Ord 04-05
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ORDINANCE NO. 4-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 135, "ABATEMENT OF NUISANCES", SECTION
135.10, "DEFINITIONS", CLARIFYING CERTAIN
DEFINITIONS SO AS TO CONFORM TO F.S. 893.138;
AMENDING SECTION 135.40 "CONDUCT OF HEARINGS",
CLARIFYING HOW HEARINGS ARE CONDUCTED;
AMENDING SECTION 135.70 "FINES FOR
NONCOMPLIANCE WITH ORDERS", PROVIDING FOR THE
TOTAL FINES IMPOSED PURSUANT TO THE AUTHORI1Y
OF THIS ORDINANCE TO BE INCREASED TO $15,000.00 TO
COINCIDE WITH F.S. 893.198; TO PROVIDE FOR THE
REASONABLE PAYMENT OF ATIORNEY'S FEES TO THE
CI1Y AND ENACTING A SECTION CONCERNING AN
ACTION AGAINST A PROPER1Y OWNER WITH MULTIPLE
TENANTS; PROVIDING A SAVING CLAUSE, A REPEALER
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the State of Florida enacted Section 893.138, Pia. Stat. to allow a local
government to establish a nuisance abatement Board to address the issues of prostitution, the sale of
controlled substances on property, dealing in stolen property and criminal street gang activity within
the local government's jurisdiction; and
WHEREAS, the Delray Beach City Commission recognizes the significant efforts of
the citizens of Delray Beach and the Delray Beach Police Department in working together to
control prostitution; the sale of controlled substances, dealing in stolen property and criminal street
gang activity; and
WHEREAS, the City of Delray Beach City Commission finds that in order to
further protect its citizens' health, safety and welfare, the Nuisance Abatement Board must be
empowered with the full range of authority granted to it under Section 893.138, Pia. Stat..
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF
THE CI1Y OF DELRA Y BEACH AS FOLLOWS:
Section 1. That Chapter 135, "Abatement of Nuisances", of the Code of Ordinances of the
City of Delray Beach, Florida, Section 135.10, "Definitions", be and the same is hereby amended to
read as follows:
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Section 135.10. DEFINITIONS
For the purpose of this Article, the following definitions shall apply unless the context
clearly indicates or requires a different meaning:
Board. The Nuisance Abatement Board of the City of Delray Beach.
Clerk. The person appointed by the local governing body of the City to perform the clerical
duties necessary to carry out the activities of the Nuisance Abatement Board.
Controlled substance. Includes any substance named or described in Schedules I -V of Fla. Stat.
893.03 as well as any substance sold in lieu of a controlled substance in violation of F.S. Section
817.563 or any imitation controlled substance defined in F.S. Section 817.564.
Opcmlar. Teftaftt, lessee Of pefsOH h~-=Æg eOfitrol or possessioft of the premises.
Public Nuisance. Any place or premises within the City limits of Delray Beach which has been
used Oft more tflan ~ 0 (2) oeeasiofis, within a six moatfl period:
(1) On more than two (2) occasions within a six (6) month period ~s the
site of the unlawful sale, delivery, manufacture or cultivation of any controlled
substance;
(2) On one occasion as the site of the unlawful possession of a controlled
substance, where such possession constitutes a felony and that has been
previously used on more than one occasion as the site of the unlawful sale,
delivery, manufacture or cultivation of any controlled substance;
(3) On more than two (2) occasions with in a six (6) month period, ~s the
site of a violation of F.S. Section 796.07; ef
(4) AH) plaee Of building used l:ry a ) ðt:1tfi Mid street gMtg By a criminal
street gang for the purpose of conducting a pattern of) Otltfl aftd of criminal
street gang activity as defined by F.S.Chaptef Section 874.03: or
(5) On more than two (2) occasions within a six (6) month period as the site
of a violation of F.S. Section 812.019 relating to dealing in stolen property.
