07-09-73 JULY 9~ 1973
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. on
Monday, July 9, 1973, with Mayor James H. Scheifley presiding, City
Manager J. Eldon Mariott, City Attorney G. Robert Fellows, and
Council members Grace S. Krivos, Leon M. Weekes and O. F. Youngblood
present; Mr. J. L. Saunders was absent.
1. The opening prayer was delivered by Rev. Louise Earle of
the Unity Church of Delray Beach.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular meeting of June 25, 1973 were
unanimously approved on motion by Mrs. Krivos and seconded by Mr.
Youngblood.
5oa. Mr. J. W. Dunbar, Secretary of the Beach Property Owners'
Association, discussed the break-ins in the beach area. He reported
th&t one home owner was forced to hire special protective help while
he was on vacation. Mr. Dunbar complained that while the police cars
do patrol the area, they do so at a speed that would negate their
detecting anything wrong. He asked that Council discuss the matter.
7oa. A request for zoning change has been received by the City
from Mr. Jack Houston, 5 Cs, Inc., on all of the E½ of Section 12,
Township 46 South, Range 42 East, lying North of the Northerly right-
of-way line of Lake Ida Road, less the E&st ½ of the SW¼ of the SW¼
of the NE¼, and the W½ of the SE¼ of the SW¼ of the NE¼ and the W 1/8
of the N½ of the NE¼ of said Section12-46-42 also excepting the R/W
of Barwick Road, consisting of 201± acres be changed from R-lA to
RM-10. The property is located on the north side of Lake Ida Road,
adjacent to the east side of Barwick Road, bounded on the north by
Lateral 30 Canal. The City Manager recommended the request for
rezoning be referred to the Planning and Zoning Board for study and
recommendation° Mr. Leon Weekes so moved, seconded by Mr. Youngblood.
The motion passed unanimously.
7.b. The City Manager stated a request has been received from Mr.
Robert B. Harris, President of Florida Golf Club, Inc., for a change
in zoning from R-1AA and RM-15 to RM-10 of the property commonly
known as the Delray Beach Country Club being in Sections 18 and 19-
46-43 located on the south side of West Atlantic Avenue between
Congress Avenue and Homewood Boulevard. He recommended that the
request for rezoning be referred to the Planning and Zoning Board
for study and recommendation. Mrs. Krivos moved the request for re-
zoning on the Delray Beach Country Club property be referred to the
Planning and Zoning Board for study and recommendation, seconded by
Mr. Weekes and passed unanimously.
7.c. The City Manager informed Council a petition for annexation
has been received on approximately 28½ acres located west of and
adjacent to Davis Road, north of and adjacent to Lateral 33 Canal,
being all that portion of the following three tracts in Section 18,
Township 46 South, Range 43 East, and lying west of the E-4 Canal:
the South half (~) of the Northwest quarter (¼) of the Southwest
quarter of the Northeast Quarter.
The North half (½) of the Southwest quarter of the Southwest
quarter (¼) of the Northeast quarter (%).
The South half (%) of the Southwest Quarter (¼) of the Northeast
quarter (¼).
Also the South three-quarters (3/4) of the East Half (½) of the
Southeast quarter of the Northwest quarter (¼) of Section 18 some-
times referred to as Tracts 24, 25 and 26, Model Land Company Sub-
division of Section 18, Township 46 South, Range 43 East, West side
of Davis Road between Lake Worth Drainage District L-33 Canal and
Sudan Subdivision. The petition is subject to RM-15 zoning. The
City Manager recommended the petition be referred to the Planning and
Zoning Board for study and recommendation. Mr. Youngblood so moved,
seconded by Mrs. Krivos and said motion passed unanimously.
7.d. City Manager Mariott stated Mr. Thomas Becker by letter dated
April 8, 1973,has requested the City to release a certain right-of-
way 40 feet in width extending northward from the north side of West
Atlantic Avenue in line with Homewood Boulevard if it were extended
north of Atlantic Avenue. An eighty foot right-of-way was originally
acquired by the City in 1967,with the stipulation that a street be
built within a period of five years. If this did not occur within
five years, the property would revert to the prior owner. The City
has released the western forty feet of the eighty foot right-of-way
and City Manager Mariott recommended that Council authorize by motion
the release of the eastern forty feet as requested by the applicant.
A drawing of the property showing location was projected on the
screen. Mr. Weekes moved that Council grant the request of Mr. Becker
as contained in his letter of April 18, 1973 to the City Manager. Mr.
Youngblood seconded the motion which passed unanimously.
8.a. The City Manager presented Resolution No. 30-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE RECORDING
WITH THE CLERK OF THE CIRCUIT COURT OF PALM
BEACH COUNTY, FLORIDA, OF ALL UNPAID SPECIAL
ASSESSMENTS THROUGH JUNE, 1972, LEVIED AGAINST
REAL PROPERTY AND ON WHICH THE CITY HOLDS A LIEN
FOR SAID SPECIAL ASSESSMENT.
(Copy of Resolution No. 30-73 is attached to the official
copy of these minutes with an accompanying list of special assessments.)
This Resolution authorizing the recording of all unpaid special
assessments through June, 1972, also includes recording the special
assessments for demolition of buildings. Resolution No. 30-73 passed
unanimously on motion by Mrs. Krivos and seconded by Mr. Youngblood.
8.b. The City Manager presented Resolution No. 31-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING
NUISANCES UPON CERTAIN LANDS LOCATED 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 REPORT OF THE CITY MANAGER OF DELRAY BEACH,
FLORIDA.
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7-9-73
(Copy of Resolution No. 31-73 is attached to the official
copy of these minutes with an accompanying list of special assessments.)
Resolution No. 31-73 passed unanimously on motion by Mr.
Youngblood and seconded by Mrs. Krivos.
