What do I do if I receive a violation notice?
You should first read through the notice to ensure it describes property you currently own. Because there is a lag between an actual sale and the publication of update information, it is possible that you no longer own the property at which the cited violation occurs. If you do not own the property or if you do own the property but feel that some mistake has been made please e-mail us at CodeEnforcement@MyDelrayBeach.com or (561)243-7219.
The notice will describe the violation and the applicable ordinance section. The notice will include a final correction date. In most cases, if you need more time to correct a violation, simply contact the Code Enforcement Officer listed on the notice.
If you disagree that you are in violation with an ordinance, please contact us at (561) 243-7219, so that we can further discuss the matter. If the matter can not be resolved, a hearing before the Code Enforcement Board will be scheduled. In most cases, action required to comply with an ordinance will be apparent. A re-inspection will automatically be conducted on or about the final inspection date.
How can I report a complaint or inquire about division cases?
Complaints may be registered by calling (561) 243-7219 or by sending an e-mail to CodeEnforcement@MyDelrayBeach.com. It is important that exact descriptions of the problems and exact addresses of where the problems are occurring be reported. The more information that can be reported, the more rapidly and successfully investigations will be completed.
Because some are reluctant to leave their names or contact information, anonymous complaints are accepted. All Division files are public records and subject to inspection upon notice.
At the time a complaint is given, Division personnel may be able to determine that it is a type of problem not handled by the Division. We will make every attempt to refer you an agency that will be able to provide help.
Division policy is to investigate complaints within 24 hours of receipt. However, resolution of complaints usually takes longer. We are required to follow statutory and legal requirements pertaining to service of notice and due process.
If you request a case number at the time you register a complaint, you will be able to easily follow up on Division actions by mentioning the case number. When contacting us without a case number, complaint status can also be determined by mentioning the address where the problem occurs.
Although our personnel strive to obtain voluntary compliance with codes, the Division employs a variety of techniques when voluntary compliance is not obtained. These are:
- Code Enforcement Board
- County Court Citation
- Notice to Appear
The most frequently cited City codes are:
The Board convenes twice per month except during November and December when hearing occurs once per month. Hearings always occur on the second and fourth Tuesdays of each month (except as noted above), at 1:30PM in the City Hall Commission Chambers.
Under State Statutes, the Code Enforcement Board has power to order compliance with codes and assess fines for non-compliance. Fines which are assessed but not paid are recorded as liens against the real property where the violations occurred.
All orders issued by the Board are written and served on the appropriate parties. The City Attorney's office provides legal representation for the Board which Code Enforcement personnel prosecute individual cases.
Although formal rules of evidences do not apply, due process requirements must be followed. Parties charged with violations may be represented by attorneys and must be given the rights to be heard, to cross examine witnesses, to call witnesses, to examine and to introduce evidence.
All hearings are open to the public and subject to all state laws governing public hearings. Witnesses testify under oath concerning relevant matters pertaining to case violations.
Appeals of Code Enforcement Board Orders are to the Circuit Court and must be made no later than 30 days from execution of the Order to be appealed.
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County Court Citation
An alleged violator is given a "ticket" with a fine amount. The ticket may be paid to the County Court or a hearing requested before a County Court judge.
An alleged violator is given a Notice to Appear in County Court before a judge. There is no option to pay a fine, the alleged violator must appear in court.
The conditions seem to be cited together in most instances. All properties must be kept litter free and must be mowed when ground vegetation reaches 12" in height.
Violation notices issued for the above conditions contain ordinance requirements and how to appeal in the event the cited party disagrees with the Division's assessment.
When properties are not cleaned and mowed, a vendor will be assigned to perform the work. The property owner will be billed for the amount paid to the vendor plus administrative charges.
Property owners are responsible to mow and clean abutting right-of-way areas.
Whether vehicles are on private or public property, they are considered abandoned when inoperable, wrecked, dismantled or when license plates are expired by 30 days or more. These requirements also pertain to trailers, boats (registration requirements) and other types of equipment.
Upon notification, abandoned vehicles must be removed as directed in the violation notice. There is an appeal procedure in the notice.
If an abandoned vehicle is not removed as directed, the Division will have the vehicle removed, impounded and, if unclaimed, destroyed.
Real property owners are responsible for any charges and administrative costs incurred to remove abandoned vehicles.
In most residential areas, only trucks up to ¾ ton rated capacity may be kept. (Oversized trucks in residential areas temporarily making deliveries or service calls are excluded.) In certain residential areas, trucks up to 1-1/2 ton rated capacity are permitted. There is a limit of 2 permitted trucks per lot improved with a residence.
Residents are urged to ensure that if they intend to park a truck in a residential zone they first determine the permissible rated capacity for the specific residential zone. This can be determined by calling (561) 243-7219.
The above requirements pertain to parking any place in any residential zone within the City.
The above types of equipment may be parked on residential property if they are currently registered and owned by a resident of the property. The equipment must be parked in side, rear yard or carport and screened from view of abutting properties. Screening is not required from the street in front of the plot. Parking between the street and the structure is not permitted.
The above equipment may not be occupied or connected to a utility service. Parking in a driveway to load or unload is permissible.
Residents are urged to ensure that they can properly park the above equipment at their residence beforehand.
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