Section 2. That Chapter 135, "Abatement of Nuisances", of the Code of Ordinances of the
City of Delray Beach, Florida, Section 135.40, "Conduct of Hearings", be and the same is hereby
amended to read as follows:
2
ORD. NO. 4-05
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Sec. 135.40. CONDUCT OF HEARINGS.
(A) The chairman of the Board may call hearings of the Board. Hearings may
also be called by written notice signed by at least three (3) members of the Board. The
Board, at a hearing, may set a future hearing date. The Board shall attempt to convene no
less frequently than once every month but may meet more or less often as the demand
necessitates. The Board shall adopt rules for the conduct of its hearings. Minutes shall be
kept of all hearings, and all hearings shall be open to the public. The Board shall have the
power to subpoena owners, witnesses, and evidence to hearings. The City shall provide
clerical and administrative personnel as may be reasonably required for the proper
performance of the Board's duties.
(B) The Police Legal Advisor shall present cases before the Board. All parties
shall have an opportunity to present evidence and argument on all issues involved, to
conduct cross-examination, to submit rebuttal evidence, and to be represented by counsel.
When appropriate, the general public may be given an opportunity to present oral or written
communications. The Board may consider any evidence, including evidence of the general
reputation of the place or premises. All testimony shall be under oath and shall be recorded.
Formal rules of evidence shall not apply, but fundamental due process shall be observed and
shall govern the proceedings. Orders of the Board shall be based on competent and
substantial evidence, and any finding that a nuisance exists must be based on a
"preponderance of the evidence" standard.
(C) The concurring votes of at least three (3) Board members is are required in
order to approve any Board order concerning the abatement of a public nuisance except that
the concurring votes of at least four (4) Board members is are required in order to approve
any Board order that involves Board action described in Section 135.40(D)(2) or (3).
(D) After considering all evidence, the Board may declare the place or premises
to be a public nuisance as defined in Section 135.10 and may enter an order as follows:
(1) Immediately prohibiting the maintaining of the nuisance;
(2) Immediately prohibiting the operating or maintaining of the place or
premises including the closure of the place or premises or any part
thereof;
(3) Immediately prohibiting the conduct, operation or maintenance of
any business or activity on the premises which is conducive to such
nuisance; and/or,
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ORD. NO. 4-05
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(4)
Requiring the owner of such place or premises declared to be a
public nuisance to adopt such procedure as may be appropriate under
the circumstances to abate any such nuisance.
All other orders of the Board shall be by motion approved by a majority of those members
present and voting, exeept that at least three (3) members of the Board must be present in
order for the aetioft to be official. at a meeting of which a quorum is present.
(E) An order entered under subsection (D) shall expire after one (1) year, or at
such earlier time as stated in the order. The Board may retain jurisdiction to modify its
orders prior to the expiration of the orders.
(F) The City Police Department shall assist the Board in carrying out any legally
authorized order rendered pursuant to this Chapter.
(G) An order entered under Subsection CD) may be enforced pursuant to the
procedures contained in F.S. Section 120.69. However this subsection does not subject the
City or the Board to any other provision of Chapter 120.
~ .(H)In the event that orders of the Board expire and/or are not complied with, or
are for any reason ineffective, the Board may then bring a complaint under F .S. Section
60.05, seeking it temporary and permanent injunetion injunctive relief against any public
nuisance described in City of Delray Beach Code Section 135.10. An order entered
hereunder may be enforced pursuant to the procedures contained in F.S. Section 120.69.
~ .ro A certified copy of a Nuisance Abatement Board order may be recorded in
the public records of the County and shall constitute notice to any subsequent purchasers,
successors in interest or assigns if the violation concerns real property and the finding
therein shall be binding upon the violator and, if the violation concerns real property, any
subsequent purchasers, successors in interest or assigns. If an order is recorded in the public
records of Palm Beach County pursuant to this subsection and the order is complied with by
the date specified in the order, the Nuisance Abatement Board shall issue an order
acknowledging compliance that shall be recorded in the public records. .1.\ hea-Mg before
the Nwsaflee }..batement Board i3 ftot re~ed to Ï3sl:1e a BOR'rd order admo~leàging
eompMftee.
