Ord 47-07
ORDINANCE N0.47-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 1.4.1, "INTERPRETATION OF
LAND DEVELOPMENT REGULATIONS", SUBSECTION (A),
"BUILDING REGULATIONS"; AMENDING ARTICLE 2.2,
"ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR
LAND DEVELOPMENT REGULATIONS"; AMENDING SECTION
2.2.1, SUBSECTION (A), "QUALIFICATIONS"; AMENDING SECTION
2.2.4, "THE BOARD OF ADJUSTMENT", AND REPEALING SECTION
2.2.5, "THE BOARD OF CONSTRUCTION APPEALS", IN ORDER TO
COMBINE BOTH SECTIONS INTO A NEW SECTION 2.2.4, "THE
BOARD OF ADJUSTMENT"; AMENDING SECTIONS 2.4.3,
"SUBMISSION REQUIREMENTS", SUBSECTION (I~(1),
"DEVELOPMENT APPLICATIONS", IN ORDER TO REMOVE
REFERENCE TO BOARD OF CONSTRUCTION APPEALS;
AMENDING SECTION 7.1.3, `BUILDING CODE", SUBSECTION (A),
SECTION 7.8.9, "INVESTIGATION; NOTICE", SUBSECTION (A)(5),
SECTION 7.8.12, "STANDARDS FOR DETERMINING ACTION TO BE
TAKEN BY BUILDING OFFICIAL", AND REPEALING SECTION
7.8.13, "PROCEDURAL MATTERS, BOARD OF CONSTRUCTION
APPEALS", AMENDING SECTION 7.8.14, "APPEALS, GENERALLY;
BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.15,
"DECISIONS, GENERALLY", SECTION 7.8.16, "APPEALS,
AUTHORIZED FORM", SECTION 7.8.17, "HEARING, FAILURE TO
APPEAR AT HEARING, BOARD OF CONSTRUCTION APPEALS",
SECTION 7.8.18, "RULES OF PROCEDURE FOR HEARING APPEALS,
BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.19, "STAYING
OF NOTICE UNDER APPEAL TO BOARD OF CONSTRUCTION
APPEALS", SECTION 7.8.20, "FAILURE TO COMPLY WITH FINAL
ORDER OR DECISION", SECTION 7.8.21, "RECOVER OF COST OF
DEMOLITION; LIENS", AND SECTION 7.8.22, "VIOLATIONS;
PROVIDING FOR INDEPENDENT JUDICIAL PROCEEDING", IN
ORDER TO SUBSTITUTE `BOARD OF ADJUSTMENT" FOR "BOARD
OF CONSTRUCTION APPEALS"; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on September 17, 2007 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to combine the
Board of Adjustment and the Board of Construction Appeals into one board called the Board of
Adjustment in order to provide for a more efficient, more effective board; and
WHEREAS, the City Charter requires a Board of Adjustment be established; and
WHEREAS, the City desires to abolish and disband the Board of Construction Appeals and
add its duties to the Board of Adjustment; and
WHEREAS, the City desires to disband the current Board of Adjustment and create a new
Board of Adjustment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
ectio 1. That Section 1.4.1, "Interpretation of Land Development Regulations",
Subsection (A), "Building Regulations", of the Land Development Regulations of the Ciry of Delray
Beach, Florida, shall be amended to read as follows:
Section 1.4.1 Interpretation of Land Development Regulations
(A) Building Regulations: All questions of interpretation of Chapter Seven,
Building Regulations, shall first be presented to the Chief Building Official. Such questions
shall be presented to the Board of Adjustment only upon an appeal from
the decision of the Chief Building Official.
Section 2. That Article 2.2, "Establishment of Boards Having Responsibilities for Land
Development Regulations", Section 2.2.5, "The Board of Construction Appeals" of the Land
Development Regulations of the Ciry of Delray Beach, Florida, is hereby repealed in its entirety.
ARTICLE 2.2 ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES
FOR LAND DEVELOPMENT REGULATIONS
This Article establishes the Boards which are primarily responsible for the implementation and
application of these Land Development Regulations. General provisions which govern each
Board along with specific provisions for individual Boards and establishment of powers, duties,
and responsibilities are set forth herein.
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Section 2.2.1 General Provisions
(A) Qualifications
(B) Compensation and Reimbursements
(C) Evening Business Meetings
(D) Appointment and Term, Officers
(E) Meetings
(F) Removal of Members, Vacancies
(G) Assignment of Administrative and Legal Support Services
Section 2.2.2 The Planning and Zoning Board
Section 2.2.3 The Site Plan Review and Appearance Board
Section 2.2.4 The Board of Adjustment
Section 2.2.6 The Historic Preservation Board
Section 3. That Section 2.2.1, "General Provisions", Subsection (A), "Qualifications", of
the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to
read as follows:
(A) Qualifications: A member shall either be a resident of, or own property in the
City, and/or own a business within the City
. Additional qualifications may be established for
individual boards.
e 'on That Section 2.2.4, "The Board of Adjustment", of the Land Development
Regulations of the City of Delray Beach, Florida, shall be amended to read as follows:
Section 2.2.4 The Board of Adjustment:
(A) Creation: A Board of Adjustment for the City of Dekay Beach is hereby
created under the authority of the City Charter Section 3.08.
