Loading...
Ord 30-09ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELR.AY BEACH, BY AMENDING SECTION 117.01, "PERMIT REQUIRED", TO CLARIFY WHEN A PERMIT IS REQUIRED; AMENDING SECTION 117.03, "APPROVAL OF APPLICATION", TO PROVIDE ADDITIONAL REQUIREMENTS; AMENDING SECTION 117.04, "APPEALS", BY RENAMING IT "DENIAL OR REVOCATION OF PERMIT APPLICATION; APPEALS"; AND AMENDING SECTION 117A5, "INSPECTION", TO PROVIDE FOR INSPECTION WITH A WARRANT; ENACTING A NEW SECTION 117.06, "TENANTJOCCUPANT EVIC'T'ION", TO ENSURE NOTICE AND DUE PROCESS RIGHTS ARE FOLLOWED OR ALTERNATE HOUSING IS PROVIDED; AND ENACTING A NEW SECTION 117.07, "SEVERABILITY", TO PROVIDE FOR SEVERABILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined that enforcement of various City ordinances can be improved by greater involvement by the owners of property; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to improve the quality of life for its residents; and WHEREAS, the Ciry Commission of the Ciry of Delray Beach, Florida, has developed a paint system whereby landlord permits may be revoked for repeated instances of warning, temporary compliance and repeated violation of nuisance ordinances in order to mare effectively address violations that affect the rights of residents adjacent to residential rental property within the Ciry of Delray Beach; and WHEREAS, the City Commission of the City of Dekay Beach, Florida, desires to ensure that proper eviction proceedings are followed by all landlords within the City of Delray Beach in accordance with Chapter $3, Florida Statutes, ar other methods of due process afforded to reduce harnelessness and crime in the City of Delray Beach; and WHEREAS, the courts have stated that houses far recovering addicts are subject to Residential Landlord Tenant Act requirements pertiitut~g to evictions. See, Burke v. {Jxford House n, f Oregon ~'hapter Imo, 341 Or. $2, 137 P.3d 127$ ~Or. 2046); and WHEREAS, hotels jmotels are licensed by the Department of Business and Professional Regulation and are oat regulated by landlord f tenant laws; and WHEREAS, all residential tenancies that are located in residential zoning districts and are not classified as hotel f motel uses shall be regulated by this section regardless of the length of the lease ar occupant contract unless such tenancies are licensed as Group Homes or Community Residential Hamel per ~ 419.441, Fla. Stat.; and WHEREAS, the Census Data collected by the U.S. Census Bureau in 2444 provides that the average family size is 2.87 people, and WHEREAS, the United States District Court far the Southern District of Florida held in .~~.y 0. v. City of Baca Ratnn, 511 F.Supp. 2d 1339 (S.D. Fla. 2047}, that there is, "nadiling wrong with the number three that the city has chosen." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 117, "Landlord Permits", Section 117.41, "Pernvit Required", shall be amended to read as follows: Sec. 117.01. PER:MI'T REQUIRED. (A} Na person, company ar other entity ~a mau offer to ar lease, sublease. rent. license sublicense or have any other arrangement allowing occupancy of ~~'~'°°~ ~~~ '~-~~~ any residential units , ~ , unless a landlord permit is obtained or in existence far the ttal units, All oral rental arrangements shall be included within the scope of this Section, but the operation of a hotel shall not be included in this Section (any building which fits the definition of hotel but also fits the definition of another use which requires a landlord permit shall be interpreted to require a landlord pernut}, nor shall any facility licensed bythe State as a Group Home. Community Residential Hame, or Assisted Living Facility., Whenever Chapter 117 refers to "lease}" "leased" "rent(s ". ar "rented". it shall hereinafter include leases. subleases, rentals licenses. sublicenses and all other arrangements far the occupancy ofPra~T (B} A separate permit shall be required for each ~rl leased unit. However, where a building contains a number of Via} leased units under the same owner, or where a number of different owners in one building authorize the same person or company to act as their agent for the purposes of applying for a permit, a single permit may be obtained for all qualifying units within a single building which are under the same owner or agent, provided that the permit fee is paid for each individual unit. Natlung in this Section shall require a permit for any unit enrolled in Federal housing programs or under Federal [Department ofJHousing and Urban Development general supervision. 2 ORD. NO.34-49 117A2. Applications far a landlord permit sha11 be available through the Community Improvement Department. The annual pernlit fee shall be fifty dollars {$50.00) per unit. Such permit fee shall be for one year from the date of issue on November 1 of each year. This fee shall not be prorated. Section 2. That Chapter 117, "Landlord Permits", Section 117.03, "Approval of Application", shall be amended to read as follows. Sec. 117.03 APPRC}VAL (JF APPLICATI()IV. {A) The Community Improvement Director, or his her designee, shall grant approval for the lease of units within the City for residential purposes upon a determination: {1) That the applicant has an interest in the property or is the agent or acting under the permission of one with a sufficient interest in the property to obtain a landlord permit; {2) That the units comply with the requirements of the Housing Code as set forth in Section 7.4.1 of the Land Development Reg~zlations of the City of Delray Beach with regard to those facilities necessary to make the rental unit habitable; a~ {3) That the rental of the units is in compliance with applicable zoning code regulations as enumerated in Chapter 4 of the Land Development Regulations; ~4) That no more than three ~3 unrelated~ersons shall reside in an_v unit as further defined in the definition of "family" as~ravided in Appendix "A" of the Land Development Regulations ; {5,) That an annual permit fee in accordance with Section 117.02 is paid• {fi.