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06-93 ORDINANCE NO. 6-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, A~IENDING SECTION 37.15 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE REDUCTION OF THE NUMBER OF ALTERNATE MEMBERS OF THE CODE ENFORCEMENT BOARD; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires that the Code Enforcement Board of the City of Delray Beach only have two alternate members, in order to comply with Florida Statutes Chapter 162. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELI{AY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 37, "Delray Beach Code Enforcement", Section 37.15, "Composition; Appointment of Members", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 37.15 COMPOSITION; APPOINTMENT OF MEMBERS. The Code Enforcement Board shall be composed of seven regular members, along with ~9~ two alternate members, appointed by the City Commission. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor, and a realtor. Section 2. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 3. 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. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 9th day of February , 1993. ATTEST: ~City Cl~rk ' First Reading January 26, 1993 Second Reading February 9, 1993 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~I SUBJECT: AGENDA ITEM # %~ - MEETING OF FEBRUARY 9. 1993 ORDINANCE NO. 6-93 DATE: February 5, 1993 This is the second reading of an ordinance amending Section 37.15 of the Code of Ordinances to provide for a reduction of the number of alternate members of the Code Enforcement Board. This ordinance follows Commission direction to have only two alternate members on the Board and complies with Florida Statutes Chapter 162. At the January 26th regular meeting Ordinance No. 6-93 was passed on first reading by a 5-0 vote. Recommend approval of Ordinance No. 6-93 on second and final reading. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~j SUBJECT: AGENDA ITEM # /~ - MEETING OF JANUARY ~6J 1993 ORDINANCE NQ, 6-93 DATE: January 22, 1993 This is first reading of an ordinance amending Section 37.15 of the Code of Ordinances to provide for a reduction of the number of alternate members of the Code Enforcement Board. This ordinance follows Commission direction to have only two alternate members on the Board and complies with Florida Statutes Chapter 162. Recommend approval of Ordinance No. 6-93 on first reading. [IT¥ I]F [IELRRqd' BEfl[H CITY ATTORNEY'S OFFICE ~°~ ~'~ "~ ^¥~' ~'~'^¥ "~^~"' ~°"~^ ~"" FACSIMILE 407/278-4755 w~'.~'la.m,z' · ~ D:Lx',m,~'~. :T.,.,.I.~"-.,~ (407) 243-7090 MEMORANDUM ~C~/~D Date: January 14, 1993 ~N t 4 t~3 TO: City Commission C/T~M~N~0~/C£ From: David N. Tolces, Assistant City Attorney' Subject: Revision to Code Enforcement Board Code Provisions - Alternate Members Pursuant to direction given at the January 29, 1991, the number of alternates on the Code Enforcement Board has been reduced to two members. Therefore, at this time, it would be appropriate to revise Section 37.15, "Composition; Appointment Of Members" in order to reflect the desire to have only two