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12-08-75
· 3' 1975 DECEM]~ ER 8, A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday, December 8, 1975, with Mayor James H. Scheifley presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Andrew M. Gent, Grace S. Krivos, David E. Randolph and Ron I. Sanson, IV, present. 1. The opening prayer was delivered by Dr. John Worthington of United Cason Methodist Church of Delray Beach. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. Mrs. Krivos moved for the approval of the minutes of the ~egular meeting of November 10, 1975, and the regular meeting of November 24, 1975, seconded by Mr. Gent. Mr. Sanson requested the following changes be made: a - November 10, Item 5.c. Insert - "Mr. Sanson received no support for his suggestion." b - November 10, Item 6.c. Substitute - "The City Manager reported that it was recom- mended'' for "It is recommended". Substitute - "The City Manager thought it questionable" for "It is questionable". c - November 24, 1975, Item 6.e. Insert - "The City Manager said he would communicate with the owners about this subject". Mrs. Krivos and Mr. Gent accepted 'the amendments. The motion passed unanimously. 4.a. Mr. Sanson requested that the City Manager schedule for workshop a presentation to be made on development for the south beach. Mayor Scheifley stated the Beautification Committee had requested that the plans they have drawn for the south beach be put on the agenda for the 29th. The City Manager stated he would so schedule this item if a meeting'were held on the 29th; otherwise, it would be on the following agenda. 4.b. Mayor Scheifley welcomed Mr. J. W. Dunbar back.. 5.a. There were no public requests from the floor. 6.a. 1 The City Manager reported he had made arrangements with the City Clerk to provide copies of ordinances and resolutions to members of the press. 6.a.2. Mayor Scheifley stated the next meeting of the Palm Beach County Municipal League would be held on December 12th at Belle Glade rather than on the 15th as announced in the Palm Beach County Municipal League bulletin. 6.a.3. The City Manager reported he received a communication from Mr. Bill CarltOn's office of the Department of Natural Resources. City Manager Mariott stated he had learned on his last trip to Tallahassee that two figures had been budgeted by that department for Delray Beach's beach erosion and restoration project. The first is a budgeted figure of $200,853 which is the last remaining payment by the State on the City's project that was completed approximately two years ago. The Dep~rtment has requested that a resolution be adopted asking the Depart- ment of Natural Resources to forward a check in the amount of $200,853 to the City of Delray Beach. Resolution No. 57-75 was presented. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES REQUESTING FUNDS IN TIIE AMOUNT OF $200,853 FOR BEACH RESTORATION. (Copy of Reso!u[ion No. 57-75 is attached to the official copy of these minutes..) Mr. Sanson moved for the adoption of Resolution No. 57-75, seconded by Mr. Randolph. Upon roll call, Co~]ncil voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a~vote of 5 to 0. 6.b. The City Manager stated the City has received the following quotations for selling the City 19 police vehicles: Bidder Gross Bid Trade-In Net Amount Hauser Motor Company $85,675.88 $13,900.00 $71,775.88 Delray Beach Earl Wallace Ford 90,463.00 '13,500.00 76,963.00 Delray Beach Adams Chevrolet 86,964.73 14,400.00 72,564.73 Delray Beach Joe Rose Motors 90,312.24 10,000.00 80,312.24 Delray Beach Jack Nicklaus Pontiac 94,494.48 9,000.00 85,494.48 Delray Beach The City Manager recommended the purchase be made from the low bidder, Hauser Motor Company, in the amount of $71,775..88. The budget provides $72,770 for this purpose. Mrs. Krivos move~ ~that Council accept the low bid of Hauser Motor Company in'the amount of $71,775.88 for the purchase of 19 police cars, seconded by Mr. Randolph. The City Manager reported delivery time would be 90 days. Mr. Sanson amended the motion to state the funds would be allocated from the current budget. The amended motion failed for lack of a second~ Upon roll call, the original motion passed unanimously. 6.c. The City Manager reported as was discussed at the November 17th workshop meeting, Council is to give consideration to requests previously received by the .City for extension of site plan approval for the following three site plans: 1 - Idyllwild; 2 - Delray Palms; and 3 - Aronimink. The City Attorney had advised the Building Inspection Department to give notice of this meeting to the three applicants. The City Manager read the notice that was sent to the applicants. "According to the records of the City Building Department, you are the holder of the (Aronimink) (Idyllwild) (Delray Palms) site plan which yo~ have.requested the City Council of the City of Delray Beach to extend the approval of said site plan. This letter is to give you formal notification that on December 8, 1975, at 7:30 P.M., the City Council will consider your request. If you desire, you may be present in person at this meeting or be represented by someone of your choosing to advise the City Council of any reasons which you think justify the extension. City Council will be particularly interested in the action that you have taken prior to the expiration of your site plan to develop your property. Sd/ Roy W. Reid, Chief Building Official for the City of Delray Beach." Identical notices were sent to all 'three applicants. The C~ty Manager stated he received a memorandum from the Chief Building Official dated December 5, 1975~ which reads as follows: "Delray Palms Mr. Dean Milani was not home at the time the letter dated November 28, 1975, was hand delivered to his-residence. Don Francisco, Building Inspector, put the letter in the mail slot t~1500 - Mr. Jack Coulbourn, Building Inspector, was an eye witness. 12-8-75. 223 Today, December 5, 1975, ti]is office spoke to Mr. Milani in reference to our letter. Mr. Milani 'stated that he did receive said letter and would be coming to the City Council meeting on Momday night, December 8, 1975. Aronimink Our letter dated November 28, 1975, was delivered by Mr. Don Francisco and Mr. Jack Cou].bourn. Mrs. Martin was home and received said letter. Today, December 5, 1975, Mr. Joseph Martin came in our office and spoke to me and hand delivered a letter dated December 4, 1975, in regards to his company's intentions (see attached). Idyliwild Mr. Herbert Kravitz was not in his office at the time the letter dated November 28, 1975, was hand delivered by Don Francisco and Jack Coulbourn. Ms. Rexanne Haag, secretary, received the letter and gave it to Mr. David Greenberg, the company's attorney. Today, December 5, 1975, this offi'ce spoke to Mr. Greenberg. He stated that he would get in touch with Mr. Kravitz today. At 10:00 a.m. this office received a call from Mr. Greenberg stating that Comwel Development did not have any intentions to come to the City Council meeting on December 8, 1975. Mr. Greenberg also stated that he had not heard from the other party, Mr. Byron Lasky, as to his intentions. Sd/ Roy W. Reid" The City Manager stated the letter from Mr. Martin read as follows: "As official representative of the Aronimink corporation, I have been invited to show cause to the City Council for the requested extension of approval of our site plan at Congress Avenue and Lowson Boulevard. After giving this matter serious consideration, Aronimink Corporation wishes to with- draw its request to seek such an extension. Let me hasten to express our sincere appreciation for all the help and cooperation that we have received from your office as well as from the entire City Council. Thank you. Sd/ Joseph A. Martin for the Aronimink Corporation." The City Manager reported Delray Palms is still seeking an ex- tension. He stated he did not know.whether or not Idyllwild wishes to continue to seek an extension. Mayor Scheifley suggested handling the request of Aronimink Corporation first. The City Attorney suggested the motion be worded that the site plan for Aronimink Corporation be cancelled and that no further applications be accepted to extend that site plan. Mrs. Krivos so moved, seconded by Mr. Randolph, said motion passing unanimously. Mayor Scheifley requested Delray Palms be considered. Mr. Dean Milani, representing Delray palms, spoke to Council. He stated lack of financial backing had held up his development. He described his plans for the development and asked for an extension of the site plan. His corporation has installed sewer and water lines throughout the site. The City Manager stated the original site plan was approved February 28, 1972. Mrs. Krivos asked when the site plan would have officially expired. Mr. Roy Reid replied one year from the date of the issuance of the model building permit. The City Manager stated the Planning and Zoning Board has reveiwed 'the site plan, but did not make a recommendation on the advice of the City Attorney. The City Manager recommended the site plan be denied. Mayor Scheifley asked Mr. Milani if the property had been for sale within the last year. Mr Milani stated it had not. The City Attorney asked when the mode], was built. -3- 12-8-75. Mr. Milani stated appro×imately 1972. Mr. Milani said he was presently in negotiation with financial institutions. Mayor Scheifley asked what the original density had been and what a revised site plan would call for in density.. Mr. Kotu!la replied the original site plan called for just under 15 units per acre; Mr. Milani reported the possible revised site plan would drop four to six units under 'the originally propose~d 70 units in the ¢~evelopment. Mr. Sanson moved the extension be denied, seconded by Mrs. Krivos. It was pointed out by Council members that many changes have taken place in site plan requirements since the original approval for Delray Palms. The motion to deny passed unanimous ly. Mayor Scheifley asked the status of Idyllwild. The City Manager stated no response was received to the le'tter delivered to the applicant for Idyllwi!d on November 28th. On December 5, 1975, Mr. Greenberg called the Building Department stating Comwel Development did not intend to attend the Council meeting, but that he had not heard from Mr. Byron Lasky as to his intentions. No representative of the organization was at the Council meeting. The City Attorney asked Mr. Reid if Comwel Development and Mr. Byron Lasky were joint holders of the site plan. Mr. Reid did not know. The City Attorney stated Mr. Byron Lasky had been sent a telegram to Encino, California., containing the identical notice the other site plan holders had received. Mr. Gent moved that no further application for extension of Idyllwild Development be accepted and that this application be denied, seconded by Mr. Randolph, said motion passing unanimously. 