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10-86 ORDINANCE NO. 10-86 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13, 'HEALTH AND SANITATION', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "NUISANCES ON PROPERTY", BY REPEALING SECTION 13-20, 'NUISANCE ABATEMENT BID PROCEDURE"; BY REPEALING SECTION 13-21, "BID SPECIFICATIONS'; BY REPEALING SECTION 13-22, 'AWARD OF CONTRACT'; BY REPEALING SECTION 13-23, "ADVERTISING FOR BIDS'; AND BY ENACTING A NEW SECTION 13-20, 'NUISANCE ABATEMENT BID PROCEDURE'; PROVIDING THAT THE CITY SHALL OBTAIN SEALED COMPETITIVE BIDS AT INTERVALS OF NO LESS THAN YEARLY FOR AN HOURLY RATE FOR THE SERVICES ENTAILED IN CARRYING OUT THE ABATEMENT OF NUISANCES; PROVIDING PROCEDURES FOR RESOLVING BILLING DISPUTES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~SJ~lk_~. That Section 13-20, ~Nuisance abatement bid procedure", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed. ~. That Section 13-21, "Bid specifications", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed. ~. That Section 13-22, "Award of contract', of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed. ~. That Section 13-23, 'Advertising for bids", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed. ~. That a new Section 13-20, "Nuisance abatement bid procedure", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: Sec. 13-20. Nuisance abatement bid procedure. The City shall obtain competitive bids at intervals no less than yearly for an hourly rate for services entailed in carrying out the abatement of nuisances under this Article. The successful bidders shall be required to provide such insurance and bonding as the City deems advisable. The Code Enforcement Division shall notify all bidders of the price of the lowest bid and those bidders who agree to perform services at the low bid price shall be placed on a list for use in nuisance abatement. The Code Enforcement Division shall prepare an estimate of the number of hours needed to abate each nuisance. If the person or company abating the nuisance exceeds the estimate by more than 15%, the Code Enforcement Officer shall investigate to determine if the additional hours are justified, and shall make a report of his/her findings to the Building Official. The Building Official shall negotiate any dis- crepancies in billing with the contractor. If the matter cannot be resolved, it shall be referred to the City Manager or to the Assistant City Manager who shall be the final arbiter of the billing dispute. A copy of this section of the ordinance shall be attached to the bid documents so that all bidders are advised that billing disputes will be resolved in this manner. ~.9~. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. ~.~_~. 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. ~.~. 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 llth day of ~eDruary . , 1986. ATTEST: C-it~/Clerk " First Reading. January 28, 1986 Second Reading February 11, 1986 2 ORD. NO. 10-86