.ro If the City prevails in prosecuting a case before the Nuisance Abatement
Board, it shall be entitled to recover all costs, including reasonable attorney's fees. incurred
in investigating and prosecuting the case at hearings before the Board or on appeal.
Section 3. That Chapter 135, "Abatement of Nuisances", of the Code of Ordinances of the
City of Delray Beach, Florida, Section 135.70, "Fines for Noncompliance with Orders", be and the
same is hereby amended to read as follows:
4
ORD. NO. 4-05
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Section 135.70 FINES FOR NONCOMPLIANCE WITH ORDERS.
(A) The Nuisance Abatement Board, upon notification by the City that an order
of the Board has not been complied with by the set time or, upon finding that a repeat
~-1olatiofi has been eommitted, of a public nuisance, may order the violator to pay a fine in an
amount specified in this Section for each day the violation continues past the date set by the
Nuisance Abatement Board for compliance or in the case of a repeat violation recurring
public nuisance, for each date a repeat '\-1olation recurring public nuisance continues
beginning with the date the repeat '\i iohltion recurring public nuisance is found to have
occurred by the City. A fine imposed pursuant to this section shall not exceed two hundred
fifty dollars ($250.00) per day for the violation and shall not exceed five hundred dollars
($500.00) per day for a repeat ,,;¡~olatioR recurring public nuisance. The total fines imposed
pursuant to this section shall not exceed {We fifteen thousand dollars ($5,000.00)
(.$15.000.00).
(B) A certified copy of an order imposing a fine may be recorded in the public
records and thereafter shall constitute a lien against the property upon which the violation
exists. A lien arising from a fine imposed pursuant to this Section runs in favor of the City
and the City may execute a satisfaction or release of lien entered pursuant to this Section.
The City shall be entitled to collect all costs incurred~ including reasonable attorney fees, in
the recording of~ ftfltI the filing of a satisfaction of and foreclosure of a valid lien. Upon
petition to the circuit court, such order may be enforced in the same manner as a court
judgment by the sheriffs of this State, including levy against the personal property, but shall
not be deemed to be a court judgment expect for enforcement purposes.
(C) After three (3) months from the filing of any lien which remains unpaid, the
Nuisance Abatement Board may authorize the City Attorney to foreclose upon the lien. No
lien created pursuant to the provisions of this Chapter may be foreclosed on real property
which is a "homestead" under Article X, Section 4 of the State Constitution.
(P) Where the City seeks to bring a Nuisance Abatement Action based on a
stolen property nuisance. against a property owner operating an establishment where
multiple tenants. on one site. conduct their own retail business. the property owner shall not
be subject to a lien against his or her property or the prohibition of operation provision if
the property owner evicts the business declared to be a nuisance within 90 days after
notification by registered mail to the property owner of a second stolen property conviction
of the tenant.
Section 4. That should any section or proVlslon 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.
5
ORD. NO. 4-05
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Section 5. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6.
final reading.
That this ordinance shall become effective upon its passage on second and
\f;Jc PASSED~ ADOPTED in regular session on second and final reading on this the
day of · ~~) ,2005. 8~ l tJ..
R '--
ATIEST:
~~. ~~~)
City Clerk \
First Reading \ \ \ ~ 'ù5
Second Reading ~ \ \~.s
6
ORD. NO. 4-05
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CITY MANAGER ~
TO:
SUBJECT:
AGENDA ITEM # \ C) c...
ORDINANCE NO. 4-05
- REGULAR MEETING FEBRUARY 1.. 2005
DATE:
JANUARY 28, 2005
This Ordinance is before Commission for second reading and public hearing to amend Chapter 135,
"Abatement of Nuisances", Section 135.10, "Deftnitions", to comply with the updated Florida Statute
893.138.
At first reading on January 18,2005, the City Commission passed Ordinance No. 4-05.
Recommend approval of Ordinance No. 4-05 on second and final reading.
S:\City Clerk\agenda memos\Ord. 4-05 Nuisance Abatement.02.01.05
[IT' DF DELIA' BEA[H
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4
cln AnORNEY'S OFFICE
__ POLICE LEGAL ADVISOR
, , III!
