16-95 ORDINANCE NO. 16-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 7.8, "UNSAFE
BUILDINGS OR STRUCTURES", SECTION 7.8.13(B),
"QUALIFICATIONS", TO REMOVE THE REQUIREMENT THAT
MEMBERS OF THE BOARD OF CONSTRUCTION APPEALS BE
RESIDENTS OR HAVE THEIR PRINCIPAL PLACE OF BUSINESS
IN THE CITY; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the current Article 7.8 of the City of Delray
Beach's Land Development Regulations contains a requirement that
members of the Board of Construction Appeals be residents of the City
or have the principal place of business within the City; and
WHEREAS, the City Commission of the City of Delray Beach
desires to remove this requirement, as it was previously not required
prior to the adoption of Ordinance No. 82-94.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That Chapter Seven, "Building Regulations",
Article 7.8, "Unsafe Buildings or Structures", Section 7.8.13,
"Procedural Matters, Board of Construction Appeals", of the Land
Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(B) QUALIFICATIONS.
All members
shall have actual previous experience in their
respective trade or profession deemed sufficient by
the City Commission.
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 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.
Sec%iQn ~, That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section.. 4, That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of March 1995.
ATTEST:
'City C~rk
First Reading March 7, 1995
Second Reading March 21, 1995
- 2 - Ord. No. 16-95
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /O~ - MEETING OF MARCH 21, 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 16-95
DATE: MARCH 17, 1995
This is the second reading and public hearing for Ordinance No.
16-95 which amends Section 7.8.13(B) of the Land Development
Regulations to eliminate a conflict in the City Code regarding
residency and business location requirements for members of the
Board of Construction Appeals.
When the City Commission adopted a revised unsafe building
ordinance in 1994, the requirements for Board of Construction
Appeals membership were inadvertently changed. The ordinance added
a residency/business location requirement which conflicts with the
existing provision in Section 2.2.1(A) of the LDRs. In order to
correct the conflict, this ordinance will remove the
residency/business location requirement from Section 7.8.13.
At first reading on March 7, 1995, the Commission passed the
ordinance by a vote of 4 to 0.
Recommend approval of Ordinance No. 16-95 on second and final
reading.
ref:agmemol8
CITY UF DELRIIY BEACH
CITY ATTORNEY'S OFFICE ?~°° ~TM^~' ~"^~ ~^~"' ~°"~^ ~"~
FACSIMILE 407/278-4755 Wri~r's Direct Line: (~7) 243-70~
DELRAY BEACH
lJl.~dca City ~MO~~
1993
TO: Ci~ Co~ission
FROM: David N. Tolces, Assistant City Attor~
SUBJECT: Amendment to Board of Construction Appeals Ordinance
When the City Commission adopted a revised unsafe building ordinance in 1994, the
requirements for Board of Construction Appeals membership was inadvertently revised.
The ordinance added a residency/business location requirement which conflicts with the
existing provision as stated in Section 2.2.1(A) of the LDR's. In order to correct the
conflict, this ordinance will remove the residency/business location requirement.
Please call if you have any questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harry, City Clerk
Sharon Morgan, Executive Assistant
Lula Butler, Director of Community Improvement
Jerry Sanzone, Chief Building Official
BCA.dnt