~_That the applicant and applicant's property are not in violation ~f this article• {7l That proof of payment of state sales tax is providec~on a annual basis at renewal for all leases that are less than six {G) months in duration in accordance with Section 212.03, Fla. Stat.: j8) That a local business tax receipt has been obtained for all leases that are rented more often than six {61 times in any one 1) vea, r; and j,_9,~, 'That the at~plicant has certified that they will t~rovide each tenant with a copy of ORD. N0.30-0~ a Chapter 83 Florida Statutes, Part II entitled "Residential Tenancies"• b Chapter 117 of the Code of Ordinances, entitled "Landlord Permits"; and c A pamphlet provided by the City containing guidelines for rentals. Section 3. That Chapter 117, "Landlord Permits", Section 117.04, "Appeals", shall be amended to read as follows: Sec. 117.04 DENIAL OR REVOCATION OF PERMIT APPLICATION; APPEALS. ~A) Permit application may be denied for the following reasons: (1) The application for permit is not fully completed and executed• ~2) The applicant has not tendered the required application fee with the application; (3) The application for permit contains a material falsehood or misrepresentation; The use is not allowed in the zoning district: ,(5) The applicant had their landlord permit revoked within the last twelve (12) months as set forth in Section 117.04(B) below. ~B) Permits m~ be revoked for the following reasons: ~1,) Violations of the City's Ordinances or state laws where the violation takes place at a unit regulated by this Section shall be grounds for applicable fines and the commencement of permit revocation proceedings as follows: ~ For each civil citation for a violation of a City ordinance, one (1) point will be assessed on the landlord permit for that individual unit. ORD. NO. 30-09 unit, the City Manager ar his Iher designee will send a written warning to the permittee or agent. The warning will sPecif~, which ordinance or ardi~nances have been violated and will state that further citations or violations could lead to a revocation of the permit. ~c~Accurnulatian of three~3~ o~Points on a landlord hermit for an individual unit during a 12-month Period from the date of the first citation shall constitute a violation of this section and the certifications of the applicant described above. subjecting the Permittee to revocation of the~ermit far the individual unit. {C} Appeals of a denial or revocation of a landlord permit shall be made to the Permit Review Committee which shall consist of the City Manager, the Corr~nunity lmprovement Director and the Planning and Zoning Director ar their respective designees. The City Attorney's Office shall act as counsel to the Permit Review Comnttee. Requests for appeal must be made in writing and received by the ~ Community lmprovement Director within thirty (30} days of formal notice of denial or revocation with the date of the notice of denial being the first day. Decisions of the Permit Review Committee may be appealed to the City Commission, whose decision shall be final subject to any appeal of such decision to the Circuit Court of Palm Beach ~oun~t . Section 4. That Chapter 117, "Landlord Permits", Section 117.05, "lnspectians", shall be amended to read as follows: Sec.117,05. INSPECTIONS. The Community lmprovement Director or his/her designee may inspect all rental units or units which are reasonably suspected to be rental units for compliance with all applicable City codes at reasonable hours with the permission of the owner, agent or tenant or a warrant. Section 5. That Chapter 117, "Landlord Permits", Section 117.06, "Tenant Eviction", of the Cade of Ordinances of the City of Delray Beach, Florida, shall be enacted to read as follows: Sec. 117.06. TENANTLOCCLTPAN'T EVICTION. A~ All at~t~licants granted a landlord neiit to lease residential units withhin the Citv's Residential Zoning Districts must provide notice prior to evicting a tenant or occupant in accordance with Chapter 83 of the Florida Statutes. jB? All residential uses requiring a landlord permit that are not otherwise required to follow Chapter $3, Florida Statutes. shall provide either fort eight X481 hours notice of eviction in writing to the tenantloccupant ar provide an alternative temporary dwelling unit for the tenant/occupant for at ORD. NO. 30-09 least ford-ei,~ht ~48) hours to avoid increased homelessness and crime and to ensure that tenantloccu~ant's due process rights are not violated. Section 6. 'T'hat Chapter 117, "Landlord Permits", Section 117.07, of the Code of Ordinances of the City of Delray Beach, Florida, shall be enacted to read as follows; Sec. 117.07 SEVERABILITY. ~A~Generally. If an~part. section. subsectian„~ara~ h, subparagraph sentence,~hrase. clause, term, or word of this Chapter 117. "Landlord Permits" is declared unconstitutional by the valid judgment or decree of anv court of competent jurisdiction, the declaration of such unconstitutionality shall not affect remainder of Chalater 117, "Landlord Permits". Section 7. 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 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That this ordinance shall become effective immediately upon its passage on second and final reading. "~~" PASSED AND ADOPTED in regular session on second a al readin on the day of `,} .2009, ATTEST ., ;~~ MAY O City Clerk First Readin Second Reading-~~~~ ORD. NC). 