(B) Composition: The Board of Adjustment shall consist of five regular members.
In addition, there shall be two (2) alternate members. In the absence of a regular member, an
alternative member shall be called to sit, and act in lieu of the regular member, by the
Chairperson of the Board.
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(C) Meetings and Quorum:
(1) The Board of Adjustment shall hold two regularly scheduled business
meeting each month. However, the required regular meetings shall be canceled if there
are no petitions before the Board.
(2) A quorum of the Board consists of four (4) members. The concurring
vote of four (4) members shall be necessary to decide in favor of an applicant with
respect to reversing a decision of the Chief Building Official or the granting of a
variance.
(3) The Chairperson may administer oaths and compel the attendance of
witnesses.
(D) Duties, Powers and Responsibilities:
(1) The Board hereby has the authority to hear and decide appeals where it
is alleged there is an error in any order, requirement, decision, or determination made by
the Chief Building Official, with the exception of interpretations of use matters and
other items specifically preempted or granted to others pursuant to these Land
Development Regulations.
(2) The Board, so long as its actions are in conformity with the terms of
these Land Development Regulations may reverse or affirm, wholly or partly, or may
modify the order, requirement, or decision, or determination appealed from and may
make such order, requirements, decision, or determination as ought to be made, and to
that end shall have powers of the chief Building Official from whom the appeal is taken.
l3) The Board has the authority to take action on duly filed appeals with
respect to the action of the Chief Building Official concerning interpretation,
administration, or enforcement of the following
f a) Building Code, Article 7.1. except Sections 7.1.5 through 7.1.7
(b,~ Electrical Code, Article 7.2
(c) Gas Code, Article 7.3
(d) Housing code, Article 7.4
(e) Mechanical Code, Article 7.5
(fl Plumbing code. Article 7.6
{~ Elimination or Repair of Unsafe Building. Article 7.8
lh) Moving of Building, Article 7.10
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{3} ~ The Board hereby has the authority to grant variances and hear appeals
from the provisions of
(a) The General Development Standards set forth in Section 4.3.
(b) Regulations found in the Flood Damage Control Overlay
District, Section 4.5.3.
(c) The supplemental district regulations (Article 4.6) except where
said authority is expressly prohibited or granted to others.
(d) Fire Prevention Codes, Chapter 96 of the City Code, per Section
96.06.
(e) "District Regulations and Incentives" in Section I of the Beach
Property Owners Design Manual for North Beach & Seagate
Neighborhoods as set forth in Section 4.5.13.
f 4} j~5 The Boazd has the authority to grant variances to the Noise Code
pursuant to City Code Section 99.30.
j~i The Board shall be prohibited from considering.
~ j,;~, Use variances,
~ jb ., azchitectural elevations,
~ ~ landscaping plans,
~ j~ Variances for signs and signage,
~j~, Any variance action within a designated Historic Preservation
District or upon a Historic Site,,
~ j,~ Variances to height regulations,
~ ,Q To provide "good offices" and assistance to other governmental boazds,
commissions, and committees in the fulfillment of goals, objectives, and policies of the
Comprehensive Plan.
~ ~ 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.
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Section 5. That Section 2.2.5, "The Board of Construction Appeals", of the Land
Development Regulations of the City of Delray Beach, Florida, shall be repealed in its entirety.
ORD. N0.47-07
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'on 6. That Section 2.4.3, "Submission Requirements", Subsection (K), "Fees", of the
Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as
follows:
(I~ Fees: Processing fees shall be collected for development applications. The fees
shall be as established herein and as modified by ordinance of the City Commission.
(1) Development Applications: The following fees shall be charged for
development applications. All fees are cumulative and separate unless otherwise indicated.
Combined applications shall provide multiple fees.
(p) Formal interpretation by the Board of Adjustment $ 60
(uer item) $ 60
(t) Hearing before the Board of ~er~st~eges-~4ppeals A tment $ 60
(per item) $ 60
Section 7. That Section 7.1.3, `Building Code", Subsection (A), of the Land Development
Regulations of the City of Dekay Beach, Florida, is hereby amended to read as follows:
Section 7.L3 Building Code:
(A) Adopted by Reference: The 2001 Florida Building Code, as amended, and the
amendments to the 2001 Florida Building Code as adopted by Palm Beach County are hereby
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adopted and incorporated as if set forth herein, except as amended in Section 7.1.2(B) of this
Article. This Article also adopts the 1999 Windborne Debris Impact Standard (SSTD 12-99).
If a later edition of this code or subsequent amendments are made to the applicable tlini*num
code, then those revisions or amendments shall automatically become the adopted code under
this chapter.
(1) Appeals concerning interpretation or administration of the provisions of
this chapter shall be heard by the Board of lea-~rppeals Adjustment.
Section 8. That Section 7.8.9, "Investigation; Notice", Subsection (A)(5), of the Land
Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows:
Section 7.8.9 Investigation; Notice:
(A) The Chief Building Official or his designee shall cause a title search to be made
of the affected property to determine the names of all persons having an interest in the
property. The Chief Building Official or his designee shall then prepare and issue a Notice of
Unsafe Building/Structure directed to the owner of record and all persons having a legal
interest in the property, including all known tenants. The notice shall contain, but not be
limited to, the following information:
(1) The street address and legal description of the building, structure, or
premise, as disclosed by the tide search and/or County or City records.
