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 Delray Beach
 Code of Ordinances
 Title 13. GENERAL OFFENSES
 Chapter 135. ABATEMENT OF NUISANCES

  § 135.70. FINES FOR NONCOMPLIANCE WITH ORDERS.  

Latest version.

  • (A)

    The Nuisance Abatement Board, upon notification by the City that an order of the Board has not been complied with by the set time or, upon finding, of a public nuisance, may order the violator to pay a fine in an amount specified in this Section for each day the violation continues past the date set by the Nuisance Abatement Board for compliance or in the case of a recurring public nuisance, for each date a recurring public nuisance continues beginning with the date the recurring public nuisance is found to have occurred by the City. A fine imposed pursuant to this Section shall not exceed two hundred fifty dollars ($250.00) per day for the violation and shall not exceed five hundred dollars ($500.00) per day for a recurring public nuisance. The total fines imposed pursuant to this section shall not exceed fifteen thousand dollars ($15,000.00).

    (B)

    A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the property upon which the violation exists. A lien arising from a fine imposed pursuant to this Section runs in favor of the City and the City may execute a satisfaction or release of lien entered pursuant to this Section. The City shall be entitled to collect all costs incurred, including reasonable attorney fees, in the recording of, the filing of a satisfaction of and foreclosure of a valid lien. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against the personal property, but shall not be deemed to be a court judgment expect for enforcement purposes.

    (C)

    After three (3) months from the filing of any lien which remains unpaid, the Nuisance Abatement Board may authorize the City Attorney to foreclose upon the lien. No lien created pursuant to the provisions of this Chapter may be foreclosed on real property which is a "homestead" under Article X, Section 4 of the State Constitution.

    (D)

    Where the City seeks to bring a nuisance abatement action based on a stolen property nuisance, against a property owner operating an establishment where multiple tenants, on one site, conduct their own retail business, the property owner shall not be subject to a lien against his or her property or the prohibition of operation provision if the property owner evicts the business declared to be a nuisance within 90 days after notification by registered mail to the property owner of a second stolen property conviction of the tenant.

(Ord. No. 53-97, passed 1/6/98; Ord. No. 4-05, § 3, passed 2/1/05)