300 \V A TLA1\TIC A V£:'\'UE · DELRA Y BEACH, FLORIDA 33444
TELEPHO:'JE '561í2'13-7H23 · FACSIMILE 561/243-7815
1993
POLICE LEGAL ADVISOR
MEMORANDUM
From:
David Harden, City Manager
City Commission
Catherine M. Kozol, Ii /
Police Legal Advisor~
To:
Date:
January 12, 2005
Re:
Amendment to Nuisance Abatement Ordinance
- - - - - - - - - - -- -- - -- - - -- - --- -- - -- --- - -- - ----- --- -- --- ---
Attached please find an original and two copies of the Amendment to the
Nuisance Abatement Ordinance, Chapter 135 for placement on the Agenda.
We are amending the ordinance to comply with updated Florida Statute
893.138. The amended ordinance now will allow the City to declare a property a
public nuisance if the premises have been used on more than two occasions
within a six month time period for dealing in stolen property in addition to drug
related nuisances. The fines imposed will also be increased from $5,000.00 to
$15,000.00 to comply with Florida Statute 893.138.
Further, we are clarifying the definition of a controlled substance to comply
with the Florida Statutes and deleting the term operator to avoid confusion and to
comply with Florida Statute 893.138.
If you have any questions, please do not hesitate to call me.
Ath/encs.
cc with Encs.
Chevelle Nubin, City Clerk
Susan Ruby, City Attorney
\~ß
ORDINANCE NO. 4-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 135,
"ABATEMENT OF NUISANCES", SECTION 135.10,
"DEFINITIONS", CLARIFYING CERTAIN DEFINITIONS SO
AS TO CONFORM TO F.S. 893.138; AMENDING SECTION
135.40 "CONDUCT OF HEARINGS", CLARIFYING HOW
HEARINGS ARE CONDUCTED; AMENDING SECTION
135.70 "FINES FOR NONCOMPLIANCE WITH ORDERS",
PROVIDING FOR THE TOTAL FINES IMPOSED PURSUANT
TO THE AUTHORITY OF THIS ORDINANCE TO BE
INCREASED TO $15,000.00 TO COINCIDE WITH F.S. 893.198;
TO PROVIDE FOR THE REASONABLE PAYMENT OF
ATTORNEY'S FEES TO THE CITY AND ENACTING A
SECTION CONCERNING AN ACTION AGAINST A
PROPERTY OWNER WITH MULTIPLE TENANTS;
PROVIDING A SAVINGS CLAUSE, A REPEALER CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS, the State of Florida enacted Section 893.138, Fla. Stat. to allow a
local government to establish a nuisance abatement Board to address the issues of prostitution,
the sale of controlled substances on property, dealing in stolen property and criminal street gang
activity within the local government's jurisdiction; and
WHEREAS, the Delray Beach City Commission recognizes the significant efforts
of the citizens of Delray Beach and the Delray Beach Police Department in working together to
control prostitution; the sale of controlled substances, dealing in stolen property and criminal
street gang activity; and
WHEREAS, the City of Delray Beach City Commission finds that in order to
further protect its citizens' health, safety and welfare, the Nuisance Abatement Board must be
empowered with the full range of authority granted to it under Section 893.138, Fla. Stat..
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH AS FOLLOWS:
Section 1. That Chapter 135, "Abatement of Nuisances", of the Code of Ordinances of
the City of Delray Beach, Florida, Section 135.10, "Definitions", be and the same is hereby
amended to read as follows:
1
ORD. NO. 4-05
Section 135.10. DEFINITIONS
For the purpose of this Article, the following definitions shall apply unless the context
clearly indicates or requires a different meaning:
Board. The Nuisance Abatement Board of the City of Delray Beach.
Clerk. The person appointed by the local governing body of the City to perform the
clerical duties necessary to carry out the activities of the Nuisance Abatement Board.