(2) A statement indicating that the building or structure has been declared
unsafe by the Chief Building Official or his designee and a detailed report documenting the
conditions determined to have rendered the building or structure or portion thereof unsafe
under the provisions of this chapter.
(3) The action required to be taken as determined by the Chief Building
Official or_his designee.
(a) The notice shall require that all necessary permits be secured and
the repair work be commenced within 60 days from the date of
service of the Notice of Unsafe Building/Structure, and
continued to completion within 6 months from the date the
permits are available for issuance. The notice shall also set forth
the provisions of Section 7.8.4 of this chapter.
(b) If the building or structure is to be vacated, the notice shall
indicate the time within which vacation is to be completed.
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(c) If emergency action was taken by the Chief Building Official or
his designee pursuant to 7.8.12(C), the notice shall state the
emergency action taken and any costs incurred.
(4) The notice shall state what action shall be taken by the Ciry in the event
that repairs are not made in accordance with the directions in the Notice of Unsafe
Building/Structure. The Chief Building Official or his designee may in that case bring the
matter before the Code Enforcement Board or order the building to be vacated and demolished
or boarded up in accordance with the standards set forth in Section 7.8.12 of this chapter.
(5) A statement advising that any person having a legal interest in the
property may appeal the finding of the Chief Building Official or his designee to the Board of
Eenst~e~ie~peals Adjustment and that the appeal shall be in writing in the form specified
in Section 7.8.14 and 7.8.16 of this Chapter, and must be received by the Chief Building Official
or his designee no later than thirty (30) days from the date of service of the Notice of Unsafe
Building/Structure and that failure to deliver an appeal in the correct form in the time specified
will constitute a waiver of all rights to an administrative hearing.
Section 9. That Section 7.8.12, "Standards for Determining Action to be Taken by
Building Official", of the Land Development Regulations of the Ciry of Dekay Beach, Florida, is
hereby amended to read as follows:
Section 7.8.12 Standards for Determining Action to be Taken by Building OfficiaL• The
following actions shall be taken by the Chief Building Official or his designee when ordering the
repair, vacation, demolition or boarding up of an unsafe building or structure or portion
thereof:
(A) If the building or structure poses an immediate hazard to the life or to the safety
of the occupant or user thereof, or to the neighborhood, or to the public, or to the property of
others, it shall be ordered immediately vacated. Additionally, where the building is not repaired
in the time permitted, it will be ordered vacated and demolished, in accordance with the general
guidelines in this section.
(B) The building or structure will be ordered demolished when the condition of the
building structure or portion thereof is sufficiently unsanitary, unsafe, unsecured, unguarded or
detrimental to neighboring properties due to lack of completion, upkeep or exterior
maintenance and where the required repairs are not performed within the time prescribed in the
Notice of Unsafe Building/Structure or by order of the Board of
stm nt, and where the continued existence of the structure poses a hazard to the health or
safety of the public or the occupants or users of the effected building or to the property of
others. This applies even if the building is secured against entry and where the building is
9 ORD. N0.47-07
sufficiently damaged, unsound, unsafe, unsanitary or detrimental to property values in the
vicinity due to incomplete condition or lack of maintenance and upkeep.
(C) In certain cases where the Chief Building Official or his designee, based upon
his own experience and knowledge, or upon the advice of fire officials, determines that an
immediate peril exists and that certain preventative action must be taken immediately without
notice or title search to prevent injury to occupants, neighbors or the public or destruction of
the property of neighbors or the public, the Chief Building Official or his designee may order
immediate preventative actions which may include, but shall not be limited to, vacating the
property, demolition, erecting fences or other barricades, boarding up, ordering the
disconnection of power and water supplies and the City may assess the costs of such action as
alien upon the property in accordance with this chapter. In the aforementioned cases, a Notice
of Unsafe Building/Structure shall be served after preventative action is taken in the same
manner as when action is taken after service. An appeal to the Board of
Adjustment based upon an emergenry action is proper only as it relates to costs incurred by the
City, providing such appeal is received in the form prescribed by Sections 7.8.9, 7.8.14, and
7.8.16, and is received by the Chief Building Official no later than 30 days after service of the
Notice of Unsafe Building/Structure.
(D) The Chief Building Official or his designee shall have the authority to approve
one extension of time to complete repairs to make a building or structure safe or to complete
demolition. Such extension shall not exceed 60 days from the original expiration date for repair
or demolition. The extension shall only be granted where the Chief Building Official or his
designee determines that a good faith effort is being made to correct the unsafe condition, and
that the extension will not unreasonably endanger the public. The building official may require
that premises be guarded by fencing, barricading or other means until all repairs are made or
demolition is completed.