3o-a9 Page 1 of 1 MEM(~-F~AND-UM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 23, 2009 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION. MEETING OF JULY 1 2009 ORDINANCE N0.30-09~SECOND READING/SECOND PUBLIC HEARING ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider acity- initiated amendment to Chapter 117 of the Cade of Ordinances, "Landlord Permits", Section 117,01, "Permit Required", to clarify when a permit is required; Sectian 117.03, "Approval of Application", to provide additional requirements; Section 117.04, "Appeals", by renaming it "Denial or Revocation of Permit Application; Appeals", Section 11?.OS "Inspection", to provide for inspection with a warrant; enacting a new Sectian 117.06 "Tenantlflccupant Eviction", to ensure notice and due process rights are followed or alternate housing is provided; and, enacting a new Sectian 117.07 "Severability", to provide far severability. BACKGROUND At the first reading on June 2, 2009, the Commission passed Ordinance No. 30-09 with the addition of a reference to "Assisted Living Facility" in Section 117.01(A). FLECOMIYIENI}ATION Recommend approval of Ordinance No. 30-09 on second and final reading. http:llmiweb0011AgendaslBluesheet.aspx?ItemID=2327&MeetinglD=211 71812009 ORDINANCE NO.30-09 AN ORDINANCE OF THE CITY COIt~CVIISSION OF THE CITY OF DELRAY BEACf-Ir FLORIDA, AMENDING CFI~~IC~TER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES OF THE QTY OF DEL,RAY BEACH, BY .~-MENDING SECTION 117.01, "PERMIT REQUIRED", TO CLARIFY VVlgEN A PERMIT IS REQUIRED; A1~~NDING SECTION 117.03, "APPROVAL OF APPLICATION", TO PROVIDE ADDITIONAL REQUIREMENTS; AMENDING SECTION 117.04, "APPEALS", BY RENAIVIING IT "DENIAL OR REVOCATION OF PERMIT APPLICATION; APPEALS"; AND AMENDING SECTION 117,05, "INSPECTION", TO PROVIDE FOR INSPECTION WITH A WARRANT; ENACTING A NEW SECTION 117.06, "'I'EN1~~`~l'TJOCC:LJPA-N'T EVICTION", TO ENSURE NOTICE AND DUE PROCESS RIGHTS P-FZE FOLLOWED OR ALTERNATE HOUSING IS PROVIDED; AND ENACTING A NEW SECTION 117.07, "SEVET~;ABILITY", TO PROVIDE FOR SEVERABILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, A~1L7 AN EFFECTIVE DATE. VVI~REAS, the City Caznmis~~an of the City of Delray Beach, Florida, has determined that enforcement of various City ar~:lirsances can be improved by greater involven~nt by the awneas of 1~~ UVHEREAS, the City Commission of the City of Delray Beacl-~ Florida, c~sires to unprave the quality of life far its residents; and VV]~REAS, the City Commission of the City of Delray Beach, Florida, has developed a point system. v~~tereby landlord permits may be revoked for repeated instances of wrarzui~ temporary compliance and repeated violation of nuisance ordinances in order to more effectively address violations that affect the rights of rester adjacent to msdential rental property within the City of Delray Beach; and V11 IEREAS, the City Comrnis,~on of the City of Delray Beach, Florida, to ensure that proper eviction proc~eerlings are followed by all landlords witlvn the City of Delray Beach in accor~:lance with Cl a~apter 83, Flcrru~~ Statcd~, ar atl~er xrethods of drae process afforded to r~:~e homelessness and crime in the City of Delray Beach; and VVI~REAS, the courts have stated that houses for xeco~ addicts are subject to Residential Landlord Tenant Act r~:quu~err~ents pertaining to evictions. Sa', Bw~ce u C?xfrn~ Hcnrse of C?r~xm Chrxp~x V, 341 Or. 82,137 P.3d 1278 {Or. 2006}; and UJI:~REAS, hotels/motels are licensed by the Depaitr~nt of Business and Professional Re;~alation and are not regulated by landlord/tenant laws; and VVI~EREAS, all residential tenancies that are located in resic~tial caning districts and are not cla~~ified as hotel/motel uses shall be n:~;~~ated by this section mess of the lery~th of the lease ar cxcupant contract unless such tenancies are lice+~ed as Croup Homes ar Comnu~uty Resicleiitial Homes per £~ 419.001, Fta. Stet.; and WHEREAS, the Census Data collected by the U.S. C~rnsus Bureau in 2000 provides that the average family sate is 287 people; and V'JI~REAS, the United States District Court far the Southern .District of Florida held in j~~ D. u City of Boaz Raizm, 511 F.Supp. 2d 1339 {S.D. Fla 2007}, that there is, "natliing wrong with the number three that the cityhas chosen." NOW, THEREFORE, BE IT ORDAINiED BY THE CITY COIVMSSION OF THE CITY OF DEI.S~AY BEACH; FLORIDA„ AS FOLLOWS: ' n 1. That Chapter 117, "L,andlard Permits", Section 117.01, „Permit Re~~i~reci", shall. be amended to read as follows: Sec.117.Q1, PERMIT REQUIRED. (A) Na peisan, corz~pany or other entity cabs may aff~ tc~ ar l~:ase,, sublease, rent. license, sublicense ar Dave anv outer anrar-~+~xnent aIlowin~ occupy of e€fe~s~er-ease any z~adential units , unless a landlord permit is obtained or in existence far the re units. All oral rental arrang+~me~tts Mall be included within the scope of ti7is S~actian, but the operation of a hotel shall not be included in this 5ectian (any building which fits the definition of hotel but also fits the definition of another use which requires a ltuldlorei perntit sl~tall be interpreted to n~re a Iartdlorrl permit) nor ,,,;ill (B} A separate permit shall be required far each ~ ~ unit. Havrever, c~~lte.re a building contains a number of re~ ~ units under the sa~~r~e owner, ar ~re a number of diffex~xtt owners in one buildng at~thari~ze the same person or copy to act as their agent for the purposes of applying far a permit, a sangie partnit may be obtained for all qualif~tinng units within a single building which are under the sarzte awrier ar agent, provided that the permit fee is paid far estcli individual unit. Natlting in this Section shall: require a pemait for any unit enrolled in Federal housing prog~trns ar under Federal [Depai~trnent afjHausing and Urban Development general sr.~percrisian. 2 ORD. N0.30-09 arrangerrterttsfar the occt~~~ p, rat ., See. 117.02. PERMIT FEES. Applications for a landlord pernut shall be available through the Carrunr.mity Improvement Departm~xrt. The annual pernut fee shall be fifty dol1~^s {$50.00) per unit. Such permit fee shall be for one year from the date of issue an Nav+ember 1 of each y~ar. This fee shall not be prorated lion 2. That Chapter 117, "Landlord Permits", Section 117.03, "1?