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02-90 ORDINANCE NO. 2-90 ' AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 17, "LAND USE", CHAPTER 173, "ZONING CODE", "REZON- ING REQUESTS", SECTION 173. 886, "PROCEDURES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION B(3) TO PROVIDE THAT THE MAILING OF NOTICES FOR REZONING HEARING; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE AND PROVIDING AN EFFEC- TIVE DATE. WHEREAS, at the time of the recodification pursuant to Ordinance No. 31-88 adopted on second reading the 28th day of June, 1988, there was a scrivener's error which codified a public notice 30 days in advance of a public hearing before the Planning and Zoning Board for rezoning requests rather than the 10 days that has been the past practice and is the continuing intended practice of the City of Delray Beach, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAy BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title 17, "Land Use", Chapter 173, "Zoning code", "Rezoning Requests", Section 173.886, "Proce- dures", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by amending subsection B(3) to read as follows: (3) In all proposed rezoning proceedings that are initiated by someone other than the property owner or his repre- sentative~ the City will mail a notice to the property owner whose property is the subject of the rezoning proceeding. The mailing shall be to the owner of the property as such appears on the latest official county tax rolls by regular mail. The mailing shall be at least ~ 1.0 days in advance of the public hearing. 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 That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed.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 cempetent 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 upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 30th day of January , 1990. ATTEST: Ci~ CZer~ / First Reading January 16, 1990 Second Reading January 30, 1990