'on 10. That Section 7.8.13, "Procedural Matters, Board of Construction Appeals", of
the Land Development Regulations of the City of Dekay Beach, Florida, is hereby repealed in its
entirety:
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'on 11. That Section 7.8.14, "Appeals, Generally, Board of Construction Appeals", of
the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as
follows:
Section 7.8.14 Appeals, Generally; Board of Adjustment:
(A) Appeals to the Board of C-e peels s n may be taken by any
person aggrieved, or by any officer or bureau of the governing body of the City, affected by any
decision of the Chief Building Official concerning interpretation, .administration, or
enforcement of the following provisions of the Land Development Regulations:
(1) Building Regulations: Article 7.1 except Sections 7.1.5 through 7.1.7
(2) Gas Code: Article 7.3
(3) Mechanical Code: Article 7.5
(4) Plumbing Code: Article 7.6
(5) Electrical Code: Article 7.2
(6) Housing Code: Article 7.4
(7) Unsafe Building/Structure: Article 7.8
(8) Moving Buildings: Article 7.10
(B) It is the intent of this subchapter that all questions of interpretation,
administration, and enforcement shall first be presented to the Chief Building Official.
Questions shall be presented to the Board of A 'u tm n only as an
12 ORD. N0.47-07
appeal of the Chief Building Official's determination. Appeals shall be filed in writing via
certified U.S. Mail return receipt requested, and received by the Chief Building Official no later
than 30 days after receipt of a written decision from the Chief Building Official except as
specified in 7.8.9. The form of the appeal is as specified in 7.8.16. The Chief Building Official
shall forth with transmit to the Board all papers constituting the record on which the appeal is
based.
Section 12. That Section 7.8.15, "Decisions, Generally", of the Land Development
Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows:
Section 7.8.15 Decisions, Generally: In exercising its powers, the Board of men
z4ppeals Adjustment, so long as the action is in conformity with the terms of existing
ordinances, may reverse or affirm, wholly or partly, or may modify the order, requirement,
decision, or determination appealed from and may make the order, requirement, decision, or
determination as should be made, and to that end shall have powers of the Chief Building
Official from whom the appeal is taken.
ti n 13. That Section 7.8.16, "Appeals, Authorized Form", of the Land Development
Regulations of the City of Dekay Beach, Florida, is hereby amended to read as follows:
Section 7.8.16 Appeals, Authorized Form:
(A) For all authorized matters other than Unsafe Building/ Structure, any person or
persons who have an interest adversely impacted by the Chief Building Official's decision may
file an appeal.
(B) For Unsafe Building/Structures, any person entitled to service in accordance
with the provisions of Section 7.8.9 may appeal any action of the Chief Building Official or his
designee.
(C) Appeals must be in the form described below:
(1) Identification of the land, and building or structure by street address
and/or legal description, as appropriate.
(2) A statement identifying the legal interest of the appellant or the interest
of the appellant adversely impacted by the Chief Building Official's decision.
(3) A statement identifying specific portions or sections of the Notice of
Unsafe Building/Structure or written decision of the Chief Building Official which are being
appealed.
13 ORD. N0.47-07
(4) A statement detailing the issues on which the appellant desires to be
heard in relation to (3) above.
(5) The legal signature of the appellant(s) and his official mailing
address(es).
(D) Upon receipt of an appeal, the Board of Ee~sterz-~4ppeels Adjustment shall
fix a date, time, and location for the hearing of the appeal. The hearing date shall not be more
than 30 days from the date the appeal was received by the Chief Building Official unless the
appellant agrees to a later date or the City demonstrates good cause
(E) Waiver of Appeal: All appeals must be received by the Chief Building Official
no later than 30 days from the date of service the Notice of Unsafe Building/Structure or 30
days after receipt of the Chief Building Official's written decision which is appealed. Failure to
appeal within the time period specified shall constitute a waiver and shall make_the decision of
the Building Official a final decision or order.
n 14. That Section 7.8.17, "Hearing; Failure to Appear at Hearing, Board of
Construction of Appeals", of the Land Development Regulations of the City of Delray Beach, Florida,
is hereby amended to read as follows:
Section 7.18.17 Hearing; Failure to Appear at Hearing, Board of
~ Adjustment:
(A) Scope of hearing.
(1) 'The hearing shall offer the appellant(s) reasonable opportunity to be
heard on only those specific matters or issues raised in his written appeal. Other persons
having a legally cognizable interest in the property but who did not register a written appeal may
be heard at the Board of 'Adjustment's discretion on only those matters
or issues raised by the appellant on his appeal and only to the extent that they affect the legally
cognizable right of the person seeking to intervene in the appeal.
(2) The Chief Building Official or his designee shall offer relevant testimony
to the Board and/or the Chief Building Official may call others to testify who may offer
relevant testimony.
(3) The appellant or other person with a legally cognizable interest may
appear at the hearing in person or through his attorney or other designated representative.
(4) The Board, in hearing appeals under this chapter, shall determine
whether the decision of the Chief Building Official or his designee as to the unsafe condition of
14 ORD. N0.47-07
the structure or the remedial action required or his interpretation, administration or
enforcement of relevant matters, as related to those matters raised by the appellant, is
appropriate under the guidelines of this chapter. With regard to emergency actions, the Board's
sole determination shall be to determine whether the costs incurred were reasonably related to
the action undertaken.
