Loading...
Ord G-336(34-59) ~ ORDINanCE OF THE CITY OF DELRAY BEACH, FLORIDA PROVIDING MIND~UMHEALTH STanDARDS FOR S~ITATION FACILITIES IN HOUSING; REQUIRING ADEQUATE VENTILA- TION, LIGHT AND HEATING; DETE~INING ACCEPTABLE OCCUPANCY OF SPACE,' REQUIRING SAFE ~D S~IITARY ~INTENANCE; PROHIBITING SUB-STANDARD CONDITIONS, STRUCTURALLY AND GENERALLY; REQUIRING ENFORC~NT BY THE BUILDING INSPECTOR; ~D PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. An ordinance establishing Minimum Housing Standards in the City of Delray Beach, Florida. for the protection of %he public health, safety, morals and welfare of the people. WHEREAS, there are, or may be, buildings or structures used or maintained for human habitation, which are, or may become in the fu~ure~ substandard wi~ respect to structure, equipment or mainte- na~ce ~nd further that such conditions together with inadequate pro- vision for light ~ud air, insufficient protection against fire hazards, lack of proper heating, insanitary conditions and over- crowding constitute a menace to the health, safety, morals, welfare and reasonable comfort of its citizens, and WHERE~S, it is further found and declared that ~he existence of such conditions, factors or characteristics will,if not remedied, create slum and blighted areas requiring large scale clearance Ik~rther, that in the absence of corrective meas'~-es, such areas will experience a deterioration of social values, a curtailmen~ of vestment and ~ax revenue and an impairment of economic values, and WHEREAS, it is further found and declared that the establish- ment and maintenance of Minimum Housing Standards are essential to the prevention of blight and decay and the safeguarding of public health, safety, morals and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SECTION 1. PURPOSE OF ORDINANCE The purpose of this ordinance is to protect the public health, safety, morals and welfare of the people of the City of Deiray Beach, Florida, by establishing minimum standards governing the condition, occupancy and maintenance of dwellings, dwelling units and premises; establishing minimum standards governing utilities, supplied facili- ties and other physical components and conditions essential to make dwellings, dwelling units and premises safe, s~nitary and fit fcr h~an h~bitation; fixing certain responsibilitxes and duties of owners, operators, agents and occupants of dwellings, dwelling units an~ premises; authorizing and establishing procedures for the in- spection of dwellings, dwelling units and premises and the condemna- tion ~nd vacation of those dwellings, dwelling units and premises ~it £or human habitation; and fixing penalties for the violations of the provisions of this ordinance. SECTION 2. SCOPE OF ORDINANCE Every portion of a building or premises, used or intended to be used for any dwelling purpose, except temporary housing, shall comply ~th ~he provisions of this ordinance, irrespective of ~hen such bu~ld?.g shall have been cons;ructed, altered or repaired, and irrespec'~i~e of any permits or licenses which shall have been issued for the use or occupancy of the building or premises, for the con- struction or repair of the building, or for the installation or repair of equipment or facilities prior to the effective date of this ordi- nance. This ordinance establishes minimum standards but does not replace, repeal or modify standards otherwise established for con- struction, replacement or repair.of buildings or structures except such as are contrary to the provxsions of this ordinance. SECTION 3.,. .DEFINITIONS For the purpose of this ordinance words used in the present tense include the future, the singular number includes the plural and the plural includes the singular. Words and terms are as de- fined in the latest revised Southern Standard Building Code and also those defined as follows. The definition of the following words shall be the same as found in the Southern Standard Building Code: Approved Dwelling Owner Basement Grade Person Building Habitable Room Structure Cellar Multiple Residence Citv Council shall mean the City Council of the City of DelrayBea~ch,-FlOrida. Dwellin~ Unit shall mean any room or group of rooms located within a d~elli~g and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating. Exterminatimn. The control and elimination of insects, rodents or othe~-pes~"S-by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods. 9arba~e. The animal and vegetable wasteresulting from the handlink,~ preParation, cooking and consumption of food. Household. Ail persons who occupy a dwelling unit. A person living ~I~ne 6r "4ny group of persons sharing a dwelling unit is a household. .Infestation. The presence, within or around a dwelling, of any inseCts]-rodents or other pests. Li¥in~ Area. A