6.d. The City Manager reported Mr. Bennie Guy, 144 S.W. 9th Avenue, Delray Beach, requested the matter of parking vehicles on residential property be considered at this meeting. Mr. Guy has been served a violation notice by the Building Inspection Department for illegal parking of motor vehicles on residential property, i.e., vehicles over 3/4's of a ton. The City Manager reported this is not an isolated case; he reported the Building Inspection Department recently has issued approximately 30 such violation notices~ There are other locations where violations to this ordinance would apply. The City'Manager explained this type of problem is prevalent among small businessmen who own one or two trucks and have no place in which to store them with any degree of safety for their equipment. Mr. Guy stated he parked his truck in the alley behind his home making it impossible to see from the street. He asked Council what is meant by residential. Mayor Scheifley explained the residential zoning and ascertained Mr. Guy is in a residential area. Mr. Guy explained he owned his own truck in order to work with his brother in lawn maintenance. Mr. Gent explained the reason the Planning an~ Zoning Board had recommended allowing 3/4 ton trucks in residential areas is because many businessmen drive their trucks to and from work. Mr. Randolph stated several small businessmen had contacted him and asked for consideration on this matter. He stated some businessmen had leased property west of town on which to park their larger vehicles and had had the vehicles stripped of equipment. Mrs. .Krivos asked the City Attorney if he were aware of any method of helping businessmen in-this position. She pointed out very few rental places exist in this area for small businessmen to store this type of equipment. The City Attorney stated the problem would have to be remedied by changin9 the ordinance. Mr. Gent asked w~ere the businesses have been licensed, suggesting that some of them have been licensed illegally i~ residential areas. Mr. Randolph stated he felt the problem warrants a workshop since it deals with the livelihood of businessmen with families. Mayor Scheif]ey a~ked the City Manager to check into the handling of this matter by surrounding communities. After discussion, Council requested the item be referred to a workshop meeting. Mayor Scheifley asked that Mr. Guy be notified that the matter would be. given further consideration. 7.a. Mayor Scheifley acknowledged the minutes of the Beautification hommittee meeting held on November 5, 1975. Mayor Sche~fley reported the Committee has decided to reinstitute a phrase in their minutes which would request Council response to given items. -4- 12-8-75. 225 8.a. The City Manager presented Resolution No. 55-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITttIN SAID CITY; SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING TtIE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER OF DELP~Y BEACH~ FLORIDA. (Copy of Resolution No. 55-75 is attached t© the official copy of these minutes.) The City Manager recommended Council adopt this resolution providing for assessment of costs incurred by the City in abating previously determined nuisances against certain property, the owner of which failed to abate such nuisances within the allotted time from date of original nuisance violation notice. Mr. Gent moved for the adoption of Resolution No. 55-75, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley -- Yes. The motion ~ passed with a 5 to 0 vote. 8.b. The City Manager presented Resolution No. 56-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT TO FURNISH AND INSTALL 6-FOOT HIGH CHAIN LINK FENCE AT TEEN TOWN RECREATION CENTER PICNIC AREA AS SHOWN ON THE MASTER PLAN OF TEEN TOWN PARK LOCATED AT N.W. 13TH AVENUE AND N.W. 2ND~STREET, CITY OF DELRAY BEACH, FLORIDA, PRE- PARED BY THE CHARLES M. GRAVES ORGANIZATION, PARKS AND RECREATION SPECIALISTS - CONSULTANTS, ATLANTA, GEORGIA - DRAWING DATED MAY, 1973. (Copy of Resolution No. 56-75 is attached to the official copy of these minutes.) The City Manager reported the following bids have been received to furnish and install a 6 foot high chain link fence at Teen Town Recreation Center Picnic Area: Bidder Amount Completed In Budget Fence Company $3,230.00 4 days West Palm Beach, Fla. Delray Fence Company 3,243.34 15 days Delray Beach, Fla. Frank English 4,296.00 21 days Fence Contractor Delray Beach, Fla. City Manager Mariott recommended that the contract be awarded to' the low bidder, Budget Fence Company, in the amount of $3,230.00 by adoption of Resolution No. 56-75. Financing for the project has been allocated from Federal Revenue Sharing Funds. Mr. Randolph moved for the adoption.of Resolution No. 56-75 with financing to come from Federal Revenue Sharing Funds, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph -- Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 8.c. The City Manager presented Ordinance No. 51-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 3 "ADVERTISING" AND SUBSTITUTING IN ITS PLACE -5- 12-8-75. 22§ TIIlS CI-~PTER 3 RELATING TO SIGNS AND ADVERTIS- ING, I~QUIRING lbRMIIo AND PAYMENT OF PEf~IT FEES FOR EI,luCI±~G A SiGN OR SIGN STRUCTURE, REQUIRING LABELING 01" SIGNS, PROVIDING FOR PER- MITTED AND PROHIBITED SIGNS IN TIIE VARIOUS ZONING DISTRICTS OF ?lie CITY, PROVIDING FOR AESTIIETIC REGULATION OF SIGNS, REMOVAL OF SIGNS UNDER CERTAIN CIRCUMSTANCES 'AND PROVIDING A PENALTY CLAUSE. (Copy of Ordinance No. 51-75 is attached to the official copy of these minutes.) The City Manager read the capt'ion of the ordinance. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. Mr. Tore Wallin informed Council that the limitation in the ordinance on Directional Signs is 8"x30"; he stated at the present time, the directional signs directing the public to the City Hall and complexes are 30"x24". Mr. Wallin suggested that instead of requiring 8"x30" that 240 square inches maximum be substituted in this category. This would appear in Section 16(D). There being no further objections, the Public Hearing was closed. Mr. Sanson moved to change Section 16(D) (1) (a) to read "... limited to 240 square inches...". At the request of Mayor Scheifley, Vice-Mayor Krivos took the chair. Mayor Scheif!ey seconded the motion for purposes of discussion. Vice-Mayor Krivos returned the chair to Mayor Scheifley. Mr. Wallin pointed out that the sign committee felt it would be better to limit sign sizes to maximum square inches. He again stated directional City signs will be non-conforming if the size is not changed in the ordinance. Mr. Reid recommended that the size remain 8"x30". The City Manager also recommended the size remain 8"x30". · Mayor Scheifley called for the question. Upon roll call, Council voted as follows: Mr. Gent - No; Mrs. Krivos - No; Mr. Randolph - No; Mr. Sanson - Yes; Mayor Scheifley - No. The motion failed with a vote of 4 to 1. Mr. Randolph moved for the pass~ge of Ordinance No. 51-75 on second and final reading, seconded by Mr. G~nt. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote .of 5 to ~. 8.d. The City Manager presented Ordinance No. 52-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 'OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, FLORIDA, LOT 34, LAKE SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF' SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (COPY of Ordinance No. 52-75 is attached to the official copy of these minutes.) The City Manager read the caption of the ordinance. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. Mr. Sanson moved for the passage of Ordinance No. 52-75 on second and final reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 8.e. The City Manager presented Ordinance No. 53-75. AN ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16 "LICENSES" OF THE CODE OF ORDINANCES BY AMENDING, AS ~4ENDED, - 6 - 12-8-75. 227 SECTION 16.11 PERTAINING TO BUSINESS LICENSE TAX LEVIED ANNUALLY BY THE CITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. (Copy of Ordinance No. 53-75 is attached to the official copy of these minutes.) The City Manager read the caption of the ordinance. A Public Hearing' was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. Mrs. Krivos moved for the passage of Ordinance No. 53-75 on second and final reading, seconded by Mr. Gent. Upon roll cail~ Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 8.f. The City Manager presented Ordinance No. 55-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTIONS 58, 59 AND 60 OF CHAPTER 25786, SPECIAL ACTS OF FLORIDA, RELATING TO THE OFFICE OF CITY ATTORNEY AND SUB- STITUTING IN THEIR PLACE THIS ORDINANCE WHICH PRO- VIDES FOR THE APPOINTMENT AND REMOVAL OF THE CITY ATTORNEY, ASSISTANT CITY ATTORNEY AND SUCH SPECIAL COUNSEL AS THE CITY COUNCIL MAY DEEM NECESSARY; PROVIDING THAT THE DIRECTION OF TIlE LEGAL AFFAIRS OF THE CITY ARE TO BE THE RESPONSIBILITY OF THE CITY ATTORNEY, AND AUTHORIZING COMPENSATION OF THE CITY ATTORNEY, ASSISTANT CITY ATTORNEY AND SPECIAL COUNSEL, IF ANY; PROVIDING AN EFFECTIVE DATE. The City Manager stated this ordinance was discussed by Council at its last workshop meeting held on December 1st at which time the City Attorney outlined his recommendations to City Council. Council informally agreed the City ~ttorney should draft this ordinance. The City Manager read the caption of the ordinance. The residency require- ment for city attorneys is being repealed by this ordinance. Mr. Gent moved for the adoption of Ordinance No. 55-75 on first reading, seconded by Mr. Randolph. Mr. Sanson made a substitute motion that a requirement for a two-year residency be reinserted.' The motion died for lack of a second. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley- Yes. The motion passed with a 5 to 0 vote. 9.a. The City Manager reported the Planning and Zoning Board at a meeting held on November 18th recommended by unanimous vote that the following parcels of land be rezoned from RS(Residential Single Family)- County zoning to R-1AA (Single Family Dwelling) District - City zoning: Lots 9, 18, 19, 22, 32, the west 20 feet of 33, 38, 45, 47, 68, Delray Beach Shores Subdivision; and the south 1~0 feet of the north 1670 feet of the easterly 139.14 feet of Section 28-46-43, lying west of State Road A1A. The subject parcels are in Sections 21-46-43 and 28-46-43, and are located south of Lewis Cove, between A1A and'the Intracoastal Waterway. Mrs. Krivos moved that the City Attorney be requested to draft an ordinance rezoning these parcels as outlined in the agenda placing them in the R-1AA Single Family zoning district, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 10'~ The Bills for Approval were unanimously approved on motion by ~r. Gent and seconded by .Mr. Randolph with the exception of Check No. 12730 payable to the American Youth Feotball Association in the amount of $7,775.50. Council asked to be informed concerning the amount and the Association. Upon roll calm, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson- Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. -7- 12-8-75. General Fund ............. . . . $1,012,520.34 Water and Sewer Fund ........... 