11-09-59 NOVEMBER 9TH, 1959.
A Regular Meeting of the City Council was he_ld in the Council
Chambers at l:O0 P.M., with Mayor George Talbot'Jr. in the Chair, City
Manager W, E. Lawson Jr., City Atto.rney Harry T. Newett and C~ssion.-
ers J. Lo.Roy Croft, Charles H. Harblson, Fred B. MeNeece and George V~
Warren being present.
An opening prayer was delivered by Elder Hoyt B. Simms.
The Council, by general consent, approved the Minutes of the reg~
ular meeting held on November 2nS, 1959.
City Manager Lawson submitted the following BIDS received for
ftmnishing the City with - - - FIRE HOSE
NA~E OF BIDDER BRAND NAME OF HOSE S I Z E PRICE PER FOOT
American-LaFrance '"CRUSADER" 2-1/2" $ 1;70
do do 1-1/2" 1.20
Bi-Lateral Fire Hose "Dowcron-Dracon" 2-1/2" 1.88
do do 1-1/2" .95
Fabric Fire Hose "PURITAN" ~-!/2" 1,26
do do 1-1/2" .86
Goodrich Company "FLEXSEAL" 2-1/2',', 1.90
do do 1-]/2 1.26
M. L;' S der & Son - - - - 1.4693
do 1-1/$ 1.0455
The Man.ager informed the Council that the Fire Chief had recommended
the Puritan Hose, inasmuch as similar hose had bean purchased a year
ago and proven very satisfactory.
On motion of C~ssioner McNeece and seconded by Commissioner
Harbison, the Council unanimousl[~ approved a.w.a_rd of contract to the
low bidder for supplying the 2-1~2" and 1-1/2" Fire ~ose.
The Council, on motion of Commissioner McNeece a~d seconded by
Commissioner Hat.bi.son, unanimously agreed on the appointment of the
following as addxtxonal alternates to serve on the election board, as
there have been withdrawals by some of the original appointees, L. L.
Youngblood and Natalie Bush.
.The City Manager r.e.mi_nd.ed th_e Council that the P.et[tion fo.~ an-
nexa. txon, executed by Plk-Quxk, Inc., which resulted in annexation of
their prope.rty and the Betsy Bond land: contained.a condition calling
.for C-1 zonln$ recognit.ion, which partxcular provision failed to be
xncorporated xn the ordxna, nce for. ann.exation, and .th?t steps, should
be taken to correct the sxtuation, saxd land comprxslng:
The South 171.8 ft of the West 1/2 of,. the South
· 1/4 of the NE 1/4. of the SW 1/4 of the SW 1/4 of
Section 4-46-43 lying within the City of Delray
Beach.
On motion of Commissioner Croft and seconded by Commissioner
Harbison, the Council unanimously agreed that the propose, d r.ezoning -
of the above described lands be .referred to the Planning/Zoning Board,
s recommended by the City ~_~nager, for said Board to conduct a Pub-
the.lCEeario~'C°de Ordinancesthere°n in'.compliance with Sections 29-?.9 and 29-13 of
NOVEMBER 9th, 1959.
The Council, on motion of Commissioner Warren and seconded by
Commissioner Croft, unani.mously approved referral to the Planning
Board of the ?quest received from Mr. Shedrick Fashaw for pemmission
to conduct aAmy Nursery to be located on the North 50 ft of the South
285 ft of the East 135 ft of Block 14, requesting said Board to eon-
duct a public hearing thereon.
City ~enager Lawson then read - ORDINANCE NO. G-B86:
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA
PROVIDING MINIMUM HEALTH STANDARDS FOR SANITATION
FACILITIES IN HOUSING; REQUIRING ADEQUATE VENTI-
LATION, LIGHT AND HEATING; DETERMINING ACCEPTABLE
OCCUPANCY OF SPACE; REQUIRING SAFE AND SANITARY
MAINTENANCE; PROHIBITING SUB-STANDARD CONDITIONS,
STRUCTURALLY AND GENERALLY; REQUIRING ENFORCEMENT
BY THE BUILDING INSPECTOR; AND PRESCRIBING PENAL-
TIES FOR THE VIOLATION OF ITS PROVISIONS.
(Detail Copy of 0rd.~-$$6 is attached hereto and fomns _a part hereof)
(see Pages 260-A th~u 260-I for copy of ORDINANCE NO. G 3~6.)
Commissioner Harbison inquired if such an ordinance was enforce-
able, also as to the intent and meaning of the contents of Section
13 thereof. The City Att.orney advised that an ordinance could be
made retroactive and apphcable to houses which have been built or are
t o be bud it.
Commissioner Warren asked if such an ordinance was practical.
Mm. Paul S. Knowles,'Cha_i.rman of the Planning/Zoning Board, upon re-
quest, stated that he believed the Ordinance should be acted upon at
this time, rather than defer for study, inasmuch as amendments there-
to could be provided for at such time as it may be considered to be
necessary and warranted.
On motion of Commissioner Warren and seconded by Commissioner
McNeece, the Council .unanimous.ly approved ADOPTION. of .O~dinance No.
