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 West Palm Beach
 Code of Ordinances
 Chapter 74. SOLID WASTE
 Article IV. ENFORCEMENT

  § 74-85. Failure of property owner to comply; abatement of violation.  

Latest version.

  • (a)

    When notified of a violation as set forth in chapter 26 of this Code, the occupant or owner shall comply with the cited code sections within the time period specified. Unless the occupant or owner corrects the violation or appeals within the time specified in chapter 26 of this Code, the city shall have the right to enter upon the property and take such steps either by city employees, servants, agents or contractors, who shall be authorized to enter upon the property and take such steps as are reasonably required to abate the condition. Thereafter, the mayor shall certify the expense incurred by the city in abating the nuisance, whereupon such expense, together with the applicable administrative fee, shall be billed to the property owner and shall become due and payable within 30 days of the mailing of such bill. Any such expense which has not been paid within the 30-day period shall be a special assessment lien upon the property superior to all other liens, encumbrances, titles and claims and equal in rank and dignity with a lien for ad valorem taxes. Such lien shall be payable with interest at the legal rate until paid, and may be foreclosed in the manner provided by law or ordinance.

    (b)

    Nothing in this chapter shall prohibit the city from abating nuisances pursuant to this section during the pendency of an appeal of a violation issued pursuant to this chapter unless a stay has been granted by the special magistrate, or as otherwise provided for and authorized by the Florida Rules of Appellate Procedure.

    (c)

    Nothing in this section shall be construed to prohibit the city from immediately abating nuisances on an emergency basis by notifying the property owner of the existence of the nuisance, allowing the owner a period of two days from receipt of the notice to either abate the nuisance or file an appeal and if not completed or appealed within such time the city or its contractor may abate the nuisance and the cost of such abatement shall be a special assessment lien on the property. An emergency is defined as any condition contained in this chapter which poses physical danger to the public.

(Ord. No. 4160-08, § 2, 9-22-2008)