space within the confines of the four walls of the structure Which is completely enclosed by masonry, wood or ~!ass and is habitable the year round. Occ~p. an~. Any person over one year of age, living, sleeping, cooking °r~eating in or having actual possession of, a dwelling uni~. Op.gn S~ace. Outdoor area unobstructed by struct'ures restrio%in~ the free flow of light and air for a minimum distance of not less than three feet. Parties in Interest. Ail individuals, associations, partner-- ships, cbrpo~ations and'o{hers who have interest in a dwelling and any who are in possession o~ control thereof, as a~ent of the owner, as executor, executrix, admmnistrator, administratmx, trustee or guardian of the estate of the owner. Any such person thus repre- senting the owner or owners shall be bound to comply with the provi- sions of this ordinance and of the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner and upon failure to comply therewith shall be subject to the same penalties hereinafter set out in Section 20. ~, shall mean and include all of the fo%lowin~ supplied facilities Ahd-equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, toilets, sinks, installod dishwashers, lavatories, bath tubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines. Premises. A nlatted lot or part thereof or unplatted lot or parcel 6~ land" or plot of land, either occupied or unoccupied by any dwelling or non-dwelling structure. 2 Public HalI. Any hall, corridor or passageway not within the exclusive ~ontr61 of one family. Rubbish. Ail combustible and non-combustible waste, except garbage. S~un~.li,e~ Fa, cil.!,ti.e.s. Facilities paid for, furnished or provi- ded by, or Under the' control of the owner or operator. Workmanlike State_ of ~intenanc.e and ,Rep~.,.ir shall mean in such a sta~ So~As to comply With all cOd~s and 6r~inances pertaining to construction of buildings and installation of utilities. Heanin~ of Certain ,w, ord~s. Whenever the words "dwelling", "dwelling Uni~"':~:""premiS~:'' a~e ~used in this ordinance, they shall be constructed as thOUgh they were followed by the words "or any part thereof". S'EC. TION &,~, MINI~,~J~i STANDARD~..~ .FO_R~ L. IGH.T!NO A. .ELEOTR_IC OUTL~.T.S Ever. y habitable room shall have adequate permanent electric outlets and/or fixtures properly connected to an adequate source of electric power, Every bathroom, shower room, toilet room, laundry room, fur- nace room and public hall located in a structure used for human habitation shall have permanently installed electric fixtures, in- stalled in accordance with the requirements of the electrical code of the City. B.. , ,N,ATURAL LIGHT .!N.,...HABITABLE RO0~ Every habitable room shall have at least one (1) window or skylight facing directly to the outdoors. The minimum total window area x-or every habitable room shall be not less than ten (10) per cent of the floor area of such room. If the only window is the skylight type, the minimum total window area shall be not less than fifteen (15) percent of the total floor area of such room, except where other means of artificial lighting are approved. Whenever walls or other portions of structures face a wxndow of any such room and such light obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the re- quired minimum total window area. C ..., ... LIGHT .IN. NOE-HABI TABLE. S PACE Every public stair, hall, cellar and basement, located in a structure used for human habitation, shall have either adequate natural or artificial light available at all time. The natural or artificial lighti~.g available shall not be less than three (3) foot candles (3 lumens) measured in the darkest portions of normally traveled passageways and stairs. ~_. '"V~,~T.ILA~I0',N kN~'HABITABLE ..ROOMS Every habitable room shall be ventilated by either openable windows equal to fifty (50) percent of the required window area facing open space or by equivalent acceptable mechanical ventilation. Every bathroom, shower room, toilet room shall be adequately ventilated either by openable windows, th9 total of which shall not be less than one and one-half (1}} square feet facing open space or by other methods giving equivalent ventilation. SE.C. TION 6. M~.,,N,I~'~M STANDARDS:~R HEATING Every habitable dwelling unit shall be weatherproof and in a condition to be adequately heated. 9ECTION 7. ~,mN!~:m~j~ STANDARDS.. ~R_ BASIC.EQUI?~,,~NT AND.,, ,FACILITIES -3- A. pOTABL~ WATER S,UPPLY Every habitable dwelling unit shall be supplied with a pota- ble water supply approved by the Palm Beach County Health Department. B._ HOT. WATE,.R Every habitable dwelling unit shall have an adequate supply of running hot water, properly connected to plumbing fixtures, in accordance with the Plumbing Code of the City. C.. SEWERAGE In every habitable dwelling unit all plumbing fixtures shall be properly installed, properly connected in accordance with the Plumbing Code of the City, to the water supply and sewer systems and maintained in good working order. D. SU PP.L.ISp .. F.AC IL.I T~IES Every habitable dwelling unit shall contain a sink, tub or shower, lavatory and toilet. SECTION 8.