G-SS6 on second and f~nal readxng, this 9th day of November 1959,
The City N, nager then submitted and read - ORDINANCE NO. G-SBT:
AN EMERGENCY ORDINANCE REPEALING ORDINANCE
NO. 365, AS ADOPTED BY THE VOTERS OF DELRAY
BEACH, FLORIDA, AT AN ELECTION HELD ON TUES-
DAY, AUGUST 6, 1940, ALSO KNOWN AS SECTION
29-13 OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA; AND PROVIDING FOR
A REFERENDUm.
V~HEREAS, the present procedural requirements for processing of
matters pertaining to re-classification, special exemptions, varian-
t.es, and other matters connected with zon.ing, are not in conformity
w~th the standard procedure as set forth ~n the General Statutes of
the State of Florida; and
WHEREAS, Ordinance No. 865, as adopted by referendum vote on
August 6, .1940 can be amended or repealed only .by a referendum vote
to be submtted in any regular election as reqtured by Section 165
of the Charter of Delray Beach; and
WHEREAS, the next regular election of the City of Delray B'each,
Florida, is to be held on Tuesday, December 1, 1989, and the Council
hereby determines that in order to provide for the daily o~eration of
public peace, property, hea.lth and safety, an emergency exists, and
the question of whether Ordxnance No. $65, adopted August 6, 1940
should be retained or repealed, should be submitted to referendum
vote at such election to be held.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
NOVEMBER 9th, 1959 257
OF DELRAY BEACH, FLORIDA, AS FOLL(~S:
S..ection 1. That Ordinance No. 368, as adopted by the voters of
' Delray Beach, Florida, at an election held .on Tues-
day, August 6, 1940, also known.and designated as Section 29 15 of
the Code of Ordinances of the Czty of Delray Beach, Florida, be and
the same is hereby repealed.
Section 2. This ordinance shall take effect upon its ratifica-
· ~ tion by.a majority of the qualified electors resid-
ing in Delray B.each, Flo.~da, wotxng at a.sp.ecial election to be
called by t.he Cxty Council within, thirty (30) days from the passage
of this ordinance on first and f~nal reading.
PASSED as an Emergency Ordinance on first and final reading on
this the 9th day of November, A.D. 1989.
/S/ GEORGE TALBOT JR.
On motion of Comm~s.sioner McNeece and seconded by Commissioner
~-~arren, the Council unanxmously approved PASSAGE AND ADOPTION OF
Emergency Ordinance No. G-357 on this first and final reading.
The City Manager then submitted - - - RESOLUTION NO. 1210:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, CALLING AN ELECTION OF THE QUALIFIED
ELECTORS THEREIN TO EITHER APPROVE OR DISAPPROVE AN
ORDINANCE REPEALING ORDINANCE NO. 365, AS ADOPTED BY
THE VOTERS OF DELP~Y BEACH, FLORIDA AUGUST 6, 19AO,
ALSO KNO~'~N AS SECTION 29-13 OF THE CODE OF ORDINANCES
OF DELRAY BEACH, FLORIDA.
V~tEREAS,.the City Cou~.cil has this date passed Ordinance No.
G-337, which ~s set forth ~n full as -
ORDINANCE NO. G-337
AN EMERGENCY ORDINANCE REPEALING ORDINANCE NO. 365, AS
ADOPTED BY THE VOTERS OF DELRAY BEACH, FLORIDA, AT AN
ELECTION HELD ON TUESDAY, AUGUST 6, 1940, ALSO KNO~N
AS SECTION 29-13 OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA; AND PROVIDING A REFERENDUM.
(Detailed COPY of Ordinance G-857 appears on Pages 2 and 3 hereof)
AND ~'~HEREAS, Section 168 of the Charter of De]may Beach provides
that such ordinance can be repealed only by a referendum vote.
NO¥~, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Florida, as follows:
Section 1. A referendum election is hereby called for Tuesday,
.~. ~~~ December 1st, 1989, for the pu.rpose of allowing the
qualxf~ed electors of said City to approve or dxsapprove the ordinance
above set forth.
Section 2. Said election shall be held on Tuesday, December i,
1959, at the C/dITP~L FIRE ST~_TION in the City of Del-
ray Beach, Florida between the hours of 7:00 A.M. and 7:00 P.M.
Section $. That the official election ballot shall have p~inted
upon it the title of the a. bov.e ordinance, and comply with Section
162, of the Charter of saxd C~ty.
Section 4. Notice of said referendum election shall be given by
pmblication, as required by the Charter, and the
NOVEMBER 9th, 1959.
~yor is hereby authorized and directed, in his name and in the name
of and in behalf of said City and the Council, to call such election
by a proclamation.
PASSED AND ADOPTED this 9th day of November, 1959.
/s/ GEOmE. T ,,LB,OT
The Council, on motion of Commissioner Harbison and seconded by
Commissioner Croft, unanimously a~.~eed on ADOPTION of ~esolution No.
1210, on this first and final rea~ng.
