47-86 ORDINANCE NO. 47-86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINIS-
TRATION", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA TO ADD A NEW SECTION 2-9,
"WAIVERS OF CITY ORDINANCES", TO PROVIDE FOR NOTICE
TO THE PUBLIC IN CERTAIN INSTANCES WHEREIN THE CITY
COUNCIL HAS BEFORE THEM FOR CONSIDERATION A PROPOSAL
TO WAIVE T~{E REQUIREMENTS OF ANY CITY ORDINANCE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council the City of Delray Beach, Florida
deems it to be in the best interest of the citizens and residents of the
City of Delray Beach, Florida to add a provision in the City's Code of
Ordinances which makes provision for requirements for notification to
the public of any proposed modification or waiver of City Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That Chapter 2, "Administration", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby, amended by adding a new Section 2-9, "Waivers of city
ordinances", to read as follows:
Sec. 2-9. Waivers of city ordinances.
Unless a specific waiver or modification provision is provided for
elsewhere in this Code of Ordinances, in all instances wherein the City
Council of the City of Delray Beach, Florida is requested to waive or
otherwise modify the written provisions of its Code of Ordinances, the
City of Delray Beach shall provide, by publication in a newspaper of
general circulation in the City of Delray Beach, a notice (on a form to
be provided by the City) of such proposal on request for the waiver or
modification setting forth the City's ordinance requirements and the
proposed waiver or modification. This notification shall be published
not less than ten (10) calendar days in advance of the City Council's
consideration of this waiver or modification. Nothing in this ordinance
shall preclude the City Manager from making such individual
notifications as he deems appropriate. At the time of City Council's
consideration of same, the City Council shall conduct a public hearing
on said request. Notwithstanding these requirements, in the instances
wherein an applicant for such a waiver or modification demonstrates to
the satisfaction of the City Council that same is an emergency not due
to the fault or circumstances within the control of the applicant, then
the City Council may deem it to be such an emergency and need not abide
by the requirements of the notification in advance or the public hearing
requirements set forth herein.
~ 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 this, the 22nd day
of July , 198 6 .
MAYOR
ATTEST:
Ci~Clerk
First Reading July 8~ 1986
Second Reading July 22, 1986
2 ORD. NO. 47 -86