8.c. The City Manager presented Ordinance No. 19-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 17-20
"LOUD AND UNNECESSARY NOISES -- ACTS DECLARED
LOUD AND UNNECESSARY" OF CHAPTER 17 "OFFENSES"
OF THE CITY'S CODE OF ORDINANCES; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING
A PENALTY CLAUSE.
(Copy of Ordinance No. 19-73 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, with the following persons commenting on
the Ordinance and questioning the enforcement of same: Mr. Dean Luce,
36 South Ocean Boulevard; Mr. Ted Gibson, 1125 Vista Del Mar Drive;
Mrs. Virginia Snyder, 38 South Swinton Avenue; Mr. J. Watson Dunbar;
Mr. Charles Bleil; Mr. Tom Ingersoll, 5 Salina Avenue; and Mr. W. W.
Baldwin, 321 N. W. 7th Street, Delray Beach.
Most of the comments and discussion concerning the wording
and enforcement concerned Section 17-20 (b) (2) as follows:
"The using, operating, or permitting to be played,
used, or operated any radio receiving set, musical instru-
ment, phonograph, or other machine or device for the pro-
ducing or reproducing of sound in such manner as to disturb
the peace, quiet and comfort of the neighboring inhabitants
or at any time with louder volume than is necessary for
convenient hearing for the person who is in the room, vehi-
cle or chamber in which such machine or device is operated
and who is a voluntary listener. The operation of any such
set, instrument, phonograph, machine or device between the
hours of 11:00 P.M. and 7:00 A.M. in such a manner as to
be plainly audible at a distance of fifty (50) feet from
the building, structure or vehicle in which it is located
shall be prima facie evidence of a violation of this
Section."
It was also questioned whether the enforcement of this Ordi-
nance could control the noise disturbance from motorcycles and large
trucks.
Following general discussion, Mr. Weekes moved for the adop-
tion on second and final reading of Ordinance No. 19-73 with the
inclusion of the word "particularly" in paragraph (2) of Section
17-20 (b) between the words "device" and "between". The motion was
seconded by Mr. Youngblood and carried unanimously.
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7-9-73
8.d. The City Manager presented Ordinance No. 20-73.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 15A-1 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH BY ADOPTING THE 1973
EDITION OF THE SOUTHERN STANDARD HOUSING CODE.
(Copy of Ordinance No. 20-73 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, and there being no objections to Ordinance
No. 20-73, said Ordinance was unanimously passed and adopted on
second and final reading on motion by Mrs. Krivos and seconded by
Mr. Weekes.
8.e. The City Manager presented Ordinance No. 21-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 14-25
PARKING NEAR FIRE HYDRANT AND ADDING SECTIONS
CONCERNING THE PLANTING AROUND FIRE DEPARTMENT
HYDRANTS AND CONNECTIONS AND THE SPACING OF FIRE
HYDRANTS ALL IN CHAPTER 14 "FIRE DEPARTMENT,
FIRE PREVENTION AND FIRE REGULATIONS" CODE OF
ORDINANCES OF DELRAY BEACH, REPEALING ORDINANCES
IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE.
The City Manager explained this Ordinance would make three
basic changes in respect to fire hydrants. One - it would increase
the distance from 10 feet to 15 feet for the parking of any vehicle
from the fire hydrant; secondly, it would provide for fire hydrants
being installed any distance apart not greater than 500 feet; and
thirdly, it would provide that all fire hydrants would be installed
in places that are accessible at all times from a paved road or
street no less than 24 feet in width. Mr. Weekes moved the adoption
of Ordinance No. 21-73 on first reading, seconded by Mrs. Krivos
and passed unanimously.
8. f. The City Manager presented Ordinance No. 22-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SUBSECTION
29-6.1 (C) (1), CHAPTER 29 "ZONING" OF THE
CODE OF ORDINANCES PERTAINING TO THE MINIMUM
BUILDING SITE AREA IN THE COMMUNITY COMMERCIAL
DISTRICT (CC).
City Manager Mariott stated that this Ordinance would modify
the CC Community Commercial District Zone of the Zoning Ordinance by
changing the area for shopping centers from 10 to 20 acres in size
to 9 to 40 acres in size as discussed at the workshop meeting. Mr.
Youngblood moved the adoption of Ordinance No. 22-73 on first reading,
seconded by Mr. Weekes and passed unanimously.
9.a. City Manager Mariott reported the Planning and Zoning Board
had held a meeting on June 19th and recommended, with one abstention,
that the site plan for the First Bank of Delray Beach located on
South Federal Highway south of S.E. 7th Street be approved, consisting
of Lots 10 through 15, Block 13, Osceola Park; Lots 1 through 12,
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7-9-73
126
Sanborn-Stone and a parcel of land in the NW¼ of Section 21-46-43
located between S.E. 5th and 6th Avenues and between Sanborn-Stone
and Lots 10 through 15, Block 13, Osceola Park. The first floor
would be used for banking facilities and the top five floors would
be available for office rental. Mr. Youngblood moved to sustain the
decision of the Planning and Zoning Board, seconded by Mr. Weekes.
The motion passed unanimously.
9.b. The city Manager reported that the Planning and Zoning Board
has recommended that the site plan presented by Mr. Allen Lusk for
a private tennis club be approved, being the North 285 feet of the
South 1061 feet of the West 240 feet of the East 320 feet of the
S.E.¼ of Section 24-46-43, located at 1600 Dover Road. Mrs. Krivos
moved to sustain the recommendation of the Planning and Zoning Board,
seconded by Mr. Weekes and passed unanimously.