440r248.33 .Utility Tax Fund ............. 17,292.50 The meeting was adjourned at 9:00 P.M. City Clerk APPROVED: MAYOR -8- 12-8-75. 228A RESOLUTION NO. 57-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES REQUESTING FUNDS IN THE AMOUNT OF $200,853 FOR BEACH RESTORATION. WHEREAS, the City of Delray Beach did, by letter dated September ~3, 1974, request the State, in accordance with provisions of House Bill 2809, to participate in the payment of costs for restoration of the beach in Delray Beach; and, WHEREAS, the Governor and Cabinet subsequently approved said request; and, WHEREAS, the State of Florida Department of Natural Resources has allocated monies from the Erosion Control Account in support of this project; and, WHEREAS, the City of Delray Beach has provided local support funds for this project, NOW, THEREFORE, BE IT RESOLVED BY'THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Council does hereby request that the State of Florida Department of Natural Resources, authorize payment from the Erosion Control Account in the General Revenue Fund of the State of Florida, the sum of $200,853 as the State's contribution this fiscal year to the total cost of this project; the warrant for such payment to be made payable to the City of Delray Beach. PASSED AND ADOPTED in regular session on this the 8th day of December, 1975. ~TTEST: yCity Clerk A RESOLUTION O? lr.~ C~TY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOC.\T~,D WITHIN SAID CITY; SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE- PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. WHEREAS, the City Council of the City of Delray Beach., did, in REGULAR session held on the 25th day of August, 1975 declare the existence of a nui-. sance upon certain lots or parcels of land, described in a list sub- mitted to them, for violation of the provisions of Ordinance G-147; WHEREAS, pursuant to such declaration, the City Clerk of said City did furnish each of the respective owners of the lands described in said list with a notice describing the nature of the nuisance and that they must abate said nuisance within thirty (30) days, failing in which the City Council would have it done, and the cost thereof would be levied as an assessment against said property; and B~EREAS, the owners hereinafter named did fail and neglect to abate the nuisance existing upon their respective lands within the time prescribed in said notice and Ordinance G-147, and 'the City of Delray Beach was required to and did enter upon the following lands and incur costs in abating the nuisance existing thereon as described in the aforesaid list; and WHEREAS, the City Manager of the City-of Delray Beach, has, pur- suant to said Ordinance G-lA7 and the City Charter submitted to the City Council a report of the costs incurred in abating the nuisance as'aforesaid, said report indicating the costs per parcel of land involved. ~OW, THERE~OP~, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or par- eels of land described in said report, a copy of which is attached hereto and made a part hereof, are levied against the parcels of land described on said report and in the amounts indicated thereon. Said assessments so levied shall be a lien upon the respective lots and parcels of land.described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be col- lectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as city taxes are collect- ible. 2. That the City Clerk of said City shall, as soon as possible after the effective date, record a certified copy of this resolution in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, and shall furnish to each of the owners named in and upon said report a notice that the City Council of the City of Delray Beach, did, on the 25th day of August order the abatement of a certain nuisance existing on their described property and property owner having failed to abate such nuisance, within the 30 day period, whereupon it was abated by the City at costs shown in said report and such assessments shall be !:gal, valid and ~inding obligations upon the property against which said assessments are levied. This resolution shall become effective 30 days from the date of adoption, and the assessments contained herein shall become due and payable thirty days after the mailing date of the notice of said assessment, after which interest shall accrue at the rate of 6% per annum on any unpaid portion thereof. PASSED AND ADOPTED in Regular session on the 8th day of ATTEST ~ 228C COST OF ABATING NUISANCE UNDER CI~PTER 15 OF TI~ CITY CODE PROPERTY DESCRIPTION OWNER ASSESSMENT Lot 5, Block 8 Dell Park James G. Fleming $140.00 258 NE llth St., 363 SW 15th St., Apt. #1 Delray Beach, Fl. Pompano Beach, Florida 33061 - ~5-4 General weeds, undergrowth, stagnant water in unkept swimming pool 228D RESOLUTION NO. 56-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT TO FURNISH AND INSTALL 6-FOOT HIGH CHAIN LINK FENCE AT TEEN TOWN RECREATION CENTER PICNIC AREA AS SHOWN ON THE MASTER PLAN OF TEEN TOWN PARK LOCATED AT N.W. 13TH AVENUE AND N.W. 2ND STREET, CITY OF DELRAY BEACH, FLORIDA, PRE- PARED BY THE CHARLES M. GRAVES ORGANIZATION, PARKS AND RECREATION SPECIALISTS - CONSULTANTS, ATLANTA, GEORGIA - DRAWING DATED MAY, 1973. WHEREAS, it is the recommendation of the City Manager that the Council, acting by authority of provisions of Section 78 of the City's Charter, award a contract to furnish and install 6-foot high chain link fence at the Teen Town Recreation Center Picnic Area, as shown on the Master Plan of Teen Town Park located at N.W. 13th Avenue and N.W. 2nd Street, City of Delray Beach, Florida, prepared by the Charles M. Graves Organization, Parks and Recreation Specialists - Consultants, Atlanta Georgia - Drawing dated May, 1973; and, WHEREAS, of the three quotations requested, three were submitted in the amounts of: Company Amount Completed In Budget Fence Company $3,230.00 4 days West Palm Beach, Fla. Delray F~ncc Company $3,243.34 15 " Delray Beach, Fla. Frank English $4,296.00 21 " Fence Contractor Delray Beach, Fla. WHEREAS, the City Engineering Office certifies the quoted prices to be reasonable and the City Manager recommends that the City of Delray Beach enter into a contract with Budget Fence Company, West Palm Beach, Florida, to furnish and install 6-foot high chain link fence at the Teen Town Recreation Center Picnic Area, as shown on the Master Plan of Teen Town Park located at N.W. 13th Avenue and N.W. 2nd Street, City of Delray Beach, Florida, prepared by the Charles M. Graves Organization, Parks and Recreation Specialists - Consultants, Atlanta, Georgia - Drawing dated May, 1973, which company submitted the lowest quotation in the amount of $3,230.00; and, WHEREAS, it is the Council's opinion that the award of this con- tract would be in the best interest of the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That said contract to furnish and install 6-foot high chain link fence at the Teen Town Recreation Center Picnic Area as shown on the Master Plan of Teen Town Park located at N.W. 13th Avenue and 2nd Street, City of Delray Beach, Florida, prepared by the Charles M. Graves Organization, Parks and Recreation Specialists - Consultants, Atlanta, Georgia - Drawing dated May, 1973, be awarded to Budget Fence Company, West Palm Beach, Florida, in the amount of $3 230.00. 228E SECTION 2. That this improvement shall be funded with money from the Federal Revenue Sharing Fund. PASSED AND ADOPTED in regular session on this 8th day of December , 1975. ATTEST: City Clerk - 2 - Reso. No. 56-75 228F ORDINANCE NO. 51-75. AN ORDINANCE OF TIlE CITY COUNCIL OF TIIE CITY OF ])ELP~Y BEACII, FLORIDA, REPEALING CILAPTER 3 "ADVERTISIL~G'' AND ~UBSPI1UIING IN ITS PLACE THIS Ct-IAPTER 3 RELATING TO SIGNS AND ADVERTIS- IN(-], REQUIRING PERMITS AND PAYMENT OF PERMIT FEES FOR ERECTING A SIGN OR SIGN STRUCTURE, REQUIRING LABELING OF SIGNS, PROVIDING FOR PER- MITT]']D AND PROItIBITED SIGNS IN TIIE VARIOUS ZONING DISTRICTS OF THE CITY, PROVIDING FOR AESTIIETIC REGULATION OF SIGNS, REMOVAL OF SIGNS UNDER CERTAIN CIRCUMSTANCES AND PROVIDING A PENALTY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 3 "Advertising" of the Code of Ordinances of the City of Delray Beach, Florida, be repealed, and Chapter 3 "Signs and Billboards" be enacted. "SECTION 2. SHORT TITLE. The Shortform by which this Chapter shall be known shall be "TILE DELRAY BEACH SIGN ORDINANCE". SECTION 3. PURPOSE. It shall be the purpose of this chapter to promote the aesthe- tics, safety, health, morals and general welfare and the assurance of protection of adequate light and air within said City by regulation of the posting, displaying, erection, use and maintenance of signs. SECTION 4. CONSTRUCTION OF LANGUAGE AND DEFINITIONS. Al LANGUAGE. (1) The word SHALL is always mandatory. The word MAY is. permissive. (2) The word INCLUDES shall ~ot limit a term to the speci- fied examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. (3) The phrase used for includes arranged for, designed for, maintained for or occupied for. (4) The word ~_r~son includes an individual, a corporation, a partnership, an incorporated association, or any , other similar ehtity. (5) A buildJ, n5 or structure includes any part attached there.