On motion of Commissioner McNeece and seconded by Commissioner
Harbison, the Council unanimously approved that proposed O~dinance
No. G-338-
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA AMENDING
SECTION 29'11 OF THE CODE OF ORDINANCES OF
DELRAY BEACH BY CREATING AND PROVIDING FOR
BOARD OF ADJUSTMENT; PROVIDING MANNER OF AP-
POINTMENT OF MEMBERS; DEFINING ITS POWERS AND
DUTIES; AND PROVIDING NE~ SECTION 29-18 OF
SAID CODE CHAPTER BY PROVIDING METHOD FOR
CHANGES AND AME~NE5~S TO BOUNDARIES OR REG-
ULATIONS; AND REPEALING SECTION 29-12 OF SAID
CODE CHAPTER AND ALL ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
(Detail Copy of Ord.No. G-$S8 is attached hereto and forms part hereofi
be referred to the P.lanning and Zoni.ng.Board for .study.and requested
that said Board prowde as much publicity as possible ~n order that
the public misht become aware of the intent of the Council pending
Repeal of Ordinance No. $85.
City Manager Lawson submitted a Bill from the architect for ser-
vices rendered.in connection with the plans for the proposed New City
Hall and Jail ~n the amount of $8,800.~)0.
On motion of Commissioner McNeece and seconded by Commissioner
Croft, t.he Counci.1 unanimous.ly approved payment of the balance of
the architect's Bill, amo~unt~ng to $3~,~0b.~0, based upon the Feb. ruary
2?th agreement of 4~ of $850,000., $12,150.00 having been previously
.p~aid to the architect.
The Council, on motion of Commissioner McNeece and seconded by
Commissioner Harbison, unanimously approved Rejection of all Bids re-
ceived for construction of the proposed new City Hall and. Jail, and
ordered ~the return of all Bid Bonds submitted With said bids, and,
further, that such proposed improvement remain status-quo for the
time being.
The Co.uno.il, by_ gen.eral con.sent, approved payment of t.he Bill
from "Ass.oc~at~on of Munxcipalit~es of Palm Beach County", ~n the a-
moun.t of.$.~.O0, covering the dinner charges for the Associat~ion Meet-
ing ~n R~vlera Beach on Thursday, October 22nd, 1959, attenaing by
four members of the local government.
City Manazer Lawson informed the Council of having been advised
by the County ~ngineer that the portion of Atlantic Avenue, in Delray
B~a.ch, lying between Federal Highway and the F.E.C.RR. tracks would
be ~mproved on Sunday, November l§t4, 1959, and westward therefrom to
Swinton Avenue on the following day.
NOVEMBER 9th, 1959. 259
Mr. Paul S. Knowles, Chaim~an of the Planning and Zoning Board,
read the following letter:
November 9th 1989.
TO THE CITY COUNCIL:
"OnMarch 19, 19§9 a letter was received from Mr. Joe Fleming
a deviation from the parking restrictions for a building
requestin$:
on Atlantxc Avenue.
On March 80, 1959, I wrote the recommendations of the P~a.m~.ing
Board to the Council which were in essence to waive the restrictions
but to maintain a twenty foot strip to the rear of the property to
provide is much parking as possible in the case of A. George and Mr.
Joe FlemAng..
On Aprzl 7th,. 1959 the Board restudied these two cases and
unanimously approved a motion that t~e parking restrictions, as
stated in Ordinance No. G-284, be waxved in these two cases and the
enti~e matter of such parking restrictions for the business area be
studzed by the Planning Board, concerning Atlantic Avenue from A-1-A
to Swinton Avenue.
The results of the April recommendation from the Board's
study of the oases mentioned were never relayed to the City Council,
and I apologize for t~zs oversight and .am at.a loss to explain it.
Mr. Ha~n~a~, archxtect for~r. Fleming, zs ~ow ready to proceed
wSth plans. He has also been under the assumptzon that the restric-
tions had been waived.
I ~espectfully ask that the Council consider this matter and
take action so that Mr. Hanna can proceed.
His tentative plans show that off-street parking can be made a-
vailable fo~ a maximum of about six cars. The portion of the build-
ing facing Federal Highway to the South will set back two feet from
the alley in accordance with a recent ordinance change.
/S/ PAUL S. KNOWLES Chairman
On motion of Comm~ss£oner McNeece and seconded by Commissioner
Warren, the Council unanimously approved waSving the parking re-
quirements, 9oncernin$ the business propertzes of Mr. A. George and
Mr. Joe Flemang,.hereznabove referred to, as recommended by the
Planning and Zonxng Board.
MEETING ADJOURNED:
R. D. WORTHING
APPROVED: /~:~ ....... .-~'"'~'~"' ~'../ -~ city Clerk
260 NOVEMBER 9th, 1959.
ORDINAi~CE G-3 3_~6
k~ ORDIN~tCE OF THE CITY OF DELRAY BEACH, FLORIDA
PROVIDIgG MINI~]~I HEALTH STanDARDS FOR SANITATION
FACILITIES I~ HOUSING; REQUIRING ADEQUATE VENTILA-
DmT.~s~INI~ G AC C EPTABLE
TION, LIGHT AND HEATI£~G~ ~ ~ ~ ~
OCCUPANCY OF SPACEs REQUIRING SAFE AND S~ITARY
~INTENANCE; PROHIBITING SUB-STk~DARD CONDITIONS,
STRUCTURALLY ~D GENERALLY~ REQUIRING ENFORC~NT
BY THE BUILDING INSPECTOR; AND PRESCRIBING PENALTIES
FOR THE VIOLATION OF ITS PROVISIONS.
