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63-80 ORDINANCE NO. 63-80 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION" , ARTICLE VI, "CODES ENFOKCEMENT", BY AMENDING SAID CHAPTER AND ARTICLE TO COMPLY WITH THE "MUNICIPAL CODE ENFORCE- ~ENT BOARD ACT" OF 1980, CHAPTER 80-300 LAWS OF FLORIDA, BY PROVIDING FOR THE BOARD TO BE COMPOSED OF SIX (6) REGULAR MEMBERS; BY PROVIDING FOR FOUR (4) MEMBERS TO CONSTITUTE A QUORUM; BY PROVIDING FOR THE TEP~ OF MEMBERS AND BY PROVIDING FOR THE READOPTION OF THE DELRAY BEACH CODE ENFORCE~.~NT BOAPD ORDINANCE, AS CODIFIED, PURSUANT TO THE 1980 LEGISLATIVE ACT; AI~D BY A~ENDING SAID CHAPTER 2, ARTICLE VI, TO PROVIDE FOR SIX (6) ALTERNATE MEMBERS TO THE BOARD AND THE CLASSIFICATION AND POWERS OF SAID ALTERNATE MEMBERS, AND BY PROVIDING FOR THE REPEAL OF SECTION 2-113 RELATIVE TO PROBABLE CAUSE HEARINGS REQUIREMENTS AND BY AMENDING SECTION 2-112 TO CONFORM THEREWITH; PROVIDING FOR EMERGENCY HEARINGS; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the "Palm Beach County Municipal Code Enforcement Act" of 1979 (House Bill 1161), the City Council of the City of Delray Beach, Florida, did create the Delray Beach Code Enforcement Board; and, WHEREAS, said Delray Beach Code Enforcement Board has served to promote, protect and improve the health safety and welfare of the citizens of the City of Delray Beach; and, ~HEREAS, the Florida Legislature did, during their 1980 Session, enact the "Municipal Code Enforcement Boards Act", enrolled as Chapter 80-300 Laws of Florida, which became effective October 1, 1980 and applies to all incorporated areas of every municipality in the state; and, WHEREAS, the City Council of the City of Delray Beach, Florida, wishes for the Delray Beach Code Enforcement Board to conform with said Legislative Act; and, WHEREAS, the City Council of the City of Delray Beach, Florida, wishes to streamline the Code Enforcement Board's process to provide improved protection to the citizens of the City of Delray Beach, Florida, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA t AS FOLLOWS: Section 1. That those 'provisions of Chapter 2, "Administration", Article VI, "Code Enforcement", are hereby readopted by the City Council of the City of Delray Beach pursuant to and under the authority of the "Municipal Code Enforcement Boards Act" of 1980, enrolled as Chapter 80-300, Laws of Florida. Section 2. That Section 2-104, "Codes Enforcement board estab- lished'', of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Sec. 2-104. Codes enforcement board established. (a) Composition; appointment of members. The board shall be composed of ~e-%~+ six (6) regular members alon~ with six (6) alternate members appointed by the city council, consisting, insofar as is possible, of the following: (1) One (1) architect; (2) One (1) ~g&me~sm~mT businessperson; (3) One (1) engineer; (4) One (1) general contractor; (5) ~me-~-~ea~-es%a%e-~e~sea~ One (1) subcontractor; (6) One (1) real estate person. The six alternate members shall be, whenever possible, one from each of the six (6) classifications for regu- la r membe rs. (b) Qualifications of members. Each regular member and alternate member appointed to the board shall possess, in addition to experience or interest in the fields of zoning and building control, the following minimum quali- fications: (1) The architect and the engineer shall be registered under the laws of Florida regulating the practice of architecture and engineering, or shall possess similar qualifications under the laws of other states, or shall have actual experience deemed by the city council to be equivalent to such regis- tration. (2) The general contractor and the subcontractor shall possess a valid certificate of competency and occupational license, recognized and accepted under the laws of Florida and the ordinances of the city regulating the business of contracting, and where required, State of Florida registration as a contractor, or shall possess similar quali- fications under the laws of other states, or shall have actual experience deemed by the city council to be equivalent to such certification. (3) The real estate person shall be 'licensed under the laws of Florida licensing real estate brokers as either a broker or a salesman, or shall possess similar qualifications under the laws of other states, or shall have actual experience deemed by the city council to be equivalent to said licens- ing, and shall hold a current and valid occupa- tional license issued by the city. (4) The ~essm~ businessperson sha!l be actively engaged in any lawful business wi'thin the city and shall hold a current and valid occupational li- cense issued by the city, or shall be an officer or employee of a business entity holding a current and valid occupational license issued by the city. (5) Each regular and alternate member of the board shall be a resident of