86-81 ORDINANCE NO. 86-81
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDINGS AND CON-
STRUCTION'', OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE VII "HOUSING",
SECTION 9-183 "CODE ADOPTED" TO PROVIDE FOR THE ADOPTION
OF THE 1979 EDITION OF THE STANDARD HOUSING CODE AND OF
THE 1980 AMENDMENTS THERETO EXCEPTING SECTIONS 106 AND
107; AMENDING ARTICLE XIII "ELIMINATION OR REPAIR OF
UNSAFE BUILDINGS", SECTION 9-463 "APPLICATION OF ARTICLE"
TO DELETE THE REFERENCE TO THE 1973 EDITION OF THE STAND-
ARD HOUSING CODE; AMENDING ARTICLE XVII "BOARD OF CON-
STRUCTION APPEALS", SECTION 9-568 "RIGHTS, POWERS, PRIVI-
LEGES AND DUTIES", PARAGRAPH (a) "APPEALS" TO INCLUDE THE
PROVISIONS OF ARTICLE VII "HOUSING" AMONG THOSE TO BE
INTERPRETED BY THE BOAP~ OF CONSTRUCTION APPEALS; PROVID-
ING 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
VII, "Housing", Section 9-183 "Code adopted" of the Code of Ordinances of
the City of Delray Beach, Florida, is hereby amended to read as follows:
Sec. 9-183. Code adopted.
(a) ~e ~e~he~ ~&~ ~~ ~e~er ~e~ ~e~-
With the exception of those sections repealed in
subsection (b) of this section, the 1979 edition of
the Standard Housing Code, together with the 1980
revisions thereto, as compiled by Southern Building
Code Congress International, Inc., of which not less
than (3) copies have been and are now filed in the
office of the city clerk, is hereby adopted and in-
corporated as fully as if set forth at length here-
in, and the provisions therein shall be controlling
in the use, maintenance and occupancy of all dwell-
ings, dwelling units and/or structures within the
area of jurisdiction of the city.
(b) Sections 106 and 107 of the above referred to Stand-
ard Housing Code, pert~%ning to the Housing Board of
~djustments and Appeals, are hereby, repealed.
(c) Appeals concerning interpretation or administration
of the provisions of the Standard Housing Code as
adgpted herein, shall be heard by the Board of Con-
struction Appeals established in Article XVII of
this chapter.
Section 2. That Chapter 9 "Buildings and Contruction", Article
XIII "Elimination or Repair of Unsafe Buildings", Section 9-463 "Appli-
cation of article" of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
Sec. 9-463. Application of article
This article shall apply to all unsafe buildings or
structures, as herein defined and shall apply equally to
new and existing conditions and shall supersede the pro-
visions of all ordinances pertaining to the elimination
or repair of unsafe buildings, including those ordinances
incorporating by reference the ~9$6 e~e~ e~ the Stand-
ard Building Code and the A~ e~e~em e~ eke Se~ehe~a
Standard Housing Code.
Section 3. That Chapter 9 "Buildings and Construction", Article
XVII "Board of Construction Appeals", Section 9-568 "Rights, powers, priv-
ileges and duties", paragraph (a) "Appeals" of the Code of Ordinances of
the City of Delray Beach, Florida, is hereby amended to read as follow:
Sec. 9-568. Rights, powers, privileges and duties.
(a) Appeals. Appeals to the board of construction
appeals may be taken by any person aggrieved or by any
officer or bureau of the governing body of the city
affected by any decision of the chief building official
concerning interpretation, administration, or enforcement
of the provisions of the following provisions of this
chapter:
Article I, In General;
Article II, Building Code;
Article III, Gas Code;
Article IV, Mechanical Code;
Article V, Plumbing, Division 1, Generally;
Article VI, Electricity;
Article VII, Housing; and
Article XIV, Moving Buildings;
It is the intent of this article that all questions
of interpretation, administration and enforcement shall
first be presented to the chief building official, and
that said questions shall be presented to the board of
construction appeals only on appeal from the chief build-
ing official. Said appeals shall be taken within a
reasonable period of time, not to exceed thirty (30) days
by filing with the chief building official and with the
city clerk a notice of appeal specifying the grounds
therefor. The chief building official shall forthwith
transmit to the board all papers constituting the record
on which the action appealed from was taken.
Section 4. That should any section or provision of this ordi-
nance 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 5. 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 12th day of January , 1982.
/ V I C E M A~Y O/R
ATTEST:
First Reading December 8, 1981
Second Reading January 12, 1982
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