12-88 EMERGENCY ORDINANCE NO. 12-88
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2,
"ADMINISTRATION" , ARTICLE VI, "CODES ENFORCEMENT",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA BY AMENDING SECTION 2-102, "APPLICA-
BILITY'', TO PROVIDE THAT THE CITY'S CODE ENFORCEMENT
BOARD SHALL HAVE CONCURRENT JURISDICTION TO HEAR AND
DECIDE CASES INVOLVING VIOLATIONS OF CHAPTER 29,
"WATER AND SEWERS", ARTICLE II, "WATER SERVICE",
DIVISIO~ 2, "EMERGENCY RESTRICTIONS" OF ~ CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Florida Statutes Section 166.041(3)(b) provides for
the adoption of ordinances on an emergency basis without necessity for
prior advertisement and on one reading; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, has
deemed that the adoption of this ordinance is necessary on an emergency
basis in order to provide concurrent jurisdiction to the City's Code
Enforcement Board for violations of Chapter 29, "Water and Sewers",
Article II, "Water Service", Division 2, "Emergency Restrictions", of
~the Code of Ordinances of the City of Delray Beach, Florida; and,
WHEREAS, it is the intent of the City Council of the City of
Delray Beach, Florida to expand the concurrent jurisdiction of the Code
Enforcement Board to hear and decide cases of violations of emergency
water restrictions, the City Council desires to limit the Code Enforce-
ment Board's jurisdiction to those instances where it is impossible for
the Police Department 'to issue a Notice to Appear for a violation of
emergency water restrictions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 2, "Administration", Article VI,
"Codes Enforcement", of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended by amending Section
2-102, "Applicability", to read as follows:
Section 2-102. Applicability.
The City's Code Enforcement Board shall have concurrent
jurisdiction to hear and decide cases involving alleged
violations which are not criminal in nature where a pending or
repeated violation continues to exist of the following codes:
Chapter 2.5, Alarm Systems, Article I, In General; Article II,
Selling, Leasing, Servicing, etc.; Chapter 9 in Section 16-15,
Buildings and Construction; Chapter 11, Article II, Fire
Prevention; Chapter 12, Article I, Garbage and Trash; Chapter
3, Health and Sanitation; Chapter 14, Junk, Junkyards, and
Automotive Repairs; Chapter 15, Licenses; Chapter 23, Streets,
Sidewalks and other Public Places; Chapter 24, Subdivisions;
Chapter 27, Trees and Shrubs; Chapter 29, Water and Sewers,
Article II, ~ater Service, Division 2, Emergency Restrictions~
and Chapter 30, Zoning, as said Codes now exists or as they
may be amended by ordinance from time to time.
Section 2. That should any section or provisio~ 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 effect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That this ordinance shall become effective
immediately upon its passage on first reading, in accordance with the
provisions of Florida Statutes Section 166.041(3)(b).
PASSED AND ADOPTED in regular session on this 8th day of
March , 1988.
MAYOR
ATTEST:
First Reading March 8, 1988
ORD NO. 12-88
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