Controlled substance. Includes any substance named or described in Schedules I-V of
Fla. Stat. 893.03 as well as any substance sold in lieu of a controlled substance in violation of
F.S. Section 817.563 or any imitation controlled substance defined in F.S. Section 817.564.
Opcr-ater. Tenant, lessee or person ha'"1Ïng control or possession of the premises.
Public Nuisance. Any place or premises within the City limits of Delray Beach which
has been used on more than t"IO (2) oeeasions, vlithin a six month period:
(1) On more than two (2) occasions within a six (6) month period Aªs the
site of the unlawful sale, delivery, manufacture or cultivation of any
controlled substance;
(2) On one occasion as the site of the unlawful possession of a controlled
substance, where such possession constitutes a felony and that has been
previously used on more than one occasion as the site of the unlawful sale,
delivery, manufacture or cultivation of any controlled substance;
(3) On more than two (2) occasions with in a six (6) month period, Aªs
the site of a violation ofF.S. Section 796.07; ef
(4) .Any place or bailding ased by a youth aBd street gang Bv a criminal
street gang for the purpose of conducting a pattern of youth aBd of criminal
street gang activity as defined by F.S.Chapter Section 874.03: or
(5) On more than two (2) occasions within a six (6) month period as the
site of a violation ofF.S. Section 812.019 relating to dealing in stolen
property.
2
ORD. NO. 4-05
Section 2. That Chapter 135, "Abatement of Nuisances", of the Code of Ordinances of
the City of Delray Beach, Florida, Section 135.40, "Conduct of Hearings", be and the same is
hereby amended to read as follows:
Sec. 135.40. CONDUCT OF HEARINGS.
(A) The chairman of the Board may call hearings of the Board. Hearings may
also be called by written notice signed by at least three (3) members of the Board. The
Board, at a hearing, may set a future hearing date. The Board shall attempt to convene no
less frequently than once every month but may meet more or less often as the demand
necessitates. The Board shall adopt rules for the conduct of its hearings. Minutes shall
be kept of all hearings, and all hearings shall be open to the public. The Board shall have
the power to subpoena owners, witnesses, and evidence to hearings. The City shall
provide clerical and administrative personnel as may be reasonably required for the
proper performance of the Board's duties.
(B) The Police Legal Advisor shall present cases before the Board. All parties
shall have an opportunity to present evidence and argument on all issues involved, to
conduct cross-examination, to submit rebuttal evidence, and to be represented by counsel.
When appropriate, the general public may be given an opportunity to present oral or
written communications. The Board may consider any evidence, including evidence of
the general reputation of the place or premises. All testimony shall be under oath and
shall be recorded. Formal rules of evidence shall not apply, but fundamental due process
shall be observed and shall govern the proceedings. Orders of the Board shall be based
on competent and substantial evidence, and any finding that a nuisance exists must be
based on a "preponderance of the evidence" standard.
(C) The concurring votes of at least three (3) Board members is are required in
order to approve any Board order concerning the abatement of a public nuisance except
that the concurring votes of at least four (4) Board members is are required in order to
approve any Board order that involves Board action described in Section 135.40(D)(2) or
(3).
(D) After considering all evidence, the Board may declare the place or
premises to be a public nuisance as defined in Section 135.10 and may enter an order as
follows:
(1) Immediately prohibiting the maintaining of the nuisance;
3
ORD. NO. 4-05
(2) Immediately prohibiting the operating or maintaining of the place
or premises including the closure of the place or premises or any
part thereof;
(3) Immediately prohibiting the conduct, operation or maintenance of
any business or activity on the premises which is conducive to such
nuisance; and/or,
(4) Requiring the owner of such place or premises declared to be a
public nuisance to adopt such procedure as may be appropriate
under the circumstances to abate any such nuisance.
All other orders of the Board shall be by motion approved by a majority of those
members present and voting, except that at least three (3) members of the Board ffi\:lst be
present in order for the action to be official. at a meeting of which a quorum is present.
(E) An order entered under subsection (D) shall expire after one (1) year, or at
such earlier time as stated in the order. The Board may retain jurisdiction to modify its
orders prior to the expiration of the orders.