alternate members. The code presently allows for up to seven alternates. (See attached memo from City Attorney Jeff Kurtz). Approva]~o this ordinance will bring the City in line with the state statutes. If you have any questions, please call. DNT:sh Attachments cc: David Harden, City Manager Richard Bauer, Code Enforcement Administrator Norma Smith, Code Specialist Anita Barba, Board Secretary Cheryl Leverett, Agenda Coordinator members .dnt Da~e; ~anuar~ 25~ 1991 TO: Ci~¥ Commlsolofl Sub)eec; Code Ento~cemen~ Board A~e=na~es Out ~e.#3)-~.00~ ...... _ The.. makeupof the C~cy'u COde gntotcement BOard Section 37.15 et ou= Co~e and cOfllll~l Ot seven =egu~a= and eeve~ alta=mate me=er=. Incluae~ vLth numecous oChe= changes leve~al yea~$ ago, 8~ace statutes on code ]~)a=ds ve=e ~ended ~o ~oggLge on~y seven :egul~ me~8 And ~vo alternateS. 0u~ o=dtnances v.re amended CO co~ne~de w~ch State i~a~u~e8 with the exception of the =eduction ~ the nu~ of altec.ekes. The ~eaeon it was not changed at ~ ~1~ was ~cause the City Co, listenvas conGempla~Lng o~ea~lng a 8econd leven Code Bo~d ~o ~he 'oc~nal code : .... c~ie load )n. alleviate ~he Boa=d. Haddar change ~aXen place, ~he plaa wes ~o= a.lCe=na~ me~8 ~o~come :egular me~s on ~he uecond boa~d. · O~vAously ~he lecond' board has no~ ~en desire d~cec~on on vhe~hec ~he. Co=~l~on ~lhes ~o continue having seven aL~ecntCe me~l ~o ~he ~htle no~ tn tota~ convexity w~th the Scale itatutes, I du not ~ieve ~he Mkeup Ot OU~ ~ wOUld ~ ~he s~Jec~ of a challenge, l~ Il ou~ office's opinion ~haC having a di~fe=en~ nu~e~ o~ iI~e:na~el ~han ~al con~e~la~ed $~a~u~el is within' ~he Co~/li/on's I would luggeu~ ~hat no further alternate appoAn~en~e ~ made until such time as we are down ~o ~he Last ~wo alternates end ~hen 4men~ ~he ordAflance wh:8 would Xoave us An ~ situation where ~heFe voulc ~e up ~o ~Ave ufl~Axxed alternate ~oiC~ons on the Board and during the~ '~erLod o~ cLme the City Clegk ~ O~lce could monltog the need ~o~ cc: DaVAd Harden, City Manager Lula Butler, Director o~ Co.unify Improvement BOCA RATON ~ DELR^Y~ ,,~ EWSBEACH BOYNTON BEACH~ DEI~RFI~: LD BEACH ~~ OF~EGU~TiONSTB~ ~A~OOF THEDE~E~O~E~COOE 0F lhe ~ll~ing ~ ~aina~ al DELRAY BEACH. FLORIDA, TO Published Daily ~,.,~,, . r~a,, F~r~rv ,,HISTOPIC DISTRICTS; P,OVIDING ]~3, in the CiH Commissi~ Cha~ A SAYING CLAUSE, A GENEPAL RE~ALE~ C~USE. Boca Raton, Palm Beach County, Florida s,. will c~si~ ~ir a~ti~. T~ Delray Beach, Palm Beach County, Florida ., ,~ ~,ce. ,~ c,. Cl~k., ~ CiH Hall. Iffi N.W. Ist Av~, ~tra~ AN OPDINANCE OF THE CITY COM. Beach, Finite, from 8:ffi A.M. ~ 5:ffi MISSION OF THE CITY OF DELRAY P.M, ~y ~ Fri~y, excel BEACH, FLOPIDA, ~END{NG STATE OF FLORIDA ~t,o,~.~Or~,....~ sc.~ s~u*~E .,STO,,C O~StRICI tOSSHAO)', O~ THE COUNTY OF PALM BEACH ~~ ~No O~VE~O.~E.T TIONS OF THE CODE OF AN ORDINANCE O~ THE CITY CO~- ~A~CES OF THE CITY O~ DE:RAY Before the undersigned authority ~ersonally ~,ss,o, oF THE CITY OF DELRAY 8EACH, FLORIDA; PROVIDING l appeared Nancy Smith, Inside Sales Man- DEVELOPMENTTION 4.6.7, 'SIGNS',REGU~TioNsOF THE LANDoF TIVEDATE.PEALER CLAUSE. AND AN EF~EC- THE CODE OF ORDINANCES OF ager of The News, daily newspapers pub- THEREPEALiNGCITY OF OELRAYsuB.SUBSECTioNBEACH BY lished in Boca Raton in Palm Beach County, ,.,.,,o,,,, 'BANNER SIGNS AND AN ORDINANCE OF THE CITY CO~ F~GS', AND ENACTING A NEW MISSION OF THE CiTY OF DELRAY Florida; that the attached copy of advertise- SU~SUeS~CTIO" 4.'