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39-77 ORDINANCE NO. 39-77 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE .CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SUBSECTION (P) (1) OF SECTIONS 29-6 RM-6 (MULTIPLE FAMILY D~LLING) DISTRICT, SECTION 29-7 RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, SECTION 29-8 RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT AND INSERTING NEW SUBSECTIONS (P) (1); REPEALING SUBSECTION (P) (7) OF SECTION 29-i7 SUPPLEmenTAL REGULATI©~S PERTAINING TO TOWNHOUSES AND ~TOWA~IOUSE DEVELOPmeNT AND INSERTING NEW SUBSECTION (P)(7) REGARDING THE OWNERSHIP CONTROL, MAINTENANCE, OPERATION AND USE OF COMMON AREAS OR FACILITIES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF T~ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Subsection .(P) (1) of Section 29-6 RM-6; Section 29-7 RM-10 and Section 29-8 RM-15 is hereby repealed and a new Subsection .~7-(P) (1) is inserted~ Subsection (p) (7) of Section 29-17 Supplemental Regulations is hereby repealed and a new Subsection (P) (7) is inserted to read as follows: . - If the Plans approved by the city for a multiple family development indicate that there will be either of the following types of common properties~ recreational areas, utility facilities or streets, .~ich are not accepted by the City, these common' properties shall be transferred to an association, · . corporation, individual or individuals (as trustee · .... -- or trustees),or other entity consisting of a majority of the property owners within the develop- meLt for their control, maintenance, operation, and use. The developer shall provide the City .. ~- Attorney the documents or agreements pertaining to the transfer and~shall also provide the City Attorney other appropriate documents, agreements, contracts, .or.deed restrictions which provide for the continuing maintenance and operation of such common; property or properties, which shall not be at public expense. Said documents, agreements, con- tracts or deed restrictions shall confer upon the City the right to perform maintenance and operation -. of such common; property or properties, and to assess the cost thereof equitably to the property owners .in the multiple family development should said property owners fail to perform such maintenance of operation. The City shall be entitled to a lien on the properties for the cost assessed which shall secure in addition ~to'the' cost of the maintenance or operation, the costs of collection including a reasonable attorney's fee. The City Attorney shall review all such proposed documents,, agreements, contracts or deed restric- tions and he shall approve the same if, in his judgment, they are legally sufficient to accomplish the purposes set forth above. No permits for construction of the proposed development shall ~e issued until the approval of the City Attorney's Office has been obtained. Section 2. 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 ~e 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 3. 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 27%h day of June , 1977. ATTEST: City Clerk First Reading June 13~ 1977 Second Reading. June 27~ 1977 - 2 - Ord. No. 39-77