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50-91 ©RDINANCE NO. 50-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINI- STRATI ON", CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT" , SECTION 37 . 45 , "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION 37.45(G) AND ENACTING A NEW SUBSECTION 37.45(G) TO PROVIDE FOR COUI~"i~ COURT CITATION FINE CLASS SCHEDULE; PROVIDING A SAVINGS CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE.IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 37, "Delray Beach Code Enforcement", Section 37.45, "Supplemental code Enforcement Procedures", Subsection 37.45(G) of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed and a new Subsection 37.45(G) is enacted to read as follows: (G) The classes and schedule of fines shall be as follows: (1) Class I - $50.00 fine shall be assessed for (a) all violations not specifically enumerated in other fine classes, and (b) violations of Chapter 91, "Animals", excludin~ sea turtle provisions. (2) Class II - $75.00 fine shall be assessed for (a) repeat violations of Class I violations, (b) violations of the Land Development Regulations of the City of Delray Beach, (c) violations of Chapter 90, "Abandoned Property", (d) violations of Chapter 98, "Litter", (e) violations of Chapter 99, "Noise", If) violations of Chapter 131, "Offenses A~ainst Property". [3) Class III - $125.00 fine shall be assessed for (a) repeat violations of Class II violations, (b) violations of Chapter 91 re~ardin~ sea turtles, lc) violations of ChaRter 96, "Fire Prevention and Fireworks", (~) violations of Chapter 97, "Health and Safety", and (e) violations of Chapter 101, "Parks, Beaches, Recreation". (4) Class IV - $250.00 fine shall be assessed for repeat violations of Class III violations, (b) violations of Section 51.02, "Dumping on Property Owned by Others Prohibited", violations of Section 51.20, "Industrial and Hazardous Waste Disposal", Id) violations of Section 51.57, "Contagious Disease Refuse and H~odermic Needles", I e) violations of Section 51.59, "Offensive Deposits ~ Burying and Depositin~ in Waterways", and If) violations of Chapter 54, "Sewers Pertaining to Discharges into Sanitary Sewer System". Section 2. 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 deci- sion shall not effect the validity of the remainder hereof as a whole part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith be and the same are hereby repealed. 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 23rd day of Jul~~~~ City Cler~ - / ' First Reading. July 9, 1991 Second Reading July 23, 1991 2 ORD. NO. 50-91 BOYNTON BEACH NEWS i~ ~0~ AT ~ ~L~Y BKH, ~ORl~ ~RISED HEREIN; ~ ~N~ Published Daily '~ ~ ~'~ ~, ~' Monday thru Sunday v,0,~ , ~ C~U~; PR~D~ A~ EFF~C- Boca Raton, Palm BeaCh County. Florida ~,v~o~,~. Dolray Beach, Palm Beach County, Florida AN OROI,A~E ~ THE CI~ C~ 4,~1, COUNTY OF PALM B~AC~ ~m. ~UT~ES rCF) Before the undersigned authority personally Tu.s ~, ~ THE appeared NANCY WATT who on oath says that she r~ c~ ~ ~o~s is the Classified Advertising Manager of the Boca ~., ~.~w Raton News and the Delray Beach News, daily ~0. c~ao~ newspapers published at Boca Rat, on iii Pali~ ~ED ~N~ M A C~Oir~ usE, ~.D aEW~ suwc- Beach County, Florida; that the attached copy of T~ (~(D)m advertisement was published irt said newspapers TH,W ~(D)m); in the issues o[: ,K A GENEK RE~ER C~U~ ~IDIK AN EFFEC* TIVE ~. /991 / ~~ AN ORDI~E ~ THE Cl~ C~ P~l~ ~ PRimLY k ~BLtC NEAR ~ ~ll ~ ~ m ZONED ~D (~NNED RESI~ ~ ~ ~ ~t) M TI~ ~VELOP~NT) DISTRI~ 7:M P.~, (~ ~ ~ M M. ~D (S~ClAL ~TIVITIES) DI~ ~ ~ ~Kh i ~ ~ ~ ~ TRICT; ~ID ~ND BEING A P~R- m~), m J~ ~ ~, ~ ~ ~ CEL LYI~ IN S~T~ ~ T~ Afhant further says that the ~Jd ~OC~ ~O~ ~ C~ ~ wm M AND ~TED ~ THE N~TH News and Delray Beach News are newspapers pub- ~d~e(s) ~y ~ T~ M ~ ~EEN FE~bL HI.WAY ~D ~ M ~ C~ C~ it ~ ~ THE INT~T~ WA~RWAY; ~, FWd, ~ I:M k.~ M S:M MENT ~ U~ ~L~ED FOR ~ NI ~;~ ~ ~ ~ VtDI~ FOR SITE ~D DEVELO~ entered as second class matter at the post office in vi~m~.~- ~NT ~N APP~ WiTH Boca Raton, Palm Beach County, Florida. [o~ a ~e- ~~ ~. ~y ~ riod of one year next preeediz'~g the first p~lbltca- ANORDI~KE~ECIW~ ~ ~; ~lmm B~H, FLOR~ REZ~I~ ~ EF~IVE~ affiant further says that she has neither paid nor ~1~ ~ ~ESENTLY Z~ W (MULTIPLY F~LY promised any peraon, firm ov coPpora~Jon any dis- REII~I~ · ~ ~ count, rebate, eommiesion or refund fcc Lhe put- F~ILY RESI~NTIAL-L~ ~& Sl~) OI~TRI(T; ~10 ~NO pose of securing ghts advor~l~emen~ for publication In said newspapers. Sworn to and subscribed before me this or db -_(J (Seal. Notary Public. State of Florida at large)