- to. B. DEFINITIONS. Certain words and terms in this Ordinance are defined for the purpose thereof as follows: 228G (1) Abandoned Siq.q: A sign is considered abandoned if, a business advertised on that sign is no longer licensed, no longer has a Certificate of Occupancy, or is no longer doing business at that location. (2) Advertisi__ng S~g~_: A sign directing attention to a business, commodity, service, or entertainment con- ducted, sold, or offered. (3) AdvertJ. sing Structure: Any structure erected for advertising purposes, with or without any advertisement display thereon, situated upon or attached to real property, upon which any poster, bill, printing, paintr ing, device or other advertisement may be placed, posted, painted, tacked, nailed, or otherwise fastened, affixed, or displayed PROVIDED, HOWEVER, that said term shall not include buildings. (4) Banner: A sign having the characters, letter, illus- trations, or ornamentations applied to cloth, paper or fabric of any kind with only such material for a backing. Banner shall include any animated and/or fluttering devices designed to attract attention. SHALL NOT include flags of Federal, State, County or City origin. (5) Billboards: A sign structure, including building, for any sign advertising an establishment, merchandise, service, or entertainment, which is sold, produced, manufactured, and/or furnished at a place other than on the property on which said sign is located. Bill- boards are prohibited in the City. (6) Building Sign: A sign erected and maintained on pre- mJ. ses undergoing construction, by the architect, con- , f .... n~l institution and/or tractor, subcontractor ~ ~'al materialman upon which property such person is fur- nishing labor, material or services· · (7) Building Official: The officer or other person charged with the administration and enforcement of this ordi- nance or his duly authorized representative. (8) Bulletin Board: A sign of permanent character, but With removable letters, words, or numerals, indicating the names or persons associated with, or events con- ducted upon, or products or services offered upon, the premises upon which such a sign is maintained. (9) Canopy Sign, under: A sign supported by a canopy hang- ing beneath the canopy and in all cases mounted perpen- dicular to the building. These types of signs are prohibited in the City. (10) City: Unless the context clearly discloses a contrary intent, the word "City" shall mean the City of Delray Beach. (11) Combustible Sign: Any sign or sign structure which shall ignite or.support flames and which has a low · flame point· Prime examples of combus[ible signs would be wood, non U.L.-approved plastics, cloths, etc. (12) Directional Siqn: (a) On premise incidental signs designated to guide or direct pedestrians or vehicular traffic. (b) Signs erected or permitted by the City, Palm Beach County, ..,tare of ].orida, or the United States Government or agency thereof for the direction or safety of the public. Ord. No. 5].-75. (C) A sign, notice or symbol as to the time and pi. ace of regular civic meetings'and religious activities and services. (13) Double-Faced Sign: A sign with two faces which are usually, but not necessarily, parallel. (14) Electrical Sign: A sign or sign structure in which in- tegral electric wiring, connections and/or fixtures are used as part of the sign proper. (15) Entrance Gates: An identification structure located along the main access to a City-approved subdivision or development and necessary directional signs. (16) Facade: That portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation· (17) Fixed Projection Sign: A sign, other than a flat sign, which extends outward from the facade of any building and is rigidly affixed thereto. Flat signs are pro- hibited in the City. (18) Flat Sign: A sign erected parallel to and extending from the facade of any building. (19) Free Standing Sign: A detached sign which shall include any signs supported by uprights or braces placed upon or in or supported by the ground and not attached to any building. .(20) Ground Sign: See FREE STANDING SIGN. (21) Home Occupation Nameplate or Sign: A sign not more than one (1) square foot in area· (22) 'Identification Sign: A sign, other than a bulletin board sign, or nameplate sign, indicating the name of the primary use, the name or address of a building, or the name of the management thereof. (23) Illuminated Sign: A sign in which a source of light 'is used in order to make the message readable and shall include internally and externally lighted signs. (24) 'Inspector: A city employee working as an inspector under the authority and direction of the City Building Official. (25) Instructional Sign: A sign conveying instructions with ' respect to the premises on which it is maintained, such as the entrance or exit of a parking area, a no tres- passing sign, a danger sign, and similar .signs. (26) Non-Conforming Sign: A sign or advertising structure ~Xist'i~g within the incorporated area on the effective. date of this ordinance which, by its height, square foot area, location, use or structural suppert does not con- form to the req6irements of this Code shall hereafter · be termed non-conforming. (27) OFF Premise Si.q~qn: A sign, including building signs, advertising, an establishment, merchandise, service, or entertainment, which is sold, produced, manufactured, and/or furnished at a place other than the property on which said sign is located. These. types of signs are prohibitcd in th(? City. -3- Ord. No. 51-75. 228-I (28) ON ]?remis('~ Sign: A sign whJ. ch carries only advertising strict].y incidental to the lawful use of the premise on which it is located, including signs or sign devices indicating the business transacted, services rendered, goods sold or produced on the premises, name of the business, name of the person, firm or corporation occupying the premises. (29) ~ainte__d Wall Siqn: A sign painted on any outside wall or roof or on glass of any building. (30) Parapet: A false front or wall extension above the roof line. (31) Perimeter: The whole outer boundary of any structure designated as a sign. (32) Person: Shall include an individual, partnership, association, corporation or any combination thereof. (33) Pole or Ground Siqn: See FREE STANDING SIGN. (34) Political Siqn: A sign erected by a political can- didate, group or agent thereof for political purposes. (35) Premises: The real property which is involved by the sign or signs mentioned in this ordinance. (36) Real Estate Sign: Shall mean any sign erected by an owner or his agent, advertising the real property upon which the sign is located a~ for rent or sale. (37) Real Property: The portion of land and/or buildings contained in a legal description setting forth the boundaries cf such property and legally acknowledged under the laws of the State of Florida and Palm Beach County. (38) Recreational Facility: Any building or structure de- signated'for recreational purposes such as games, sports, etc., and including any adjacent property included for such use. (39)Roof Sign: A sign erected upon or above a roof or parapet wall of a building. (40) ~hopping Center: A group of retail stores or service establishments or any other business, planned to serve a community, neighborhood, or other population group not necessarily owned by one party nor by a single land ownership, which.are adjacent to and which utilize a ~ common parking area or common parking areas. (41) Sidewalk or Sandwich Sign: A movable sign not secured or attached to the ground. These types of signs are prohibited in the City. (42) sign: A device or representation for visual communica- tion that is used for the purpose of bringing the subject thereof to the attention of others. I~3) S.~, Area of: The square foot area enclosed by the perimeter of the sign sections with each face contributing to the aggregate area, provided, however, that concerning painted wall signs or flat signs, which composed of letters only (whether script or printed letters), sign area is the sum of the areas of the smallest contiguous rectangles containing a continuous line or lines of advertising matter. -4- Ord. No. 51-75.. ~2~8J (44) S]_~._n' Face: The part of the sign that is or can be used for advertising purpose. (45) Sig. n Contractor: Person, firm or corporation licensed to erect any type sign structure regardless of size and complexity, but shall not be allowed to install any electrical work in connection therewith. (See definition herein). (46) ~.ign Structure: Any structure which supports or is capable of supporting any sign as defined in this Code. A sign structure may be a single pole and may or may not be an integral part of a building. (47) pnipe .Si.gn: A sign o~ a temporary nature which is mounted to trees, poles, fences, stakes, or other ob- jects, and which advertises or displays matter not applicable to the present use of the premises on which the sign is located. These types of signs are prohibited in the City. (48) ~wing~ing Projecting sign: A sign projecting from the outside wall or walls of any building which is hung from one rigid support, irrespective of the number of guy wires used in connection therewith. These types of signs are prohibited in the City. (49) ~emporary Building Sign: A sign jointly erected and maintained on premises undergoing construction by an architect, contractor, subcontractor, and/or materia~ man. ~ (50) Vehicular Sign: A sign or sign structure attached or " affixed in any manner in or to any wheeled vehicle for the purpose of advertising that business to which the sign refers, excluding, however, signs which are painted upon or magnetically affixed to a vehicle which is regularly used as such in the normal course of the business advertised or which may be required by law, · and further excluding such signs attached or affixed to public transportation vehicles for business adver- tising purposes when such vehicles belong to a duly licensed public transportation company. SECTION 5. PERMITS REQUIRED. It 'shall be unlawful for any person to post, display, change or erect a sign or a sign structure within the City without first having ob- tained a permit therefor, in accordance with'the Chapter, provided however, that those signs erected prior to the enactment of this Chapter shall be allowed to remain in accordance with the time limitation and structure requirements set forth herein. No sign or sign structure, previously so arected, shall come under the provisions of this section providing a valid )ermit for same was issued and in effect at the time of erection. Signs ~r sign structures previously erected without a valid permit shall be termed .n violation and it shall be mandatory to obtain a permit, based on this 2hapter, or else remove such sign or sign structure. The following signs shall not require permits: (a) Real estate signs coflforming to the requirements set forth in Section 15 (A) (1). SECTION 6. PERMIT: APPLICATIONS. All applications for sign or sign structure permits required in Section 5 shall be filed by the prospective sign or sign structure owner, or his agent in the office of the bull. ding official, upon forms furnished by the building official. Said application shall describe and set forth the following: , Ord. No. 51-75. 