(F) The City Police Department shall assist the Board in carrying out any
legally authorized order rendered pursuant to this Chapter.
CG) An order entered under Subsection CD) may be enforced pursuant to the
procedures contained in F.S. Section 120.69. However this subsection does not subiect
the City or the Board to any other provision of Chapter 120.
~ an In the event that orders of the Board expire and/or are not complied
with, or are for any reason ineffective, the Board may then bring a complaint under F.S.
Section 60.05, seeking a temporary and pennanent injunction iniunctive relief against any
public nuisance described in City of Delray Beach Code Section 135.10. An order
entered hereunder may be enforced pursuant to the procedures contained in F.S. Section
120.69.
~ ill A certified copy of a Nuisance Abatement Board order may be recorded
in the public records of the County and shall constitute notice to any subsequent
purchasers, successors in interest or assigns if the violation concerns real property and the
finding therein shall be binding upon the violator and, if the violation concerns real
property, any subsequent purchasers, successors in interest or assigns. If an order is
recorded in the public records of Palm Beach County pursuant to this subsection and the
4
ORD. NO. 4-05
order is complied with by the date specified in the order, the Nuisance Abatement Board
shall issue an order acknowledging compliance that shall be recorded in the public
records. /'l hearing bef-ore the Þluisance .I.^..batement Board is not required to issae a Board
order ackno".vledging eORlf)liance.
ill If the City prevails in prosecuting a case before the Nuisance Abatement
Board, it shall be entitled to recover all costs, including reasonable attorney's fees.
incurred in investigating and prosecuting the case at hearings before the Board or on
appeal.
Section 3. That Chapter 135, "Abatement of Nuisances", of the Code of Ordinances of
the City of Delray Beach, Florida, Section 135.70, "Fines for Noncompliance with Orders", be
and the same is hereby amended to read as follows:
Section 135.70 FINES FOR NONCOMPLIANCE WITH ORDERS.
(A) The Nuisance Abatement Board, upon notification by the City that an
order of the Board has not been complied with by the set time or, upon finding that--a
repeat ,,¡iolation has been committed, of a public nuisance, may order the violator to pay a
fine in an amount specified in this Section for each day the violation continues past the
date set by the Nuisance Abatement Board for compliance or in the case of a ~
"¡¡olation recurring public nuisance, for each date a repeat violation recurring public
nuisance continues beginning with the date the repeat violation recurring public nuisance
is found to have occurred by the City. A fine imposed pursuant to this section shall not
exceed two hundred fifty dollars ($250.00) per day for the violation and shall not exceed
five hundred dollars ($500.00) per day for a repeat "liolation recurring public nuisance.
The total fines imposed pursuant to this section shall not exceed fi.¥e fifteen thousand
dollars ($5,000.00) ($15.000.00).
(B) A certified copy of an order imposing a fine may be recorded in the public
records and thereafter shall constitute a lien against the property upon which the violation
exists. A lien arising from a fine imposed pursuant to this Section runs in favor of the
City and the City may execute a satisfaction or release of lien entered pursuant to this
Section. The City shall be entitled to collect all costs incurred~ including reasonable
attorney fees, in the recording of~ and the filing of a satisfaction of and foreclosure of a
valid lien. Upon petition to the circuit court, such order may be enforced in the same
manner as a court judgment by the sheriffs of this State, including levy against the
personal property, but shall not be deemed to be a court judgment expect for enforcement
purposes.
5
ORD. NO. 4-05
(C) After three (3) months from the filing of any lien which remains unpaid,
the Nuisance Abatement Board may authorize the City Attorney to foreclose upon the
lien. No lien created pursuant to the provisions of this Chapter may be foreclosed on real
property which is a "homestead" under Article X, Section 4 of the State Constitution.
(D) Where the City seeks to bring a Nuisance Abatement Action based on a
stolen property nuisance. against a property owner operating an establishment where
multiple tenants. on one site. conduct their own retail business. the property owner shall
not be subiect to a lien against his or her property or the prohibition of operation
provision if the property owner evicts the business declared to be a nuisance within 90
days after notification by registered mail to the property owner of a second stolen
property conviction of the tenant.
