G-560(41-64) ORDINANCE NO. G-560.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, SETTING FORTH
STRICTIONS ON OWNERS OF LOTS WITHIN THE CORPO-
RATE LIMITS WHO MAINTAIN OR ALLOW ACCUMULATIONS
OF SAND, ROCKS, DEBRIS OR SPOIL IN EXCESS OF
CERTAIN HEIGHTS~ PROVIDING FOR EXCEPTIONS~ AND
PROVIDIN~ FOR THE COMPULSORY ABATEMENT OF ANY
SUCH ACCUMUIATIONS EXISTING AT THE ENACTMENT
HEREOF UPON A DETERMINATION BY THE CITY COUNCIL
OF THE EXISTANCE OF A PUBLIC NUISANCE.
WHEREAS, The City Council has power to provide for the
safety, preserve the health, promote the prosperity and improve
the morals, order, comfort and convenience of the City of Delray
Beach and the inhabitants thereof~ and
WHEREAS, the City Council has determined that the mainte-
nance of certain accumulations of sand, rocks, debris or spoil upon
private property may under certain conditions be dangerous to human
life, health or welfare, and have an adverse effect on the pros-
perity, comfort and convenience of the inhabitants of the city, and
thereby constitute a public nuisance; and
WHEREAS, the City Council deems it necessary to pass this
Ordinance on an emergency basis for the immediate preservation of
the property, health and safety of the citizens of this city;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION.1. It shall be unlawful to allow or maintain on
any lot located in either a limited commercial or a residential
zoning district within the corporate limits of this city any ac-
cumulation of sand, rocks, debris or spoil at a height of over
three feet measured from the crown of either the front or side
street or road on which it is located, whichever is lower. In
the event said lot or parcel is not located adjacent or contiguous
to a paved improved street then the height shall be measured from
a grade established by the City Engineer in accordance with what
the city specifications would require if said street had hereto-
fore been improved.
Provided however that this height limitation shall not
be applicable to those lots fully enclosed by a reinforced concrete
retaining wall constructed to a height equal to or in excess of the
accumulation of the sand, rocks, debris or spoil maintained or lo-
cated on said property.
S~C?..~O~..2. Any lands within the corporate limits of the
city which are in violation of the above requirement as a result of
the enactment of the above section shall be allowed to maintain such
spoil areas until such time as the City Council deems such mainte-
nance a public nuisance. The City Manager shall immediately survey
any lots or parcels of land in the city wherein spoil accumulations
exist in violation of the above section, and the City Council shall
make an inspection and hear such supporting data as it may require
of the City Manager and his department heads in order to decade if
a public nuisance exists. If the City Council decides that a prima
facie case showing the existence of a public nuisance is established
Page 2. ORDINANCE NO. G-560.
the City Council shall then direct the City Clerk to send a written
notice within five ~ays thereafter to the last record owner of each
of such parcels of land declared to be a nuisance at the last avail-
able address for such owner, such notice to be in substantially the
following form:
NOTICE
Date
TO:
, I ,11 , I , I _ ,1 III , . ~ ' I II~ ; -k -II I. I ,1 I,
ADDRESS:
PROPERTY:
You, as the owner of record of the property above de-
scribed, are hereby notified that the City Council of Delray
Beach, Florida, on the. ...... ... .day of .. _~_, 19._,
determined that a nuisance exists upon such progerty caused by
(list briefly the details).
You are hereby notified that you must abate this nui-
sance within sixty (60) days, failing in which you shall be
in violation of this chapter amd upon conviction be punished
as provided in Section 1-6 of the Code of Ordinances of the
City of Delray Beach.
PASSED AND ADOPTED this 29th day of ~une, 1964, to be
~-ffective immediately.
DELRAY' BEACH NEWS-JOURNAL
Published Semi-Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
who on oath says .that he/she is .... ~~7./..~~__~-~(~.~ of The Delray Beach
News~lournal, a semi-weekly newspaper published at Delmy Beach in Palm Be~eh CounBt, Florida;
in the ..... i..._.._--~ .................. ~ .................... :; ................... Court, was ~ublished saia .O~w~a~er m the
.... .....................................................................................
of
Affiant~fher says tha~the said Delray Beach News-Journal is a newsPaper published at Delmy
Beach, in said Palm Beach County, Florida, and that the said newspaper ha~ heretofore been
continuously pub~l~ in said Palm Beach County, Florida, each week and has been entered
as seeoncl class mail matter at the post office in Delray Beach, in said Palm Beach County,
Morida, for a period of one year next preceding the first publleation of the attached copy of ad-
vertisement; and affiant further says that he has neither lmid nor prort~ed any per, on, firm or
corporation a_ny discount, rebate, commission or refund for the purpose ~ adver-
tisement for publication- in ~e ~aid newspaper.
Sworn to and subscribed before
NOTARY STITE OF IT LARGI~
/
Ml EXPIRES OCT. 25, 1666