~ ~&[NIi~M SPACE REQU.IRE}.~NTS ~ve.ry sleeping room for one occupant shall have at least seventy (70) square feet of floor space or if occupied by more than one person, at least fifty (50) square feet per occupant. B, SIZE .OF DWELLING UNI_T The tot.al of all habitable rooms in a dwell, lng.unit shall be such as to provzde at le.ast one hundred and fifty (150! sq.uare feet of floor space for the fzrst occupant and one hundred (100) square feet of floor space per additional occupant, ex. cept. every dwelling unit shall contain not less than five hundred (500) square feet of living area. C.,, ~,NI~3M HEIGHT OF HABITABLE ROOMS~. .~-...- Every habitable room shall be not less than seven (7) feet in height from the floor to the ceiling throughout one-half of the area of such room. Any portion of room having a ceiling height of less than five (5) feet shall not be considered in computing the total floor area for such room. SECTION 9. EGRESS Every habitable dwelling unit shall be provided with safe and unobstructed exits to reduce danger in case of fire. INF, Z TAT O5 As protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall be equipped with screens; and every window or other device with openings to outdoor space used or intended to be used for ventilation shall likewise be equipped with screens. Every basement or cellar window used or intended to be used for ventilation and every other opening to a basement which might provide an entry for rodsnts, shall be permanently equipped with screens or such other device as will effectively prevent their en- trance. There shall be no standing pools of water which might provide a breeding place for mosquitoes. Dwellings should be free from rodents and other vermin at all times. SECTION 11_.. RESPONSIBILI.TY. OF OCCUPANT The responsibilities of the occupant are as follows: To keep dwelling and premises he controls and occupies in a clean and sanitary condition. To dispose of rubbish and garbage in a clean and sanitary manner as prescribed by city ordinances or requisitions. To keep plumbing fixtures therein in a clean and sanitary condition and to exercise reasonable care in the proper use and operation thereof. To exterminate in the folloWing cases: (a) Occupant of single dwelling is respo~sible for extermina- tion of any insects, rodents or other pests therein or on premises. (b) Occupant of a dwelling unit in a multiple unit structure is responsible for extermination of any insects, rodents or other pests, if his m~it is the only unit infested. Notwithstanding the foregoing provisions of this section, whenever infestation is caused by the failure of the owner to main- tain the dwelling in a ratproof or reasonably insect proof condition, the occupant is not responsible for extermination of any insects, rodents or other pests therein. SECTIQ~..!~. RESpQN$IBILITIES OF Qm~E~ The responsibilities of the owner are as follows: To let no dwelling to any one for occupancy unless it meets minimum standards set forth herein. To have dwelling in clean,.sanitary, habitable condition, to free from infestation before renting, to paint walls and ceilings and to olean, repair and exterminate if needed to meet aforesaid requirements before offering for rent. To provide screens to be hung. To exterminate in the following cases: (al When infestation exists in two or more units or multiple unit structures. (b) When infestation exists in shared or public areas of mul- tiple unit structure. (c) When infestation exists in single unit of multiple unit structure or in single unit structure when infestation is due to failureof the owner to maintain the dwelling in a ratproof and reasonably insect proof condition. SECTIONal3? C0~pITIONS...O~..SI.aU¢~E Ail dwelling structures shall be watertight, weatherproof, rodent and insect proof and in good repair. Every foundation, exterior wall and roof shall be watertight, weatherti~ht and rodent proof, shall ~ adequately support ~he building at all times and shall be in a workmanlike state of maintenance and repair. Every interior partition, wall, floor and ceiling shall be reasonably tight, capable of affording privacy and matntaine9 in a workmanlike state of repair and in a clean and sanitary condition. All rainwater shall be so drained and conveyed from every roof and the lot shall be so graded and drained as not to cause dampness in the wal.s, ceiling, floors or basement of dwelling. Every window, exterior door and basement hatchway shall be weathertight, water tight and rodent proof; and shall be maintained in a sound condition and repair. Every inside and outside stairway, every porch and every appur- tenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon; and it shall be maintained in sound condition and repair. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in a sanitary working condition, free from defect, leaks and obstruction. Every toilet, bathroom and kitchen floor shall be constructed and maintained so as to be impervious to water and such floor shall be kept in a clean and sanitary condition. Every supplied facility, piece of equipment or utility which is required under this ordinance shall be so constructed and in- stalled that it will function safely and effectively and shall be maintained in good working condition. SECTION l~. INS?$C~ION AND ENFORCEMENT HOUS ,Nq The Building Department and/or the Planning Board shall be authorized to make surveys in any area of the City to determine the condition of structures used for human habitation, the extent of deterioration, lack of facilities and maintenance, unsafe and un- sanitary conditions, the extent of overcrowding, land use and other relevant factors. ~.,, INOPECTION OF D~WELLI~G The Building Inspector or his designated representative shall be authorized, upon showing proper identification, to enter any dwelling, dwelling unit or premises at any reasonable time during the day or at such other time as may be necessary in an emergency, for the purpose of making inspections to determine the condition of dwellings, dwelling units and premises in order to safeguard the health, safety, morals and welfare of the public. C, SERVICE. OF'NOTICES AND ORDERS~ Whenever at least five residents of the city charge that any dwelling is unfit for human habitation or whenever the Building In- spector or his designated representative determines that there has been a violation, or that there are reasonable grounds to believe that there has been a violation of any provision of this ordinance, he shall give notice in writing to the person or persons responsible for such violation. Such notice shall: (a) Include a description of the real estate sufficient for identi- fication. (b) Include a statement of the reason or reasons why the notice is being issued. (c) Inform the violator of his right to petition for a hearing before the City Council and .specify that this petition must be received within 20 days after the notice was served. (d) Be served upon the owner or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such violator if a copy thereof is delivered to him personally or by registered mail but if the whereabouts of such person is unknown and the same cannot be ascertained by the Building Inspector in the exercise of reasonable diligence and the Building Inspector shall make an affidavit to %hat effect, then the serving of such notice or order may be made by publishing the same once each week for two (2) consecutive weeks in a newspaper printed and published in the City. A copy of such complaint or order shall be posted in a conspicuous place on premises effected by the notice or order. Such notice may include an outline of remedial action which, if taken, will affect compliance with the provision.of this ordinance and with rules and regulations adopted pursuant thereto. D. FINAL ORDER Any notice of violation shall automatically b?come a final order if written request fo~ a hearing i~ not filed zn the office of the Building Inspector withxn twenty (20) days after receipt of said --~ot~i~. ~ ....EMERGENCY PO_ .~...RS The Building Inspector is hereby granted certain emergency 6 powers. Whenever he finds that a condition exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provi- sions of this ordinance, such order shall be effective innnediately. Any person on whom such an order is directed shall comply therewith immediately but upon a petition shall be afforded a hearing by the City Council as soon as possible. After such hearing, dep?nding upon the findings as to whether the provisions of this ordxnance have been complied with, the City Council shall continue such order in ~ffect or modify it or revoke it. ~. AGENCy_.TO ABATE. H~ZARDS I~. ~RGENCIES Whenever any violation of this ordinance, which in the opinion of the Building Inspector causes a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or to the public, has not been corrected in the time speci- fied by the order issued under Section I~C, the Building Inspector may take such direct action as is necessary to abate the hazard or danger. The expenses incurred by the Building Inspector shall be paid by the owner or occupant of the premises, or by the person~o caused or maintained such nuisance or other matter to exist. G. D~4OLITION AS C~{PLIANCE Any owner of a building, receiving a notice of violation stating that such building does not comply with the provisions of this ordinance, may demolish said building and such action shall be deemed compliance. H.. ~NSP~CTIO~ At the end of the period specified in the notice of violation, or any extension thereof, it shall be the duty of the Building In- spector or his designated representative, to make a reinspection of the dwelling, dwelling untt or premises and if compliance has not been established, approprzate l~gal action shall be instituted. I. EXTENSION OF...QO~$IANCE TIME The Building Inspector may extend the compliance time where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance. s.