53-91 ORDINANCE NO. 53-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRA-
TIVE PROVISIONS", SUBSECTION 2.2.4, "THE BOARD OF
ADJUSTMENT", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ENACTING A NEW PARAGRAPH 2.2.4(D) (6), TO
PROVIDE THAT APPEALS FROM THE DECISION OF THE BOARD OF
ADJUSTMENT SHALL BE TO THE CIRCUIT COURT; AND BY
AMENDING SECTION 2.2.5, "THE BOARD OF CONSTRUCTION
APPEALS", BY ENACTING A NEW PARAGRAPH 2.2.5(D) (4), TO
PROVIDE THAT APPEALS FROM THE BOARD OF CONSTRUCTION
APPEALS SHALL BE TO THE CIRCUIT COURT; PROVIDING A
SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, desires to clarify
the Land Development Regulations of the Code of Ordinances of the City
of Delray Beach, to ensure that all appeals from the Board of Adjustment
and the Board of COnstruction Appeals shall be to the Circuit Court of
Palm Beach County, as was previously required prior to the adoption of
the Land Development Regulations,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 2, "Administrative Provisions",
Article 2.2, "Establishment of Boards Having Responsibilities for Land
Development Regulations", Section 2.2.4, "The Board of Adjustment",
subsection 2.2.4(D), "Duties, Powers, and Responsibilities" of the Land
Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended by enacting a new
paragraph 2.2.4(D) (6), to read as follows:
(D) Duties, Powers, and Responsibilities:
(6) All decisions of the Board of Adjustment are final.
Any person or persons, or any Board, Taxpayer,
Department, Board, or Bureau of the City may aggrieve
any decision of the Board of Adjustment and may seek
review of such decision in the Circuit Court of Palm
Beach County.
Section 2. That Chapter 2, "Administrative Provisions",
Article 2.2, "Establishment of Boards Having Responsibilities for Land
Development Regulations", Section 2.2.5, "The Board of Construction
Appeals", subsection 2.2.5(D), "Duties, Powers, and Responsibilities",
of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended by
enacting a new paragraph 2.2.5(D) (4), to read as follows:
(D) Duties, Powers, Responsibilities:
(4) All decisions of the Board of Construction Appeals
are final. Any person directly affected by the
decision of the Board of Construction Appeals may
seek review of such decision in the Circuit Court
of Palm Beach County.
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 all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 5. 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 27th day of August, 1991.
ATTEST:
City ~lerk - '
First Reading August 13, 1991
Second Reading August 27, 1991
-2- Ord. No. 53-91
C~y CommiWen Ch~ ~1 N.W.
BOCA RATON NEWS
DELRAY BEACH NEWS
NEWS
BOYNTON BEACH
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~bHshed Dally
~lSSl~ ~ THE CI~ ~ ~Y
Boca ~aton, Palm Beach County, Florida
C~A~ER ~ ~ATER'~ SEC?~
Delray Beach. Palm Beach County, Florlda
OEVICES; ~EN RE~IRED;
SP~C~F~,
OF
OE~RAY B~C~, FCOR~ COn-
FLORZDA ~c~ A ~EF~E~ re A
OF
STATE RU~; ~1~ A
COUNTY OF PALM BEACH
VIOI~ A ~Vl~ C~U~;
VIDI~ AN EFF~TI~ ~TL
~efo~e ~e undorslgnod aughorlg7 p~sonally
appeared NANCY WA~ who on oath says that she
is the Classified Advertising Manager of the Boca
Raton News and the Dol~ay Boach Nows, daily
newspapers published at Boca Raton in Palm
Beach County, Florida; that the attached copy of
advertisemen~ was published in said newspapers
in the issues of:
Affiant further says that the said Boca Baton
News and Delray Beach News are newspapers pub- ~ ~ T.8 c~w
BEACH, FLORID~ ~ENDI~ A~
lished at Boca Raton. in said Palm Beach County, PENDIX ~ ~EFtNITI~, SECTI~
Florida. Monday ghrough 8und~y, and ha~e been ~o~ ~,~ u~.
entered as second class matter at the post office in {~, o,s,.,c~, ~,~
Boca Baton. Palm Beach County, Florida, for a pc- 0~ T~ ~ O~VE~O~E~
~Ea~U~O~S 0~
riod of one year next preceding the first publica- 0~0~Es ~
DELRAY ~, FL~I~ ~Y
tion of the attached copy of advertisement; and ~CT~ · ~m~T~
affiant further says that she has neithe~ paid nor ~a au~ ~o
promised any person, firm or corporation any dis- ~VEaNl~ ~aKEU
THE CIW ~ ~L~Y
count, rebate, commission or refund for the put- ~ETS ~ A C~DIT~
pose of securing this advertisement for publication ~.~NNE~EN~
in said newspapers. CENT~L l~J~
PR~I~ A GENE~ RE~AL-
ER C~U~ ~lOl~
F~IVE
m~ ~ ~ ~ C~m~
Sworn ~o ~nd subscribed before me ~his ~ ~ ~
day o A.D., 19
CITY ~ ~L~Y
(Seal,
e)Notary
My Commissio