An ordinance establishing Minimum Housing Standards in the
City of Delray Beach, Florida, for the protection of the public
health, safety~ morals and welfare of the people.
WHEREAS, there are, or may be, buildings or structures used
or maintained for human habitation, which are, or may become in the
future, substandard wih respect to structure, equipment or mainte-
nance and further that such conditions together with inadequate pro-
vision for light and air, insufficient protection against fire
hazards, lack of proper heating, insanitary conditions and over-
crowding constitute a menace to the health, safety, morals, welfare
and reasonable comfort of its citizens, and
WHEREAS, it is further found and declared that the existence
of such conditions, factors or characteristics will,if not remedied,
create slum and blighted areas requiring large scale clearance and
further, that in the absence of corrective measures, such areas will
experience a deterioration of social values, a curtailment of in-
vestment and tax revenue and an impairment of economic values, and
WHEREAS, it is further found and declared that the establish-
ment and maintenance of ~inimum Housing Standards are essential to
the prevention of blight and decay and the safeguarding of public
health, safety, morals and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA,
SEQTION 1. PURPQ~E OF O~DIN%,NCE
The purpose of this ordinance is to protect the public health,
safety, morals and welfare of the people of the City of Delray Beach,
Florida, by establishing minimum standards governing the condition,
occupancy and maintenance of dwellings, dwelling units and premises;
establishing minimum standards governing utilities, supplied facili-
ties and other physical components and conditions essential to make
dwellings, dwelling units and premises safe, sanitary and fit for
human habitation; fixing certain responsibilities and duties of
owners, operators, agents and occupants of dwellings, dwelling units
and premises; authorizing and establishing procedures for the in-
spection of dwellings, dwelling units and premises and the condemna-
tion and vacation of those dwellings, dwelling units and premises
unfit for human habitation; and fixing penalties for the violations
of the provisions of this ordinance.
SECTION 2.~ SC.QPE. OF O~INAN~E
Every portion of a building or premises, used or intended to
be used for any dwelling purpose, except temporary housing, shall
comply with the provisions of this ordinance, irrespective of when
such building shall have been constructed, altered or repaired; and
irrespective of any permits or licenses which shall have been issued
for the use or occupancy of the building or premises, for the con-
struction or repair of the building, or for the installation or repair
of equipment or facilities prior to the effective date of this ordi-
nance.
This ordinance establishes minimum standards but does not
replace, repeal or modify standards otherwise established for con-
struction, replacement or repair of buildings or structures except
such as are contrary to the provisions of this ordinance.
~EC_T!p~ 3. DEFINITIONS
For the purpose of this ordinance words used in the present
tense include the future, the singular number includes the plural
and the plural includes the singular. Words and terms are as de-
fined in the latest revised Southern Standard Building Code and also
those defined as follows.
The definition of the following words shall be the same as
found in the Southern Standard Building Code:
Approved Dwelling ~¢ner
Basement Grade Person
Building Habitable Room Structure
Cellar Multiple Residence
City Council shall mean the City Council of the City of
Delray Be~6h~"LFlOrida.
Dwelling Unit shall mean any room or group of rooms located
within '~-dweilihg a~d forming a single habitable unit with facilities
which are used or intended to be used for living, sleeping, cooking
and eating.
Extermination. The control and elimination of insects, rodents
or othe~-peSb~-b~e~iminating their harborage places; by removing or
making inaccessible materials that may serve as their food; by
poisoning, spraying, fumigating, trapping or by any other recognized
and legal pest elimination methods.
Garbage. The animal and vegetable wasteresulting from the
handling, preparation, cooking and consumption of food.
Household. Ail persons who occupy a dwelling unit. A person
living alone_or any group of persons sharing a dwelling m%it is a
household.
!nfesSation. The presence, within or around a dwelling, of
any insects, rodents or other pests.
Livin~ Area. A space within the confines of the four walls of
the structure w~ich is completely enclosed by masonry, wood or glass
and is habitable the year round.
OccuDant. Any person over one year of age, living, sleeping,
cooking or eating in or having actual possession of, a dwelling unit.
Open Space. Outdoor area unobstructed by structures restricting
the fre~ f'iow'of light and air for a minimum distance of not less
than three feet.
Parties in Interest. Ail individuals, associations, partner-
ships, ~brpora%ions"an~"0thers who have interest in a dwelliag and
any who are in possession or control thereof, as agent of t~ owner,
as executor, executrix, administrator, administratix, trustee or
guardian of the estate of the owner. Any such person thus repre-
senting the owner or owners shall be bound to comply with the provi-
sions of this ordinance and of the rules and regulations adopted
pursuant thereto, to the same extent as if he were the owner and upon
failure to comply therewith shall be subject to the same penalties
hereinafter set out in Section 20.
PlumbinM, shall m?an and include all of the following supplied
fgcilities and equipment, gas pipes, gas burning equipment, water
p~pes~ garbage disposal units, waste pipes, toilets, sinks, installed
dishwashers, lavatories, bath tubs, shower baths, installed clothes
washing machines, catch basins, drains, vents and any other similar
supplied fixtures, together with all connections to water, sewer or
gas lines.