9.c. The City Manager reported that the Planning and Zoning Board
recommended by unanimous vote that the site plan for the Ellis Chingos
Shopping Center - Phase I be accepted consisting of approximately 12
acres in the SW¼ of Section 21-46-43 located west of South Federal
Highway North of Linton Boulevard. It is to contain the following
uses: a laundry, gift shop, small auto appliance store, jeweler,
hair dresser, pizza parlor, ice cream parlor, Publix and Eckerds.
This site plan was reviewed by Council at its workshop meeting on July.
2nd. Mr. Weekes stated the laundry should be specified as a self-
service laundry. City Manager Mariott suggested this be inserted in
the motion. Mr. Weekes moved that Council sustain the recommendation
of the Planning and Zoning Board with the inclusion of the words
"Self-service" laundry. Mr. Youngblood seconded the motion which
passed unanimously.
9.d. City Manager Mariott stated the Planning and Zoning Board had
recommended approval of a site plan submitted by Dr. L. M. Landis
under conditional use approval for a combination single family resi-
dence and dental office located at the N.W. corner of Lowson Boulevard
and Congress Avenue, Lot 1, Block 1, Golf Park. It was ascertained
that the traffic pattern be left to the discretion of the Police
Department. Dr. Landis indicated that the driveway was in a good
location according to Lt. Dalton. Mr. Youngblood moved to sustain
the recommendation of the Planning and Zoning Board, seconded by
Mrs. Krivos and passed unanimously.
9.e. City Manager Mariott reported the Planning and Zoning Board
had recommended denial of a petition from William I~icholls to rezone
property on the west side of the Florida East Coast Railway extending
southward from Curlew Road, Lots 8 and 9, Section 29-46-43, from
RM-10 to RM-15. The applicant failed to appear at either meeting at
which the above subject was scheduled. Mrs. Krivos moved to sustain
the recommendation of the Planning and Zoning Board, seconded by Mr.
Youngblood and passed unanimously.
10.a. The following Bills for Approval were unanimously approved
for payment on motion by Mr. Weekes and seconded by Mr. Youngblood.
General Fund ........... ~. . ~398,788.24
Water and Sewer Fund ......... 118,892.57
Cigarette Tax Fund .......... 4,057.72
Utility Tax Fund .......... ~ . 5,440.00
Refundable Deposits Fund ....... 2,376.00
Citizens Contribution Fund ...... 101.64
Beach Restoration Fund ........ 17,380.00
--5-- _
127
10ob.1. The City Manager presented information on the Good Faith
Law passed by the Florida Legislature with respect to the moratorium
on additional sewer connections. The essence of this bill is that it
provides that an operator of a sewage treatment plant which plant does
not meet the requirements of the 9~ treatment law, application can
be made to the Pollution Control Department for removal in whole or in
part of the moratorium on additional sewer connections. He recommended
that Council authorize by motion the submission of an application to
the Department of Pollution Control under the Good Faith Bill seeking
removal of the City of Delray Beach from the moratorium that presently
exists on additional sewer connections, realizing there is nothing
automatic about having the application granted. Mr. Weekes pointed
out this moratorium was primarily affecting the small builder, not
the big corporations, and moved that the city Manager be authorized
to petition the Department of Pollution Control for relief of a sewer
moratorium in whole or in part. Mr. Youngblood seconded the motion
which passed unanimously.
10.b.2o Mrs. Krivos questioned the $5,000,000 bond issue money in
the bank regarding the interest having to be paid. Mayor Scheifley
replied part of the money is for the sewage treatment plant and part
of it which is not qualified for Federal funds the City would h~ve
raised ~nyway to put in sewers in certain parts of the City. City
Manager Mariott stated the interest being paid was partly offset by
the interest being received.
The meeting was adjourned at 9:35 P.M.
City Clerk/
APPROVED:
//
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7-9-73
127A
RESOLUTION NO. 30-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE RECORDING
WITH THE CLERK OF THE CIRCUIT COURT OF PALM
BEACtt COUNTY, FLORIDA, OF ALL UNPAID SPECIAL
ASSESSPLENTS THROUGH JUNE, 1972, LEVIED AGAINST
REAL PROPERTY AbID ON WHICH THE CITY HOLDS A LIEN
FOR SAID SPECIAL ASSESSMENT.
WHEREAS, there are special assessment liens due the City for
the construction of streets, sidewalks, storm drainage and demolition
of buildings; and
WHEREAS, liens in favor of the City exist against the prop-
erties for the unpaid special assessments plus interest; and
WHEREAS, it is the desire of the City Council that these
unpaid special assessment liens through June, 1972, be recorded with
the Clerk of the Circuit Court of Palm Beach County, Florida,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU!~CIL OF THE
CITY OF DELRAY BEACH, FLORIDA,
1. That a list of all ..... ~ ' asseso~=~t li~n~
due the City of De!ray Beach, Florida, through June, 1972,
which list, Exhibit "A" consisting of five pages, con-
tains real property descriptions and is attached hereto
and made a part hereof, be recorded with the Clerk of the
Circuit Court of Palm Beach County, Florida.
PASSED AND ADOPTED in regular session on this the 9th day
of July, 1973.
