04-87 ORDINANCE NO. 4-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINI-
STRATION" OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE VI,
"CODES ENFORCEMENT", BY AMENDING SECTION 2-119
"DURATION OF LIEN", PROVIDING THAT NO LIEN SHALL
CONTINUE FOR A PERIOD LONGER THAN FIVE (5) YEARS.
PROVIDING A SAVING CLAUSE, PROVIDING A GENERAL
REPEALER CLAUSE, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 162.10 of the Florida Statutes "Duration of
lien" has been amended to provide that no liens provided under the Local
Government Code Enforcement Board Act shall continue for a period longer
than five (5) years and;
WHEREAS, the effective date of the amendment to Florida
Statute 162.10 was July 1, 1986, and,
WHEREAS, the City of Delray Beach wishes to conform to the
Local Government Code Enforcement Board Act.
NOW THEREFORE, be it ordained by the City Council of the City
of Delray Beach, Florida as follows:
~_~. That Section 2-119, "Duration of Lien" of Article
VI Codes Enforcement, of Chapter 2 "Administration" of the Code of
Ordinances of the City of Delray Beach, Florida, be in the same is
hereby amended to read as follows:
No lien provided by this Article or under the authority of the
Local Government Code Enforcement Boards Act shall continue for a longer
period than ~ %w~-~+ years after the certified copy of an order
imposing a fine has been recorded, unless within that time an action to
foreclose on the lien is commenced in a court of competent jurisdiction.
The continuation of the lien effected by the commencement of the action
shall not be good against creditors or subsequent purchasers for valu-
able consideration without notice, unless a notice of lis pendens is
recorded.
~. 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 or a whole or part thereof
other than the part to be declared invalid.
~_~. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
~. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 10th day of Pebruar_y_ ...... , 1987.
MAYOR
ATTEST:
First Reading Janua~3~_2!~_1987
Second Reading Februa_r~f__l_0j 1987