Premises. A platted lot or part thereof or unplatted lot or
parcel Hf land or plot of land, either occupied or unoccupied by any
dwelling or non-dwelling structure.
2
Public Hall. Any hall, corridor or passageway not within the
exclusive con~ol"6f one family.
Rubbish~. All combustible and non-combustible waste, except
garba ge.
Suoolied Facilities. Facilities paid for, furnished or provi-
ded by, or under the control of the owner or operator.
W0rkma..nl%ke..~tate of ~,~intenance and Repair shall mean in
such a state so as to com~ly w'ith Ell c'°d'~S' ~'nd ordinances pertaining
to construction of buildings and installation of utilities.
.H.e.an_in~ of C_ertain Words. Whenever the words "dwelling",
"dwelling unit", "PremiseS" are used in this ordinance, they shall
be constructed as though they were followed by the words "or any part
thereof".
S~CT!ON 4._ ~N!~k STANDARDS FOR LIGHTING
A.. ELECTRIC OUTLETS -
Ever. y habitable room shall have adequate permanent electric
outlets and/or fixtures properly connected to an adequate source of
electric power.
Every bathroom, shower room, toilet room, laundry room, fur-
nace room and public hall located in a structure used for human
habitation shall have permanently installed electric fixtures, in-
stalled in accordance with the requirements of the electrical code
of the City,
B. NAT~_.RAL LIGItT IN HABITABLE
Every habitable room shall have at least one (1) window or
skylight facing directly to the outdoors. The minimum total window
area for every habitable room shall be not less than ten (lO) per
cent of the floor area of such room. If the only window is the
skylight .type, the minimum total window area shall be not less than
fifteen (15) percent of the total floor area of such room, except
where other means of artificial lighting are approved. ~henever
walls or other portions of structures face a window of any such room
and such light obstruction structures are located less than three
feet from the window and extend to a level above that of the ceiling
of the room, such a window shall not be deemed to face directly to
the outdoors and shall not be included as contributing to the re-
quired minimum total window area.
C. _LIGHT IN _NON-HA,BIT,ABLE S.P.A,.CE
Every public stair, hall, cellar and basement, located in a
s~ructure used for human habitation, shall have either adequate
natural or artificial light available at all time. The natural or
artificial lighti.ng available shall not be less than three {3) foot
candles (3 lumens) measured in the darkest portions of normally
traveled passageways and stairs.
SEGTIO~! ~. ~,;[[NI~,~ STA~DARDS FOR VENTILATION
A;~ ~ VENTILATiO~IN .......... HABITABLE' ........... ROOMS
Every habitable room shall be ventilated by either openable
windows equal to fifty (~0) percent of the required window area
facing open space or by equivalent acceptable mechanical ventilation.
B.., VENTILATION IN 5ATHROO~4S
Every bathroom, shower room, toilet room shall be adequately
ventilated either by openable windows, th~ %o%al of which shall not
be less than one and one-half (1½) square fee~ facing open space or
by other methods ~iving equivalent ventilation.
~C_TION 6. ~',~INI~'.lUI~ STAND,ARD,$ ?9. R .H~ATI.NG
Every habitable dwelling unit shall be weatherproof and in
a condition to be adequately heated.
SECTION 7~,, ~'~NI~l.UI~'~i STANDA.R. DS FOR ,BA$I~C, EQU!,,P~,,~NT AND FACILITIES
-3-
A.L _ PO.T. ABLE WATER. SU. PPLY
Every habitable dwelling unit shall be supplied with a pota-
ble water supply approved by the Palm Beach County Health Department.
B. ,.HOT WATER
Every habitable dwelling unit shall have an adequate supply
of running hot water, properly connected to plumbing fixtures, in
accordance with the Plumbing Code of the City.
In every habitable dwelling unit all plumbing fixtures shall
be properly installed, properly connected in accordance with the
Plumbing Code of the City, to the water supply and sewer systems and
maintained in good working order.
D, SUPPLIE~D_ FACILITIES
Every habitable dwelling unit shall contain a sink, tub or
shower, lavatory and toilet.
SECTION 8. LINIt'~,~ SPACE~ .REQUIRE}'~NT.S
A. "SLEEPI..NG R0'O~.iS ......
~ve.ry sleeping room for one occupant shall have at least
seventy (?0} square feet of floor space or if occupied by more than
one person, at least fifty (50} square feet per occupant.
B. SIZE OF DWELLING UNIT
The total of all habitable rooms in a dwelling unit shall be
such as to provide at least one hundred and fifty (150! sq~uare feet,
of floor space for the first occupant and one hundred (100) square
feet of floor space per additional occupant, excep~t every dwelling
unit shall contain not less than five hundred (500) square feet of
living area.
.C. }~[N!~U~.~ HEIGHT OF., HABITABLE ROOMS_
Every habitable room shall be not less than seven (7) feet in
height from the floor to the ceiling throughout one-half of the area
of such room. Any portion of room having a ceiling height of less
than five (5) feet shall not be considered in computing the total
floor area for such room.
s,EOTIO .,, 9,. EGreSS
Every habitable dwelling unit shall be provided with safe anf
unobstructed exits to reduce danger in case of fire.