(B) The failure of any person to appear at the hearing set by the Board of
Adjustment without permission from the Board shall constitute a waiver
of his right to an administrative hearing on the Notice of Unsafe Building/Structure or other
matter appealed. The Board of etiea-z4ppeRle d'us en may, for good cause shown,
excuse the failure to appear and set a new hearing date.
n 1 That Section 7.8.18, "Rules of Procedure for Hearing Appeals, Board of
Construction of Appeals", of the Land Development Regulations of the City of Delray Beach, Florida,
is hereby amended to read as follows:
Section 7.8.18 Rules of Procedure for Hearing Appeals, Board of
~esls Adjustment:
(A) Reasonable Dispatch: The Board of Eetieesrls Adjustment shall
proceed with reasonable dispatch to conclude any matter before it.
(B) Form of Hearing Notice to Appellant(s):
(1) The Hearing Notice shall include, but not be limited to, the following
information:
(a) The date, time, and place of the hearing;
(b) The legal description and/or address of the subject property, as
applicable;
(c) A statement that persons may be represented by counsel; and
(d) A statement that appellants may present all relevant testimony on those
issues which they intend to raise in accordance with their appeal request
as addressed to the Chief Building Official.
(C) Procedures for Hearing:
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(1) The Hearing Notice shall be served personally or by certified mail,
return receipt requested, at least 7 days prior to the hearing date unless the appellant waives
such requirement.
(2) The Board of Adjustment may grant a
continuance for good cause.
(3) When the hearing is scheduled, the Board of
Adjustment shall:
(a) Hear from the Chief Building Official or his designees or others
who may offer relevant testimony as to and as applicable to:
(i) The Notice of Unsafe Building/Structure and all
attachments thereto or other matters being appealed.
(ii) Proof of service of the Notice of Unsafe
Building/Structure on the owner of record and on any
person determined from official public records to have a
legal interest in the property or proof of service or
receipt by the appellant(s) of any other written decision
which is being appealed.
(iii) The time of posting the Notice of Unsafe
Building/Structure, including time to vacate, if any, and
the location of the notices on the building or structure.
(iv) The particulars of the defects and conditions determined
to have rendered the building or structure or portion
thereof unsafe under the provisions of this chapter, with
photographs as necessary.
(v) The recommended corrective actions to be taken and the
reasons for the recommendations.
(vi) Corrective actions, if any, already undertaken.
(vii) The reasons and bases supporting the written decision
made by the Chief Building Official which is being
appealed.
(b) Hear from other interested parties present in accordance with
requirements of this chapter.
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(4) Evidence:
(a) The Hearing before the Board of
'ustm n shall not be required to be conducted in accordance
with the technical rules relating to evidence and testimony.
(b) In any proceedings under this chapter any member of the Board
shall have the power to administer oaths and affirmations and to
certify official acts.
(c) Oral evidence shall be taken only on oath or affirmation.
(d) Hearsay evidence may be used for the purpose of supplementing
or explaining any direct evidence. The further use of hearsay
evidence shall be limited to that which would be admissible in
civil court
(e) Relevant evidence shall be admitted if it is the type on which
responsible persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law or
statutory rule which might make improper the admission of
evidence over objection in civil courts.
(5) The Board of Adjustment may inspect any
building, structure or portion thereof involved in the appeal during the course of the hearing,
provided the following are complied with:
(a) Notice of an inspection is given to the appellant prior to the
inspection;
(b) The appellant is allowed to be present during the inspection; and
(c) The Board members conducting the inspection state for the
record, upon completion of their inspection, the conditions
observed and any conclusions drawn therefrom.
(6) When an appeal is heard before the Board itself, any member who does
not hear the evidence presented shall not vote or take part in the decision.
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('7) The Board of A ' tm nt may be provided
independent counsel, including counsel from the City Attorney's office, to advise it during the
course of an appeal hearing.
(D) Decision of the Board:
(1) The Board, if requested, shall determine whether the finding of the
Chief Building Official or his designee that the building or structure is unsafe is proper under
the guidelines of this chapter, and whether the mandated corrective action is necessary to
render the building safe under the guidelines of this chapter. In cases where demolition has
been ordered if repairs are not made, the Board shall, if requested, determine that demolition is
proper. The Board may uphold the determination of the Chief Building Official or his
designee, may send the matter back for further investigation and review by the Chief Building
Official or his designee, or may make a finding that the condition complained of by the Chief
Building Official or his designee does not render the building unsafe within the guidelines of
this chapter, or that the corrective_action required by the Chief Building Official or his designee
is beyond what is required under this chapter to render the building safe.
As to any other matter or appeal, the Board may affirm, deny or modify the
written decision of the Chief Building Official in accordance with codes and ordinances
adopted by the City.
(2) The Board shall issue its written decision within 15 working days of the
conclusion of the hearing. The decision shall be in writing and shall set forth the evidence
presented and the findings of the Board. The effective date of the Board's final decision shall
be the date of the written decision. The Board may grant one and only one extension of the
time specified for making repairs and that extension may not exceed 60 days from the date of
the Board's written decision to grant an extension. The Board may require the appellant to take
actions to ensure the safety of the public or occupants during the extension period.