ATTEST:
City Clerk
127B
EXHIBIT A
~U/lpmqJ_d Special Assessment Liens
PROPERTY DESCRIPTION OWNER ASSESSMENT
N.E. 3rd Avenue PAVING
Lot 1, Block 7, Seacrest Park Robert L. & Alice Horn $ 400.00
Lot 3, Block 7, Seacrest ??ark Thomas & Helen Wickert 221.17
North--South Alley- Rosemont Park
Lot 1, Block 1, Bertram & Elouise Minto 264.50
Lot 2, Block 1, Frank & Vernell Bullard 206.33
Lot 3, B'ock 1, Robert & Lillie Johnson 219.98
Lot 4, Block 1, Willie James Spells, Jr. 235.75
Lot 5, Block 1, Council & Phannye Hayes 235.75
Lot 6, Block 1, Hazel Hill 233.26
Lot 7, Block 1, Hazel Hill 226.59
Lot 8, Block 1, Hazel Hill 233.26
Lots 13, 14 & 15, Block 1, Mollie K. Gordon 736.00
Lot 16, Block 1, Margaret Cribbs Ornelas 235.75
Lot 19, Block 1, Otha Lee, Jr. & Viola Wilson 205.31
Lot 20, Block 1, Charlie & Gemary Odom 235.75
Lot 21, Block 1, S.M. & Georgia Ann Anderson 207.07
Lot 22, Block 1, Amos W. & Tommie D. Williams 110.75
Lot 24, Block 1, Leona King 264.50
$.W. 6th Street PAVING - Rosemont Park
Lot 1, Block 3, Kenneth & Charoltte Durante 728.71
Lot 24, Block 3, Virdies & Bernice Shavers 650.83
Lot 24, Block 5, J.P. & Zieler MCRoy 428.63
S.W. 6th Avenue PAVING
N~ of E~ of E~ of NW~-~ of Lot 1
Less S 63', Section 20-46-43. Wiley & C!ydie Mae Grice 497.76
S 63' of N~ of E~ of E~ of NW~
of Lot 1, Section 20-46-43. William & Grace President 202.28
S% of E% of E~ of NW~ of Lot 1
Section 20-46-43. Kenneth Austin 727.00
N 51.26' of S 306.26' of W 122'
of NE¼ of Lot 1 less W 25',
Section 20-46-43. Preston Wright 257.12
N 25.5' of S 255' of W 122' of
NEb of Lot 1 less W 25',
Section 20-46-43. Thomas C. Coleman 127.81
N 26.5' of S 228.5' of W 122' of
NE~ of Lot 1, less W 25',
Section 20-46-43. Ethel Jackson 122.83
N 51' of S 204' of W 122' of
NWL~ of Lot 1 Less W 25',
Section 20-46-43. Clarence & Ethel Jackson 245.62
S 51' of W 122' of NE~ of Lot 1
less W 25', Section 20-46-43. Hazel L. Shuler 255.62
Lots 1, 2 & 3, Bk.3,Rosemont Pk. Kenneth & Charlotte Durante 781.88
Lots 13 & 14, Bk. 5,Rosemont Pk. James E.& Alpha M. Chapman 531.28
Lot 7, Block 3, Rosemont Park Kenneth & Charlotte Durante 32.79
N 25' of Lot 18 & All of Lot 19,
Block 5, Rosemont Park Randolph & Martha A. Williams 375.91
Lot 20, Block 5, Rosemont Park Annette A. Tucker 250.60
S.W. llth Avenue PAVING
Block 10, Lot 7, Atlantic Gardens Nathaniel & Levonia Holmes 222.24
Block 10, Lot 9, Atlantic Gardens Arthur Lee & Annie M.Holliday 222.24
SIDEWALKS - VrESTERN SECTOR
N.W. 8th Avenue SIDEWALKS
S'~ of Block 4, N 50' of W 130.5' Verne!l Randall 8.51
Block 4, N 51.1 of Lot 25 Elinor & Leon Bush 57.63
Block 3, N 130' of S 265' of
W 135'. Jay P. & Kathleen L. Callaway 159.32
Block 3, ?.;est 100' of N 147' William & Lottie Long 180.16
127C
EXHIBIT A Page 2.
.Unpaid S.Decial Assessment Liens
.~.W. 10th Avenue SIDEWAL!~S
Lot 16, Block A, Tourist Nook O.D. Priest, Jr. $ 28.92
Lots 11 & 12, Bk. A, Tourist Nook Mary Lee Nelson 98.04
~.W. 2nd Street SIDEWALKS
N 125' of NE¼ of Lot 2 less W 572.28' 92.77
& less N 25' & less E 25', Sec. 17-46-43 I.C. & Henrietta M. Smith
Lot 6, Block 2, Fairlawn Winston L. & Juanita Davis 92.87
S.W. 14th Avenue SIDEWALI~S
Lot 21, Block 4,. Odmanns Willie & Estella Sharp 61.28
Lot 22, Block 4, Odmanns E.D. Odom 61.28
i ot 28, Block 4, Odmanns Minnie Lee Lewis 61.28
S. llth Avenue SIDEWALI<S
i ot 7, Block 10, Atlantic Gdns. Nathaniel & Levonia Holmes 61.28
! ot 9, Block 10, Atlantic Gdns. Arthur Lee & Annie Mae Holliday 61.28
S.W. 8th Avenue SID~^,~ALKS
Lot 17, Block 5 Margaret, Lillie Mae &
Dorothy Rhone 37.52
.N 50' of W% of Block 6 Israel & Mamie Chance 61.28
S 50' of N 100' of W~ of Bk. 6 Rebecca Roberts 61.28
~'"~i~S 50' of N 150' of W~ of Bk. 6 Tommy & Ora Belle Hickman 61.28
S 50' of N 200' of W% of Bk. 6 Willie James Spells, Jr. 56.66
N 53.05' of S 312.20' of W 151.40'
of Block 6 Robert Lee & Jane Dorch 13.69
_'~,-;. ~,c, ~ c,~ ~.,:~ ~~~<-- 6 ........... ~.~_~'s--T'::---__~'~?O~ _~'~?~-T---~S~.-~'~ '~ ~ '%] _ 0-~
Lot 5, Carver Square John M. & Lenora O. Holly 120.10
.W. 2nd Street SIDEWALKS
Lots 49, 50, 51 & 52, Block 15 H.G. & Celestine Poitier 132.48
Lot 48, Block 15 Ronald I. & Marilyn S. Baron .30.64
Lots 2, 3, ~ & 5, Block 15 Carl Lee Fashaw 122.55
Lot 1, Block 15 Carl Lee Fashaw 40.56
Lot .1, Carver Square William & Rosa Lee Odom 68.74
Lot 5, Carver Square John M. & Lenora Holly 68.02
~.W. 3rd Street SID~TALMS
W 79 of E 104 of N½ of N~ of
SE¼ of SE¼ of SW¼ less N 25',
Section 17-46-43. James & Hattie Lue Brown 96.82
W 63 of E 230 of N% of N% of SE¼
of SE¼ of SW¼ less N 25',
Section 17-46-43. Cephas & Withlean Newbold Brown 77.21
W 63 of E 293 of N~ of N% of
SEI~ of SE~ of SW~ less N 25',
Section 17-46-43. Cornelius & Alice Mae Henderson 77.21
w 60 of E 416 of N% of N~ of
~¼ of SE~ of SW¼ less N 25',
action 17-46-43. John L. & Lula Mae Bean 69.05
60 of E 476 of N~ of N% of
_E¼ of SE¼ of SW~ less N 25'.
