15-86 ORDINANCE NO. 15-86
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 XIII,
"ELIMINATION OR REPAIR OF UNSAFE BUILDINGS", SECTION
9-468, "PROCEDURES IN DECLARATION OF UNSAFE BUILDING;
NOTICE REQUIRED; CONTENTS; SERVICE", SUBSECTION (A), TO
CORRECT A MISPLACEMENT OF A PHRASE; AND SECTION 9-480,
"STAYING OF NOTICE UNDER APPEAL", TO CORRECT AN
IMPROPER CITATION AND TO CHANGE "VACATION ORDER" TO
"ORDER TO VACATE"; 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:
Section 1. That Chapter 9, "Buildings and Construction", Article XIII,
"Elimination or repair of unsafe buildings", Section 9-468, "Procedures in declaration of
unsafe building; notice required; contents; service", of the Code of Ordinances of the
City of Delray Beach, Florida, shall be and the same is hereby amended by amending
subsection (A) to read as follows:
(A) The building official in conjunction with the city attorney shall cause a
title search to be made of the affected property to determine the names
of all persons having an interest in the property. The building official
shall then prepare and issue a notice of unsafe building directed to the
owner of record and all persons having a legally cognizable interest in
the building or structure and all know,Tn tenants. The notice shall
contain, but not be limited to, the following information as shown by a
title search a~.~l-~t~-~now~r-term~ts:
Section 2. That Chapter 9, "Buildings and Construction", Article XIII,
"Elimination or repair of unsafe buildings", Section 9-480, "Staying of notice under
appeal", of the Code of Ordinances of the City of Delra-: Beach, Florida, shall be and
the same is hereby amended to read as follows:
Except for a--vsea%io~--c~er an order to vacate issued in accordance with
section 9-4~ 9-471(2), enforcement of any notice issued by the building official
under the provisions of this article shall be held in abeyance during the appeal period
as well as the course of an appeal. In the event that v~i~-wes-vrr~r-ed an order to
vacate was issued pursuant to section 9-4~ 9-471(2), the building official shall
certify in writing as soon as practicable after notice of appeal has been filed that, in
his opinion, a stay of enforcement of an order to vacate issued pursuant to section
9-471(2), would cause imminent peril to the life or safety of natural persons, or the
property of persons other than the appellant. The certification shall set forth in detail
those conditions causing such peril. An appellant desiring to challenge the v~ien
er~lei, e(l order to vacate may request an emergency hearing. Said hearing shall be held
within seventy-two (72) hours of the appellant's request.
Section 3. 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 4. 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 25th day of March , 198 ~ .
ATTEST: , '~"
First Reading March 11, 1986
Second Reading March 25, 1986
ORD. NO. 15-86
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