Ord G-88(24-49) ORDINANCE NO. G-88
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING THAT NO HEDGE OR SHRUB SHALL BE MORE
THAN THREE FEET IN HEIGHT, MEASURED FROM THE CROWN OF THE ROAD,
FOR A DISTANCE OF TWEMTY-FIVE FEET FROM A PROPERTY LINE ON A COR-
NER; AND FURTHER AUTHORIZING THE CITY OF DELHAY BEACH, FLORIDA,
TO THIM SUCH HEDGE OR SHRUB AND ASSES~THE COST THEREOF AGAINST
THE OWNER, AFTER GIVING THE OWNER DUE NOTICE OF ANY VIOLATION
HEREOF; AND FURTHER PROVIDING THAT AFTER THE EFFECTIVE DATE HERE-
OF NO WALL OR STRUCTURE SHALL BE ERECTED MORE THAN THREE .FEET IN
HEIGHT, MEASURED FROM THE CROWN OF THE ROAD, FOR A DISTANCE OF
TWENTY-FIVE FEED FROM A PROPERTY LINE ON A CORNER, EXCEPT BUILD-
INGS IN THE BUSINESS DISTRICT; AND FURTHER PROVIDING A SAVINGS
CLAUSE AND A PENALTY.
WHEREAS public health and safety in the City of Delray
Beach, Florida, are being endangered by many high hedges and
shrubs located at corners of intersections, and
WHEREAS there is an immediate necessity for removing
such hedges or shrubs.
NOW, THEREFORE,
BE IT ORDAINED by the City Council of the City of Del-
ray Beach, Florida, as follows:
Section 1~i. That from and after the effective date of
this Ordinance no owner of any hedge or shrub shall allow the sams
to attain a height of more than three (3) feet, measured from the
crown of the road parallel to such hedge or shrub, for a distance
o£ twenty-five (25) feet from a property line of a corner.
-Sec~l-o~2: That the City of Delray Beach may, after
giving such owner due notice of any violation hereunder, trim suck
hedge or shrub to the proper height and assess the cost thereof
against the property on which such hedge or shrub is planted.
S~ction"3: That after the effective date of this
ordinance no wall or structure of any kind, which would obstruct
vision, shall be erected more than three (3) feet in height meas-
ured from the crown of the road parallel to such wall or struc-
ture for a distance of twenty-five (.25) feet from a property line
on a oorner. //
Section 4: That if any section, sub-section, para-
graph, sentence, clause or phrase of this ordinance or the appli-
cation of same to any particular set of persons or circumstances
should,for any reason, beheld invalid, such invalidity shall in
-1-
no wise affect the remaining portions of this ordinance, and to
such and the various provisions of this ordinance are declared to
be severable.
5. All ordinances or parts of ordinances insofar as
they may be inconsistent or in conflict with the provisions
this ordinance, be and the same are hereby repealed.
Section 6: This ordinance shall become effective im-
mediately upon its passage.
Section 7: Any person, firm or corporation violating
any of the provisions of this ordinance shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be Fined not ex-
ceeding Five Hundred ($500.00) Dollars or by imprisonment in the
City Jail not exceeding sixty:days, or by both such fine and im-
prisonment.
PASSED on first and Final reading on this the 8th day
of November, A. D. 1949.
ATTEST: APPROVED:
City Clerk
1st and Final reading
November 8, 1949
Passed and adopted:
November 8, 1949
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Affidavit of Publication
DELRAY BEACH NEWS
Published Weekly
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally
appeared _~_~_ ~_~__~___ .~_:__ ~..O.r.~_~.~_O_~ ........
who on oath says that hOisEUbli~hor a~ z~maoz~cv oapx~a~cm
................................... TH~ CiTY COUNCIL 0F T~ CiTY OP
DEL~AY BE~. F~RIDA,
................................................................ of the Delray S~XLn BM ~toRM THAN
Beach News, a weekly newspaper published at ~m, IN HEIGHT, MEASIfRED ,~O~
TH~ CROWN OF ~ ROAD~ ~
Delray Beach in Palm Beach County, Florida; nz~c~ or ~w~-~zv~
that the attached copy of adve~isement, being a Nma: AND FURtHeR
............................................................................. s.~u~ A~ ~SSSSS ~m
in thematterof City 0f Dolra~ Beach ~,~,~v~ ~E ow~ Dw
.................................................... NOTICE OF ANY VIOLATION HERE-
OF; AND FURTHER PROVIDIN~
AFTER THE EFFECTIVE DATE -HERE-
...................................................................................... OF NO WALL OR STRUCTURE SHALL
BE ERECTED MORE TH~N THR~E
F~ET IN HgI~T, ~[EASUR~D
...................................................................................... T~E CROWN OF THE ROAD, F~ A
DISTANCE OF TWENTY-FIVE FEET
FROM A PROPERTY LINE ON A
N~ ~XC~PT BUILDINGS ~
in the .............................................................. Court, ~us~NEss DISTRICT; AND FURTHER
rROVIDING A SAVINGS CLAUS~
was published in said newspaper in the issues of A P~NAL~.
The above Ordinance is ~ublished by cap-
tion only. Copy ~of same is on f~le in the
D0 combe r 1~ 1949 c~,~ c~,~ o.~ ~or ~.~p~o. o~
................................................................................... ested persons, This Ordinance was,
bY the, Cl~y CoUncil at' a meeting
November 8th. 19~9, as a~ emergency incas-
.................................................................................
Affiant ~rt~er sa~s t~at t~e said ~elra~ ~e.t~.
Beach News is a newspaper published at De~ay
Beach, in said Palm Beach County, Florida, and
that the said newspaper has heretofore been con-
tinuously published in said Palm Beach County,
Florida, each Friday and has b~en 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 copy of adver-
tisement; and affiant further says that ~ ....
has neither paid nor promised any 9erson, firm
or corporation any discount, rebate, commission
or refund for the purpose of sec~ing this adver-
tisement for publication in ~id~pwspaper.
Sworn to and subscribed before me this_~_
(SE~) ~ Notar7 Publie