32-70 ORDINANCE NO. 32-70.
AN ORDINANCE ESTABLISHING MINIMUM STANDARDS GOVERN-
ING THE USE, OCCUPANCY AND ~;,AINTENANCE OF DWELLINGS,
DWELLING UNITS AND ACCESSORY STRUCTURES; ESTABLISHING
MINIMUM STANDARDS GOVERNING SUPPLIED UTILITIES AND
FACILITIES, AND OTHER PHYSICAL THINGS AND CONDITIONS
ESSENTIAL TO F~AKE DWELLINGS SAFE, SANITARY, AND FIT
FOR HU~%N HABITATION; ESTABLISHING MINIMUM STANDARDS
GOVERNING THE CONDITION AND MAINTENANCE OF DWELLINGS.
AND ACCESSORY STRUCTURES; FIXING CERTAIN RESPONSIBILI-
TIES AND DUTIES OF OWNERS AND OCCUPANTS OF DWELLINGS;
CREATING A HOUSING BOARD OF ADJUSTMENTS AND APPEALS
AND FIXING THE DUTIES AND RESPONSIBILITIES THEREOF;
AUTHORIZING THE INSPECTION OF DWELLINGS AND ACCESSORY
STRUCTURES AND PROVIDING FOR THE CONDEMNATION OF ALL
BUILDINGS AND STRUCTURES DEEMED UNFIT FOR HU~N HABI-
TATION AND USE~ FIXING PENALTIES FOR VIOLATIONS; AND
REPEALING ORDINANCES IN CONFLICT THEREWITH.
WHEREAS, within the area of jurisdiction of the City of Delray
Beach, Florida there are or may be dwellings, dwelling units and ac-
cessory structures which are unfit for human habitation and use due
to inadequate maintenance, obsolescence or abandonment; containing
defects which increase the hazards of fire, accident, or other ca-
lamities, and which by reason of the lack of maintenance, inadequate
ventilation, light and sanitary facilities or other conditions render
such dwellings and accessory structures unsafe, unsanitary and danger-
ous or detrimental to the health, safety, morals, and general welfare
of the community; and
WHEREAS, experience and accepted national housing surveys have
clearly demonstrated that such conditions result in a large measure
from improper maintenance, inadequate sanitary facilities, over-
crowded conditions in residential occupancies, buildings and premises
and from general neighborhood neglect; and
WHEREAS, it has now become co~on knowledge that these conditions
can be relieved, in a measure prevented and often eliminated through
planned and properly enforced minimum housing standards, resulting
thereby in the upgrading of living conditions and an over-all en-
hancement of the general health, safety and welfare of all residents
and property owners of the community; and
WHEREAS, the Southern Building Code Congress, a non-profit associ-
ation, has developed and made available a set of minimum housing
standards which have been recognized as being acceptable as a model
housing code; and
~{EREAS, Chapter 165, Section 165.191 of the General Statutes of
the State of Florida provides that such model codes may be adopted by
re ference;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 15A-1 of chapter 15A "Housing Standards",
be, and the same is hereby amended to read as follows:
"The Southern Standard Housing Code, being particularly
the 1969 edition thereof and the whole thereof, save and ex-
ce~t such portions as may hereinafter be amended, of which
not less than three (3) copies have been and are now filed
Page 2. ORDINANCE NO. 32-70.
in the office of the city clerk of the City of Delray Beach,
Florida, and the same are hereby adopted and incorporated
as fully as if set forth at length herein, and from the date
on which this ordinance shall take effect, the provisions
therein shall be controlling in the use, maintenance and oc-
cupancy of all dwellings, dwelling units and/or structures
within the area of jurisdiction of the City of Delray Beach,
Florida."
SECTION 2. That Section 15A-2 of Chapter 15A "Housing Standards",
be, and the same is hereby amended to read as follows:
"Any person, firm, corporation or agent, who shall
violate a provision of this Code, or fail to comply there-
with, or with any of the requirements thereof, or who shall
erect, construct, alter, demolish or move any structure, or
has erected, constructed, altered, repaired, moved or de-
molished a building or structure in violation of this Code
shall be guilty of a misdemeanor. Each such person shall
be deemed guilty of a separate offense for each and every
day or portion thereof during which any violation of any
of the provisions of this Code is committed, or continued
and upon conviction of any such violation such person shall
be punished in accordance with Section 1-6, Code of Ordi-
nances of this City."
SECTION 3. That Section 15A-3 of Chapter 1SA "Housing Standards",
be, and the same is hereby amended to read as follows:
"The invalidity of any section or ~rovision of this
ordinance or of the code hereby adopted shall not invali-
date other sections or provisions thereof."
SECTION 4. That Section 15A-4 of Chapter 15A "Housing Standards",
be, and the same is hereby amended to read as follows:
"Ail ordinances or parts of ordinances in force at
the time that this ordinance shall take effect and in-
consistent herewith are hereby repealed."
SECTION 5. Nothing in this ordinance or in the code hereby adopt-
ed shall be construed to affect any suit or proceeding now pending in
any court, or any rights acquired or liability incurred, nor any cause
or causes of action accrued or existing, under any act or ordinance
repealed hereby. Nor shall any right or remedy of any character be
lost, impaired or affected by this ordinance.
SECTION 6. That Sections 15A-5 through 15A-49 Code of Ordinances
of this City, be, and the same are hereby repealed and eliminated from
said Code of Ordinances.
SECTION 7. That Article II, Chapter 9 consisting of Sections 9-7
through 9-17 Code of Ordinances of this City, be, and the same are
hereby repealed and eliminated from said Code of Ordinances.
PASSED AND ADOPTED in regular session on second and final reading
on the 28th day of September , 1970.
ATTEST: - '
PRESIDING OFFICER
City Clerkf/
First Reading Se~ember 14, 1970 Second Reading ~ SeDtembe~ ..28, 1970
DELRAY BEACH NEWS JOURNAL
Published Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared ..?...~...r..~.....L..*......~....°.._.~....e....r. ................
who on oath says that hef~l~ is ...P.~lJ..s.hex .................................... of The Delray Beach
News-Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Flor-
ida; that the attached copy of advertisement, being a ~.....0....r...d.....C....~.l~..~.~..o...l~......~....3...2...-...7....0. ......
in the matter of ~"S~.~b~S~h~M~.~n~m~.~n~d~.~r~d~S~.~e~i~ ......
in the ...................................................................... Court, was published in said newspaper in the
~ues o~ ............... S. epie~_hex....L 7....&_.2.4_ ,....~ 9.7.0 ................................................................
Affiant further says that the said Delray Beach News-Journal is a newspaper published
at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has
heretofore been continuously published in said Palm Beach County, Florida, each week and
has been entered as second class mail matter at the post office in Delray Beach, in said
Pslm Beach County, Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement; and affiant further says that he has neither paid
nor promised any person, firm or corporation any discount, rebate, commi.~ion or refund
for the purpose of securing this advertisement for publicatio~in tl]p said newspaper.
.............. ...............
24th day ~ Sep. temhez ~ 1970
Sworn to and ~ul~bed before me this ...................... ...~.....,. .......
~¥ CG~'~;,~,S~,~O~: EXPIRES ~AR, 19, 1973