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28-74 ORDINANCE NO. 28-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS ~%~ENDED, BY ADDING NEW PROVISION PERTAINING TO THE CLEAN- LINESS OF PROPERTY AND ~E PROTECTION OF PROPERTY IN THE EVENT OF HURRIC~=NES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. WHEREAS, the City of Delray Beach is subject to hurricanes at any time of the year; and WHEREAS, there is needed an ordinance for protecting the inhabi- tants and property of the City of Delray Beach from objects subject to bein~ blown through the air or damaged by the' winds accompanying a hur- ricane, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAy BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 9 "Building Code" of the Code of Ordi- nances of the City of Delray Beach, as amended, be further amended by adding the following section: "Section 9-3. M~intenance of Buildings and Property. (A) BUILDINGS (1) .The requirements, contained in this Code, covering the maintenance of buildings, shall apply to all buildings and/or structures now existing or hereafter erected. All buildings and/or structures and all parts thereof shall be maintained in a safe condition, and all de- vices or safeguards which are required by this Code shall be maintained in good-%;orking order. (2) This Sub-section shall not be construed as permitting the removal or non-maintenance of any existing devices or safeguards un- less authorized by the Building Official. (3) Debris for the purpose of this section is defined as follows: remains of anything broken-down or destroyed, ruins, fragments, rubbish, trash, waste material, litter, and rubble. (B) PROPERTY No debris of any kind shall remain on any lot or on a side- wa]~ or street contiguous thereto, resulting from a fire, windstorm or from demolition or partial demolition of any building; nor shall any equipment, excess building materials, storage sheds or debris remain upon any such lot, sidewalk or street, upon completion of any new build- ing upon such lot; nor shall any equipment, materials, toolshed.or debris be stored on any ~'.~cant or partially vacant lo~, except as provided for in the Zoning Ordinances. It is hereby made the duty of the owner or his agent to remove or cause to be removed from such sidewalk, street and/or lot all such equipment, materials, toolsheds and debris within five days after written notice by the Building Official. For failure to comply with such notice after such period of five days, the owner and/or per- mit holder is subject to the penalties specified herein, the Certificate of Occupancy for the structure or structures may be revoked and the Building Official shall have the work done and public property restored and shall .notify the legal authority, who shall institute the necessary action to have the costs placed as a lien against the property. (C) HURRICANE PRECAUTIONS During such periods of time as are designated bY 'the United States Weather Bureau as being a hurricane warning or alert, the owner, occupant or user of a property shall take precaution for the securing of buildings and equipment. Canvas a~,~,nings and swing' signs shall be lashed to rigid construction, tents shall be taken down and stored or lashed to the ground, and such other precautions shall be taken for the securing of buildings or structures or material or equipment as may be reasonably required. (D) SPECIAL HURRICANE PRECAUTIONS During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, all con- struction materials or equipment shall be secured against displacement by wind forces; provided that where a full complement of personnel is employed or Otherwise in attendance, or engaged for such protection purposes, normal construction procedures or uses of materials or equip- ment may continue allowing such reasonable time as may be necessary to secure such materials or equipment "before winds of hurricane force are anticipated. ConStruction materials and equipment shall be secured by guying and shoring, by tying down loose materials, equipment and con- struction sheds. (E) ,SPECIAL HURRICANE INSPECTIONS, (1) During such periods of time as are designated by the United States Weather Bureau as being a hurricane alert, all furniture, display racks, material and similar loose objects in exposed outdoor locations, shall be lashed to rigid construction or stored in buildings. Orders shall be oral or written and shall be given to any person on the premises most logically responsible for maintenance and such orders shall be carried out before winds of hurricane velocity are anticipated. (2) After winds of hurricane velocity are experienced and have'subsided, the Building Official shall investigate to determine if damage has occurred to buildings or other structures. (3) No building or other structure or assembly or part thereof, which was damaged or collasped or out of plumb or line shall be repaired or altered or otherwise returned, to its original position without inspection and approval by the Building Official." SECTION 2. That all ordinances or parts of ordinances in con- flict herewith be and the same are hereby repealed. SECTION 3. That any persDn who violates the provisions of Sec- tion 1 above, shall, upon conviction, be punished as provided in Sec- tion 1-6 of the Code of Ordinances of the City of Delray Beach. SECTION 4. That should any section or provision of this ordi- :-n~ance or any portion thereof, any paragraph, sentence or word be de- ~clared 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. This Ordinance shall take effect immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on the second and final reading on this the g~W. day of ~)~ , 1974. ATTEST: '. Acting City Clerk First Reading, JUN ! 01974, Second Reading. JUL ~ 1974 ' Ord. No. 28-74.