(E) Recourse: If the appellant or the City is aggrieved by the decision of the
Board, nothing in this chapter shall be construed to deprive him or the City of seeking redress
in a court of competent jurisdiction. The appeal must be filed within 30 days from the effective
date of the Board's final written decision and shall constitute a stay of any enforcement by the
Chief Building Official or his designee except an order to vacate which was unappealed or
upheld by the Board.
'on 16. That Section 7.8.19, "Staying of Notice Under Appeal to Board of Construction
Appeals", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby
amended to read as follows:
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Section 7.8.19 Staying of Notice Under Appeal to Board of
Adjustment:
(A) As to an order to vacate issued in accordance with Section 7.8.9(3)(a) or
7.8.12(C) of this chapter, enforcement of any notice issued by the Chief Building Official or his
designee under the provisions of this chapter shall be held in abeyance during the course of an
appeal. In the event that an order to vacate was issued pursuant to the aforementioned sections
of this chapter, the Chief Building Official shall certify in writing as soon as practicable after the
notice of appeal has been filed that, in his opinion, a stay of enforcement of an order to vacate
would cause imminent peril to the life or safety of natural persons, or the properly of persons
other than the appellant. The certification shall set forth in detail those conditions causing the
peril. An appellant desiring to challenge the order to vacate may request an emergency hearing
of the Board of Adjustment. The hearing shall be held within 72 hours
of the appellant's request.
(B) As to other matters under appeal, an appeal stays all proceedings in furtherance
of the action appealed from, unless the Chief Building Official from whom the appeal is taken
certifies to the Board of 6enst~ee~ie~ A 'us ent after the Notice of Appeal is filed
with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause
imminent peril to life or property. In this case, proceedings shall not be stayed other than by a
restraining order which may be granted by the Board of ~etie~rppeals Adjustment at an
emergency hearing of the Board as requested by the appellant, as noted above, or by a court of
competent jurisdiction.
Section 17. That Section 7.8.20, "Failure to Comply with Final Order of Decision", of the
Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as
follows:
Section 7.8.20 Failure to Comply with Final Order or Decision:
(A) Any person who, after the order or decision of the Chief Building Official or his
designee or the decision of the Board of edert-A~ppe~s d'us e t becomes final, fails
or refuses to act in accord with the direction of that order shall be in violation of this chapter
and may be prosecuted in accordance with Chapter 37 of the Code of Ordinances of the City or
the City may seek relief through a court of competent jurisdiction.
(B) Alternatively, where persons fail to comply with the final order of the Chief
Building Official or his designee or the Board of ~efie~-~peala Adjustment, the Chief
Building Official will require the building to be immediately vacated and demolished or boarded
up as provided in Section 7.8.12. Except in emergency situations, the Chief Building Official or
his designee shall mail a Final Notice by certified and first class mail 15 days prior to demolition
19 ORD. N0.47-07
f~,„
`.
or boaading up to all persons who were required to receive Notice of Unsafe Building/Structure
and shall post the Final Notice on the effected building/structure. The Final Notice shall state:
(1) That the building or structure has been determined to be unsafe by a
final order of the Chief Building Official or Board of Een~etie~pesls A ' ent.
(2) That repairs were not effected as required.
(3) That all persons having a legally cognizable interest were served with
notice that the failure to make the required repairs would result in an order to vacate and/or to
demolish or to boazd-up the building.
(4) That the building must be vacated immediately, if it has not already been
vacated.
(5) Advising that the building shall be demolished or boarded up, and
stating an approximate date of demolition or boarding up.
(6) The approximate costs of boazding up or demolition and that such
costs, if not paid, shall be charged as a lien against the property and that other costs incurred
will be added to the total cost along with a 10% administrative fee.
(C) The Chief Building Official shall also execute an Affidavit II to be included with
the above Final Notice which shall state that the continued existence of the structure creates a
danger to the health, safety, or welfaze of the public, or is a danger or detriment to the property
of the public, along with the reasons therefor, and the factual support for those reasons.
(D) No person shall obstruct or interfere with the implementation of any action
required by the Final Notice of the Chief Building Official, his designee or the Boazd of
Adjustment. Any person found interfering with or obstructing such
actions shall be in violation of this chapter and shall be prosecuted as provided in Section
7.8.22.
(E) Performance of Work The demolition or boazd-up of an unsafe building as
required in the Final Notice of the Chief Building Official or the final decision by the Board of
Adjustment shall be performed in an expeditious and workmanlike
manner.
' n 18. That Section 7.8.21, "Recovery of Cost of Demolition; Liens", of the Land
Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows:
Section 7.8.21 Recovery of Cost of Demolition; Liens:
20 ORD. N0.47-07
r
(A) Whenever the Chief Building Official or his designee is required to take
emergency action as described in Section 7.8.12(C) or where compliance with a Final Notice is
effected by the City, the City administration is authorized and directed to keep an accurate
account of all expenses incurred, including but not limited to photographs, recording notices
and affidavits, demolition, vacation, barricading, boarding-up, title searches, mailings, asbestos
inspections, septic tank emptying, fencing, asbestos removal, utility disconnections, legal notice
advertising or any other expenses necessitated by the demolition or board-up of the
building/structure, and based upon same certify the cost involved for that work with respect to
each parcel of property. The City shall also add to the total of such costs a 10% administrative
charge to cover the expense of administering and inspecting the work performed, overhead, and
other contingent expenses. The cost of advertising shall be added to the total costs as a
separate expense.