_SECTION_ 10. INFESTATIOM
As protection against mosquitoes, flies and other insects,
every door opening directly from a dwelling unit to outdoor space
shall be equipped with screens$ and every window or other device with
openings to outdoor space used or intended to be used for ventilation
shall likewise be equipped with screens,
Every basement or cellar window used or intended to be used
for ventilation and every other opening to a basement which might
provide an entry for rodents, shall be pernmnently equipped with
screens or such other device as will effectively prevent their en-
trance.
There shall be no standing pools of water which might provide
a breeding place for mosquitoes.
Dwellings should be free from rodents and other vermin at all
times.
SECTION 11,. RES~ONSI~BI_LITY. OF OCCUp.ANT
The responsibilities of the occupant are as follows:
To keep dwelling and premises he controls and occupies in a
clean and sanitary condition.
To dispose of rubbish and garbage in a clean and sanitary
manner as prescribed by city ordinances or r. equisitions.
-~-
To keep plumbing fixtures therein in a clean and sanitary
condition and to exercise reasonable care in the proper use and
operation thereof.
To exterminate in the following cases:
(a) Occupant of single dwelling is responsible for extermina-
tion of any insects, rodents or other pests therein or on
premises.
(b) Occupant of a dwelling unit in a multiple unit structure
is responsible for extermination of any insects, rodents
or other pests, if his m~it is the only unit infested.
Notwithstanding the foregoing provisions of this section,
whenever infestation is caused by the failure of the owner to main-
tain the dwelling in a ratproof or reasonably insect proof condition,
the occupant is not responsible for extermination of any insects,
rodents or other pests therein.
,SECTION 12. RESPONSIBIk,ITIES OF
The responsibilities of the owner are as follows:
To let no dwelling to any one for occupancy unless it meets
minimum standards set forth herein.
To have dwelling in clean, sanitary, habitable condition, to
free from infestation before renting, to paint walls and ceilings
and to clean, repair and exterminate if needed to meet aforesaid
requirements before offering for rent.
To provide screens to be hung.
To exterminate in the following cases:
(a) When infestation exists in two or more units or multiple
unit structures.
(b) When infestation exists in shared or public areas of mul-
tiple unit structure.
(c) When infestation exists in single unit of multiple unit
structure or in single unit structure when infestation is
due to failureof the owner to maintain the dwelling in a
ratproof and reasonably insect proof condition.
SECTION ~3~ CONDITIONS OF S~RU.CT~RE
All dwelling structures shall be watertight, weatherproof,
rodent and insect proof and in good repair.
Every foundation, exterior wall and roof shall be watertight,
weathertight and rodent proof, shall adequately support the building
at all times and shall be in a workmanlike state of maintenance and
repair.
Every interior partition, wall, floor and ceiling shall be
reasonably tight, capable of affording privacy and maintained in a
workmanlike state of repair and in a Clean and sanitary condition.
All rainwater shall be so drained and conveyed from every roof
and the lot shall be so graded and drained as not to cause dampness
in the walls, ceiling, floors or basement of dwelling.
Every window, exterior door and basement hatchway shall be
weathertight, water tight and rodent proof$ and shall be maintained
in a sound condition and repair.
Every inside and outside stairway, every porch and every appur-
tenance thereto shall be so constructed as to be safe to use and
capable of supporting the load that normal use may cause to be placed
thereon; and it shall be maintained in sound condition and repair.
Every supplied plumbing fixture and water and waste pipe shall
be properly installed and maintained in a sanitary working condition,
free from defect, leaks and obstruction.
Every toilet, bathroom and kitchen floor shall be constructed
and maintained so as to be impervious to water and such floor shall
be kept in a clean and sanitary condition.
Every supplied facility, piece of equipment or utility which
is required under this ordinance shall be so constructed and in-
stalled that it will function safely and effectively and shall be
maintained in good working condition.
SECTIO~.,i~.. !~SP~CTION AND E~FORCESIS~T
~.. ~Hg~SI.~G SURVEY__S
The Building Department and/or the Planning Board shall be
authorized to make surveys in any area of the City to determine the
condition of structures used for human habitation, the extent of
deterioration, lack of facilities and maintenance, unsafe and un-
sanitary conditions, the extent of overcrowding, land use and other
relevant factors.
B. INSPECTION OF DWELLING
The Building Inspector or his designated representative shall
be authorized, upon showing proper identification, to enter any
dwelling, dwelling unit or premises at any reasonable time during
the day or at such other time as may be necessary in an emergency,
for the purpose of making inspections to determine the condition of
dwellings, dwelling units and premises in order to safeguard the
health, safety, morals and welfare of the public.
C, SERVICE_ OF_'~OTICES AND.ORDERS
Whenever at least five residents of the city charge that any
dwelling is unfit for human habitation or whenever the Building In-
spector or his designated representative determines that there has
been a violation, or that there are reasonable grounds to believe
that there has been a violation of any provision of this ordinance,
he shall give notice in writing to the person or persons responsible
for such violation. Such notice shall:
(a) Include a description of the real estate sufficient for identi-
fication.
(b) Include a statement of the reason or reasons why the notice is
being issued.
(c) Inform the violator of his right to petition for a hearing before
the City Council and specify that this petition must be received
within 20 days after the notice was served.