-f>proval of Application", shall be arrez'rded to read as follows: Sec. 117.03 APPRtJVAL C}F APPLICATIC?N. {A) The ~~ief~alld~~; ieiaf Carrurn~nit~r Iznfmavexr~ent Director, ar his,[ designee, shall grant ~~ for the lease of units within the City far residential prrrpases upon a determination {1) That the applicant has an interest in the properly or is the agent or acting unc~x the permission of one with a sufficient interest in the property to obtain a landlord permit; {2} That the units comply with the requirements of the Housing Cade as set forth in Section 7.4.1 of the Land Develaprr~ent Rey~ilations of the City of Delray Beach with r~:gard to those facilities necessary to make the rental unit habitable arm (3) That the rental of the units is in compliance with applicable zariing code iyegulations as enurr~erated in C~'apter 4 of the Land Development R~egulations~ 4(,~ T2~at no .mare than three t,3) unrelatedns shall resic~ ~ anv unit as fi~the~r defined irr the elefinition of "fa~mily'~a,,,~rovided it1 A~dix "A" of the Land D~velolament R~;grrlatians ~5} That an annual rx3rrrut fee in accordance with Section 117.02 is paid: {6) That the applicant and applicant's prop~t~are not " violation of this article; Section 212.Q3,1='1a. S~k; ,{$) That a local business tax receipt has been obtained for all leases that are rented mare often Phan six {b) timE:s in anyo~r ~,1,~ y~ ar; and 3 URD. NC}. 30-09 (9) That the a~licant has certified that they will Provide each tenant with a co,~sy of• a. C:haPter 83, Ftc~rida ~~zt~, Part II, entitled "Residential Tcies"• b. C~~ 117 of the Cade of Ordir~anceS, entitled "Landlord. P+~C'RlltS"; and c. A Pa~s~hlet vrovided by the City o~ nt~~~ing g~ridelines fc~r rentals. Section 3. That Chapter 117, "Landlord Permits", Section 117.04, ".~-~s~~ea]s", shall be an~,rided to read as follows; Sec, 117.04 DENIAL OR REVOCATION OF PER:IVIIT APPLICATION; .APPEALS. (A) Permit application may be denied for the following reasons; ~B) Permits maybe revoked far the fallowing r4=asons; (1) Violations of the Citds Qr~Iinances or state Iandlordltenant laws v~ere the violation tC Place at a unit ri~3ulated by this Section shall be founds for applicable fines and the corrunericement of Hermit revocation Pte' as fcallot,~~• _ ORD. NO.30-09 {a~ For each civil citation for a viola 'on of a City ordinance orbe {1~.point will be assessed on the landlord,namit far that individual emit. fib} A-ftex tcn~ {2~ paints are assessed on a landlord Taunt for an individual unit. the City I~rlaiia~er or his/her designee will send a written wa~min,~ to the nPrmittee or aeent. The tivamin~ will ~ which or~~inance or ordinances have been violated and will state that fiuther vita 'ons ar violations could lead to a revacati n of the ,~amit, i~c) Accumulation of three~'~l ar mare points an a landlord permit for an of the aplalicant described above, subiec,.~ uemuittee to revocation of the r~ermit for. the irulividual unit. ~ .A-f~peals of a cl~nial or revocation of a landlord permit shall be made to the Permit Review Committee which shall can~st of the City 141anagex, the Can~uruzruty Improvement Director and the Pl~~r~'nng and Zoning Director ar their respective designees. The City Attomey~s C>ffice shall act as counsel to the Permit Review Committee. Requests far ~ must be n in writing and received by the Q~ie~l~l~-g~ial Communii~Improvement Director within filiirty (30) days of formal notice of denial ar revocation with the date of the native of denial being the first day, Decisions of the Pernut Review Committee maybe appe~~led to the City Comrnissian, whose decision shall be final subject to any appeal of such decision to the Circuit Court crf Palm Beach aun . Section 4. That C~~apter 117, "Landlord Pernnts", Section 117.05, "U~:>pection.s", shall be amended to read as follows: Sec.117.05. INSPECTIONS. The ~ild~~€€ieial CammurutX Irnpravernent Director or his/her desigcaee may inspect all rental. units or units which are reasonably suspected to be rental units far compliance with all applicable City code`s at reasonable hours with the permission of the owner, agent or taunt ar a wannr~. S_~ction~. 'I'l~at C1i~pter 117, "Landlord Permits", Section 117,Ob, `"Taunt Eviction", of the Code of C)rdinartces of the City of Delray Beach, Florida, sha11 be anacted to read as follows: Sec. 117,06, TENANTIOCGUPANT EVICTION. 5 C}RD. NC>. 3(}-09 ,~B) All n~iclential uses retuitin~ a landlord =permit that are not otherwise recLuir~d to follow Chapter 83 Florida Statukes shall rmovide either fort~eight~(48~.hours notice f eviction rn writing to : ` tenar~tloccuPant`s due Process rishts are not violated ~ec.tion 6. That C~i~pter 117, "Landlord Petxrrits", Section 117.07, of the Code of Qrdinances of the City of Delray Fetich, Florida, shall be enacted to read as follows: Sec. 117.47 SEYERABILITY. Section 7. That should any section or provision of this ordirtiance or any portion thereof, any para~~aph, sentence, or ward be decl<~recl by a court of competent jurisdiction to be invalid, such coon shall not affect the validity of the remainder hereof as a cnle or part thereof other than the part declared to be invalid Section 8. That all orciinar~ces or parts of orcfuc~arrces in conflict herewith be, and the same are hereby repealed S~tion That this ordinance shall become effective irruxrecliately upon its passa~esa on second and final n~~cling. PASSED AND ADAPTED in r£:~gular session on second and final x~~ading on this the day of 2009. ATTEST MAYC?R CityClerk First Second 6 ORD. NU. 30-09 Page 1 of 2 IYIEl~?IORANDUII~I TO: Mayar and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: May 27, 2009 SUBJECT: AGENDA ITEM 10.I -REGULAR CC}MiVIISSIC}N MEETING QF T[TNE 2, 2009 ©RDINANCE N4.30-Q9 (F`IRST READINGIFIRST PUBLIC HEARING) ITEM BEFORE COMMISSION Consideration of achy-initiated amendment to the City's Cade of Ordinances that will amend the current section