Res 87-05
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RESOLUTION NO. 87-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, RELATING TO EMERGENCY MANAGEMENT;
CONFIRMING A DECLARATION OF A STATE OF EMERGENCY;
AUTHORIZING THE SUSPENSION OF CERTAIN CITY CODES, RULES
AND REGULATIONS RELATING TO TEMPORARY HOUSING; THIS
RESOLUTION SHALL BE VALID UNTIL DECEMBER 14, 2005, UNLESS
EXTENDED BY THE CITY COMMISSION.
WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by David
Harden, City Manager on s....~_, October Z3 2005 due to Hurricane Wilma; and
WHEREAS, Hurricane Wilma caused extensive damage to public and private property
within the City of Delray Beach; and
WHEREAS, adherence to certain local ordinances, rules and regulations regarding
temporary housing and local building regulations may impact the public health, safety and welfare;
and
WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the
suspension of local building regulations during a State of Emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. The recitals and findings contained in the preamble to this resolution are hereby
adopted by reference thereto and incorporated herein, as if fully set forth in this section.
Section 2. A declaration of a State of Emergency proclaimed on 'S~ ,October ~,
2005 is hereby confirmed.
Section 3. Hurricane Wilma caused damage to numerous properties, rendering them
unsafe or marginally habitable.
Section 5. It is necessary to eliminate immediate threats to the life, health and safety of
residents and employees, and eliminate immediate threats to undamaged property, as well as ensure
economic recovery to the City and the community.
Section 6. A valid public emergency exists justifying the suspension of local building
regulations as it relates to temporary housing.
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Section 7. The emergency renders it necessary to suspend local ordinances, rules and
regulations dealing with temporary housing as it pertains to properties that have sustained major
damage that have rendered the structure uninhabitable and in which the property owner or tenant
wishes to live on the property but in temporary housing until the main structure has been repaired.
However, this temporary situation shall be on a case by case basis and only for a reasonable period
of time and only in a temporary housing structure or vehicle approved by the City.
Section 8. This resolution shall be valid until December 14,2005, unless extended by the
City Commission.
Section 9. That this resolution shall become effective upon approval by the City
Commission of the City of Delray Beach. ~
" ,_ PASSED and ADOPTED in regular session on this the ~ day of
\~~ ,2005.
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ATTEST:
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City Clerk
2
RES. NO. 87-05
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE
!OO NW ht AVENI'E' DELRAY BEACH. FLORIDA 33444
TFLEPIIOI'E: 5t, 1/241-7001l' h\CSIMILE 561/278-4755
DELIlAY BEACH
, l U . , 0 ^
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AII.America City
Write(s Direct Line: 561/243-7091
" III! DATE:
MEMORANDUM
November 1, 2005
1993
2001
TO:
FROM:
City Commission
DavtH~~~n, ~ity Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Temoorary Housina Resolution
The attached resolution provides for the waiver of the City's building regulations as
it relates to temporary housing. This resolution would allow the suspension of
certain building regulations to allow temporary housing to be placed on property
when the main structure has sustained damage where it is uninhabitable. This
resolution shall be effective until December 14, 2005. During the period of time
between the adoption of this Resolution and December 14, 2005 City staff will
assess the requests for temporary housing and then determine if a general waiver
of the City's building and land use (setbacks) regulations should be brought before
the Commission at its December 13, 2005 meeting.
Attachment
cc: Chevelle Nubin, City Clerk
Lula Butler, Community Improvement Director
Paul Dorling, P&Z Director
:
RESOLUTION NO. 87-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, RELATING TO EMERGENCY MANAGEMENT; CONFIRMING A
DECLARATION OF A STATE OF EMERGENCY; AUTHORIZING THE SUSPENSION
OF CERTAIN CITY CODES, RULES AND REGULATIONS RELATING TO
TEMPORARY HOUSING; THIS RESOLUTION SHALL BE VALID UNTIL DECEMBER
14,2005, UNLESS EXTENDED BY THE CITY COMMISSION.
WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by David
Harden, City Manager on Sundav, October 23..2005 due to Hurricane Wilma; and
WHEREAS, Hurricane Wilma caused extensive damage to public and private property within
the City of Delray Beach; and
WHEREAS, adherence to certain local ordinances, rules and regulations regarding temporary
housing and local building regulations may impact the public health, safety and welfare; and
WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the
suspension of local building regulations during a State of Emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The recitals and findings contained in the preamble to this resolution are hereby
adopted by reference thereto and incorporated herein, as if fully set forth in this section.
Section 2. A declaration of a State of Emergency proclaimed on Sundav
2005 is hereby confirmed.
, October 2.1.,
Section 3. Hurricane Wilma caused damage to numerous properties, rendering them unsafe
or marginally habitable.
Section 5. It is necessary to eliminate immediate threats to the life, health and safety of
residents and employees, and eliminate immediate threats to undamaged property, as well as ensure
economic recovery to the City and the community.
Section 6. A valid public emergency exists justifying the suspension of local building
regulations as it relates to temporary housing.
Section 7. The emergency renders it necessary to suspend local ordinances, rules and
regulations dealing with temporary housing as it pertains to properties that have sustained major
damage that have rendered the structure uninhabitable and in which the property owner or tenant
wishes to live on the property but in temporary housing until the main structure has been repaired.
:
However, this temporary situation shall be on a case by case basis and only for a reasonable period
of time and only in a temporary housing structure or vehicle approved by the City.
Section 8. This resolution shall be valid until December 14, 2005, unless extended by the City
Commission.
Section 9. That this resolution shall become effective upon approval by the City Commission
of the City of Delray Beach.
PASSED and ADOPTED in regular session on this the
day of
2005.
MAYOR
ATTEST:
City Clerk
2
RES. NO. H