Section 17-46-43. Harry Mitchell 48.53
W 60 of E 596 of N½ of N% of
SE~ of SE~ of SW~ less N 25',
Section 17-46-43. James & Tycena V. Moss 73.53
Lot 1, Bellehaven, Unit B Maynard & Metteren Brinson 169.60
Lot 20, Bellehaven, Unit B Lillie Noble 80.00
f IDEWALKS - N. Swinton Ave., N.E. 22nd Street & N.E. 18th Street.
I Lot 19, Block 1, Northridge Lawrence L. Lavalle, TrusZee 73.87
[.W. 12th Avenue PAVING
Lot 21, Block 1, Atlantic Pk.Gdns. Wesley & Lena Johnson 179.53
Lot 22, Block 1, Atlantic Pk. Gdns. Andrew J. & Huldia Griffin 158.38
127D
EXHIBIT A Page 3.
.Unpaid Special Assessment Liens
N 125' of NE¼ of Lot 2, less
N 25' R/W & less E 25' R/W.
Section 17-46-43. I.C. & Henrietta M. Smith $116.75
N 80' of W 150' of S~ of N~
of Lot 6 less W 25' R/W,
Section 17-46-43~Maggie Rolle) Tom & Emma Newton 48.28
W 135' of S½ of NL~ of Lot 6
less N 80' & less S 200' &
less W 25' R/W, Section 17-46-43,
(Maggie Rolle) Maggie Rolle 183.72
Lots 26 & 27, Block 1, Atlantic Pines Amy McKenzie 253.40
Lot 29, Block !, Atlantic Pines Donnie & Catherine Weatherspoon 67.34
Lot 33, Block 1, Atlantic Pines Berdean & Clare Andrews 101.28
NORTHI~EST NINTH AVENUE PAVI~G
Lots 24 & 25, Block A, Tourist Nook Sam & Emily Dobard 50.00
Lot 26, Block A, Tourist Nook Sam & Emily Dobard &
Hazel Dobard 108.tl
Lots 14,15 & 16, Block B,
Tourist Nook Clifford Preston Wright 295.80
I~ORTH~EST TENTH AVEL~JE PAVING
Lots 12 & 13, Block 2, Atlantic
Pines H.G. & Celestine Poitier 186.76
Lot 20 & N 15.35' of Lot 19,
Block 2, Atlantic Pines Blanche Williams 80.00
E 135' of S~ of N~ of Lot 6 less N 150',S 50' & E25' R/W,
(Maggie Rolle) Section 17-46-43. Maggie Rolle 325.19
S 50' of N 150' of E 135' of S~
Of N~_of Lot 6, less E 25' R/W, Arthur L.~ Pearline &
(Maggie Rolle) Section 17-46-43. Jimmie Lee Holliday 76.00
Loq 19, Block 2, Pine Crest Daisy Mae McDonald 116.72
Lot 21, Block 2, Pine Crest James O. & Lelia D. Ward 116.72
Lot 7 & 8, Block A, West Side
Heights Eliza Reynolds 164.04
~.W. 1st AVEArUE PAVING N'WARD FROM N.W. 9th STREET
W 135' of N 102' of S 117' of
E~ of SE¼ of Lot 9, less W 15'
thereof, Section 8-46-43. William R. & Alice S. George 193.05
S.W. 1st STREET between S.W. 3rd & 4th AVENq3ES SIDEK'[ALK CONSTRUCTION Lot 12 & S 73.5' of Lot 11,
N% of Block 38 Edward & Emmaline Heastie 295.22
Lot 13, S~ of Block 38 Naomi A. L. Jones 101.40
Lot 9, S~ of Block 38 Myrtle L. Williams 92.27
Lot 8, S% of Block 38 Clarence C. Mitchell 71.40
Lot 1, SI~ of Block 38 O.D., Jr. & Wm. P. Priest 196.81
'S.W. 3rd Avenue PAVING
Lot 1, S~ of Block 38 O.D., Jr. & Wm. P. Priest 236.69
Lot 8, S~ of Block 38 Clarence C. Mitchell 121.94
Lot 13, SI~ of Block 38 Naomi A. L. Jones 121.94
S 73.5' of Lot 11 & Ail of Lot 12
N% of'Block 38 Edward & Emmaline Heastie 355.04
N.W. 3rd Avenue UAVING
E~ of Block 34 less S 96' of
N 144' of E 135' Jane Jackson 1177~04
S 96' of N 144' of E 135', Joe Conyer 150.69
Block 34.
~.E. 22nd Street & Seacrest Blvd. DRAINAGE
Lot 19, Block 1, Northridge Geo. H. & Willadeen Moore 49.55
$tDEWALI<S (1957) - N.W. 8th Avenue
N 50' of S 207' of W 135' of Block 1 Sam & Priscilla Stubbs 62.65
127E
EXHIBIT A Page 4.