(d) Be served upon the owner or the occupant, as the case may require~
provided that such notice shall be deemed to be properly served upon
such violator if a copy thereof is delivered to him personally or
by registered mail but if the whereabouts of such person is unknown
and the same cannot be ascertained by the Building Inspector in the
exercise of reasonable diligence and the Building Inspector shall
make an affidavit to that effect, then the serving of such notice or
order may be made by publishing the same once each week for two (2)
consecutive weeks in a newspaper printed and published in the City.
A copy of such complaint or order shall be posted in a conspicuous
place on premises effected by the notice or order. Such notice may
include an outline of remedial action which, if taken, will affect
compliance with the provision of this ordinance and with rules and
regulations adopted pursuant thereto.
D. FINAL ORDER
Any notice of violation shall automatically become a final
order if written request for a hearing i~ not filed in the office of
the Building Inspector within twenty (20) days after receipt of said
E. EMERGENCY P~ERS
The Building Inspector is hereby granted certain emergency 6
powers. Whenever he finds that a condition exists which requires
immediate action to protect the public health or safety, he may,
without notice or hearing, issue an order reciting the existence of
such an emergency and requiring that such action be taken as he deems
necessary to meet the emergency. Notwithstanding the other provi-
sions of this ordinance, such order shall be effective in~nediately.
Any person on whom such an order is directed shall comply therewith
immediately but upon a petition shall be afforded a hearing by the
City Council as soon as possible. After such hearing, depending
upon the findings as to whether the provisions of this ordinance have
been complied with, the City Council shall continue such order in
~ffect or modify it or revoke it.
~., AGENCY.,TO A~TE H~ZARDS ~N.,F$~ERQENCIES
Whenever any violation of this ordinance, which in the opinion
of the Building Inspector causes a direct hazard or immediate danger
to the health, safety, morals or welfare of the occupants of a
building or to the public, has not been corrected in the time speci-
fied by the order issued under Section l$C, the Building Inspector
may take such direct action as is necessary to abate the hazard or
danger. The expenses incurred by the Building Inspector shall be
paid by the owner or occupant of the premises, or by the person~o
caused or maintained such nuisance or other matter to exist.
O.~ D~4OLITION AS C~IPLIANCE
Any owner of a building, receiving a notice of violation
stating ~hat such building does not comply with the provisions of
this ordinance, may demolish said building and such action shall be
deemed compliance.
H. HEINSPECTION
At the end of the period specified in the notice of violation~
or any extension thereof, it shall be the duty of the Building In-
spector or his designated representative, to make a reinspection of
the dwelling, dwelling unit or premises and if compliance has not
been established, appropriate l~gal action shall be instituted.
I. EXTENSION OF .COMPLIA.~ TIME
The Building Inspector may extend the compliance time where
there is evidence of intent to comply within the period specified,
provided that reasonable conditions exist which prevent immediate
compliance.
SECTION 15.. ~ES~.GNATI~N OF U~!FIT DWELlinG UNITS
A. UNFIT Dk~LLING UNITS
Any dwelling or dwelling unit having the following defects,
may be designated by the Building Inspector as unfit for human habi-
tation and may so placard it.
1. The structure lacks illumination, ventilation, sanitation,
heat, adequate or safe wiring or other facilities adequate to pro-
tect the health and safety of the occupants or the public.
2. The structure is damaged, decayed, dilapidated, insanitary~
unsafe or vermin infested in such manner as to create a serious
hazard to the health and safety of the occupants or the public.
3. The structure, because of the location, general conditions,
state of the premises or number of occupants, is so insanitary, un-
safe, overcrowded or otherwise detrimental to health and safety that
it creates a serious hazard to the occupants or the public.
~. The structure, because of the failure of the owner or
occupant to comply with such notices or orders issued pursuant to
this ordinance, is unfit for human habitation.
B. NOTICE OF INTENT TO VACATE
Whenever the Building Inspector determines that a dwelling
7
unit is unfit for human habitation as provided in "A" above, he shall
include such findings within the notice of violation provided for in
Section l~C hereof relating to Notices and Orders and he shall also
include a statement of his intent to vacate and placard the dwelling
unit if compliance with the provisions of the notice of violation has
not been secured.
~.. QRD~R %O MAC.~T~
~'~enever a notice of violation, as provided in Section 14. O
hereof, has not been complied with or a hearing in the violation hms
not been invoked as provided for in Section 14 hereof, the Building
Inspector may order the dwelling or dwelling unit to be vacated. A
copy of such notice to vacate shall be served on the owner or occu-
pant as provided for in Section 14C hereof.
O.. VAC$.~.E.D DWELL!N_G_~D~ SECURE
The owner, agent or operator of any dwelling which has been
designated as unfit for human habitation and vacated, shall make such
dwelling safe and secure in whatever manner the Building Inspector
shall deem necessary. Any vacant building, open at the doors and
windows, if unguarded, shall be deemed dangerous to human life and
a nuisance within the meaning of this provision.
E. NOTICE OF INTENT TO DEI~OLISH
Whenever the Building Inspector designates a building unfit
for human habitation, as provided in this ordinance, and determines
that the cost necessary to correct the violation is not reasonably
related to the value of the building, he shall include within the
notice of violation a statemen~ of his intent to order the demolition
of the structure. A copy of such notice shall be served on the
downer, occupant, lessee, or mortgagee. The owner may demolish the
structure or correct the violation regardless of cost.