(B) If the City has the condition abated and payment is not received within 30 days
after the mailing of an invoice for the appropriate expenses incurred together with
administrative costs, an invoice requesting payment of the total costs and administrative charges
shall be sent to the last known address of the record owner. In the event the invoice remains
fully or partially unpaid 30 days after the date of mailing the invoice, the cost shall be reported
by the City Manager to the City Commission. Thereupon the City Commission shall, by
resolution, assess that cost against the parcel. The resolution shall describe the land and show
the cost of effecting compliance, whether by demolition and removal or otherwise, actually
incurred by the City and the additional 10% administrative expenses. The assessment shall also
include costs of collection and reasonable attorney fees, and shall be legal, valid, and binding
obligations against the subject property. The resolution shall become effective 30 days from the
date of adoption, and the assessment contained therein shall become due and payable no later
than 30 days after the mailing date of the Notice of Assessment, after which interest shall
accrue at the rate of 8% per annum on any unpaid portion.
(C) The City shall send an invoice for the total amount due, a copy of the Notice of
Assessment along with a copy of the Commission resolution, to the last known address of the
record owner. Service shall be by personal delivery or by certified mail, postage prepaid, return
receipt requested. In the event that the assessment remains fully or partially unpaid after 30
days of the mailing date or personal delivery of the Notice of Assessment, the City shall cause
to be recorded in the official records of the County, against those properties for which payment
in full has not been received, an affidavit certifying. that a resolution assessing those costs
against the subject property was passed by the City Commission; the amount remaining unpaid
including recording costs and any additional administrative costs authorized by City policies; the
date the resolution was passed and the number of the resolution; that the assessment remains
unpaid as of the date of the affidavit; that interest in the amount of 8% per annum of the
unpaid balance shall accrue; and that the affidavit is recorded by the City pursuant to this
chapter. In the event payment in full with interest accrued is received, the City shall cause a
21 ORD. N0.47-07
satisfaction for such assessment to be recorded. The Notice of Assessment resolution shall be
in substantially the following form:
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
DATE
TO:
ADDRESS:
PROPERTY:
You, as the record owner of, or holder of an interest in, the above described property
are hereby advised that a cost of by resolution of the City Commission of
the City of Dekay Beach, Florida, dated 19_, has been levied
against the above described property.
The costs were incurred as a result of an abatement action regarding the above
described property. You were given notice on that the Chief Building Official
had determined that abuilding/structure located on the above described property was unsafe.
You were advised in that notice of the action that would be taken to remedy that unsafe
condition and that the action would be initiated by the City if you failed to act.
You failed to appeal the decision of the Chief Building Official to the Board of ~etiett
~1ppeRls Adjustment although you were informed of your right to an appeal and of the
procedures for obtaining an appeal. You have also failed to take the corrective action required
in the Notice of Unsafe Building/Structure.
You appealed the decision of the Building Official to
A 'u tm nt. You were given written notification on _
take the corrective action required by the decision of
A ' tm nt within a stated period of time. You failed
order of the Board of E;e~st~et~e~peRls Adjustment.
the Board of
that you were required to
the Board of
to take the action as required by the
You appealed the decision of the Building Official to the Board of C-~s~ieti~
A 'ustm nt on The Board of C-~~iet~ Adjustment upheld the
decision of the Building Official.
22 ORD. N0.47-07
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on at a cost of
which includes a ten percent (10%) administrative fee. If you fail to pay
this cost within thirty (30) days, that cost plus additional administrative and recording costs shall
be recorded in the official Records of Palm Beach County, Florida against the above-described
property.
THE CITY MAY ENFORCE THE ASSESSMENTS BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALI. HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
(D) The City may enforce the assessments by either an action at law or
foreclosure of the lien, which shall be foreclosed in the same manner as mortgages are
foreclosed under state law. In either type of action, the City shall be entitled to interest at the
rate of 8% from the date of assessment, collection costs, and reasonable attorney's fees. Such
liens shall be on a parity with general City taxes and shall have priority over all other liens and
encumbrances, including mortgages.
n 19. That Section 7.8.22, "Violations; Providing for Independent Judicial
Proceeding", of the Land Development Regulations of the City of Dekay Beach, Florida, is hereby
amended to read as follows:
Section 7.8.22 Violations; Providing for Independent Judicial Proceeding:
(A) Any person or his agent, who shall violate a provision of this chapter or fail to
comply therewith, including orders and findings of the Board of
Ad.~ustment, may be prosecuted and punished in accordance with Chapter 37 of the City's Code
of Ordinances. Each person shall be deemed guilty of a separate offense for each and every day
23 ORD. N0.47-07
or portion thereof during which any violation is committed or continued. The administration
may alternatively seek enforcement in a court of competent
(B) Any person, firm or corporation who violates any provision of this chapter for
which another penalty is not specifically provided shall, upon conviction, be subject to a fine
not exceeding $500 or imprisonment for a term not exceeding 30 days or both. Each day any
violation shall continue to exist shall constitute a separate offense.