228K (a) Tho type of sign or sign structure as defined in this Chapter. (b) The value of the sign or sign structure, including instal- lation cost. (c) The street a~!dress of tile property upon which said sign or sign structure is to be located and the proposed location of said sign or sign structure on said property. In the absence of a street address a method of loca'aion acceptable to the Chief Building Inspector shall be used. (d) The square foot area per sign face and the aggregate square foot area of the sign or sign structure. (e) The name and address of the owner or other person in control- or possession of the real property upon which said sign or sign structure is to be located. (f) Written consent of the owner, or his agent, granting per- mission for the construction, operation, maintenance, or displaying of such sign or sign. structure. (g) A sketch, blueprint, blue line print, or similar presenta- tion showing all pertinent structural details, wind pressure requirements, and materials to be used in accordance with the requirements of this Chapter. The seal of a Florida registered engineer or architect shall be affixed to drawings of signs or sign structures which have an area exceeding thirty-two (32) square feet certifying that such signs are designed to withstand fifty (50~) pound wind loading. SECTION 7. PERMITS - FEES. (a) .......... Te shall h~ unlawful for any pe~s~., to post, dJ. sp~a~_ : or erect within the City a sign or sign structure unless otherwise excluded by the terms of this ordinance without first having paid a 'permit fee unto the City at the office of the building official as follows: (1) Neon and Electric Signs: 15 square feet or fraction thereof ........... $6.'00 Over 15 square feet to 30 square feet ........ 9.00 Over 30 square feet to 45 square feet ........ 12.00 Over 45 square feet to 60 square feet ........ 20.00 Over 60 square feet ........................... 30.00 Vertical signs with ladder .................... 50.00 · (2') Non-Electric Detachable Signs: First 6 square feet or fraction thereof ....... 2.00 Over 6 square feet and up to and including 12 square feet ................. . ........... 4.00 Over 12 square feet and up to and including 20 square feet ............................ 6.00 Each additional square foot or fraction thereof, per square foot ................... 2~ (3) Marque. ~ S~.~ns: Per lineal foe% ................................ 40 Minimum Fee ................................... 6.00 (4)Neon Display and Outline Lighting Including Transformers: Up to and including three transformers ........ 6.00 Each additional transformer ' 2 00 (5) Painted Wall Signs on Bui].dinqs:~ tip to and inc].ud.J, ng 100 squ~]re feet ........... 3.00 ].]ach addJ. tional ].00 :~quare feet, or fraction tl~¢?re.o f ...................... .. ........... 3.00 -6- Ord. No. 51-75. ' 228L (6) Signs not covered by the foregoing Section 7, subsection (a), (1) through (5): First 6 square feet or fraction thereof ....... $2.00 Over 6 square feet and up to and including 12 square feet ............................ 4.00 Over ].2 square feet and up to and including 20 square f~et ............................ 6.00 Each additional square foot or fraction thereof, per square foot ................... 25 SECTION 8. PERMITS - ISSUANCE. Provided the provisions of this Chapter have first been complied with, and the signs or advertising structures do not violate any of the terms, conditions, or provisions of this Chapter, or of any other law ordinance, the Building Official shall issue a permit for such sign oX advertising structure, retaining a copy thereof for his records. Permits shall be numbered and shall disclose: (a) The type of sign as defined in this Chapter. (b) The street address of the property upon which said sign is proposed to be located and the proposed location of the sign on said property. In the absence of a street 'address, a method of location acceptable to the building official shall be used. (c) The name of the sign contractor who shall erect the structure. (d) The amount of the fee paid for such permit. (e) The date of issuance. SECTION 9. BOND OR PUBLIC LIABILITY INSURANCE REQUIRED. It shall be unlawful for any person to engage in the business of signs or outdoor advertising, or in the businesses of erecting or main- taining signs within the City, unless and until such p~rson shall have filed with the building department a bond or certificate of public liability and property damage insurance policy acceptable to the City, executed by a .company authorized to do business in the State of Florida, in a sum not less than one hundred thousand dollars ($100,000..00) for injury to one person, not less than three hundred thousand dollars ($300,000.00) for injury to more than one person, and twenty-five thousand dollars ($25,000.00) for damage to property. SECTION 10. OCCUPATIONAL LICENSE REQUIRED. A person shall not engage in the business of erecting or main- raining signs within the City without having first procured a license for such business in accordance with the requirements of Chapter 1.6 of the City's license ordinance now in fo~ce and effect or as hereafter amended or supp'lcmented. SECTION ].1. OCCUPATIONAL LICENSE PREREQUISITE TO ISSUANCE OF PERMIT. (a) No permit for erection, constr~ction, installation or main- tenance of any sign shall be issued unless such person shall have first procured from the City an occupational license to engage in such business excop~ that this shall not be construed to prevent an owner or lessee of property from constructing and erecting a non-illuminated sign, non-electrical. sign, or sign s~ructuro on said property advertising the main use and one accessory use of said premises. --7-- Ord. No. 51-75. l 228M SECTION 12. LABELS REQUIRED ON SIGNS, ETC. With each permit, the Chief BuildJ. ng Inspector shall issue one label or marker bearing the same number as the permit with which it is issued. It shall be the duty of the permittee, or his agent, to affix such label or marker to the sign or advertising structure in the lower right hand of one square foot arch and so it can be easily seen on a double-faced sign, the label may be placed on either side of the sign so. long as it is easily yisible. The absence of a proper label or marker on a sign or advertising structure shall be prima facie evidence that the same has been or is being erected or operated in violation of the provi- sions of this Chapter SECTION 13. CERTAIN SIGNS OR SIGN STRUCTURES PROHIBITED. From and after the effective date of this chapter, it shall be unlawful for any person to erect, place or use within the City: (a) Swinging Projecting signs. (b) Off-premises signs, except those signs erected by a char- itable organization which do not exceed ten (10) square feet which must be approved by building department. (c) Snipe signs. (d) Sidewalk and sandwich signs. (e) Temporary political signs. (f) Roof signs except an aviation directional sign. (g) A banner sign except for two flag banners per model home or model apartment at time the model home or model apart- ment is open for inspection and except the flying of the one national, one state, and one city flag and service and civic clubs and organization signs and banners during day of meeting. Flag banners for model homes or model apartment :' units shall be limited to an area of fifteen (15) square feet per flag. (h) Billboards. (i) A sign which involves motion or rotation of any part of ~.... .~ ....:~. the structure or display or a'sign containing intermittent · " ' · lights o~ animation except a time and temperature unit, or . .. a traveling message sign which is a part of a sign per- mitted in business a~d commercial districts, such part of ~ . the sign permitted shall not exceed t~enty-five (25) square _ feet in area. (j) An advertising sign placed on the side or rear of any building or property facing on a contiguous residential areg if more than seventy-two (72) square inches nor six (6) feet in height from ground level. (k) Signs placed on the.side or rear of a building and primarily · used for identification purposes, when such building is contiguous to residential property, if more than seventy- two (72) square feet in area. Such signs may be placed above doorways. Ord. No. 51-75. (1) Circulars, throwaways, handbills and vehicular signs as 228N set forth under Section 4. This prohibition, however, shall not be construed to prevent the distribution on a regular weekly, bi-weekly or monthly basis of unsolicited advertising and/or news dissemination by a business duly licensed witt~in the City to engage in such distribution · and/or dissemination. · ~m) Electrical signs of a commercial nature in residential districts except that in a subdivision development, where models are being demonstrated, an illuminated sign, meeting the other requirements of this ordinance, may be used pro- ~vided no illumination is shown between the hours of 9:00 P.M. and 7:00 A.M. the following day. Any other type or kind of signs ~;hich do not comply with the. .terms, conditions and provisions contained in this Chapter. {o) Signs or other advertising matter as regulated by this Code erected at the intersection of any streets or in any street right-of-way in such a manner as to obstruct free and clear vision; or at any location where, by reason of ~%he position, shape, or color, it may interfere with, ob- struct the view of, or be confused with any authorized traffic sign, signal, or device; or which makes use of · ~words "stop", "look", "drive-in", "danger", or any othe~ ~word, phrase, symbol, or character in such manner as to -interfere with, mislead, or confuse vehicular traffic as -~etermined by Traffic Engineering. ~p) Moving or stationary advertising sign displayed on a vessel plying the waterways. {q) Signs which exhibit thereon any lewd, lascivious, indecent ~r immoral wordings, character, or illustration. Signs which produce noise or sound. Signs which emit smoke, vapor, particles or odor. · ~(t) Signs of any kind which extend into or above or be anchored or placed in any portion of the right-of-way of a City street or sidewalk area~ or used public street or public -sidewalks (except official City, County and State signs). ~SECTION 14. AESTHETIC REGULATION OF SIGNS. (a) The aesthetic quality of a building, or indeed of an entire neighborhood, is materially affected by achieving visual harmony of the -signs on or about a structure as they relate to the architecture of the ~building or the adjacent surroundings. In addition to the mechanical limitations on signs imposed by this sign ordinance, there are certain aesthetic considerations which must.be met and are therefore subject to review by the Community Appearance Board. (1) The scale of the sign must be consistent with the scale of the building on which it is to be placed or painted. (2) The overall effect of the configuration or coloring· of the sign shall not be garish. The