88-87 ORDINANCE NO. 88-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND
CONSTRUCTION", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE XI, "TREE
AND SHRUB REMOVAL AND PROTECTION", SECTION 9-394,
"PERMIT REQUIRED FOR REMOVAL", TO ADD A NEW SUBPARA-
GRAPH (e), "FEE TO BE TRIPLED WHERE WORK BEGUN WITHOUT
PERMIT", TO PROVIDE FOR FEES TO BE CHARGED WHERE WORK
BEGINS WITHOUT A PERMIT; SECTION 9-397, "RELOCATION OR
REPLACEMENT OF TREES", TO PROVIDE FOR AN INCREASE IN
THE REMOVAL FEE; AND SECTION 9-399, "TREE REMOVAL PERMIT
FEE", TO PROVIDE FOR AN INCREASE IN THE REMOVAL PERMIT
FEE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TH~ CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 9, "Buildings and Construction:, Article XI, "Tree
and Shrub Removal and Protection", Section 9-394, "P~rmit required for removal", of
the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is,
hereby amended by enacting a new Subparagraph (e), "Fee to be tripled where work
begun without permit", to read as follows:
(e) Fee to be tripled where work be_gun without permit. Where work for which a
permit is required by this code is started or proceeded with prior to obtaining said
permit, the fees herein specified shall be tripled, but the payment of such tripled fee
shall not relieve any persons from fully complying with the requirements of this code in
the execution of the work from any other penalties prescribed herein.
Section 2. That Chapter 9, "Buildings and Construction:, Article XI, "Tree
and Shrub Removal and Protection", Section 9-397, "Relocation or replacement of trees",
of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is,
hereby amended to read as follows:
As a condition to the granting of a permit, the applicant may be required to
.relocate the tree being removed or required to replace it with a tree somewhere within
the site of a type that will attain normally an overall minimum height of at least twenty
(20) feet and shall be a minimum of eight (8) feet in height when planted, if available.
When a removed tree is replaced with a tree of a type described in the preceding
sentence, the removal fee of Fl~,~-elel~s~s--(-~.-0~-) fifteen dollars ($15.00) per tree, as
proved in section .9-396, will be waived. Replacement will not be required where the
tree is being removed because of disease or interference with existing roadways,
driveways, sidewalks and street areas, septic tank drain fields, sewer lines or develop-
ment of commercial property which does not leave room for replacement.
Section 3. That Chapter 9, "Buildings and Construction:, Article XI, "Tree
and Shrub Removal and Protection", Section 9-399, "Tree removal permit fee", of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the same is, hereby
amended to read as follows:
There shall be paid to the building department a permit fee of
fifteen dollars ($15.00) for each tree removed. Where a tree has died due to natural
causes, including disease, lethal yellowing, freezing temperatures, lightening and
storms, inspection and permit shall be required as herein provided, but the permit fee
shall be waived.
Section 4. 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 5. That this ordinance shall become effective on November 1, 1987.
PASSED AND ADOPTED in regular session on second and final reading on this
the 27th day of October , 1987.
MAYOR
ATTEST:
City Cl~t
First Reading October 13, 1987
Second Reading October 27, 1987
2 ORD. NO. 88-87