TO: Mayor and Commissioners
FROM: R. Max Lohman, City Attorney
THROUGH: Mark R. Lauzier, City Manager
DATE: February 20, 2018
ORDINANCE NO. 03-18: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, “DELRAY BEACH CODE ENFORCEMENT GENERAL PROVISIONS”, BY REPEALING SECTIONS 37.01 THROUGH 37.46 AND READOPTING SAME, AS REVISED IN ORDER TO AMEND AND REVISE THE CITY’S CODE ENFORCEMENT PROCEDURES IN ACCORDANCE WITH CHAPTER 162, FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES (SECOND READING)
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Recommended Action:
Recommendation
Motion to approve Ordinance 03-18 amending Chapter 37 to conform to the requirements of Chapter 162, Fla. Stat. and allowing the City Manager to appoint a Code Enforcement Board attorney.
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Background:
Over the past three months, the City Attorney's office has undertaken a complete review of policies and procedures of the City's code enforcement operations. As part of this review, the City Attorney has engaged in all aspects of code enforcement, including preparing and presenting the cases to the code board, initiating code lien foreclosure actions, and training code board members and code enforcement officers on the requirements of the law, including due process rights and evidentiary rules. Throughout the review process several areas of improvement were identified. As a result, the City Attorney has drafted an amendment to Chapter 37 and recommends its adoption to address several procedural, legal, and operational deficiencies. These changes will make the City’s code enforcement operations consistent with state law, make the City's code enforcement process more efficient, and balance the needs of the citizens who are affected by code violations with the legal rights of the code violators.
1. Expand the City Manager's authority
The City Attorney recommends that the City Manager be dele...
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