will issue and record a notice of compliance related to the memorandum of
agreement that was previously recorded, and no further action by the property
owner shall be required. The village may require the property owner to enter into
a new agreement if a nuisance activity reoccurs.
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() Inadequacy of action plan. If the Village determines during the
monitoring period that the action plan is not adequate to curtail or eliminate the
recurrence of nuisance activities on the property, the village may require the
property owner to revise the action plan. The determination as to whether or not
the monitoring_ period is adequate is in the sole and exclusive discretion of the
village, based on the totality of circumstances for the specific property.
Sec. 14-96. Refusal to sign or violation of agreement.
When a property owner refuses to timely enter into a nuisance abatement
agreement or subsequently violates the terms of an agreement, the village may
prosecute its declaration of chronic nuisance at a hearing before the village's special
magistrate. The village shall issue the notice of hearing within fifteen (15) days
from the deadline for entry into a nuisance abatement agreement or the violation of
a provision of the agreement or action plan. The village shall notify the property
owner with a copy of the notice of hearing by hand delivery or by certified mail,
return receipt requested and first-class mail.
Sec. 14-97. Hearing before the special magistrate; entry of chronic nuisance
order.
(a) Scope of hearing. The hearing before the special magistrate shall be
limited to the review of the record or evidence upon which the village based the
declaration of chronic nuisance or the failure by the property owner implement the
agreement or action plan and any rebuttal offered by the property owner. All
testimony shall be under oath and the village and the property owner shall be
afforded the opportunity to call or cross-examine any witness.
(b) Decision of special magistrate. After hearing the testimony and
evidence, the special magistrate shall either uphold or reject the village's declaration
of chronic nuisance or notice of violation regardingi the corrective action plan, as
appropriate. The decision of the special magistrate shall be in writing and shall be
deemed final.
,(c) Entry of chronic nuisance order. If the special magistrate upholds
the notice of violation, the special magistrate shall enter a chronic nuisance order
which shall:
(1) Enter findings of fact establishing a pattern of nuisance activity
violation of this article;
(2) Authorize the village to provide chronic nuisance services to the
property;
(3) Authorize the village to bill the costs of any chronic nuisance
services to the owner of the chronic nuisance property,
(4) Authorize the village to require the owner of the chronic nuisance
property to implement reasonable and specific measures that the
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property owner must take to curtail or eliminate the reoccurrence of
nuisance activities on the property;
(5) Provide for the mailing of a copy of the chronic nuisance service
` order by first class mail to any mortgagee of record. Failure to
provide a copy of the chronic nuisance service order to a mortgagee
of records shall not operate to release or discharge any obligation
under this article or otherwise affect the validity of a chronic
nuisance service order;
(6) Provide for the recording of a certified copy of the chronic nuisance
service order in the public records; and
(7) Provide for continuing_ jurisdiction over the chronic nuisance
property_
d) Reiection of declaration of chronic nuisance. If the special
magistrate rejects the village's declaration of chronic nuisance or notice of
violation, the special magistrate shall identify the factual, procedural or legal_error
upon which the decision is based. An order rejecting the village's declaration of
chronic nuisance shall not bar the village from recommencing the chronic nuisance
process.
e) Anneal of special mazistrate's order. The property owner or the
village may appeal a final order of the special magistrate to the Palm Beach County
Circuit Court. Such an appeal shall not be a hearing de novo, but shall be limited
to appellate review of the record created before the special magistrate. An appeal
shall be filed within thirty_(30) days of the execution of the order to be appealed.
Finalitv and duration of chronic nuisance order. An order is final
on the date the order is signed_ by the special magistrate and filed with the village
clerk. The chronic nuisance order entered in accordance with this section shall be
terminated by subsequent order of the special magistrate when the property owner
requests reconsideration of the original order and the special magistrate finds that
the nuisance activities have been abated at the property for a period of one (1) year
from the date of the order. It is the responsibility of the property owner to contact
the village to document the abatement. If the village determines that the nuisance
has been abated, the one-year time period specified herein shall commence as of
the date of the village's abatement determination.
Sec. 14-98. Abatement of chronic nuisances; apportionment.
a) Abatement by villaze. The village may abate chronic nuisances on real
property by providing chronic nuisance services to curtail or eliminate the re-
occurrence of nuisance activities. The costs of such chronic nuisance services shall
be billed to the propertv owner and such costs may be collected by the village by
M legal means.
(b) Apportionment. Chronic nuisance service costs shall be entirely
apportioned to the assessed real property receiving the chronic nuisance service.