pertaining to Landlord Permits. BAC'KGROLTND The proposed ordinance amends Chapter 11'7, Landlord Permits, to provide that applications for landlord permits be approved by the Community Improvement Director {or their designee). In order to obtain approval, the applicant must: § show that no more than 3 unrelated persons reside in any leased unit § pay an annual permit fee of $50 per unit § provide proof that the applicant's property is not in violation § prove that sales taxes for rentals less than 6 months have been paid § prove that a 1aca1 business tax receipt has been obtained for all leases, rentals, licenses and subleases rented more than 6 times in 1 year, and § certify that they will provide the tenant with a copy of Chapter 83, F.S., Chapter 117 of the City's Code of Ordinances and the City's pamphlet regarding rental guidelines. Applications far landlord permits may be denied if: the application is incomplete htip://miweb001/AgendaslBluesheet.aspx?ItemID=2249&MeetingID=208 6123/2009 Page 2 of 2 ^ the fee has not been paid ^ false information is provided ^ the use is not permitted in the zoning district ^ the applicant's permit has been revoked in the last 12 months. Permits may be revoked if the applicant has violated the City's ordinances or state landlordltenant law 3 or more times in a 12 month period. A11 denials and revocations may be appealed to a committee consisfiing of the City Manager, Community Improvement and Planning and Zoning Directors or their designees. All applicants granted a permit must provide notice prior to evicting a tenant in accordance with Chapter $3, F.S,, unless they are exempt, in which case they must provide 4$ hours notice of eviction in writing to the tenant or provide the tenant an alternative temporary dwelling unit for 4$ hours to reduce homelessness and crime. ~tEVIEW BY OTIIERS The text amendment was considered by the Planning and Zoning Board on May 1$, 2449. The Board unanimously recommended approval on a 5 to 4 vote (Glickstein and Dowd absent), by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M} of the Land Development Regulations, with the fallowing conditions: That Section 117A3(A)(4} and 117.43{A}($} be stricken. That the $54 annual permit fee be increased. Final fee to be determined at the Commission's discretion. RECOMMENDATION Recommend approval on first reading Ordinance No, 34-49 for acity-initiated amendment to the City of Delray Beach Code of Ordinances. http:llmiweb4411Agendas/Bluesheet.aspx?IternID=2249&.MeetingID=24$ 6/23/2449 .PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: MAY 18, 2008 AGENDA NO: V.E. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 117.01, "PERMIT REQUIRED", TO CLARIFY WHEN A PERMIT IS REQUIRED; AMENDING SECTION 117.03, "APPROVAL OF APPLICATION", TO PROVIDE ADDITIONAL REQUIREMENTS; AMENDING SECTION 117.04, "APPEALS", BY RENAMING IT "DENIAL OR REVOCATION OF PERMIT APPLICATION; APPEALS"; AND AMENDING SECTION 117.05, "INSPECTION", TO PROVIDE FOR INSPECTION WITH A WARRANT; ENACTING A NEW SECTION 117.06, "TENANTlOCCUPANT EVICTION", TO ENSURE NOTICE AND DUE PROCESS RIGHTS ARE FOLLOWED OR ALTERNATE HOUSING IS PROVIDED; AND ENACTING A NEW SECTION 117.07, "SEVERABILITY", TO PROVIDE FOR SEVERABILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. .ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to the City's Cade of Ordinances, amending Chapter 117, "Landlord Permits.° A courtesy review and recommendation from the Planning and Zoning Board is requested. BACKGROUND/ANALYSIS The proposed ordinance amends Chapter 117, Landlord Permits, to provide that applications far landlord permits be approved by the Community Improvement Director {or their designee}. In order to obtain approval, the applicant must; ^ show that no more than 3 unrelated persons reside in any leased unit ^ pay an annual permit fee of $50 per unit ^ provide proof that the applicant"s property is not in violation ^ prove that sales taxes for rentals less than 6 months have been paid ^ prove that a local business tax receipt has been obtained for all leases, rentals, licenses and subleases rented more than 6 times in 1 year, and ^ certify that they will provide the tenant with a copy of Chapter 83, F.S., Chapter 117 of the City's Code of Ordinances and the City's pamphlet regarding rental guidelines. Applications for landlord permits may be denied if; the application is incomplete ^ the fee has not been paid ^ false information is provided ^ the use is not permitted in the zoning district Planning and Zoning Board Meeting, May 18, 2009 Code of Ordinance amendment-Landlord Permits the applicant's permit has been revoked in the last 12 months. Permits may be revoked if the applicant has violated the City's ordinances or state (andlardltenant law 3 ar more times in a 12 month period. All denials and revocations may be appealed to a committee consisting of the City Manager, Community Improvement and Planning and Zoning Directors or their designees. All applicants granted a permit must provide notice prior to evicting a tenant in accordance with Chapter 83, F.S., unless they are exempt, in which case they must provide 48 hours notice of eviction in writing to the tenant or provide the tenant an alternative temporary dwelling unit far 48 hours to reduce Namelessness and crime. REQUIRED ENDINGS Comprehensive Plan Conformance LDR Section 2.4.5{M}{5} {Findings} requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, objectives and Policies of the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations. ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to the City Cade of C)rdinances, by Amending Section 117.01, "Permit Required", Ta Clarify When A Permit is Required; Amending Section 117.03, "Approval C}f Application", To Provide Additional Requirements; Amending Section 117.04, "Appeals", By Renaming It °Denial Dr Revocation t~f Permit Application; Appeals"; And Amending Section 117.05, `9nspectian", Ta Provide For Inspection With A Warrant; Enacting A New Section 117.06, "TenantlC}ccupant Eviction", To Ensure Notice And Due Process Rights Are Followed 4r Alternate Housing Is Provided; And Enacting A New Section 117.07, "Severability", To Provide Far Severability; Providing A Saving Clause, A General Repealer Clause, And An Effective Date. C. Move a recommendation of denial to the City Commission of the amendment to the City Code of Ordinances, by Amending Section 117.01, "Permit Required", To Clarify When A Permit Is Required; Amending Section 117.03, "Approval Of Application", To Provide Additional Requirements; Amending Section 117.04, "Appeals", By Renaming It "Denial Or Revocation Of Permit Application; Appeals"; And Amending Section 117.05, "Inspection", To Provide For Inspection With A Warrant; Enacting A New Section 117.06, "TenantlOccupant Eviction", To Ensure Notice And Due Process Rights Are Followed Or Alternate Housing Is Provided; And 2 Planning and Zoning Board Meeting, May 18, 2009 Code of ordinance amendment-Landlord Permits Enacting A New Section 117.07, "Severability", To Provide For Severability; Providing A Saving Clause, A General Repealer Clause, And An Effective Date. (motion to be made in the affirmative}. RECOMMENDED ACTION Recommend approval of the amendment to the City Commission of the amendment to the Gity Cade of Qrdinances, by Amending Section 117.01, "Permit Required", To Clarify When A Permit Is Required; Amending Section 117.03, "Approval Of Application", To Provide Additional Requirements; Amending Section 117.04, "Appeals", By Renaming It "Denial C?r Revocation Uf Permit Application; Appeals' ; And Amending Section 117.05, "Inspection", To Provide For Inspection With A Warrant; Enacting A New Section 117.06, "Tenant/©ccupant Eviction", To Ensure Native And Due Process Rights Are Followed C7r Alternate Housing Is Provided; And Enacting A New Section 117.07, "Severability", To Provide For Severability; Providing A Saving Clause, A General Repealer Glause, And An Effective Date, Attachment: ^ Proposed ordinance Code of ordinance amend-Landlord Permits-PZ8-5-18-09 3 ORDINANCE NO, 30-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCF,S OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 117.01, "PERMIT REQUIRED", TO CLARIFY WHEN A PERMIT IS REQUIRED; AMENDING SECTION 117.03, "APPROVAL OF APPLICATION", TO PROVIDE ADDITIONAL REQUIREMENTS; AMENDING SECTION 117.04, "APPEALS", BY RENAMING IT "DENIAL OR I~:EVOCATION OF PERMIT APPLICATION; APPEALS"; AND AMENDING SECTION 117.05, "INSPECTION", TO PROVIDE FOR INSPECTION WITH A WARRANT; ENACTING A NEW SECTION 117.06, "TENANTf OCCUPANT EVICTION", TO ENSURE NOTICE AND DUE PROCESS RIGHTS ARE FOLLOWED OR ALTERNATE HOUSING IS PROVIDED; AND ENACTING A NEW SECTION 117.07, "SEVERABILITY", TO PROVIDE FOR SEVERABILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Coxsxrriission of the City of Delray Beach, Florida, has determined that enforcement of various City ordinances can be improved by greater involvement by the owners of property; and WHEREAS, the City Commission of the City of Dekay Beach, Florida, desires to improve the quality of life for its residents; and WHER.f{.AS, the City Commission of the City of Delray Beach, Florida, has developed a point system whereby landlord permits may be revoked for repeated instances of warning, temporary compliance and repeated violation of nuisance ordinances in order to more effectively address violations that affect the rights of residents adjacent to residential rental property within the City of Delray Beach; and WHEREAS, the City Comtriission of the City of Delray Beach, Florida, desires to ensure that proper eviction proceedings are followed by all landlords within the City of Delray Beach in accordance with Chapter $3, Florida Statutes, or other methods of due process afforded to reduce homelessness and crime in the City of Dekay Beach; and WHEREAS, the courts have stated that houses for recovering addicts are subject to Residential Landlord Tenant Act requirements pertaining to evictions. See, Burke v. Oxford House of Oregon C'ha~iter l~, 341 Or. 82, 137 P.3d 1278 {Or. 2006}; and WHEREAS, hotels/motels are licensed by the Department of Business and Professional Regulation and are not regulated by landlordJtenant laws; and ~THEREAS, all residential tenancies that are located in residential zoning districts and are not classified as hotel f motel uses shall be regulated by this section regardless of the length of the lease ar occupant contract unless such tenancies are licensed as Group Homes or Community Residential Homes per ~} 419.001, F`la. Stat.; and WHEREAS, the Census Data collected by the U.S. Census Bureau in 2000 provides that the average family size is 2.87 people; and WHEREAS, the United States District Court for the Southern District of Florida held in J~ C7. a City of Boca Raton, 511 F.Supp. 2d 1339 {S.D. Fla. 2007}, that there is, "nothing wrong with the number three that the city has chosen." