27-89 ORDINANCE NO. 27-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA ~MENDING TITLE XIII, "GENERAL
OFFENSES", ADMINISTRATION AND ENFORCEMENT", CHAPTER
165, "UNSAFE BUILDINGS", SECTION 165.33,
"INVESTIGATION; NOTICE", BY AMENDING SUBSECTION
165.33(C), TO PROVIDE FOR ADVERTISEMENT OF NOTICES
OF HEARING FOR UNSAFE BUILDINGS, WHENEVER CERTIFIED
AND/OR FIRST CLASS MAIL IS .RETURNED UNCLAIMED OR IS
UNDELIVERABLE; PROVIDING A GENERAL REPEALKR CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY T~E CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS;
Section 1. That Title XIII, "General Offenses,"
"Administration and Enforcement", Chapter 165, "Unsafe Buildings",
Section 165.33, "Investigation; Notice", of The Code of Ordinances of
theCity of Delray Beach, Florida, be, and the same is hereby amended by
amending Subsection !65.33(C), to read as follows:
(C) The notice shall be served either personally or by a
dual service of certified or regiztered mail, return receipt
requested, and postage paid first class mail to each person
required to receive notice at the address as it appears on the
official public records or any other address as is known by the
building official to be the address of the record owners. If
addresses are not available on any person required to be served
the notice, the notice addressed to that person shall be mailed to
the address of the building or structure involved in the
proceedings. Notice to tenants shall be by posting the premises.
The failure of any person to receive notice, other than the owners
of record, shall not invalidate any proceedings ;under this
chapter. Service by certified Or registered mail as herein
described sb~ll be effective on the date the notice was received
as indicated on the return receipt. Where notice is not received
by certified or registered mail or personally, the notice shall be
effective the date of first class mailing as described herein.
Whenever such certified, registered,..a.nd/or first class mail is
returned unclaimed or is undeliverable, the City shall provide
notification of the Declaration of Unsafe Building by advertisement
in a newspaper of general circulation in the Citx at least seven
(7) days in advance of the hearing on the Notice of Unsafe
Building.
Section 2. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 25th day of '1989.
MAYOR
First Reading.. April 11, 1989
Second Reading April 25. 1989