.7(C)(5),~EAC", FCO~IOA, ~E"OINO ~BANNERS AND WINO S~GNS', TO CHAPTER 4, 'ZONING REGU~. Bent was published in said newspapers in ~ov,oE FOR THE PROHISfTION TION~, ~ON~NG REGU~TIONS', O~ 8ANNE~ SIGNS AND WiND SUBSECTION t6.9(~), 'LOCATION SIGN~; BY ENACTING A NEW OF PARKING SPACES', OF TWO ~GS TO ADVERTISE OPENNANCES OF THE CITY OF OELRAY HOUSES OR APARTMENTS, FOR BEACH, FLORIOA, BY ~ENO~NG cR_3 FLYINGF~GSOFSERVICEORGA- SUO-SUBSECTION ,.,.',~1(,I, ~I~TIO~S k~ T~MES O~ MEET- LI~O FPP, TO PROVIOE THE ..~ ~_1~ /~l . lNG. AND TO PROVIDE FOR T~E IN-LIEU FEE OPT*ON TO THE OLD ~ -- - ~ ' FLYING OF NO MORE THAN SCH~L SQUARE HISTORIC ARTS THREE (3) F~GS ON PROPERTY DISTRICT (OSSHAD); PROVIDING A LE~ THAN ONE ACRE AND ONE~WNG C~USE, A GENE~L RE- F~ PER IS.~ ~UARE FE~T ONP~ALER C~USE, ~NO A~ EFFEC. PR~R~ GREATER THAN ONE TIVE DATE. ACRE; ~ENOI~ APPENDIX ~ ~e; ~101~ A RE~ER AN ORDINANCE OF THE CITY C~ C~U~ A ~YJ~ C~U~ ~ MISSION OF THE CITY OF OELRAY Affiant further says that The News is a ..~.~,v~.~. ,E~c,. ~Lo,,o~. CHAPTER ~, 'ZONING REGU~- newspaper published in Boca Raton, in said ~}~ ,,0.s., SECTION ,.4.=. through Sunday, and has been entered as T,..;~S. ~'~-~,. [~ o~ O,O,...cEs o~ OF ~*. a~*C~, ~o.,- second class matter at the post office in "*~' ~ ~,0~ ~. T.~ o*. .. ~.o,.o ~IDI~ ! 'GENER~ RG~L- USE; PROVIDING A SAVING for a period of one year next preceding the ~. c~. A. ~v,~ ~US~. C~US~, ~ o~.~.~ A~E~!~TZ : C~USE, AND AN EFFECTIVE first publication of the attached copy of ~,~ advertisement; and affiant further says that ~. o.o,.A~ o, ,< C,T. c~ he has neither paid nor promised any .,ss~ OF ~ C,TY O~ O~L*AY ~. O.O,.A.CE ~ T.~ CITY C~ 8~CH, FLORIDA CORRECTING MI~ON OF THE CI~ OF ~L~Y TICU~RLY OE~RIBED HEREIN,T~ON~, SECTION rebate, commission or refund for the put- FR~ ~ (P~NNED C~ER- ~VELOPMENT STANDARDS pose of securing this advertisement for pub- (AUT~TIVE C~RCIAL) Ol~ ~NT REGU~TIONS OF THE TRICT; ~0 ~NO BEI~ L~T- CODE OF ORDINANCES O~ T~E EO ON rUE ~ SIDE ~ FEOER- CITY ~ OEL~AY $EACH, FLO~- lication in said newspapers. ,L HIG"'AY, ~UT" O' LJ"TO"~, TO ~EOUCE T"~ BOULEVARD; AND CORRECTI~ R~R SETBACK FOR DUPLEXES ~ONI~ ~P ~ ~LRAY B~CH, IN THE RL AND ~M ZONING O1~ FLORI~, 1~; PROVIDING A TRICTS ~R~ ~ FEET TO GENE~L REPEALER C~USE, A FEET; PROVIDING A SAVING ~VING ~USE, AND AN EF~EC- C~USE, A GENERAL REPEALER  T~VE ~TE. C~USE, AND AN EFFECTIVE ~ ~ t t~ DATE. AN ~OlNA~E ~ THE CI~ C~ ~ ~ ~ ~ my MINION OF T~E CITY OF DEL~Y ~ ~ ~ Ci~ ~ w~ BEACH, FLORIO~ ~ENDI~ k~ ~ e ~y ~ ~i~ Sworn to and subscribed before me this ,.~ ~.o OEVELO.ME.T ~EG~ ~,l ~ , r~. ~ ~ ~ 8E~, FLORI~ BY ~ENOI~ ~m ~ J~l~ ~ THE DEFINITION OF ~ILW; ~ w~ ~ ~ ~ ~l AN ORDINAKE ~ THE Cl~ C~ Ci~ C~k MINION OF THE CITY ~ DEL~Y CHAPTER & ~ONIK REGU~ THE TION~, SECTION ~l(J), (Seal, Notary ~ State of Florida at large) ..s.a~,o A~ ON"RE~RVATI~vARIANCE .E~ESTS',~O CH RLEN O'NE, .