Ord 47-08ORDINANCE N0.47-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER" OF THE CODE
OF ORDINANCES BY ENACTING SECTION 52.06, "PRIMA FACIE
EVIDENCE OF VIOLATION OF SECTION 52.05", AND BY AMENDING
SECTION 52.99, "PENALTY", TO CLARIFY WHAT WILL BE
CONSIDERED EVIDENCE OF TAMPERING WITH A WATER METER AND
THE PENALTY THAT MAY BE IMPOSED; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City desires to amend its Code of Ordinances to provide that the
tampering of water meters will be considered as prima facie evidence, against the person
receiving the benefits of the water use, of a violation of the ordinance banning tampering of
water meters; and
WHEREAS, the City further desires to amend its Code of Ordinances to provide for
different penalties regarding the tampering of water meters.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 52, "Water", is amended by enacting subsection 52.06,
"Prima Facie Evidence of Violation of Section 52.05", to read as follows:
Sec. 52.06. PRIMA FACIE EVIDENCE OF VIOLATION OF SECTION 52.05.
The existence of any connection wire conductor, meter alteration or any device
whatsoever which offsets the diversion of water without the same being measured or
registered by or on a meter installed for that purpose by the City, or the use or waste of
water furnished by the City without its being measured or registered on a meter provided
therefore by the City shall be prima facie evidence and creates a rebuttable presumption
of intent to violate, and of the violation of Section 52.05 by the person using or receiving
the direct benefits from the use of the water passin~gh such connection, device or
altered meter or being used without being measured or registered on a meter.
Section 2. That Chapter 52, "Water", is amended by amending subsection 52.99,
"Penalty", to read as follows:
Sec. 52.99. PENALTY.
(A) Any person, firm, or corporation who violates any provision of this Chapter for which
another penalty is not specifically provided shall, upon conviction, be subject to a fine not
exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60)
days, or both. Each day any violation shall continue to exist shall constitute a separate offense.
The person firm or corporation may also be subject to action under Chapter 37 of the Code of
Ordinances.
(B) Violation of any provision of Sections 52.65 through 52.70 shall be subject to the following
penalties: First violation, twenty-five dollars ($25.00); second and subsequent violations, fine not
to exceed five hundred dollars ($500.00) or imprisonment not to exceed sixty (60) days. Each
day in violation of Sections 52.65 through 52.70 shall constitute a separate offense. The City, in
addition to the criminal sanctions contained herein, may take any other appropriate legal action,
including but not limited toemergency injunctive action, to enforce the provisions of Sections
52.65 through 52.70.
(C) The owner or authorized agent of the owner responsible for the maintenance of the
plumbing systems in the building who knowingly permits a violation of Sections 52.80 through
52.85 to remain uncorrected after the expiration of time set by the Director of Environmental
Services shall, on conviction thereof by the appropriate court, be required to pay a fine of not
more than one hundred dollars ($100.00) for each violation. Each day of failure to comply with
the requirements of Sections 52.80 through 52.85 after the specified time provided under Section
52.85, shall constitute a separate violation.
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 all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
2
Ord No. 47-08
1~ PASSE ADOPTED in regu ar session on second and final reading on this the
{ day of ~ , 200 ~ .
~~a ~~
MAYOR
ATTEST:
C .J • ~ WY~_,~,.~
City Clerk
First Reading ~~ ~
Second Reading ~~`~"~ V~
3
Ord No. 47-08
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: October 14, 2008
SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008
ORDINANCE N0.47-08
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and second public hearing for a City initiated
amendment to Chapter 52, "Water" of the Code of Ordinances by enacting Section 52.06, "Prima Facie
Evidence of Violation of Section 52.05", and by amending Section 52.99, "Penalty", to clarify what will
be considered evidence of tampering with a water meter and the penalty that maybe imposed.
BACKGROUND
At the first reading on October 7, 2008 the Commission passed Ordinance No. 47-08.
