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Ord 210-38 ORDIN~NCE NO ~H~ ORDIN~NCE OF THE CITY OF DELRBY BEACH, FLORIDa FOR THE CONTROL AND ELI~gIN~TION OF FIRE HAZARDS AND FOR TliE FURTHER CONTROL AND ELIMIh~TION OF MOSQUITOES, AND/OR OTH~i~R OBNOXIOUS INSECTS AND VERMIN, THROUGH THE CLEARING, CLEANING AND ~MOVAL OF ~¥EEDS, P~LMETTOES, BUSHES, SHRUBS, VINES,SCrUB OR TRE~S, ~HETHER WILD OR N~TURAL GRO~TH, 0~ OTHERi'~'ISE, Ii~ a LUSH, RA~'K AND/OR UNTENDED ~ND/OR UNPRUNED CONDITION, ~ND ~WY ~CCUMUL~.TION OF DEAD ~d~D/OR DRIED BRUSH AND/OR TRASH, ~D/OR ~NY ~CCUMUL~TI0~! OF JUNK, RUBBISH, ROTTING ~'~OOD OR LU~R, ~B~DONED ~UTO- ~OBILES OR PARTS T~EBLOF, TIN CANS OR CONTAINERS O~~' ~NY DESCRIPTION, raND DECLgRING THaT TIiIS ORDINa. NCE IS FOR THE PROTECTION OF PUBLIC HEALTH ~ND SAFETY OF CITIZENS ~D PROPERTY ~'ITHI~ THE CITY; ~ND PRESCRiBIi~iG P£i~ALTIES FOR THE VIOLATIOI~ Of ThE PROVISIONS 0F THIS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELI~AY BEACH, FLORIDA: SECTION 1. That it shall be unlawful for any person to have, keep, maintain, cause or permit within tae corporate limits of the City of Delray Beach, Florida, any hazardous growth or accumulation of weeds, palmettoes, bushes, shrubs, vines, scrub or trees, ~.~aetl~er wild or natural growth, or other~ise, in a rank aha/or untended and/or unpruned condition, and ay accumulati6n of mead and/or dried brus~ a~d/or trash, and/or any accumulation of junk, rubbisl~, rotting wood or lumber, abandoned automobiles parts thereof, tin cans or containers oI' any uescription, in whic~ mosquitoes and/or other obnoxious insects and vermin are likely to breed, or fire is apt to start, unless suc~ growth or accumula- tion is removed or abated, so as to prevent such breeding of mos-i and/or other obnoxious insects ana vermin, anm fire hazard. quitoes SECTION ~. The natural presence of moquito larvae upon the premises as described by the preceding section, ana the presence of accumulation of growth and/or accumulation of trash., as des- I cribed in the preceding section, snalt be evidence t~]at mosquitoesl and/or oth~r obnoxious insects and vermin are breeding there, and 1 that t~ere is a fire hazard located on said premises. SECTION In case the person responsible for ti~e co~.~- dition oi~ the premises on v~i~ic~ mosquitoes and/or other obnoxious insects and vermin breed, or are likely to breed, amd the person responsible for the condition of the premises upon w[~icn a l~ire hazard is located, caused by t~e allo~¥ing of growtl~ and accumula- tion of tras~ and junk, as above describe~, and suc~-~ person refuses to take necessarz~ measures to prevent said breeding, within tiered days after notice in writing ~as been give~ by t~e ~iealti~ Officer aha/or Chief of Police, or ~'~is subordinate, or refuses to take necessary measures to clean or clear his premises of t~e fire hazard of accumulated gro~t~ or refuse matter, as ~ereinabove described, withi~ t~ree days after notice in writin~ nas been. given by the Healt~ Officer and/or Chief of Police, or his sub- ordinate, or within such longer time as may be specified in the notice, the said person responsible shall be deemem guilty of a violation of this ordinance; and for each ~ay after the expiratio~ of time specified in the notice, as the case may be, ti~t tl~e person res[~onsible shall fail or refuse to take suc~ measures, said person responsible shall be deemed guilty of a separate violation of t~is Ordinance, snd in ..~aci~ such f~ilure or refusal of the person responsible, t~e ~iealt~ Officer and/or Chief of Police, or his subordinate is auti~orized to take the necessary steps to prevent the breeding of mos~uitoes aha/or other obnoxiou~ insects and vermin, and the removal oi~ t~e fire hazard, b~ ti~e ~ clearing and cleaning of said premises, and all necessar~ costs incurred by the Healta ~fficer arl~j"or C~ief of Police, or als lawful subordinate, for said purposes, s~lali be charged against the person responsible. SECTION 4. For t~e purpose of t~is Or~ainance, the per- son o%t~ing the record title to the premises or ian~is, or t~e per- son responsible for t~e co~ditbn of any premises is tY~e person using or occupying tlle same; or, in case the premises ~.re usea or occupied by two or more tenants of a common landlord, or from grounds appurtenant to a house occupied by two or more tenants of a co,non landlord, then the i~ndlord; each tenant, nov~ever, is responsible for t~at part of the premises which ne occupies to the exclusion of tile other tenants; provided, ti~at, in case t~e premises are occupied by a tenant under a yearly or montJlly tenancy, or under a lease for not more than ~ year, or under any lease whereby the lessor is expressly or impliediy obligated to keep the premises in repair. SECTION ~. For the purpose of enforcing the provisions of t~lis Ordinance, the Health Officer and/or Chief of Police, or his lawful subordinate, may at all reasonable times enter in aha upon any premises ~ithin ~'~is jurisdiction. SECTION ~. ~Very p~rson who shall violate tile p~ovi~ionS of Sections 1 to ~, inclusive, sY~ati be fined in a sum not ex- ceeding Five Hu~ndred Dollars (~500.00) or be im~rmsoned in the City Jail for a period o~' not exceeding sixty (60) days, or both suc~ fine and imprisonment in tl~e discretion of the Court, and persistent violators shall be considered operators of a public nuissnce and the Court shall ~ave the power to revoke t~e license of such violators. PASSED by t~'~e City Council, of the City- of Delray Beach, Florida, in regular session sitting, this /~/ day of February, 1938. A~test: ~'c~ President of the Council. City Clerk. PASSED on secona an~ final reaaing, this ~ day of ~ttest: ~'~ President of tl~e Council. City Clerk.