colors shall not conflict with other signs already on the building or in the immediate vicinity. SECTION 1~. SIGNS PERMI'~TED AND REGULATED. A. RESIDENTIAL - R-1AAA AND R-1AAAB. (1) A real estate sign shall n6t be permlkted on a plot except for one sign erected by the owner or his exclu- ' sire agent; that if a sign is erected by the exclusive .agent of the owner, prior to it being erected there must be filed with the Building Department a signed copy of the exclusive agency agroement. One additional sign may be added on a plot when the plot borders on a water- way provided that the additional sign shall be placed upon that side of the plot that borders·on said water- ' way. Such real estate signs shall '228-0 not exceed three (3) square feet in area and must be well kept and in good repair. (2) On plots containing permitted non-residential structures or uses, such as a church or school, a flat sign or free standing sign not exceeding twenty (20) square feet in area will be permitted provided no part of such sign J.s closer than ten (10) feet to the property line. Such sign may be illuminated provided abutting residences are shielded from the source of light. Such sign may advertise the main use of the premises only. (3) One temporary sign of not over six (6) square feet in aggregate area with the word OPEN may be used when attached to the existing real estate sign; or where a real estate sign is not Jnstalled on the property, one removable sign of not over twelve (12) square feet in aggregate area with the wo£d OPEN or the words OPEN FOR INSPECTION may be used only when the owner or owner's agent is on the premises. A permit or permit fee shall not be necessary for such removable sign. (4) One name plate sign not exceeding three (3) square feet, of a non-commercial nature, bearing the name and/or street address of the principal occupant. (5) Entrance gates as defined in Section 4 (B)(15). (B) RESIDENTIAL R-lA, R-1AAB & R-1AA. (1) Same as Section 15 (A) (1) (2) (3) (4) & (5). (2) One (1) home occupation sign of not more than one (1) .. square foot in area. (C) RESIDENTIAL RM-6. (1) Same as Section 15 (A) (1) (2) (3) (4) & (.5). (2) One flat sign or one ground sign advertising the main use and not exceeding thirty-six (36) square feet in area per sign face with an aggregate area of seventy- '''' ~ .... two (72) square feet may be placed on the premises. The ground sign may be placed in the required front yard, but no part of such extend closer than ten (10) feet to the public right-of-way line and shall not exceed twelve (12) feet in overall height from the ground and shall not exceed twelve (12) feet in width. (1) Same as Section 15 '(A) (t) (2) (3) '(4) & (5). (2) One fixed projecting sign advertisihg the main use and one fixed projecting sign per accessory use adver- tising said accessory use shall be permitted. The outez edge of the fixed projecting sign and/or the support fez same shall not extend more than three (3) feet beyond the wall of any building nor shall extend above the parapet. The area per sign face shall not exceed thirty (30) square fee~ with an aggregate area of sixty (60) square feet. (E) COMMERCIAL DISTRICTS. (1) Shopping centqrs only. Sh~pping centers shall be per- mitted one main use sign as set forth herein. Each unit of a shopping center shall be allowed one flat sign not to exceed ten per cent (].0%) of such unit front face area and window lettering not to exceed five per cent (5%) of such unit front face area. -10- Ord. No. 51-75. 228P (2) One non-i].luminated real estate sign advertising FOR SALE, FOR RENT, or FOIl LEASE, may be placed on the premises and shall nog exceed thirty-two (32) square fee-t in area. (3) For those signs whose faces are generally perpendicular to the street center line, only one of the following is permitted: (a) One (1) free-standing sign advertising the use of the premises. Such sign shall be predicated on the basis of one-half (%) square foot of advertising area for each lineal foot of main street frontage of the lot provid.ed that no such sign shall exceed one hundred sixty (160) square feet per sign face with a maximum of two faces. Corner locations which front on two mazn gtreets shall be allowed one extra free-standing sign whose face aggregate area shall not exceed fifty (50) square feet. No sign shall be higher than twenty-five (25) feet from the ground nor protrude past the street right-of-way. (b) One fixed projecting sign which advertises the use or uses of the premises provided that the support for same shall not extend more than three (3) feet beyond the wall nor shall it extend above the parapet of any building. The maximum area of such sign shall be thirty (30) square feet. (4)For those signs whose faces~are generally parallel to the street centerline: (a) A free-standing sign as described in (3)(a) above. (b) A fixed projecting sign as described in (3)(b) above. · (c) One flat sign or painted wall sign shall be permitted on each side of a building bordering upon a street, alley, or public thoroughfare (unless otherwise prohibited) advertising the main occupation or business use provided that the total aggregate area of each such sign shall not exceed fifteen (15) per cent of the building face area of the wall upon which the sign is placed. Signs painted on glass shall be included in the aggregate area. (F) INDUSTRIAL DISTRICTS. ~ ~'1) "Ohe 'real estate sign advertising FOR SALE, FOR RENT ,'.- .. '. .... or FOR LEASE may be erected provided such sign does not exceed thirty-two (32) square feet in area. (2) One flat sign or painted wall sign advertising the main occupation or business use shall be allowed provided that the total aggregate area of such sign or signs shall not exceed twenty (20) per cent of the building.. face area of the wall which abuts the main street. Signs painted on glass shall be included in the aggregate area. In the case of two main business streets, a sign as described above shall be allowed on each street, provided the lot has two hundred (200) feet on each such main street. Or, one fixed projecting sign advertising the mail] use and one fixed projecting sign per accessory use advertising said accessory use shall be permitted. The outer edge of the fixed projecting sign and/or the support for same shall not extend .more tllan three (3) feet beyond the wall of any building nor shall it extend above the parapet. The area per sign shall, not exceed forty (40) square feet. -ll- Ord. No. 5].-75. 228Q (3) One free-standing sign advertising the main use of the premi:.;es ~:~s described in S¢;ctJon ].5 (E) (3) (a). Ident:if[cation signs shall be permitted on the rear wall of business establishments provided they are limited to ten (10) square feet and provided that the rear of the property is not contiguous to Residential zoning districts. SECTION 16.- SPECIAL SIGNS. (a) Subdivision signs. Areas under development including shopping c~'nt'er~'~ co°Perativ'e apartments, condominiums, and extensive platted or unplatted land shall be permitted two (2) signs not to exceed a combined aggregate area of two hundred fifty (250) square feet in area. Said signs shall be located in accordance with ~he requirements contained in the sectio~ of - this Chapter relating to the specific zoned area. Permits for said signs will be granted in accordance with Section 8 and shall be limited to the time development is completed, terminated or abandoned. (b) Building Signs. One non-illuminated building sign may be permitted to be erected on the premises or attached to a tool house on the premises subject to the following condi- tions: (1) Such signs shall not exceed thirty-two (32) square feet per sign. , (2) Such sign or signs shall not be erected more than fifteen (15) days'prior to ~ctually commencing con- struction and must be removed when building or project is completed; provided, however, if such sign be erected as permitted thereunder and construction is not com- menced within thirty (30) days after permit is issued, or if such ccnstruction is substantially abandoned for ninety (90) days as evidenced by a lack of inspections and/or other pertinent conditions, such sign shall be immediately removed, upon notification, by the owner or lessee of the premises. (3) Said signs shall be located on the premises being developed and shall be located in accordance with the requirements contained in the section of this Chapter relating to the specific zoned areas. (c) Civic and Church Signs. The City Council may erect or approve and permit to be erected, entrance signs at or near the city limits for the benefit of visitors, on which may · '"'-'be listed institutional names, churches and points of in- 'terest. Civic organizations and churches may be permitted .... " 'to place their insignias thereon. (d) Directional Siqns. (1) (a) General directional signs limited to six (6) per civic organization, church or recreational facility, and limited to 8 inches by' 30 inches per sign and located at street intersections or other locations for the convenience of the traveling public, may be permitted.in City right-of-way when approved by the public works department, police department and building department. The owner shall have the sign made at the owner's expense but according to the specifications of the City. Said signs shall be placed by the responsible governmehtal body at the expense of the owner and when sign is in public right-of-way it shall be placed on opposite corners from street signs. (1) (b) No more than six (6) signs on one pole shall be permitted at any street intersection. -].2- Ord. No. 51-75. .................... 228R (2) Special event, recreational or expo~;ition directional signs of a temporary nature, which are of general benefit to the community and wl]ic]~ are approw3d by the City Council, may be permitted. Said signs shall be located at specified points for the convenience of the traveling public, and shall be limited to four (4) square feet per sign. Such signs shall be removed by person or agent responsible for such Sign within three (3) days after the event. (3) Parking area signs may be erected at each point of in- gress and egress to a parking lot or parking area, and such signs shall not exceed four (4) square feet in area nor extend to a greater height than five (5) feet above the ground, and shall be erected within the park- ing area. Only one such s~.gn shall be allowed at each point of ingress and egres3, provided such signs de not create a traffic or pedestrian hazard. (4) Street Signs. A subdivision name sign may be placed on a city street post by city personnel provided it is requested through the public works department and paid for by the party requesting said sign. This sign shall be identical to the street sign as to color, size and shape. (5) Directory Sign. A directory consisting of signs each having an area of seventy-two (72) square inches (4"x18") per sign and may be attached to a free-standing sign; said directory signs must indicate the organiza- tion or business endeavor in the particular commercial or industrial district. Such signs shall be included in the aggregate area for free-standing signs. (6) Painted window sign. Each main use and each accessory use in commercial or industrial zoning district except for shopping centers may also have one painted sign on windows provided it does ~ot exceed twenty per cent (20%) of the glass area being used and is in accordance with this Chapter. .... .