~ECTION 16. BOARD OF HOUSING APPEALS
A. BOARD OF HOUSI~GAPP~LS
There is hereby created and established a Board of Housing
Appeals which shall be the City Council of the City of Delray Beach,
Florida.
The Mayor shall preside over the hearings and to question the
petitioner. The rules of evidence prevailing in Courts of Law and
Equity shall not be controlling on hearings. The City Council shall
adopt such rules and regulations as it may deem necessary to carry
into effect the provisions of this ordinance.
The l~'iayor shall call meetings and shall notify Council members;
in open meetings, that the Council shall hear appeals. The presence
of three members shall constitute a quorum and the concurring vote of
three members shall be necessary to reverse or modify any order or
notice of the Building Inspector. The proceedings at such hearing,
including the findings and decisions of the City Council shall be
summarized, reduced to writing and entered as a matter of public
record in the office of the Building Inspector.
Any person affected by any no~ice which has been issued in
connection with the enforcement of any provision of this ordinance,
or by any rule or regulation adopted pursuant thereto, may request
and shall be granted a hearing on the matter before the City Council;
provided that such person shall file in the office of the Building
Inspector a written petition requesting such hearing and setting forth
a statement of the grounds therefor within twenty (20) days after the
date the notice was served. Within the days after receipt of the
petition the Building Inspector shall set a time and place for such
hearing and shall give the petitioner written notice thereof. At
such hearing the petitioner shall be given an opportunity to be heard
and to show cause why such notice should be modified or withdrawn.
The hearinK before the City Council shall be commenced not later than
thirty (30) days after the date on which the petition was filed; pro-
vided that upon written application of the petitioner to the City
Council, the date of the hearing may be postponed beyond the thirty
(30) days if 'bhe petitio.uer shows good and ~ ~'~
should be postponed. Any notice served automatically becomes an
order if a written petition for hearing is not filed in the office
of the Building Inspector within twenty (20) days after the notice
served..
B. HEARINGS
Afte~~ su~ hearings, the City Cotmcil shall sustain, modify or
withdraw the notice, dapending upon its findings as to whether the
provi~ions cf the ordinance and of the ~ ~=- ,~o~._=.,~on,~ adc'oreck.
pursuant bk:.ere*5o bare been complied ~th. ?he Cit. y Corn!ell may
modify any notice so as ~o aubhorize a va~t~nt f:~om the prov~.sicns
con,.,~tzons a literal enforce-
this ordinance, when because of special ~'" '
ment of %he prov~sions of bh~ts ordinate will result in practical
difficulty or ~nscessary hardship; provided that the spirit of this
ordinance will be observed, public health and welfare secured. ~d
substa~3.tiai justice done. The City Council may also extend ~he time
specif'~ed for compliance if the case wsi'rants. =~ the City
o~a~I.s or modz.=zss such notice, i% shall be deemed to be ~,n order
and ~he violator shall comply with all provisions of such order
within the sk'ore-specified~ length of %ime.
C. APPEAL TO COURT
Any person or persons, jointly or severally, aggrieved by the
decision of the Ci%y Cocci_ or any taxpayer or any or'ricer, de-
parbment, board or b~eau of the m~iclpality may seek relief there-
t~.e laws
f~-om in any cour% of compeb~nt jurisdiction as provided by
of the S~ate.
SECTION 17, _ CONFLICT ~TH 0~ER~ORDINANCES
~ere a provision of ~his ordinance is found ~o be in conf].~ct
with a p~'ovision of any zoning, building, electrical, pl~bing, fire
he~h ordinance or ~y code or other regulation of
safety o'~ "~ ~
C~.'by, the provision which establishes bhe highest standard shall
prevail.
.~$9~IO.t{ 18. COt~FLICT OF PE~MITS ~D LiCE~SES
All d~partments, off~.cials ~d employees of ~he City who have
bhe duty' or the author~.ty t(, issue peri, its or licenses in reEard to
the construction, installation~ repair, use or occup~cy of dwellings
aud d~,~'eliin~ oni~s shall conform to the provisions of Shis ordinance,
no oermit or license shall be issued if such would be in conflict
vd_t~ ~his ordin~ce excepb as provided in Section 17 above.
SECTION 19. SEVER.~BILI~
If any section or provision of this ordinance should be heid.
iuw~.!id for any re~son whatsoever, such invalidity shall nob affect
the remaining port~ons of ~his ordinance, which shall remai~ in full
force and effect and the provisions of this ordinance are declared
to be severable,
oE,..TION 20. PENALTY
Any person or corporation viola~ing any of She provisions
thole ordinance shall be deemed guilty of a misdeamor ~nd
vlcOion thereof, shall be punished as Drovided in Sect.~.on ~ cf
Code of Ordin~ces of ~he Cit~ of Delr~v Beach. Florida. ~t._.~' ,
PASSED ~D ADOPTED by the City C~cil of the .~y~Delma~./
Beach, Florida, on this the 9th day o~ov~b.~~'~D'j'~9~9~"~.. ~1'
ATTEST:
First Reading October 26, 1959
Second Reading November 9, 1959