(a) If a pattern of nuisance activity exists upon real property, the City may declare the property to be a chronic nuisance property. The City's Declaration of Chronic Nuisance shall be sent to the property owner by hand delivery or certified mail, return receipt requested, to the address listed on the ad valorem tax roll. The City's Declaration of Chronic Nuisance constitutes a Notice of Violation which, if unaddressed in an executed Nuisance Abatement Agreement, may be prosecuted by the City before the City's Special Magistrate.
(b) Mailing to the property owner at the address listed on the ad valorem roll shall be prima facie proof of delivery. Notice shall also be posted at the property where the nuisance activities occurred. Removal of the posted Notice without written approval from the City is prohibited. The Declaration of Chronic Nuisance shall be sent with at least the following information:
(1) A reference to chapter 15, article XIII (the "City of Boynton 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 the 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
(7) A statement that the costs of any chronic nuisance services provided by the City to a property that has been declared to be a Chronic Nuisance may be levied against the property as a non-ad valorem assessment 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 statement that unpaid assessments may be certified to the tax collector for collection pursuant to the uniform method provided in F.S. § 197.3632.
(9) A warning that the posted notice cannot be removed except with written permission from the City.
(c) A Nuisance Abatement Agreement shall set forth a Corrective Action Plan with specific measures that the property owner must take 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 the property owner such as:
(1) Commencement of an eviction action by the property owner pursuant to F.S. Chapter 83 to remove from the property those individuals engaged in the nuisance activity;
(2) Implementation of "crime prevention through environmental design" (CPTED) measures;
(3) Frequency of site visits and inspections by the owner or owner's agents at various times of both day and night;
(4) Hiring of property management;
(5) Hiring of private security;
(6) Installation of security cameras;
(7) Use of a written lease agreement which delineates prohibited tenant or tenant invitee conduct;
(8) Criminal background checks for prospective tenants and lease renewals;
(9) The operator must post "no trespassing" signs at the property and execute 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) The operator must make regular requests to the police and fire departments for offense and incident reports relating to the property. Reports are available through the records division;
(11) Written documentation of any and all efforts to curtail or eliminate the reoccurrence of nuisance activities on the property;
(12) Other action that the City determines is reasonably sufficient to curtail or eliminate the re-occurrence of nuisance activities on the property.
(d) The Corrective Action Plan may require measures that conflict with the Land Development Regulations (LDR), Chapters 1 through 4. Where measures of the Plan conflict with the LDR, the measures specified in the Plan shall control. Further, site plan review shall not be required to implement the Corrective Action Plan.
(e) The City may agree to modify the proposed or finalized Nuisance Abatement Agreement when the property owner demonstrates that modification will improve nuisance abatement action.
(f) When a Nuisance Abatement Agreement is entered into, a memorandum of agreement specifying the property address shall be recorded by the City in the official records of Palm Beach County Florida.
(g) The City 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 City, the Declaration of Chronic Nuisance will be rescinded, the City 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 City may require the property owner to enter into a new Agreement if a nuisance activity re-occurs.
(h) If the City determines during the monitoring period that the Corrective Action Plan is not adequate to curtail or eliminate the re-occurrence of nuisance activities on the property, the City may require the property owner to revise the Corrective Action Plan. The determination as to whether or not the Corrective Action Plan is adequate is in the sole and exclusive discretion of the City, based on the totality of the circumstances for the specific property.
(Ord. No. 17-012, § 2, 6-6-17; Ord. No. 18-009, § 2, 6-19-18; Ord. No. 19-041, § 2, 12-3-19)