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 117, "Landlord I~ermits", Section 117.01, "Permit Required", shall be amended to read as follows: Sec, 11.1}1. PERMIT REQUIREI}. {A} No person, company or other entity Elie may offer to or lease, sublease. rent, license sublicense or have any other arrangement allowing occupancy of ncc,,..,, ~ ° '~~~~ any residential units ~ , unless a landlord permit is obtained or in existence for the ~ units. All oral rental arrangements shall be included within the scope of this Section, but the operation of a hotel shall not be included in this Section {any building which fits the definition of hotel but also fits the definition of another use which requires a landlord permit shall be interpreted to require a landlord permit}, nor shall any facility licensed by the State as a Group Home, Community Residential Home, ar Assisted Li_ ving Fa__~ility. Whenever Chapter 117 refers to "lease~~", "leased"? "rent s, ", or "rented", it shall hereinafter include leases subleases rentals licenses sublicenses and all other arrangements for the occupancy of prouerty. (B) A separate permit shall be required for each r+ leased unit. However, where a building contains a number of ~ leased units under the same owner, or where a number of different owners in one building authorize the same person or company to act as their agent for the purposes of applying for a permit, a single permit may be obtained far all qualifying units within a single building which are under the same owner or agent, provided that the permit fee is paid for each individual unit. Nothing in this Section shall require a permit far any unit enrolled in Federal housing programs or under Federal [Department of]Housing and Urban Development general supervision. 2 ORD. NO. 30-09 Sec, 117.02. PERMIT FEES, Applications for a landlord permit shall be available through the Community Improvement Department. The annual permit fee shall be fifty dollars ($50.00) per unit. Such permit fee shall be for one year from the date of issue on November 1 of each year, This £ee shall not be prorated. Section 2, That Chapter 117, "Landlord Permits", Section 117.03, "Approval of Application", shall be amended to read as follows: Sec. 117.03 APPR4vAL (}F ,~-PPLICATION. (A} The ~ Community Improvement Director, or his her designee, shall grant approval for the lease of units within the City for residential purposes upon a determination: (1) That the applicant has an interest in the property or is the agent or acting under the permission of one with a sufficient interest in the property to obtain a landlord permit; (2) That the units comply with the requirements of the Housing Code as set forth in Section 7.4.1 of the Land Development Regulations of the City of Delray Beach with. regard to those facilities necessary to make the rental unit habitable„ a~ (3) That the rental of the units is in compliance with applicable zoning code regulations as enumerated in Chapter 4 of the Land Development Regulationsi ,(4} That no more than three (3) unrelated persons shall reside in any unit as further defined in the defiszition of "fanvl,~as provided in Appendix "A>' of the Land Development Regulations ; (5) That an annual hermit fee in accordance with Section 117.02 is paid; ~6) That the applicant and abt~licant's property are not in violation of this article; (7) That proof of payment of state sales tax is provided on a annual basis at renewal for all leases that are less than six (6} months in duration in accordance with Section 212.03 Fla. Stat (8} That a local business tax receipt has been obtained for all leases that are rented more often than six (6} times in any one 1~year; and C}RD. NO. 30-09 ~) That the applicant has certified that they will provide each tenant with a copy of: a. Cha ter 83 Florida Statutes Part II entitled "Residential Tenancies"~ b Chapter 117 of the Code of Ordinances, entitled "Landlord Permits"; and c A pamphlet provided by the City containing guidelines for rentals. Section 3. That Chapter 117, "Landlord Permits", Section 117.04, "Appeals", shall be amended to read as follows: Sec. 117.04 DENIAL OR REVOCATION OF PERMIT APPLICATION; APPEALS. ~A) Permit application may be denied for the following reasons: (11 The application for permit is not full completed and executed; (2) The applicant has not tendered the required application fee with the application; (3) The application for permit contains a material falsehood or misrepresentation; (4) The use is not allowed in the zoning district; (5) The applicant had their landlord permit revoked within the last twelve ~12~ months as set forth in Section 117.04~B) below. ~B) Permits may be revoked for the following reasons: (1) Violations of the City's Ordinances or state landlord/tenant laws where the violation takes place at a unit regulated by this Section shall be grounds for applicable fines and the commencement of permit revocation proceedings as follows: ORD. NO. 30-09 {a) For each civil citation for a violation of a City ordinance, one {1Lpoint will be assessed an the landlord permit for that individual unit. After two f2~ points are assessed on a landlord permit fog an individual unit, the Cit3T Manager or hislher designee will send a written warning to thethe permittee or agent. The warning will si~ecify which ordinance ar ordinances have been violated and will state that further citations or violations could lead to a revocation of the permit. c~ Accumulation a£ three l31 or more points on a landlord hermit for an individual unit during a 12-month period from the date of the first citation shall constitute a violation of this section and the certifications of the applicant described above, subjecting the perrnittee to revocation of the permit for the individual unit. {C) Appeals of a denial or revocation of a landlord permit shall be made to the Permit Review Committee which shall consist of the City Manager, the Community Improvement Director and the Planning and Zoning Director or their respective designees. The City Attorney's C-ffice shall act as counsel to the Permit Review Committee. Requests far appeal must be made in writing and received by the Communit~provement Director within thirty {30) days of formal notice of denial or revocation with the date of the notice of denial being the first day. Decisions of the Permit Review Committee may be appealed to the City Commission, whose decision shall be final subject to any appeal of such decision to the Circuit Court of Pallor Beach County. Section 4. That Chapter 117, "Landlord Permits", Section 117.05, "Inspections", shall be amended to read as follows; Sec. 11'7.05. INSPECTIONS. The Community Improvement Director or his/her designee may inspect all rental units or units which are reasonably suspected to be rental units for compliance with all applicable City codes at reasonable hours with the permission of the owner, agent ar tenant or a warrant. Section 5. That Chapter 117, "Landlord Permits", Section 117.06, "Tenant Eviction", of the Code of Ordinances of the City of Delray Beach, Florida, shall be enacted to read as follows: Sec. 117.OG. TENANT/OCCUPANT EVICTION A All a licants anted a landlord ermit to lease residential units within the Ci 's Residential Zoning Districts must provide notice prior to evicting a tenant or occupant in accordance with Cha ter 83 of the Fldridr~ Statutes. 