the city. (c) Terms of appointment. In order that terms of office of all regular members of the board will not expire at the same time, the initial appointments to the board shall be as follows: (1) ~e-~+ Two (2) members shall be appointed for a term of one (1) year. (2) Two (2) members shall be appointed for a term of two (2) years. (3) Two (2) members shall be appointed for a term of three (3) years. Thereafter, all appointments shall be made by the city council for a term of three (3) years. (d) Vacancies and reappointment. Any member may be reappointed from term to term by the city council. Appoint- ments to fill any vacancy to the board shall be for the re- mainder of the unex~:ired term of office. - 2 - Ord. No. 63-80 (e) Forfeiture of appointment for nonattendance; removal from office. Any board member who fails to attend two (2) out of three (3) successive meetings without cause and without prior approval of the chairman shall automatic- ally forfeit his appointment, and the city council shall promptly fill such vacancy. The members shall serve at the pleasure of the city council and may be removed at any time by a majority vote of the city council according to the procedures for removal of board members as set forth in this Code. Section 2. That Section 2-105, "Organization of board", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Sec. 2-105. Organization of board. (a) The board officers shall consist of a chairman, a vice-chairman and such other officers as the board shall deem necessary. (b) Officers of the board shall be elected by a major- ity vote of the membership at the board's first meeting after their initial appointment and annually thereafter. (c) A member of the board may be elected to serve as an officer without restriction as to the number of terms served. (d) The alternate members of the Board may attend all meetings of the Board but shall act only in the absence, disability or disqualification of a regular member thereof, and the minutes of the Board's meeting shall reflect in whose stead the alternate member is acting. Section 3. That Section 2-106, "Board quorum", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Sec. 2-106. Board quorum. · h)ee-%~} Four (4) members of the board shall consti- tute a quorum. Section 4. That Section 2-112, "Initiation of enforcement pro- cedures'', of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Sec. 2-112. Initiation of enforcement procedures. (a) Responsibility of code inspectors. The code inspectors have the primary duty of enforcing the various codes, as described in section 2-102 above, and initiating enforcement proceedings before the board. (b) Notice of violati6n. If a violation of a code is found, the code inspector shall, unless subsection (c) or (d) of this section applies, notify the alleged violator of the violation in accordance with [procedures set forth in the definition of notification in] section 28-103, and give the alleged violator a reasonable time, in light of t.he nature of the violation, to correct the violation. Should the violation continue beyond the time specified for correc- tion, the code inspector shall request the board clerk to set a ~eb~b~e-e~e formal hearing and to notify the al- leged violator of the 9~e~e~e-ee~se formal hearing. - 3 - Ord. No. 63-80 (c) Emergencies. If the code inspector has reason to believe a violation presents a serious threat to the public health, safety and welfare, the code inspector may request that the Board convene an emergency formal hearing as soon as possible prior to the Board's r~ularly scheduled meeting ~eeee~-~ee~y-~e-a-~e~m~-he~, as provided for in section 28-114, without notifying the alleged violator; pro- vided, however, where possible, notice shall be given to the alleged violator. (d) Fire prevention code violations. If the violation arose under chapter 11 of this Code, the code inspector or the chief of the fire department may, at his option, either proceed under this 6hapter or pursuant to the authority and procedures set forth in chapter 11 of this Code. Nothing in this chapter shall be construed or applied to limit the authority of the chief of the fire department or of any fire marshal or any fire inspector to proceed pursuant to chapter 11 of this Code. Section 5. That Section 2-113, "Probable cause hearing", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby re- pealed and the subsequent sections of Chapter 2, Article VI, be renumbered accordingly to reflect such repeal. Section 6. That all ordinances or parts of ordinances in con- flict herewith be and the same are hereby repealed. Section 7. 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 8. 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 10th day of November , 1980. M A y 0 R'~-~ LEON M. WEEKES ATTEST: City Clerk First Reading October ~: l~Sfl Second Reading November 10, 1980 - 4 - Ord. No. 63-80