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Sec. 14-99. Establishment of costs; billing of costs; assessment of lien.
(a) Chronic nuisance service costs. All chronic nuisance service costs
shall be established based upon the actual costs incurred by the village.
,(b) Billing of chronic nuisance service costs. The village shall bill all
chronic nuisance service costs to the owner of the chronic nuisance property by first
class mail to the address listed on the ad valorem tax roll or the property appraiser's
database. The bill shall contain at least the following information:
�1) The address and parcel control number of the chronic nuisance
property;
(2) The date of each chronic nuisance service;
(3) A description of each chronic nuisance service;
(4) The amount of the bill for each chronic nuisance service;
(5) A statement that the total amount of the bill shall be paid to the
village within thirty (30) days from the date of the bill and that any
chronic nuisance service cost which has not been paid within thirty
(30) days from the date of the bill shall be delinquent; and
6) A statement that anv unpaid chronic nuisance service costs will be
levied against the property as a lien superior to all other private
rights; interests, liens, encumbrances, title and claims upon the
property and equal in rank and dignity with a lien for ad valorem
taxes.
(c) Assessment of lien. The total amount of the bill shall be paid to the
village within thirty (30) days from the date of the bill. Unless payment is made
within thirty (30) days from the date of the bill, the village council may, by the
adoption of a resolution levying such charges, assess against the property a lien in
the amount of the charges outstanding, or such lesser amount as the village council
shall decide is just and fair. Assessment of liens levied in this manner shall be filed
in the office of the village clerk and in the public records of the county as a lien
against the property and shall be prior in dignity to all other liens against the
property, save and except a lien for taxes. Such assessments shall bear interest at
the legal rate and such liens may be foreclosed in the same manner in which
mortgage liens are foreclosed. All costs, fees and expenses, including reasonable
attorney fees and title search expenses, related to any foreclosure action shall be
included in any i udgment or decree rendered.
Sec. 14-100. Method of notice; construction.
(a) Notice. Unless otherwise provided, notice required by this article shall
be by hand delivery or certified mail, return receipt requested, and by first-class
mail to the address listed on the ad valorem tax roll or property appraiser's database.
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(b) Construction of notice. A property owner shall be deemed to have
notice of a nuisance activity if that property owner:
(1) has actual knowledge of the nuisance activity,
(2) has received notice of the nuisance activity
(3) has reason to know or should know about the nuisance activity
(4) knows about a fact related to the nuisance activity, or
(5) is able to ascertain the existence of a nuisance by checking an
official filing or recording.
(c) Lack of knowledge or Participation. The lack of knowledge of,
acquiescence, or participation in, or responsibility for a nuisance activity on the part
of property owner shall not be a defense to any enforcement of this article.
Sec. 14-101. Change in title to chronic nuisance property.
(a) Purchase o� judicial sale upon final Lmom ent o f foreclosure. Every
purchaser of a chronic nuisance property at judicial sale upon final judgment of
foreclosure shall provide the village with an action and implement an action plan
no later than forty-five(45) days from the date of the sale.
(b) Receivership. Every trustee of a chronic nuisance property appointed
after the entry of a chronic nuisance service order shall provide the village with an
action plan and implement the action plan no later than forty-five (45) days from
the date of appointment of receiver in any state or federal action at law.
(c) Probate. Every personal representative of an owner of a chronic
nuisance propertyshall the village with an action plan and implement an
action plan no later than forty-five (45) dqys from the date of appointment. If the
owner of the chronic nuisance property died intestate, beneficiaries of the estate
shall be required to provide the village with an action plan and implement an action
plan.
d) Other chanzes in title to chronic nuisance property. An arms -length
purchaser of a chronic nuisance property that has purchased the property after entry
of a chronic nuisance service order for the property shall have forty-five (45) days
from the date of closing or recording of the order, whichever occurs last, to provide
the village with an action plan and implement the action plan.
Page 13 of 14
Sec. 14-102. Construction of article.
(a) Imposition of administrative fines. This article shall not be construed
to limit the village from imposing administrative fines in accordance with chapter
2, article VI, of this Code.
(b) Nuisance abatement. This article shall not be construed to conflict
with the public nuisance abatement process in accordance with chapter 14, article
IV. of this Code.
(c) Exemptions. This article shall not be construed to applesproperty
owned by the village or an o�governmental entity.
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 25TH DAY OF JUNE, 2020.
PLACED ON SECOND, FINAL READING AND PASSED THIS 9TH DAY OF JULY, 2020.
(Village Seal)
ATTEST:
f, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE A RNEY
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MAYOR