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 all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of , 2005.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
6
ORD. NO. 4-05
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6t:
26 ~y, Jantøy 22, 2005 - Boca RatonIDelray ~ News · www.bocanews.com
100
ANNOUNCEMENTS
---{}!!J-
LEGAÌ.. NOncES
Q1T Uf IllUlAT RM:II, fLUIœA
IIOTICE OF ~ HEAIIIIG
A PU8lIC HEARING will be held on !he
following proposed on:finances at 7:00
. p.m, on TUESDAY, FEBRUARY 1,
2005- or at IIFf conIinuaIJon c such
=:~is~~~
tee 1ocaIed~101 NW,2nd SIr8et
Dekay Beach. Aoßja, at whicfI time !he
City Commission will consider !heir
adoption. The proposed ordinances
may be inspected at !he Office c !he
City CIeIk at City Hall. 100 N.W. 1st
Avenue. DeIrav Beach. fIorida, between
!he hour.¡ of 6:00 a.m. and 5:00 p.m.,
~~~~~
:.e ~ ~cä~.......~ /espect to
ORDIWIΠ110. 77_
JW ORDINANCE Of Tt£ art C0M-
MISSION Of Tt£ art OF DElAAY
BEACH, R..ORIDA. AMEM)1tG 'ÐIE
lAM) DEVELOPMENT REGUlATioNs
OF THE coœ OF ORDINANCES, BY
~e:F~'A~
ARTS PROGMM; BYESTMUSHING
~~...:::A
FOR ITS ORGNtZATION NID 0PER-
ATION; BY AMBÐHG Af'ÆM) )(
~A", "OEfINfTIONS", PRO\IIOING FOA
CERTAIN 'ŒRMS REGMOIf«'i THIS
ORIMNI:E; PROVIDING AGENERAL
REÆALfR ClAUSE. A SAVING
---{}!!J-
LEGAL NOTICES
Cl.AU5t: AND AN t:ttttillvt VAIl:.
0RIJItWfCE NO. ~
AN OROINAÑcE OF THE CfTY COM-
MISSION OF THE CfTY OF OElRAY
BEACH, RORIOA, AMENDING CHAP-
TER 135, "ABATEMENT Of NUI-
SANCES", SECTION 135.10, "DEFINI-
TIONS", ClARIFYING CERTAIN 0EfI·
NmONS SO AS TO CONFORM TO f.S
893.138; AMENDING SECTION 135.40
, "C()NDUCT OF HEARINGS", ClARIFY-
ING HOW HEARINGS ARE CONDUCT-
EO; AMENDING SECTION 135-70
"ANES rœ NONCOMPlIANCE Wl1M
ORDERS", PROVIDING FOR THE
TOTAl ANES IMPOSED PURSUANT
TO THE AIIrnORITY OF 1MIS OROI-
NANCE TO BE INCREASED TO
$15,000.00 TO COINCIDE WITH F.5,
893.198; TO PROVIDE FOR THE REA-
SONABlE PAYMENT OF ATTORNEY'S
fEES TO THE CI1Y AND ENACTING A
SECTION CûNCERNlNG JW ACTION
AGAINST A PROPERTY OWNER WITH
MUll1PlE TENANTS; PROVIDING A
SAVINGS ClAUSE, A REPEAlER
ClAUSE AND AN EFfECTIVE DATE
Please be advised !hat If a person
::sc:~::oo~
any maItIIr 00IISidemI at 1hese hear-
ings, such peISOII may need to ensure
that a veIbaIim reoon1lnc1udes !he tes-
timony and evidence UIJOfI whicfI the
appeal is to be baseIi The Qly does
~:'!=r record.
CfTY OF OElRAY BEACH
CheYeIIe D. NœIn
City CIeIk
~ Salurday,~ 2005
AdI1~ .
Cá1/J1 t"ùLi/J 0
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