(7) Entrance Siq~. A sign placed on the face of an entrance ..... wall to a subdivision designating said subdivision. Said sign and wall must be approved by the Planning and Zoning Board and Community Appearance Board. (8) Safety and Warning Signs. "No Trespassing", "No Dumping", and similar signs may be erected when approved .... by the building department' and shall not extend more ~'.'?'.~ ~.~" ~".~' than five (5) feet from the ground and such sign shall -. .:.. not exceed three (3) square feet. This shall not be " Construed to include traffic signs and similar sign authorized by any governmental body. SECTION 17. CIRCULARS, THROWAWAYS AND HANDBILLS; DISTRIBUTION PROHIBITED. It shall be unlawful for any person to distribute circulars, throwaways or handbills, or other similar forms of advertising within the City limits. This prohibition, however, shall not be construed to prevent the distribution on a regular weekly, biweekly or monthly basis of un- solicited advertising and/or news dissemination by a business duly licensed within the City to engage in ~ach distribution and/or dissemination. SEmTION 18. CLEARANCE ItEIGIIT. A sign projecting over areas where vehicular, traffic may be re- quired to pass through or b~meath shall be erected to maintain a minimum clearance distance of fourteen and one-half (14%) feet for the free passage of such vehicles. Ord. No. 51-75. 228S LCIION 19 RIGID COH~;'J~'RUCTION. Every sign shall be constructed in such a manner as to with- stand a wind pressure of fifty (50) pounds per square foot. Sign con- tractors or the owner(s) shall submit plans showing location, structural members 'and design calculations for wind loading and for signs thirty-two (32) square feet or over, a certificate sealed by a Florida registered engineer or architect stating that the design will meet the requirements of this code shall be submitted. All sign contractors shall sign a certi- ficate stating wind loading will meet requirements of this Chapter where signs under thirty-two (32) square feet are submitted. SECTION 20. RE-INSPECTION OF SIGNS. The building official shall inspect, or cause to be inspected, signs located within the City as needed for compliance if, in his opinion, such inspection may be required, and upon such inspection, shall require - the owner of any sign found to be defective, neglected, or in unkept condi- tion, or which does not comply with the terms, conditions, and provisions of this Chapter, to be repaired or removed in accordance with the procedure set forth in Sections 24, 25 or 26, as applicable. . SECTION 21. MISLEADING ADVERTISING. (a) It shall be unlawful for a person to display false or mis- leading statements upon signs, or other public places, cal- culated to mislead the public as to anything sold, any services to be performed, or information disseminated. The fact that any such sign or display shall contain words or language sufficient to mislead a reasonable and prudent person in reading same, shal~ be prima facie evidence of a violation of this section by th~ person-displaying such sign, permitting same to be displayed or permitting such .. ~display at their residence, establishment or place of business. (b) When a business or service using any. sign or signs is dis- continued, all signs and sign structures relating to this business or services shall be removed within ten (10) days from the date of discontinuanCe. SECTION 22. NONCONFO~'~ING SIGNS. (a) A sign or'advertising structure existing within the City limits on the effective date of this Chapter which, by its height, square foot area, location, use or structural support does not conform to the requirements of this Chapter shall hereafter be termed nonconforming. (b) All "off-premises" signs are hereby made nonconforming and shall be removed within twelve (12) months after the effective date of passage of this Chapter, except those designated in this Chapter. _ (c) All signs which do not meet fifty (50) pounds per square foot wind loading are hereby declared dangerous nonconfor~i~ signs and shall be removed or made to conform to the re-. quirements of this Chapter within thirty (30) days after notification by the building department. All other non- conforming signs shall be made to conform to the requirements of this Chapter wit%in a period of ten (10) years or else such signs shall be removed at the owner's or lessee's expense. (d) When an owner of real property ~pon which a sign is located that does not meet the provisions of th~s C~de vn].untari].y petitions the City for annexation and the City proceeds to annex said property, a requirement of the annexation is that the owner agrees to and must remove said non-conforming sign prior to the effective date of the annexation ordinance. -14- Ord. No. 51-75. 228T (a) No sign constructed of combustible material shall be attached to any structure or building if such sign has enough area to require a permit. Combustible signs up to fifty (50) square feet in area shall be at least twenty (20) feet from any building or structure. Combustible signs from fifty-one (51) square feet up to one hundred (100) square feet in area shall be at least forth (40) feet from any building or structure. Combustible signs from one hundred one (101) square feet up to one hundred sixty (160) square feet in area shall be at least eighty. (80) feet from any building or ~tructure. (b) No sign shall be constructed or erected in such a manner that it will become a hazard to automotive or pedestrian traffic nor shall any sign or lighting of such sign be so placed as to obstruct the vision of the driver of any motor vehicle where such vision is necessary for safety. (c) No sign shall be placed, constructed or erected in such a manner as to obstruct or block any exit from any building nor shall any sign be so placed as to interfere with light or ventilation to any building or structure. (d) Where any wood or any sign penetrates the ground or is attached in any way to masonry or concrete, said wood shall be of an approved pressure-treated type. All materials used in constructing signs shall be of a type to resist weather exposure~ Any plastic materials used in signs shall be approved by the Underwriters' Laboratory and shall bear this label. Electrical components shall be in accordance wi'hh the Delray Beach Electrical Code and U.L. approved. SECTION 24. PROCEDURE ON VIOLATIONS. " (A) Immediate Removal. In recognition of the fact that there are various types of signs which have a minor monetary value and when balancing this value to the property owner against the burden upon the City in doing title searches to determine the owner, giving notice prior to removal, and providing for a hearing, the City Council has determined that with regard to certain types of signs when a violation of this ordinance exists immediate removal is justified. Further- more, that the providing of such elaborate procedural pre- requisites prior to removal of some types of signs would so impede the process of enforcement of this ordinance to achieve compliance with its terms, that it would defeat the purpose for which it was enacted. Therefore, when the building official finds that a violation of this ordinance is occurring in accordance with the standards set forth herein and the violation involves the type of sign listed below, the building official shall forthwith enter upon the private or public property upon which the sign is maintained and remove it. (1) Types of signs - banner, building sign, sandwich or sidewalk sign, 'snipe, temporary buildin~ sign, real estate signs, instructional sign, political sign, bulletin board of not more than twenty-five (25) square feet, and special event, recreational or ex- position directional signs' of a temporary nature which, by Section 16-2, are required to be removed within three (3) days after the event. (2) Notice after removal - after removal of a sign under this subpart, the building official shall notify the occupant of premises where the sign was located of its removal. Also if the owner of the sign appears from - some identification on the sign itself to be someone -15- Ord. No. 51-75. 228U other than the occupant (e.g., a real estate sign with the broker's name on it) notice shall also be given to that party. The notice shall also provide that the sign may be picked up at the building department within fifteen (15) days after the notice is gJ. ven, and that if this sign is not picked up within this fifteen (15) day period, it will be turned over to the City's public works department for disposal. (3) The notice required by the foregoing paragraph shall be furnished either by mail or by personal delivery to the person, firm or corporation or their agents, as specified above. If notice is given by mail, it shall be sent first class postage prepaid and shall be deemed given, when deposited in the U.S. _ · mails. (B) Removal After Notice and Opportunity for He~ring. When the building official determines, in accordance with the standards set forth herein, that a violation of this ordinance is occurring and it involves a sign other than the type set forth in Section 24(A) (1) above, -the following procedure'shall be followed. (1) Title Search. The building official shall cause a title search to be made of the real property upon which the sign is located. From the title search, it shall be determined who has an interest in such real property and the building official shall cause a certified or registered letter to be sent to all such i~terested parties. In addition, the notice shall be~sent to the current occupant .. of the property. The notice shall contain the following information': · (a) The names and addresses of all persons notified. (b) Legal description and address of the real property on which the sign is located. (c) A description of the sign sufficient to identify it together with a specific statement as to the nature of the violation which shall also state the section of this ordinance pertaining thereto. (d) That twenty (20) days from the date of mailing of the notice shall be allowed for the viola- tion to .be corrected, and the building depart- ment furnished with satisfactory evidence of such correction. If the building department determines after such submission that the " violation no longer exists, a letter will be issued to this effect. (e) That if a letter is not issued, a hearing will be held on (specify date) which will be the next regular City Council meeting or special meeting, if one is called for this purpose, at which all interested parties may participate and must show cause why the building official's determination should not stand and · the City forthwith take action to remedy the violation. (f) I.f corrective action has not been completed as set forth in (d) above, the City Council is authorized to correct the violation, which may include remow~l of the sign and the cost of such corrective action, administrative expense and collection costs, including attorneys' fees, will be assessed against the real property. -16- The costs set forth in paragraph (f) above will become a lien upon the real property ,described in this notice if unpaid in accord- ance with Ordinance No. 51-75. .