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07-08-74 347' JULY 8, 1974 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, july 8, 1974, with Mayor James H. Scheifley presiding and Acting city Manager Thomas Eo Weber, City Attorney G. Robert Fellows, COuncil members Grace S. Krivos, David E. Randolph, J. L. Saunders and Leon M. Weekes present, city Manager Jo Eldon Mariott was absent. The opening prayer was delivered by Dr. Frederic Bush of St. Paul's Episcopal .Church of Delray Beach. 2.. The Pledge of Allegiance to the Flag of the United States of America was given. 3.. ~e minutes of the regular meeting of June 24, 1974, were approved on motion by Mr. Saunders and seconded by Mr. Randolph, said motion passing unanimously. 4.a. Mayor Scheifley expressed Council's sympathy for the death of Mrs. Krivos' mother-in-law and asked Mrs. Krivos to extend their sympathy to the'family. 4.b. Mayor Scheifley read a letter from Mr. Thomas E. Weber, Director of Finance, regarding the beautification of the median strip from the presently landscaped area to Homewood Boulevard on West Atlan- tic Avenue~ ~e estimated cost is $8,800.00, with the Evening Garden Ci~D contributing $3,500'.00 to the project. The Evening Garden Club has deposited $4,500.00 with the City eXceeding their original, offer by $1,000.00. Mayor Scheifley requested a letter be prepared by Mr. Weber for Council's signature thanking the Evening Garden Club for their cooperation and generosity. 5.a. Mrs. Alice Plume, 409 Lake Drive, Delray Beach, secretary of the Delray Beach Housing Authority, spoke from the floor concerning the expiration of the terms of two members', Mr. Ken Ellingsworth and Mr. James Ritterbusch, of the Delray Beach Housing Authority. She requested Council consider the appointment of two members and asked that the extension of the term of Mr. Simon Barnes be considered at the same time. Acting City Manager Weber stated this item would go on the next workshop meeting. 5.b. Mr. Frank F. Ellis, 553 Jaeger Drive, Delray Beach, spoke from the floor concerning the case taken to court regarding building and construction work being done on Sundays. Mayor Scheifley stated that Council would send Mr. Ellis a copy of the letter they received from the judge. Mr. Ellis' purpose was to inform the workers that they are in violation of Ordinance No. 25-72 (amended Chapter 17 by Ordinance No. 19-73) if they work between the hours of 8:00 P.M. Saturday and 8:00 A.M. Monday. Mayor Scheifley suggested Mr. Ellis discuss this matter with, the city Attorney. 5.co Mr. Dean Luce, 36 S. Ocean Boulevard, Delray Beach, spoke from the floor concerning law enforcement of the new anti-noise ordi- nance. A key section of this ordinance (No. 19-73) applies to amplified 348 music, plainly audible fifty feet away from the point of origin, as being prima facia evidence of a violation. Since Ordinance No. 19-73 was passed last August, Mr. Luce stated he had been informed the City has made only two arrests under this section in eleven months, although he felt that arrests would easily be justified on every weekend evening. Mr. Luce read briefly from a copy of a letter sent to him by the City Manager dated July 10~ 1973. A copy was also sent to the Council members and placed in the City Attorney's Police file. Mr. Luce ex- pressed his feeling that many of the officers do not understand the law and its proper interpretation. He spoke with several officers in the beach patrol regarding enforcement of the ordinance and their stated reasons for not acting were as follows: ! - they haVe no power to make an arrest unless a citizen swears out a warrant; 2 - they are aware of the music, but it does not appear to be in violation of the ordinance; and 3 - the officers feel their superiors simply are not concerned with enforcement of this ordinance. Mr. Luce stated that although the Gipper Lounge has been fined $100.00 for disturbance, the situation remains as it has the past two years° He further stated the City Officials have suggested that the property owners seek an in- junction against the Gipper Lounge in the Circuit Court° Several prominent attorneys have recommended seeking a writ of mandamus. Mayor Scheifley requested a report from Mr. Luce to present to the City Administration and Council. 6.a. The Acting City Manager stated the following bids were re, ceived by the City for the purchase of one 1974 truck chassis for use by the Public Utilities Department suitable for the installation of a 1,100 gallon water tank: BIDDER BID Rich Motors, Inc. $7,990.00 West palm Beach Hauser Motor Company 8,778.00 Delray Beach It is recommended the low bid of Rich Motors, Inc., in the amount of $7,990.00, be accepted. Sufficient funds are provided in the budget. Mr. Saunders so moved, seconded by Mr. Weekes, said motion passing unanimously. 