~CTION.I~, DESIGNATION OFUNFIT.OWELLING UNITS A. UNFIT DW~.LLING UNITS Any dwelling or dwelling unit having the following defects, may be designated by the Building Inspector as unfit for human habi- tation and may so placard it. 1. The structure lacks illumination, ventilation, sanitation, heat, adequate or safe wiring or other facilities adequate to pro- tect the health and safety of the occupants or the public. 2. The structure is damaged, decayed, dilapidated, insanitary, unsafe or vermin infested in such manner as to create a serious hazard to the health and safety of the occupants or the public. 3. The structure, because of the location, general conditions, state of the premises or number of occupants, is so insanitary, un- safe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public. &. The structure, because of the failure of the owner or occupant to comply with such notices or orders issued pursuant to this ordinance, is unfit for human habitation. B. NQT!~E OF !NT.~N~. TO VACATE %gnenever the Building Inspector determines that a dwelling ? unit is unfit for human habitation as provided in "A" above, he shall include such findings within the notice of violation provided for in Section i&C hereof relating to Notices and Orders and he shall also include a statement of his intent to vacate and placard the dwelling unit if compliance with the provisions of the notice of violation has not been secured. C. ORDER TO V4CA~ Whenever a notice of violation, as provided in Section 14G hereof, has not been complied with or a hearing in the violation has not been invoked as provided for in Section 14 hereof, the Building Inspector may order the dwelling or dwelling unit to be vacated~ A copy of such notice to vacate shall be served on the owner or occu- pant as provided for in Section i~C hereof. D. VACATED DWELLING ~D~ SECURE The owner, agent or operat?r of any dwelling which has been designated as unfit for human habxtatton and vacated, shall make such dwelling safe and secure in whatever manner the Building Inspector shall deem necessary. Any vacant building, open at the doors and windows, if unguarded, shall be deemed dangerous to human life and a nuisance within the meaning of this provision. .E. NOTIC.~.. OF _INTENT~ TO~ DEMOL~SH~. _ ~. Whenever the Building Inspector designates a building unfit for human habitation, as provided in this ordinance, and determines that the cost necessary to correct the violation is not reasonably related to the value of the building, he shall include within the notice of violation a statement of his intent to order the demolition of the structure. A copy of such notice shall be served on the downer, occupant, lessee, or mortgagee. The owner may demolish the structure or correct the violation regardless of cost. tECTIg~ 16,.BOAR~DOF~.HOUSING APPEALS A. BOA~D~0F~HOUSINGAPPEALS There is hereby created and established a Board of Housing Appeals which shall be the City Council of the .City of Delray Beach, Florida. The Mayor shall preside over the hearings and to question the petitioner. The rules of evidence prevailing in Courts of Law and Equity shall not be controlling on hearings. The City Council shall adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this ordinance. The ]~ayor shall call meettngs and shall notify Council members; in open meetings, that the Cguncxl shall hear appeals. The presence of three members shall constxtute a quorum and the concurring vote of three members shall be necessary to reverse or modify any order or notice of the Building Inspector. The proceedings at such hearing, including the findings and decisions of the City Council shall be summarized, reduced to writing and entered as a matter of public record in the office of the Building Inspector. