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55-81 MOTION WITHDRAWN - NOT PASSED ORDINANCE NO. 55=81 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16 "OFFENSES-MISCELLANEOUS", .ARTICLE I "IN GENERAL", SECTION 16-3 "ASSEMBLIES IN TENTS, TEMPORARY STRUC- TURES'' OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION (B)"PERMIT ISSUANCE, DURATION" TO PROVIDE THAT UPON THE SUBMISSION OF AN APPLICATION TO ERECT A TENT OR OTHER TEMPORARY STRUCTURE, NOTICE SHALL BE GIVEN TO THE OWNERS OF PROPERTIES WITHIN FIVE HUNDRED (500) FEET OF THE PRO- POSED LOCATION OF THE TENT OF THE DATE OF THE PUBLIC HEARING AT WHICH THE CITY COUNCIL SHALL CONSIDER THE APPLICATION; BY AMEND- ING SUBSECTION (C) "PREREQUISITES TO APPROVAL", PARAGRAPH (3) TO INCREASE THE PERMIT FEE TO ERECT AND DISMANTLE THE STRUCTURE FROM THREE DOLLARS ($3.00) TO FIFTEEN DOLLARS ($15.00) AND TO INCREASE THE FEE TO CONNECT ELECTRICITY FROM ONE DOLLAR (51.00) TO TEN DOLLARS ($10.00); 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 16 "Offenses-Miscellaneous", Article I "In General", Section 16-3 "Assemblies in tents, temporary structures" subsection (B) "Permit issuance, duration" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (B) Permit issuance, duration. (1) An application to erect a tent or other temporary structure shall be submitted to the buildinl~ department. The owners of all the properties located within five hundred (500) feet of the proposed location of the tent or other temporary. structure shall be notified. The ownership of all such surrounding properties~ as submitted by the applicant~ shall be reviewed by the city cler.k who shall notify the owners by regular mail of the date of the public hearins at which the City council shall consider the application. Mailing shall be at least ten (10) days in advance of the public hearinl~ so that owners 'may be rep- resented in person~ or by proxy. For notification purposes~ ,the owners of the property shall be those recorded on the latest official county tax rolls. Notice of the public hearinl~ shall also be advertised in a newspaper published in this city at least ten (10) days in advance of the hearing. In accordance with Section 1-8 "Deposit required for applications requiring public notice" of this Code~ the person making application shall deposit with the city the estimated cost and expense to the city of giving notice by mail and newspaper advertisement. (2) The city council shall, upon consideration of said application, in its sound and sole judgment, either grant or deny the issuance of said permit, which shall be effective only so long as the period set forth therein, or, if no limit is affixed, said permit shall expire in two (2) weeks. :rg~--eet~,eil---sha~l- 6t~(~i4k-mll-y-m~l~OW As part of its approval~ the council shall specify the location and purpose of assembly. Section 2. That Chapter 16 "Offenses - Miscellaneous", Article I "In General", Section 16-3 "Assemblies in tents, temporary structures" subsection (C) "Prerequisites to approval", paragraph (3) of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (3) Building department. (a) Permit to erect and dismantle structure. (i) Permit fee of ~~la~s-~,~0) fifteen dollars ($15.00). (ii) Deposit of fifty dollars ($50.00) returnable upon the recom- mendation of the city manager and subject to removal of all debris resulting from use of the land. (b) Permit to connect temporary electric service on the premises. (Fee -- ~e $10.00). 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 days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,1981. MAYOR ATTEST: City Clerk First Reading. Second Reading MOTION WITHDRAWN - NOT PASSED July 14, 1981 2 ORD. NO. 55-81