~Unpaid Special Assessment Liens
S.W. 2nd Street PAVING
W 70.6' of E 145.6° of S 135',
Block 14 Carolina Washington $ 212.22
Lot 13, Bk. 4, Atlantic Pk. Gdns. Jonathan & Catherine Taylor 414.44
Lot 1, Block 15 Carl Lee Fashaw 99.50
Lot 2, Block 15 Carl Lee & Henry T. Fashaw 75.15
Lot 3, Block 15 Carl Lee & Henry T. Fashaw 75.15
Lot 4, Block 15 Carl Lee & Henry T. Fashaw 75.15
Lot 5, Block 15 Carl Lee & Henry T. Fashaw 75.15
Lot 48, Block 15 Charlie & Matilda Johnson 70.80
Jot 49, Block 15 H.G. Poitier 75.15
Jot 50, Block 15 H.G., & Celestine Poitier 75.15
Jot 51, Block 15 H.G., & Celestine Poitier 75.15
Lot 52, Block 15 H.G. Poitier 99.50
.W. 12th Avenue PAVING
Lot 22, Bk. 2, Atlantic Pk. Gdns. A. A. Simon 146.45
Lot 13, Bk. 4, Atlantic Pk. Gdns. Jonathan & Catherine Taylor 167.16
Lot 15, Block 5, Atlantic Gardens Willie & Dorothy Gerald 146.45
!N.W. 6th Avenue PAVING
Lots 1 & 2, Paradise Heights Charles Patrick, Jr. 225.72
Lot 4, Paradise Heights Sanella Holliday 112.86
Lot 6, Paradise Heights Delray Caterers, Inc. 101.32
Lot 7, Paradise Heights Holly & Lulu Mae Cabell 112.86
Lots 10 & 11, Paradise Heights Church of God by Faith 225.72
N.W. 7th Avenue & S.W. 7th Avenue PAVING
Lot 19, Block 4, Monroe S/D Jonathan Taylor 139.44
S 50' of N 300' of W 135', Bk. 14 Rudolph Cartwirght 139.44
N 100' of W 135', Block 14 Alex & Manor Stephens '278.89
N 37.5' of W 130.44' of E 155.44',
Block 4. Mattie Dennis-Trustee 104.58
?.W. 6th Avenue PAVING (Atlantic Avenue & 3rd Street)
N 100' of E 100', Block 13 Minnie L. Coleman 267.74
N 50' of S 150' of E 135', Bk. 13 Pauline Rice 73.15
N 50' of S 285' of E 135', Bk. 14 Bertram Fashaw 133.87
N 106' of E 33.1', Block 15 H.G. Poitier 170.28
N 40' of S 190' of W 135', Bk. 21 Ruby Lee Stephens 64.26
Lot 20, Block 23 Mary Patman Bolden 80.31
Lot 22, Block 23 Otis & Lorine Harmon 80.31
IS.W. 14th Avenue PAVING
Lot 1, Block 3, Odmanns Joe Conyer 164.76
Lots 15 & 16, Block 3, Odmanns Laura A. Veasey Estate 207.80
Lot 22, Block 4, Odmanns E.D. Odam 64.99
Lot 28, Block 4, Odmanns Minnie Lee Lewis 86.90
~ot 15, Bk. 2, Priest's Add. to
%tlantic Park Gardens John Henry McClenehan 69.69
~ 62' of E% of Bk. 3, Priest's
Add. to Atlantic Pk. Gdens. Alfred & Lois Straghn 28.49
S.E. 4th Avenue DRAINAGE - 1949
Lot 3, Block 93 Abeleina Properties, Inc. 316.05
Lots 1 & 2, Block 101 A. George 252.84
.W. 4th Avenue PAVING - 1952
Lot 27, Block 29 L.N. Quince 45.92
NL~ o~ Lot 13, Block 30 Ethel Mackey 21.09
Lot 15, Block 30 C. Johnson 82.64
S 66' c~ N 216' of E 135', Bk. 31 Velma Chaney 109.12
N.W. 8th Avenue PAVING
Lot 4, Block 1, Fenno J.B. & Lucille Jones 107.14
Lot 14, Block B, West Side Hts. Bertha & Levi Burden 119.06
W 100' of N 147', Block 3 William & Lottie Long 350.03
!S.W. 10th Avenue PAVING
Lot 15, Block 9, Atlantic Gdns. Maxwell Pender Estate 81.51
127F
EXHIBIT A Page 5.
UNPAID SPECIAL ASSESSMENT LIENS
Lot 22, Block 9, Atlantic Gardens Henry Williams $ 120.39
N.W. 6th Avenue PAVING
S 30' of N 120' of E 135',
Block 10 Lewis & Hattie Fashaw Estate 26.02
S 50' of N 300' of W 135',
Block. 20 Bessie James 78.00
~...W. 1st Street PAVING (1951)
E 50' of W 122' of S 135',
Block 3 Beulah Davis 10.00
DEMOLITION OF BUILDINGS
S 75' of N 225~ of E 135',
Block 20, per Res. 12-69. Church of the Living God 162.25
S 30 of E 85' of N 153',
Block 11, per Res. 20-69. Mabel Brown & Elma Kerr 27.00
Lot 15, Block 3, Odmann's S/D
per Res. 22-69. Laura A. Veasey Estate 250.00
W 35' of S 25' of N 135' of
E 135', Block 21, per Res. 37-69 Bessie Kirkland Estate 240.00
Commence at the intersection of
Easterly R~ line of U.S. ~1 (SR5)
R~ Map in Road Plat Book 2, Pages
73 to 75 with North line of Tract 3
revised plat of portions of Sections
28 & 29-46-43, Plat Book 18, Page 53;
thence on an assumed bearing of due
East along said North line of Tract 3,
a distance of 443.80' to P..O.B.; thence
continue due East along aforesaid North
line of Tract 3, a distance of 228.50';
thence due North a distance of 140';
thence due West, a distance of 228.50'; thence due South, a distance of 140' to
P.O.B., containing 0.73 acres more or
less, Section 28, Township 46 South,
Range 43 East, per Res. 31-70. Mary Schmidt' 2,193.00
127G
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ASSESSIDG COSTS FOR ABATI~G Rq3ISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEME~T A~TD LEVYING THE COST OF SUCH ABATE.~NT
OF SAID I~q3ISANCES, A~qD DECLARING SAID LEVY TO BE A
LIEN UPON SAID PROPERTY IN AN ~-~MOUNT AS SHO~TN BY RE-
PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA.
