69-78 ORDINANCE NO. 69-78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REPEALING CHAPTER 8, ARTICLE II, "SEAWALLS",
OF THE CODE OF ORDINANCES; AMENDING CHAPTER 15, ARTICLE I,
"HEALTH AND SANITATION", OF THE CODE OF ORDINANCES BY ENACTING
~ A NEW SECTION 15-4.1 REQUIRING CONSTRUCTION OR MAINTENANCE OF
~ SEAWALLS IN CERTAIN SITUATIONS DECLARED TO CONSTITUTE A PUBLIC
i NUISANCE; AMENDING THE SECOND PARAGRAPH OF SECTION 15-6 AND
~i SECTION 15-8(1) AND (2) TO ALLOW AN EXTENSION OF TIME FOR
~i ABATEMENT OF NUISANCES IN THE CASE OF VIOLATION OF SECTION
'~ 15-4 1 PERTAINING TO SEAWALLS; PROVIDING A SAVING CLAUSE;
i PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
~i DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 That Chapter 8 Article II of the Code of Ordinances
"Seawalls", is hereby repealed.
Section 2. That Chapter 15, Article I, of the Code of Ordinances
is hereby amended by enacting a new Section 15-4.1 to read as follows:
Sec. 15-4.1. Seawalls.
It shall be unlawful and constitute a public nuisance
for any property owner to maintain or allow to be maintained
property owned by him located adjacent to any natural or
artificial canal, stream or other body of water in a condition
requiring construction of a seawall or maintenance or repair
of an existing seawall.
Construction of a Seawall or~ repair or maintenance of an
existing seawall shall be deemed necessary when the lack of a
seawall or need for maintenance or repair of an existing sea-
wall causes a situation that threatens or endangers the
public health, safety or welfare, or that impedes the navi-
gability of any canal, stream or other body of water, or
that endangers swimming or other water sports.
Section 3. That the second paragraph of Section 15-6 of the Code
of Ordinances is hereby amended to read as follows:
Unless within thirty (30) days from the date of this notice
(.n_inety (90) days in the case of violation of Section 15-4.1 pertaining to
~seawalls), you correct the above condition to comply with the above referred
~to city Ordinance or within twenty (20) days from the date hereof you file a
~written request with the City Manager for a hearing by the City Council of
~the City of Delray Beach to review the decision reflected herein that a nui-
~sance exists pursuant to Section , the City of Delray Beach will
proceed to correct this condition by abating such nuisance and the cost
thereof will become a lien on the above property if not paid within thirty
(30) days after the mailing date of the notice of said assessment. In addi-
tion to such costs the lien will also secure interest beginning on the
thirty-first (31st) day after the mailing date of the assessment at the rate
of 9/o plus reasonable attorney's fees, and other costs of collecting said
· sums. CITY OF DELRAY BEACH
By
Section 4. That Section 15-8 (1) and (2) of the Code of Ordinances
is hereby amended to read as follows:
(1) The property owner has not made a proper written request
for a hearing and the subject nuisance has not been abated
within thirty (30) days from the date of notice of public
nuisance (ninety (90) days in the case of violation of
Section 15-4.1 pertaininq to seawalls); or
(2) If the property owner has requested and received a hearing
which resulted in a decision adverse to the property owner
and the property owner has not, within fifteen (15) days
subsequent to the rendering of a decision pertaining to
such hearing (sixty (60) days in the case of violation of
Section 15-4.1 pertaining to seawalls), abated the subject
nuisance.
Section 5. 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 6. 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 9th day of October , 1978.
MAYOR
ATTE S T:
' ~ City Clerk
First Reading September 25, 1978
Second Reading October 9, 1978
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