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this ordinance, or by any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the City Council; rovided that such persgn shall file in the office of ~he Building nspector a written petltion requesting such heariqg tnd setting forth a statement of the grounds therefor within twenty (20) days after the date the notice was served. Within the days after receipt of the petition the Building Inspector shall set a time and place for such hearing and shall gtye the petitioner written notice thereof. A% such hearing the petmtioner shall be given an opportunity to be heard and to show cause why such notice should be modified or withdrawn. The hearinK before the City Council shall be commenced not la'~er than thirty (30) days after the date on which the petition was filed; pro- vided that upon written application of the petitioner to the City Council, the date of the hearing may be postponed beyond the thirty 8 (30) days if the petitioner shows good and suficient reason why it should be postponed. Any notice served automatically becomes an order if a written petition for hearing is not filed in the office of the Building Inspector within twenty (201 days after the notice served. After su~ hearings, the City Council shall sustain, modify or withdraw the notice, depending upon itsftndings as to whether the provisions of the ordinance and of the rules and regulations adopted pursuant thereto have been complied with. The City Council may also modify any notice so as to authorize a variant from the provisions of this ordinance, when because of special conditions, a literal enforce- ment of the provisions of this ordinance will result in practical difficulty or unnecessary hardship; provided that the spirit of this ordinance will be observed, public health and welfare secured mud substantial justice done. The City Council may also extend the time specified for compliance if the case warrants. If the City Council sustains or modifies such notice, it shall be deemed to be an order and the violator shall comply with all provisions of such order within the afore-specified length of time. C,~ ApPEAL_TO.COURT Any person.or persons, jointly or severally, aggrieved by the decision of the C~ty Council, or any taxpayer or any officer, de- partment, board or bureau of the municipality may seek relief there- from in any court of competent jurisdiction as provided by the laws of the State. ~CT!Q~ 17.~ CONFLICTWITH. OT~E~ ORDINANCES Where 9 provision of this ordinance is found to be in conflict with a provismon of any zoning, building, electrical, plumbing, fire safety or health ordinance or any code or other regulation of the City, the provision which establishes the highest standard shall prevail. SECTION $$? QO~%IC~ OF PER}~ITS All departments, officials and employees of the City who have the duty or the authority to issue permits or licenses in regard to the construction, installation, repair, use or occupancy.of dwellings and dwelling units shall conform to the provisions of thms ordinance, no permit or license shall be issued if such would be in conflict with th~s ordinance except as provided in Section 17 above. SECTION..!2~ SEVERABILITY If any section or provision of this ordinance should be held invalid for any reason whatsoever, such invalidity shall not affect the remaining portions of this ordinance, which shall remain in full force and effect and the provisions of this ordinance are declared to be severable. SECTION 20. PENALTY Any person or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misd?amor agd upo~ con- viction thereof, shall be punished as provided mn Sectmon 1-6 of the Code of Ordinances of the City of Delray Beach, Florida. FIRST R~ADING SECOND READING Affidavit of Publication THE DELRAY BEACH NEWS-JOURNAL Published Weekly Delray Beach, Palm Beach County, Plorida STATE OF FLORIDA COUNTY OF PALM BEACH The Before the undersigned authority personally ~ion hel~~ who on oath says that~_.is~ .................................................. of the Delray'Beach News-Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Florida; that the attached copy of advertisement, being a ........ in the matter of ............................................................ in the ................................................................... Court, was published in said newspaper in the issue (s) Afiianl 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 eon- tinuously published in said Palm Beach County, Florida, each Thursday and has been entered as second class mail matter at the post office in Delray Beach, in said PaLm Beach County, Flor- ida, for a period of one year next preceding the first publication of the attached cop.y o~}adver- tisement; and affiant further says that.~e'- has neither paid nor promis_~ any person, firm or corporation any discou~rt, r~bate, commission or refund for the purpo~ of~,ecuring this adv/~- tisement for p~m~./~t~r~~~ . S r ....................... won to and ~uu~crmeu-oexore'me-[nls/x_a.~<~._ Nota~yLPubhc. ~ate of F~o,,d3 at Large My Commission Exp,res Nov. 6. {960