WHEREAS, the City Council of the City of Delray Beach, did, in
_r_egular. m3~.~d~zxxxxxxx×xx session held on the 26th day of
~Feb..r.u.~ry, 1973 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
%~HEREAS, 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
~HEREAS, the City Manager of the City of Delray Beach, has, pur-
suant to said Ordinance G-l~:7 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.
~,, ~:.RoF~, o~ IT RESOL'v~D BY THE CITY COUNCIL O~ THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That assessments in the individuai"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-
cels 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 26th day of February, 1973
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 su¢l~ assessments shall be legal, valid and
binding obligations upon the property against which said assessments
are levied. This resolution sh-ll 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 hhqD ADOPTED in ~e~ular sess n the. h y
~Jul¥ , A.D. 19 73.
/£
ATTEST: _
127H
COST OF ABATING NUISANCE UNDER ORDINANCE NO. G-147.
February 26, 1972
PROPERTY DESCRIPTION OWNER ASSESSMENT
Northridge, Block 6, Lot 3 John and Jean Leschik $100.00
Seagate, Sec. A., Block 3, G. Allan Marsted & Samuel
Lot 1 A. & Elizabeth B. Breene $195.00
Delray Beach Esplanade, Lot JoW. & Adele Richardson $238.00
30 and East 35 feet of Lot 31
127I
ORDINANCE NO. 19-73
AN ORDINANCE OF THE CITY COUNCIL OF 5q{E CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 17-20
"LOUD AND UNNECESSARY NOISES -- ACTS DECLARED
LOUD AND UNNECESSARY" OF CI.LAPTER 17 "OFFENSES"
OF THE CITY'S CODE OF ORDINANCES; REPEALI~?G ALL
ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT
HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING
A PENALTY CLAUSE.
WHEREAS, the City Administration has recommended that Subsection
i7-20 be updated; and
WHEREAS, the City Council of the City of Delray Beach, Florida has
determined that such changes should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 17 "Offenses" of the Code of the City of
Delray Beach, Florida, as amended, be further amended by amending Sec-
tion 17-20 "Loud and Unnecessary Noises -- Acts declared loud and
unnecessary" to read as follows:
"Section 17-20 Loud and raucous noise prohibited; emergency
perm i t.
(a) No person shall make, continue or cause to be made or
continue~ any loud, raucous, improper, unreasonable, offensive or
unusual noise which disturbs, injures or endangers the comfort, repose,
health, peace or safety of others within the limits of the City.
(b) The following acts, among others, are declared to be
loud, raucous or disturbing noises in violation of this Section, but
such enumeration shall not be deemed to be exclusive, namely:
(1) The sounding of any horn or signaling device on
any automobile, motorcycle, or other vehicle on any street or public
place except as a danger warning; the creation by means of any such
signaling device of any unreasonably loud and raucous sound; and the
sounding of any such device for an unreasonable period of time. The use
of any signaling device except one operated by hand or electricity; the
use of any horn, whistle or other device operated by engine exhaust;
and the use of any such signaling device when traffic is for any reason
held up.
(2) The using, operating, or permitting to be played,
used, or operated any radio receiving set, musical instrument, phonograph,
or other machine or device for the producing or reproducing of sound in
such manner as to disturb the peace, quiet and comfort of the neighbor-
ing inhabitants or at any time with louder volume than is necessary
for convenient hearing for the person -who is in the room, vehicle or
chamber in which such machine or device is operated ~nd who is a
voluntary listener. The operation of any such set, instrument, phono-
graph, machine or device particularly between the hours of 11:00 P~M. and
127J
7:00 A.M. in such a manner as to be plainly audible at a distance of
fifty (50) feet from the building, structure or vehicle in which it is
located shall be prima facie evidence of a violation of this Section.
(3) The using, operating or permitting to be played,
used or operated of any radio receiving set, musical instrument, phono-
graph, loudspeaker, sound amplifier, or other machine or device for the
producing or reproducing of sound which is cast upon the public streets
for the purpose of commercial advertising or attracting the attention
of the public to any building or structure.
(4) Yelling, shouting, hooting, whistling, or singing
on all public property, particularly between the hours of 11:00 P.M.
and 7:00 A.M. or at any time or place so as to annoy or disturb the
quiet, comfort or repose of persons in any office or in any dwelling,
hotel or other type of residence or of any person in the vicinity.
(5) The keeping of any animal or bird which by causing
frequent or long continued noise shall disturb the comfort or repose
of any person in the vicinity.
(6) The blowing of any locomotive steam whistle or
steam whistle attached to any stationary boiler, except to give notice
of the time to begin or stop work or as a warning of fire or danger,
or upon request of proper City authorities.
(7) The discharge into the open air of the exhaust of
any steam engine, stationary internal combustion engine, motor boat,
or motor vehicle except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
(8) The use of any automobile, motorcycle, or vehicle
so out of repair, so loaded or in such manner as to create loud and
unnecessary grating, grinding, rattling or other noise..