8.a. The Acting City Manager presented Ordinance No. 25-74. AN oRDINANCE OF THE CITY COUNCIL OF ~E CiTY OF DELRAY BEACH, FLORIDA, REZONING A~ PLACING APPROXIMATELY 81 ACRES OF LAND LOCATED IN THE NORTH HALF (N%) OF THE SOUTHWEST QUARTER (SW¼) OF SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST, LYING NORTH OF LAKE IDA ROAD BETWEEN BARWICK ROAD AN~ MILITARY TRAIL- IN "RM-6 MULTIPLE FAMILY DWELLING DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". (Copy of Ordinancc No. 25-74 is attached to the official copy of these minutes.) 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. -2- 7-8-74 349 Mrs. Krivos moved for the adoption of Ordinance No. 25-74 on second and final reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes~ Mayor Scheifley - Yes. 8.b. The Acting City Manager presented Ordinance No. 26-74. AN ORDINANCE OF THE CITY CO%rNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING 1.65 ACRES OF LAND LOCATED IN THE EAST HALF (E½) OF TH~ SOUTHEAST QUARTER (SE¼) OF THE NORTHEAST QUARTER (NE~g) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING EAST OF ~ RIGHT-OF-WAY OF STATE ROAD 9 (PROPOSED) IN "LI LIGHT I~DUSTRIAL DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". (Copy of Ordinance No. 26-74 is attached to the official copy of these minutes.) 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. Weekes moved for the adoption of Ordinance No~ 26-74 on second and final reading, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders -Yes; Mr. Weekes -' Yes; Mayor Scheifley -Yes. 8.c. The Acting City Manager presented Ordinance No. 27-74. AN ORDINANCE OF THE CITY COUNCIL OF TEE CITY OF DELRAY BEACH, FLORIDA, ANNEXING PORTIONS OF CERTAIN PUBLIC RIGHTS-OF-WAY KNOWN AS BARWICK ROAD AND WEST ATLANTIC AVENUE BEING IN SECTIONS 13 AND 18, TOWN- SHIP 46 SOUTH, RANGES 42 AN~D 43 EAST, WHICH ARE LOCATED IN THE DELRAY BEACH RESERVE AREA. (Copy of Ordinance No. 27-74 is attached to the official copy of these minutes.) 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. Saunders moved for the adoption of Ordinance No. 27-74 on second and final reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos -Yes; Mr. Randolph- Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.d____~. The Acting City Manager presented Ordinance No. 28-74. AN ORDI~%~NCE OF 'THE CiTY COUNCIL OF THE CITY OF DELRAy BEACH, FLORIDA, AFfl~NDING C~rlAPTER 9 "BUILDING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AMENDED, BY ADDING NEW PROVISION PERTAINING TO TI{E CLEANLINESS OF PROPERTY AND THE PROTECTION OF PROPERTY IN THE EVENT OF HURRICANES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. -3- 7-8-74 350 (Copy of Ordinance No. 28-74 is attached to the official copy of these minutes.) 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. Weekes stated the City Attorney had made some minor changes in the wording of the Ordinance to comply with legal requirements. Mr. Randolph moved for the adoption of Ordinance No. 28-74 on second and final reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos - Yes: Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 9.a. The Acting city Manager stated the Planning and Zoning Board at a meeting held on June 25th recommended by unanimous vote that Council approve the preliminary plat for Phases III and IV of the Country Manors development. This property is located in the SW~ of Section 12, Township 46 South, Range 42 East, at the northwest corner of Lake Ida Road and Barwick Road. Mr. Weber stated the preliminary. plat has been approved by all necessary city departments. Mr. Saunders moved for the approval of the preliminary plat for Phases III and IV of the Country Manors development, seconded by Mrs. Krivos, said motion passing unanimously. 9.b. The' Acting City Manager stated that the Planning and Zoning Board at ~ meeting held on June 18th recommended by unanimous~vote that Council modify the site plan for Pines at Delray. This property is located in the SW~ of Section 19, ToWnship 46 South~ Range 43 East, north of S.W. i2th Street between the E-4 Canal and Homewood Bouievard.~ The 'changes involve minor reorientation of the parking spaces. Mrs. Krivos moved for the modification of the site plan for Pines at Delray, checking to ascertain that it contains the correct legal, Section 19-46-43, seconded by Mr. Weekes, said motion passing unani- mously. 