5 ORD. N O. 30-09 (B~ All residential uses requiring a landlord permit that are not otherwise required to follow Chapter 83, Florida Statutes, shall provide either forty-eigh~48) hours notice of eviction in writing to the tenant/occupant or provide an alternative temporary dwelling unit for the tenant/occupant far at least forty-eight 481 hours to avoid increased homelessness and crime and to ensure that tenant/occupant's due process rights are not violated. Section 6. That Chapter 117, "Landlord Permits", Section 117.07, of the Code of Ordinances of the City of Delray Beach, Florida, shall be enacted to read as follows: Sec. 117.07 SEVERABILITY» ~A1 Generally. if any part section, subsection,~aragr_a, h, subparagraph, sentence, phrase, clause, term, or word of this Chapter 117, "Landlord Permits" is declared unconstitutional by the valid 'lodgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality sha11 not affect remainder of Chapter 117, "Landlord Permits". Section 7. 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 renrailider hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That all ordinances ar parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That this ordinance sha11 become effective immediately upon its passage an second and final reading. PASSED AND ADOp~TF,D in regular session on second and final reading on this the day of . 2009. ATTEST MAYOR City Clerk First Reading; Second Reading G ORD, NO. 30-09 OftOIN NCEN0.30.09 cv r~ b m ~' m 0 u '. `:. ,~ .n M ` RE~IJLATIONS AND THE C~}DE aE OR~INAN~ES, The Clty Cammisslan of the City of Delray Beach, Florida, proposes to adop# the following ordinances.... ORDINANCE Nt}. 27.09 . AN ORDINANCE OF 'fHE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND .DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX."A°, `DEFINI- TIONS", TO .PROVIDE AN UPDATED .DEFINITION OF FAMILY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ~~~:Q~ . ; ,...... AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION {I}, "COMMUNI"TY RESIDENTIAL HOMESAND GROUP HOMES°; TO UPDATE THE SEC110N TO COMPC?RT WITH CHANGES INSTATE LAW; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ~?RDIt~ANCE NO: 29.09 . AN ORDINANCE {)F THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.3, "SPECIFIC REQUIREMENTS FOR SPEC#FkG USES", BY ENACTING A NEW SUBSECTION 4.3.3{ZZZ}, "TRANSIENT RESIDENTIAL USES°; IN ORDER TO ESTABLISH PRfJHIBI- TIONS; EXEMPTIONStEXCEPTIONS, WAIVERS, AND PENALTIES FOR SAME; AMENDING SECTION 4.4.6, 'MED#UM DENSITY 'RESIDENTIAL (RM} DISTRICT°, SUBSECTION {B}, "PRINCIPAL USES AND STRUCTURES PERMITTED°, IN ORDER TO PROVIDE THAT TRANSIENT RESIDENTTIAL USES SHALL BE ALLOWED AS PERMITTED USES WITHIN THE (RM} DISTRICT; AMENDING APPENDIX °A°, "DEFINITIONS°, IN ORDER TO PROVIDE A DEFINITION OF' "TRANSIENT RESIDENTIAL USES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Aid ORDINANCE aF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, °LANDLORD PERMkT5°;: OF THE CODE OF ORDINANCES OF THECITY OF. bELRAY $EAGH, BY AMENDING•SEGTION 117.01, "PERMIT REQUIRED", TO CLARIFY WHEN A PERMIT . IS REQUIRED; AMENDING SECTION 117.43, "APPR01lAL OF APPI.ICATkO,N";,,TO. PROVIDE ADDI'PIONAL REQUIRE- MENTS AMENDING SECTION 117.04; "A'PPEALS°, BY RENAMING IT "DENIAL OR REVOCATION OF PERMIT APPLICATION;? APPEAI:S";.-AND. AMENDING SECTION 117.45, atNSPECTION`;. TO: PROVIDE:° FOR INSPECTION WITH A WARRANT; ENACTING A NEW SECTION 117.46, "TENANTtOCCUPANT `EVICTION", TO ENSURE NOTICE <? :.;AND DUE PROCESS RIGHTS ARE FOLLOWED OR ALTER- NATE HOUSING IS PROVIDED; AND ENACTING A NEW SECTION 117.47, "SEVERABILITY", TO PROVIDE .FOR SEUERABII,ITY; PROVIDING, A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE: The Ci{y Gontrnlssion wiu tronduct two (2} Public Hearings for the purpose of accepting publiC'tesfkmony regarding the proposed ordinances. The first Public bearing will'be held on T St~AY JUNE 2 200~'~T44 P{~ kn the Commission Chambers aLCity Hall, 104 N.W. 1st Avenue; Delray Beach, Fonda. 8 the proposed ordinances are passed on first reading, a s~ond Public Hearing vvi4 be held on TUIr~p Y1~,JU Y~7,., 2049 AT 7;44 RM. (or at any continuation of suds meeting which is set by the Commission} in the Commission Charirt~rs at City Hal1,104 N.W.1 st Avenue, Delray Beach, Florida.. All interested citizens are invited to aftend the pubic hearings and comment upon the proposed ordinance or subm'st their comments in wrfting on ar before the date of these hearings to the Planning and Zoning Department. Forfurther informatkon ar to obtain a copy of the proposed ordinance, please contact the Plannkng and Zoning Department, City, Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (email. at pzmail@mydelraybeach.eom) or by calling 8611243.7040), between the hours of 8:44 a.m. and 5;0{3 p.m:, Monday through Friday, excluding holidays. Please be advised #hat If a person decides to appeal any decision made by the City Commission with respect to any matter considered at these hearings, such person may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal Is to be based. Tha Csty does not provide nor prepare such record pursuant to F.S. 286.0105. CITY OF DELRP,l`9EF1CH Chevelie D. Nubin, CMC CIt}r Clerk PUBLISH: Tuesday, May 26, 2009:. Thursday, Juty 2, 2009 Delray Beach/Boca Rafon News,'