(2) Duties of the City Council. The City Council .~ shall,when a hearing is scheduled, hear from the .building official and other appropriate members of · .~he City Administration as to: ..~(a) Who are the owners cf the real property upon which the sign is located and what other parties · may have an interest therein as disclosed by 'the title search. .Cb) Proof of notices having been sent to the parties ~specified in (a) above. (c) Whether a letter has been issued by the build- . ing department evidencing that the violation :<or violations which were the subject of the . notices sent as .specified in Sec. 24(B) (1) (d) ..... :above have been corrected.. If not the hearing :' shall proceed. :(d) The nature of the violations, proof that the violations set forth in the notices specified in Sec. 24 (B) (1) above still exist. ~(e) The administration's recommendation for -,corrective action and an estimate of the ~-approximate cost thereof. ~f) Hear from all interested parties other than .the administration. .~{g) Make a finding that the violation or violations .that were set forth in the notice specified in ~-Sec. 24 (B) (1) ~above which also set the .',:~earing date exist or not. .~h) If it is determined that a violation exists, .<the City Council shall direct the City Admin- ....~... istration to take specific affirmative action.'. ~'~ "to correct the violation. The corrective .~action so specified may include removal of · .. ~he sign or such lesser remedies as Council ' --.~.may determine are proper to cure the violation -(e.g. If a permit has not been issued for a sign, Council may direct the Administration to issu~ such a permit, providing the sign meets the criteria set forth in the ordinance, with the costs of such permit and collection costs being charged to the property as set forth below). (3) Liens. The City Administration is directed to keep an accurate record of all expenses incurred in correcting the violations which are required of it by City Council after the correction has been · completed. The Administration shall issue a certi- ficate certifying cost of such work and add thereto a ten percent administrative charge to cover the administrative expenses incurred by the City in overseeing the corrective work performed. The City Manager shall present this certification to Council at a regular meeting Whereupon the city Council shall, by resolution, assess the cost of such corrective work together with the ten percent -17- Ord. No. 51-75. 228W administrative surcharge. Such assessment shall constitute a legal, valid and bindin9 lien upon the real prope~;ty upon which the corrective work was per- formed and legally (]e~cribed in the resolution. This lien, in addition, st~all secure the collection costs includinU attorneys' fees of satisfying this obligation. The lien which is created shall bo effective from and after the date upon which the resolution assessing the cost is recorded in the Public Records of Palm Beach County, Florida. After the foregoing resolution has been passed by City Council, the record title holders shall be given a thirty (30) day notice which shall be sent by certi- fied mail and which from the time of mailing permitting them thirty (30) days in which to pay the above referred- to costs prior to the time that a lien will be re- corded against their property and foreclosed for col- lection. If the real property described in the resolution is owned by more than one person, firm or corporation, or if the real property is subject to differing types of interests such as fee simple title subject to a lease, life estate with a remainder interest and other like interests, the lien described in this ordinance is binding on all such parties and interests and shall be foreclosed against them jointly and severally in the manner in which mortgages are foreclosed under the laws of the State of Florida. (C) In addition to the remedies of removal set forth in (1) and (2) above, when the building official deter- mines that a violation of {his ordinance exists, the violator may be cited for a violation of this ordinance which, upon conviction, shall be deemed a misdemeanor and the violator shall be punished in accordance with Section 176, Code of Ordinances of the City of Delray Beach. Each day such violation exists shall constitute a separate offense. SECTION 25. INTERPRETATION OF APPLICATIONS FOR PERD{ITS. In all applications for permits where a matter of interpretation arises, the most restrictive interpretation against the issuance of the permit shall prevail. SECTION 26. UNSAFE SIGNS. The building official shall have the authority set forth in Section 2301.6 of the Southern Standard Building Code as adopted by Ordi- nance No. 62-74 except that the notice requirements set forth in this ordinance shall control over those set forth in the Southern Standard Building code. The building official shall follow the procedures set forth in this ordinance as they relate to the different types of signs involved as set forth in Section 24 (A) and (B). SECTION 27. EMERGENCY. The decision of the building official shall be final in cases of emerqency which in his opinion involve an emergency dangerous to human life. When he ]]as determined that such. a situation exists with reference to a sign or sign structure, he shall forthwith cause it to b~ made safe or have it removed. In performing his duties under this Section, he is authorized to inunediately enter upon the property where the sign is maintained with such assistance as he deter- mines appropriate and at such ccqt as may be necessary and proper to effectuate ]]is duties hereund~:r. He may order the vacation of adjacent struct~]r~s or pr()perty and may require the protection'of the public by an appropriate fence or other .~]uch means as may be necessary, and .fo].- this purpose, he may clo:;(~. a public o]: private rig~(~-of-way. -].8- · Ord. No. 51-75. 228X SECTION 28. APPLICABILITY OF SOUTItI;:IU'~ STANDA]~D BUILDING CODE. To the extent that this ordinance is inconsistent wit]] the Southern Standard Building Code as adoptcd by the City of Delray Beach, this ordinance shall control. PASSED AND ADOPTED in regular session on second and final reading 'on this the 8th day of December , 1975. ATTEST: Clerk First Reading. ?.~oven~ber 10, 1975 Second. Reading December 8, 1975 -19- Ord. No. 51-75. 228Y UNIMPROVED 2102 NW 2nd Avenue ORDINANCE NO. 52-75 AN ORDINANCE OF TIM CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO TIKE CITY OF DELRAY BEACH LOT 34,LAKE SHORE ESTATES, WHICH I~ND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING TI~ BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, LEWIS W. CURRIER, JR. and MARIE R. CURRIER, his wife, are ~ne fee simple owners of the property hereinafter described; and, WHEREAS, LEWIS W. CURRIER, JR. and MARIE R. CURRIER, his wife, by their petition, have consented and given per.mission for the annexation of said property by the City of Delray Beach; and, . WHEREAS, the city of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: o~ ~ECTION'i. That the City CounciI of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said city the following described tract of land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: " Lot 34, Lake Shore Estates, according to the Plat thereof, as recorded in Plat Book 25, Page 26 of the Public Records of Palm Beach County, Florida. SECTION 2. That the Boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described tract of land and said land is hereby~declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is hereby declared to be in Zoning District R~iAA, as.defined by existing ordinances ~f the City of Delray Beach, Florida. SECTION 4. That the 'land hereinabove described shall immediately ~come subject to all of the franchises, privileges, immunities, debts, oligations, liabilities, ordinances and laws to which lands in the Cit~ of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word', phrase, clause, sentence or part of thiS'ordinance shall be declared illegal by a Court of competent jurisdic- tion, such record of illegality shall in no way affect the remaining portion. ~. PASSED AND ADOPTED in regular session on the second and final reading on the 8th day of Dece~be~.. . ~ 1975. ~ Pir~ RoadJ. ng__Novr~m]~r ].0_~ 1975_____ Second Reading l)~(:,u~l)~l? ti, ].975 228Z ORDINANCE NO. 53-75 AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF DELRAY BEACH, FLORIDA, AMENDING CI{APTER 16 "LICENSES" OF THE CODE OF ORDINANCES BY AMEi~DING, AS AMENDED, SECTION 16.11 PERTAINING TO BUSINESS LICENSE TAX LEVIED ANNUALLY BY THE CITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT PIEREWITH. A~OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 16.11 of the Code of Ordinances of the City of Delray Beach, Florida, be amended to establish the following occupational license fees for the occupations set forth below: (80) Concrete Ready Mix Plant 6~88 50.00 (94) Dental Technician, Laboratory g6r88 50.00 , (119) Food Lockers, Cold Storage ~§~8 50.00 (135) Hospitals, Sanitarium ~8~ 50.00 Section 2. That Section 16.11 of the Code of Ordinances of the City of Delray Beach, Florida, be amended, to add the following classification: Fishing Tackle and/or Gun Repair 25.00 Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. PASSED AND ADOPTED in regular session on second and final reading on this the 8th day of 'Decem~..er . , 1975. '- ~'/ city clerk First Reading Novemb.or 10, 1975. Second Reading. December 8, .1975 . .