9.c. The Acting City Manager stated that the Planning and Zoning Board at a meeting held on June 18th recommended by unanimous vote that Council approve the site plan for construction of a medical office, subject to the City Engineer's memorandum concerning drainage and the installation of a temporary sewage treatment plant. This pro- perty is located in the east half of Lot 20 and all of Lots 21 and 22, Block 12, Dell Park, on the north side of N.E. 8th Street between N.E. 2nd Avenue and N.E. 3rd Avenue. The applicant is Dr. Peter Wintricho Mr. Weekes moved for the approval of the site plan for construction of a medical office subject to recommendations made by the city Engineer in his memorandum of May 10, 1974, seconded by Mr. Saunders, said motion passing unanimously. 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Saunders and seconded by Mr. Randolph. General Fund $323 295 01 Water and Sewer Fund ........ 2,867.00 Improvement Trust Fund ...... 33,529.60 Federal Reven'ue Sharing ~nd .... 47,497.45 7-8-74 351 10.b.1. Mayor Sckeifley stated there was a difference of opinion between the State Department of Pollution Control in Tallahassee and the Environmental Protection Office in Atlanta concerning the priority list for sewage treatment plants. Black, Crow & Eidsness, Inc., Boca Raton, are the City's consultants on this project. The EPA is ques- tioning the Priority List as prepared by the DPC. On July 9, 1974, representatives from the DPC are going to Atlanta to discuss the Priority List with the EPA. Mr. Dan Mica, Administrative Assistant to Congressman Paul Rogers, stated he was aware of the problem and was considering attending the meeting in Atlanta with the EPA 'and the DPC. He assured Mayor Scheifley that all decisions would be made on the basis of merit and no political pressure would be involved. The request from Pinellas County to be placed on 'the Priority List was denied since the pollution in the St. Pete-Tampa Bay was caused by industrial waste, not domestic sewage. Delray Beach, 27th on the Priority List, will, therefore, remain in that position. Mayor Scheifley stated that three reporters called him today and said that the Boynton City Council had met at 5:00 P.M. on July 8, 1974, and had cancelled their joint meeting with the Delray Beach City Council which was to be held on July 15, 1974. Two representatives from Boynton Beach are to attend the meeting in Atlanta to request that the grant to Delray Beach be held up until Boynton Beach and Delray Beach come to an agreement. No official notice of this action has been furnished Council. Mayor Scheifley stated that the position of Delray Beach is the same as it has been concerning Boynton Beach. Mrs. Krivos asked Mayor Scheifiey whether oY n~t, in his opinion, the representatives from Boynton Beach would hinder the grant scheduled for Delray Beach. He stated this is a possibility. Mayor Scheifley requested Messrs. Weber, DeNeen and Weekes to stay after the meeting to discuss the possibility of Mr. Mariott attending the meeting in Atlanta. Mr. Tom Ingersoll, 1226 East Atlantic Avenue, Delray Beach, spoke from the floor asking'whether or not Boynton Beach has passed a bond issue to finance their portion of this Project. It was stated that Boynton Beach has not taken this action, but that Delray Beach passed a bond issue a year ago. Mayor Scheifley stated that EPA, a Federal agency, granted Florida a given amount of money out of Federal Funds, and then the DPC was given the authority to distribute said funds in the state as they saw fit. Compliance with the Good Faith Act is considered in the formula. Mr. Weekes stated the DPC makes a recommendation subject to ratification by tile EPA. 10.b.2. Mr. Tom IngerSoll commended the City Manager and Council for the experimental well for the municipal pool. He asked if a laboratory report had been received on the sample of well water. Mayor Scheifley asked Mr. Weber to obtain laboratory reports and report back to Council. The meeting was adjourned at 8:20 P.M. Acting City Clerk 'APPROVED: Mk OR 7-8-74 351A ORDINANCE NO. 25-74. AN ORDINANCE OF TI~ Ci~f COUNCIL OF T~~ CITY OF DELRAY BEACH, FLORIDA, REZONING AhqD PLACING APPROXI~LATELY .81 ACRES OF I~.ND LOC~..TED IN THE NORTH P~ALF (N%) OF r£HE SOUTH~qEST QU~.TER (SW¼) OF SECTION 12, TO~%~SHIP 46 SOUTH, F~ANGE 42 EAST, LYING NOR~H OF LAKE IDA ROAD BE55fEEN BARWICK ROAD A~/D MILITARY TRAIL IN "RM-6 _.. MULTIPLE FAMILY D~%qELLING DISTRICT", AND ~MENDING "ZONING .MAP OF DET..w2AY BEACH, FLORIDA, 1972". BE IT ORDAIAVED BY THE CITY COUNCIL OF T~IE CiTY OF DELRAY BEACH, FLORIDA: SECTION 1. That the following described property in .the City of Delray Beach, Florida, is hereby rezoned and placed in "R~1-6 Multiple Family Dwelling District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, t'o-wit: A parcel of land lying in the North Half (N~) of the Southwest Quarter (SW¼) of Section 12, Township 46 South, Range 42 East, less the East 40 feet thereof and less the West 50 feet thereof and less the South 