RECOMMENDATION
Recommend approval of Ordinance No. 47-08 on the second and final reading.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: R. Brian Shutt, Assistant City Attorney
THROUGH: City Attorney
DATE: October 1, 2008
SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF OCTOBER 7, 2008
ORDINANCE 47-08
ITEM BEFORE COMMISSION
The item before the Commission is Ordinance 47-08 which enacts Section 52.06 (sets forth
what shall be considered evidence of tampering with City water meters) and amends Section
52.99 of the City Code regarding penalties for tampering with water meters.
BACKGROUND
Ordinance 47-08 provides that the alteration of a water meter shall be considered as prima
facie evidence that the person receiving the benefit of the water service tampered with the
water meter. This ordinance also provides that a violation of this Chapter may be brought
before the Code Enforcement Board or the violator may be issued a citation under the
supplemental code enforcement procedures.
13ECOMMENDATION
Staff recommends approval of Ordinance 47-08.
http://miweb001/Agendas/Bluesheet.aspx?ItemID=1535&MeetingID=153[10/14/2008 4:39:32 PM]
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CITY 4F DELRAY BEACH,fLORIDA
I NOTICE Of RUBLIC HEARING
IA PUBLIC HEARING will be hekf vr.
~ih2 igio,;ing prgpgsed ordinances al
'7:00 p.m. on TUESDAY, DCT08ER
2t, 2008 {or at any conCinualign of
such meeting which is set by the
~ Cnmmissivn), in Iho Cily Commission
Chambers, 700 N.W. 1st Avenue, Deh
my Beach, Florida, al whlGl tlme the
City Commission will consider thou
adoption. The proposed ordinances
may be inspected at [t>r Oliice of [h2
City Clerk at City Ha@, 700 N.W. 7sf
Avenue, Delray Reath, Florida, he~
'.. Iween the hours of R:00 a.m-and 5:00
''........ p.m., Monday through Friday. except
'', t~idays. All arleressed parties arc rn~
oiled to aY~end a~ be heard with re~
sped m the proposed ordinances.
, ORDINANCE N4.9fiAfi
' AN ORDINANCE DF THE CITY CDM~
MISSION DF THE CITY OF DELRAY
EEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY
ZONED RM (MEDIUM DENSITY
RESIDENTIAL) AND DSR (OPEN
SPACE AND flEGREATiONj D1S~
TRICT TD CF (COfdMUtJITY
FAGILITIES~ DISTRICT; SAID LAND
BEING A PARCEL LOCATED DN
THE SOUTH SIDE Of SW 6TH
STREET AND WEST OF AUBURN
AVENUE, A$ MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING
'ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL 2001"; PROVIDING
A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFEC-
TIVE DATE.
ORDINANCE NO. b7-Oa
AN pRDINANCE OF THE CITY COM-
MISSION OF THE CITY DF DELRAY
EEACH. FLORIDA, AMENDING
CHAPTER 52, 'WATER" OF THE
CODE DF ORDINANCES BY EN-
`ACTING SECTION 52.06, `PR'MA
FACIE EVIDENCE OF VIOLATION
OF SECTION 52.b5', ANp BY
AMENDING SECTION 52.44.
"PENALTY', TO CLARIFY WHAT
WILT. BE CONSIDERED EVIDENCE
DF TAMPERFNG WITH A WATER
METER ANp THE PENALTY THAT
MAY BE IMPOSED; PROVIDING A
SAVING CLAUSE, A GENERAL RE~
PEALER CLAUSE, AND AN EFFEC-
TIVE DATE.
Please be advised Thal it a person de~
odes 1p appeal any decsign made by
(the Cily Commission with respect to
any maaer cons.-dered ar Inase near
(ings. sorb person may ieetl Io ~ sum
Iha: a verbatim recortl includes me
~' {esUmony and evidanee upon whKh
'.. the appeal is ip be based The City
des nbt provide nor preface such
'rzmrd pursuam to F.S. 26b.Of05.
I CITY OF DELRAY BEACH
Cheaeae 0. Nutzn,';~,;~
City Cork
PURLiSH; Friday, October t0.2~6
Roca RdtOntDa"ray Beach News
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