(9) The creation of a loud and excessive noise in
connection with loading and unloading any vehicle or the opening and
destruction of bales, boxes, crates, and containers.
(10) The erection (including excavating), demolition,
alteration or repair of ~ny building, other than between the hours of
8:00 A.M. and 5:00 P.M. on weekdays including Saturday, except in case
of urgent necessity in the interest of public health and safety, and
then only with a permit from the Building Inspector. The permit may be
granted for a period not to exceed three (3) days or less while the
emergency continues. If the Building Inspector shall determine that
the public health and safety will not be impaired by the erection,
demolition, alteration or repair of any building or the excavation of
streets and highways within the hours of 5:00 P.M. and 8:00 A.M., and
further determine that loss or inconvenience would result to any party
in interest, he may grant permission for such work to be done within
the hours of 5:00 P.~!. and 8:00 A.M., upon ~application being made at the
time the permit for the work is awarded or during the progress of the
wor~. except that the owner or lessee of a single fami?L~ residence,
when a city license is not required, may work on his property during
the hours of 8:00 A.M. to 8:00 P.M. on Monday through Saturday.
Ord. No. 19-73.
127K
(11) The creation of any loud and raucous noise on any
street adjacent to any school, institution of learning, church or
court while the same are in use, or adjacent to any hospital, which
unreasonably interferes with the workings of such institution, or which
unduly disturbs patients in the hospital, provided conspicuous signs
are displayed in such streets indicating that the same is a school,
hospital or court street.
(12) The shouting and crying of peddlers, hawkers and
vendors which disturbs the peace and quiet of the neighborhood.
(13) The use of any drum or other instrument or device
for the purpose of attracting attention by creation of noise to any
performance, show or sale.
(14) The transportation of rails, pillars or columns of
iron, steel or other materials, over and along streets and other public
places upon carts, drays, cars, trucks or in any other manner, loaded
so as to cause loud and raucous noises so as to disturb the peace and
quiet of such streets or other public places.
(15) The operation between the hours of 5:00 P.M. and
8:00 A.M. on weekdays including Saturday of any pile driver, steam
shovel, pneumatic hm~mer, derrick, steam or electric hoist or other
appliance, the use of %.£nich is attended by loud or unusual noise except
in case of urgent necessity in the interest of public health and safety,
and then only with a permit from the Building Inspector. The permit may
be granted for a period not to exceed three (3) days or less while the
emergency continues. If the Building Inspector shall determine that
the public health and safety will not be impaired by the erection,
demolition, alteration or repair of any building or the excavation of
streets and highways within the hours of 5:00 P.M. and 8:00 A.M., and
further determine that loss or inconvenience would result to any party
in interest, he may grant permission for such work to be done within
the hours of 5:00 P.M. and 8:00 A.M., upon application being made at
the time the permit for the work is awarded or during the progress of
the work.
(16) The operation of any noise-creating blower or power
fan or any internal combustion engine, the operation of which causes
loud and raucous noise due to the explosion of operating gases or fluids,
unless the noise from such blower or fan is muffled and such engine is
equipped with a muffler device sufficient to deaden such noise."
Section 2. That any person who violates the provisions of Section
[ above shall upon conviction be punished as provided in Section 1-6 of
the Code of Ordinances of Delray Beach.
Section 3. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section 4. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence or word be declared by
a court of competent jurisdiction 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.
-3-
Ord. No. 19-73.
127L
PASSED AND ADOPTED in regular session on the second and final
reading on the 9th day of July , 1973.
ATTEST:
City Cle~
First Reading June 25, 1973.
Second Reading July 9, 1973.
-4-
Ord. No. 19-73.
127M
ORDINANCE NO. 20-73.
AN ORDINANCE OF THE CITY OF DELRAY BEACtt, FLORIDAi
AMELqDING SECTION 15A-1 OF ~{E CODE OF ORDINANCES
OF T~ CITY OF DELF~AY BEACH BY ADOPTING THE 1973
EDITION OF THE SOUTHERN STANDARD HOUSING CODE.
WHEREAS, the City of Delray Beach is desirous of up-dating it's
iousing Code,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA:
SECTION 1. That Section 15A-l, Chapter 15A of the Code of
Ordinances be amended to read as follows: .-
''Sec. 15A-1. Housing Code adopted, incorporated by
reference.
The Southern Standard Housing Code, being particularly
the 1973 Edition thereof and the whole thereof, of which not
less than three (3) copies have been and are now filed in the-
office of the City Clerk of the City of De!ray Beach, Florida,
and the same are hereby adopted and incorporated as fully as
if set forth at length herein, and from the date on which this
~azz. ~e effect, the provisions ~ '
controlling in the use, maintenance and occupancy of all
dwellings, dwelling units and/or structures within the area of
jurisdiction of the City of Delray Beach, Florida."
SECTION 2. That Sections 15A-2 "Penalty for violation of housing
code", 15A-3 "Provisions declared severable" and 15A-4 "Conflict with
other ordinances" are to remKin in effect and apply to Section i above.
SECTION 3. Nothing in this ordinance or in the code hereby
~dopted shall be construed to affect any suit or proceeding now pending
in any court, or any rights acquired or liability incurred, nor-any
cause or causes of action accrued or existing, under any act or ordi-
nance repealed hereby. ~[cr shall any right or remedy of any charaCter
be lost, impaired or affected by this ordinance.
SECTION 4. That if any word, phrase, clause, sentence or part
~f this ordinance shall be declared illegal by a court of competent
jurisdiction, 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 9th daY of July , i973. ·.
ATTEST: ' M A Y O R & /'..
.
City Cle r~;//
First Readin~ ·
Second Reading J~],7'- 9~ 197_~. ,