40 ~' ~ ~eeu thereof containing approximately 81 acres, Palm Bec. ch County, Florida. SECTION 2. That the Planning Director of said City shall upon the effective date of this Ordinance change the Zoning Map of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. PASSED ~_ND ADOPTED in regular session on the second and final reading on this the ~ day of 3~-~' ~, 1974. CC~,-.,', c~ t'y' 'C'lerk '- 'J''/'~' "- ' Second Reading 351B ORDINANCE NO. '26-74. AN ORDINANCE OF THE CITY' COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING 1.65 ACRES OF LAND LOCATED IN 5Wz!E EAST HALF (E~) OF THE SOUTHEAST QUARTER (SE¼) OF THE NORTHEAST QUARTER (NE¼) OF SECTION 19, TOWNSHIP 46 SOU~H, RANGE 43 EAST, LYING EAST OF THE RIGHT-OF-WAY OF STATE ROAD 9 (PROPOSED) IN "LI LIGHT INDUSTRIAL DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". ~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and piaced in "LI Light Industrial District" as defined by Chapter 29 of the Code of Ordi- nances of the City of Delray Beach, Florida, to-wit: The East half (E~) of the Southeast Quarter~ (SE¼) of the Northeast Quarter (NEt), lying east of the right-of-way of State Road 9 (proposed) in Section 19, Township 46 South, Range 43 East, .less the South 790 feet and !es~ the ERst 25 feet thereof~ ~ less that portion thereof condemned by the Divi- sion of Administration, State of Florida, Department of Transportation, for the rightc of-way of 1-95 and described as Parcel ~ 140 in that certain Final Judgment heretofore pending in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. Containing approximately 1.65 acres more or less. SECTION 2. That the Planning Director of said City shall upon the effective date of this Ordinance change the Zoning Map of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. PASSED AND ADOPTED in regular session on the second and final reading on this the ~N day of .... J ~ ~ , 1974. MAYOR ~' ATTEST: .- City Clerk First Reading ,jU['~ ! 0i9> 4 Second Reading ' ~'-- ~.~. i ...... 351C ORDINANCE NO. 27-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELP~AY BEACH, FLORIDA, ANNEXING PORTIONS OF CERTAIN PUBLIC RIGHTS-OF-WAY KNO~N AS BARWICK ROAD AND WEST ATLANTIC AVENUE BEING IN SECTIONS 13 AND 18, TOWN- SHIP 46 SOUTH, RANGES 42 AI~'D 43 EAST, WHICH ARE LOCATED IN THE DELRAY BEACH RESERVE AREA. WHEREAS, the City Council of the City of Delray Beach, Florida, has previously been authorized to annex real properties that are public or·quasi-public which are not subject to ad valorem taxation; and, WHEREAS, the City Council of the City of Delray Beach deems it to be in the best interest of the City to annex certain contiguous road rights-of-way for the purpose of traffic control on public streets and making land contiguous in the City .limits, · NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The City Council of the City of Delray Beach hereby annexes the following described rights-of-way to said CitY: ~-~ _Dortlon of ~.~w~c~' ~ Road beginning at the southernmost point of High Point Subdivision and extending southerly to West Atlantic Avenue, being in the Southeast Quarter of Section 13, Township 46 South, Range 42 East; and That portion of West Atlantic Avenue beginning at the intersecting point of Barwick Road and extending easterly to the Lake Worth Drainage District E-4 Canal, being in the Southeast Quarter of Section 13, Township 46 South, Range 42 East, and the Southwest Quarter of · Section 18, Township 46 South, Range 43 East. SECTION 2. The corporate limits of this City are hereby amend- - ed to include the aforedescribed properties. PASSED AND ADOPTED in regular session on the second and final reading on the ~# day of 3 ~ ~ ~ , 1974. ATTEST: ~/ Acting City Clerk First Reading uUi"~ i ~,' Second Reading. 351D ORDINANCE NO. 28-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AMENDED, BY ADDING NEW PROVISION PERTAINING TO THE CLEAN- LINESS OF PROPERTY AND THE PROTECTION OF PROPERTY IN THE EVENT OF HURRICANES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. WHEREAS, the City of Delray Beach is subject to hurricanes at any time of the year; .and WHEREAS, there is needed an ordinance for protecting the inhabi- .tants and property of the City of Delray Beach from objects subject to being blown through the air or damaged by the winds accompanying a bur- r icane, NOW, THEREFORE, BE IT. ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 9 "Building Code" of the Code of Ordi- nances of the City of Delray Beach, as amended, be further amended by adding the following section: "Section 9-3. Maintenance of Buildings and Property. (a) BUILDINGS (1) The requirements contained in this Code, covering the maintenance of buildings, shall apply to all buildings and/or structUres now existing or hereafter erected. All buildings and/or structures and all parts thereof shall be maintained in a safe condition, and all de- vices or safeguards which are required by this Code shall 'be maintained in good-working order. (2) This Sub-section shall not be construed as permitting the removal or non-maintenance of any existing devices or .safeguards un- less authorized by the Building Official. (3) Debris for the purpose of this section is defined as follows: remains of anything broken-d, own or destroyed, ruins, fragments, rubbish, trash, waste material, litter, and rubble. (B) PROPERTY No debris of any kind shall remain on any lot or on a side- w~lk or street contiguous t~ereto, resulting from a fire, windstorm or from demolition or partial uemolition of any building; nor shall any equipment, excess building materials, storage sheds or debris remain upon any such lot, sidewalk or street, upon completion of any new build- ing upon such lot; nor shall any equipment, materials, toolshed or debris be stored on any vacant or partially vacant lot, except as provided for in the Zoning Ordinances. It is hereby made the duty of the owner or his agent to remove or cause to be removed from such sidewalk, street and/or lot all such equipn]ent, materials, too!sheds and debris within five days after written notice by the Building Official. For failure to comply with such notice after such period of five days, the owner and/or per- mit holder is subject to the penalties specified herein, the Certificate of Occupancy for the structure or structures may be revoked and the Building Official shall have the work done and public property restored and shall notify the legal authority, who shall institute the necessary action to have the costs placed as a lien against the property. (C) HURRICANE PRECAUTIONS During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the owner, occupant or user of a property shall take precaution for the securing of buildings and equipment. Canvas awnings and swing signs shall be lashed to rigid construction, tents shall be taken down and stored or lashed to the ground, and such other preCautions shall be taken for the securing of buildings or structures or material or equipment as may be reasonably required. (D) SPECIAL HURRICANE PRECAUTIONS During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, all con- struction materials or equipment shall be secured against displacement by wind forces; provided that where a full complement of personnel is employed or otherwise in attendance, or engaged for such protection purposes, normal construction procedures or uses of materials or equip- ment may continue allowing such reasonable time as may be necessary to secure such materials or equipment before winds of hurricane force are anticipated. Construction materials and equipment shall be secured by guying and shoring, by tying down loose materials, equipment and con- struction sheds. (E) SPECIAL HURRICANE INSPECTIONS (1) During such periods of time as are designated by the United States Weather Bureau as being a hurricane~alert, all furniture, display racks, material and similar loose objects in exposed outdoor locations, shall be lashed to rigid construction or stored'in buildings? Orders shall be oral or written and shall be given to any perSon on the premises most logically responsible for maintenance and such orders shall be carried out before winds of hurricane velocity are anticipated. (2) After winds of hurricane velocity are experienced and have subsided, the Building Official shall investigate to determine if damage has occurred to buildings or other structures. (3) No building or other structure or.assembly or part thereof, which was damaged or col!asped or out of plumb or line shall be repaired or altered or Otherwise returned to its original position without inspection and approval by the Building Official." SF. CTION 2. That all ordinances or parts of ordinances in con- flict herewith be and the same are hereby repealed. SECTION 3. That any person who violates the pro~,isions of Sec- tion 1 above, shall, upon conviction, be punished as provided in Sec- tion 1-6 of the Code of Ordinances of the City of Delray Beach. -2- Ord. No. 28-74. 351F SECTION 4. That should any section or provision of this ordi- nance or any portion thereof, any paragraph, sentence or word be de- clared by a court of competent ~jurisdictign to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. SECTION 5. This ordinance shall take effect immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on the second and final reading on this the gFF day of Jz;~.~ , 1974. ATTEST: Acting City Cler~ First Reading JU Second Reading 3UL ....................... O]~d. ~ 28,74.