(C) All remedies and procedures in this chapter are not exclusive and shall not
prevent the City from instigating an independent legal action in a court of competent
jurisdiction.
Section 20. 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 21. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 22. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this 16~' day of
October, 2007.
MAYOR
ATTEST:
~ ~a~L;~~
Acting City Clerk
First Reading ~ o /d a /ate 7
Second Reading IC3~ 7 Ie~T 007
24 ORD. N0.47-07
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (~~
SUBJECT: AGENDA ITEM # ~ ~ - -REGULAR MEETING OF OCTOBER 16, 2007
ORDINANCE N0.47-07
DATE: OCTOBER 10, 2007
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to adopt a City initiated amendment to the
Land Development Regulations (LDR), amending Section 1.4.1, "Interpretation of Land
Development Regulations", Article 2.2, "General Provisions", Sections 2.2.1, 2.2.4, 2.4.3, 7.1.3, 7.8.9,
7.8.12, 7.8.14, 7.8.15, 7.8.16, 7.8.17, 7.8.18, 7.8.19, 7.8.20, 7.8.21, and 7.8.22 and repealing Section 2.25
and 7.8.13 to substitute "Board of Adjustment" for "Board of Construction Appeals".
BACKGROUND
At the first reading on October 2, 2007, the Commission passed Ordinance No. 47-07.
FUNDING SOURCE
N/A
RECOMMENDATION
Recommend approval of Ordinance No. 47-07 on second and final reading.
S:\Gty Clerk\AGENDA COVER MEMOS\Ocdinance Agenda Manor\Ord 47-07 ?nd Reading t0.16.07.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH: CITY MANAGER ~~.~-r~~s~~ ~`~
DATE: SEPTEMBER 26, 2007
SUBJECT: AGENDA ITEM # ~ ~ • ~ REGULAR MEETING OF OCTOBER 2, 2007
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 1.4.1,
ARTICLE 2.2, SECTION 2.2.1, 2.2.4, 2.4.3, 7.1.3, 7.8.9, 7.8.12, 7.8.14, 7.8.15,
7.8.16, 7.8.17, 7.8.18, 7.8.19, 7.8.20, 7.8.21, AND 7.8.22 AND REPEALING
SECTION 2.2.5 AND 7.8.13 TO SUBSTITUTE "BOARD OF ADJUSTMENT"
FOR "BOARD OF CONSTRUCTION APPEALS".
ITEM BEFORE COMMISSION
The item before the Commission is approval of aCity-initiated amendment to the Land
Development Regulations (LDR) Section 2.2.4 and 2.2.5 to amend LDR Section 2.2.4 pertaining
to the "Board of Adjustment" and repealing the LDR Section 2.2.5 relating to the "Board of
Construction Appeals" combining both sections and creating a new combined Board. Additional
changes are to be made to other sections and articles referenced above to remove references
to "Board of Construction Appeals".
BACKGROUND
At the May 8, 2007 City Commission workshop meeting, the City Commission directed staff to
review the validity of our current advisory Boards; and to determine whether Commission
liaisons needed to be assigned and how liaisons would work with the Boards. A review has
been conducted and one recommendation to come from that review is that the "Board of
Construction Appeals" and the "Board of Adjustment" be combined. Filling the specialized
positions required by the two separate Boards has proven difficult. This ordinance has been
prepared to create a new combined Board.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on September 17,
2007. No one from the public spoke on the issue. The Board recommended approval on a 7 to 0
vote by adopting the findings of fact and law contained in the Staff Report and finding that the
amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 47-07 for aCity-initiated amendment to the
Land Development Regulations (LDRs), amending LDR Section 1.4.1, Article 2.2, Sections
2.2.1, 2.2.4, 2.4.3, 7.1.3, 7.8.9, 7.8.12, 7.8.14, 7.8.15, 7.8.16, 7.8.17, 7.8.18, 7.8.19, 7.8.20,
7.8.21 and 7.8.22 and repealing Sections 2.2.5 and 7.8.13 to substitute "Board of Adjustment"
for "Board of Construction Appeals" by adopting the findings of fact and law contained in the
Staff Report and finding that the request is consistent with the Comprehensive Plan and meets
the criteria set forth in LDR Section 2.4.5(M)(5).
Attachments:
^ Proposed Ordinance No. 47-07
^ Planning and Zoning Report, September 17, 2007
ORDINANCE NO.47-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELR.AY
BEACH, BY AMENDING SECTION 1.4.1, "INTERPRETATION OF
LAND DEVELOPMENT REGULATIONS", SUBSECTION (A),
"BUILDING REGULATIONS"; AMENDING ARTICLE 2.2,
"ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR
LAND DEVELOPMENT REGULATIONS"; AMENDING SECTION
2.2.1, SUBSECTION (A), "QUALIFICATIONS"; AMENDING SECTION
2.2.4, "THE BOARD OF ADJUSTMENT", AND REPEALING SECTION
2.2.5, "THE BOARD OF CONSTRUCTION APPEALS", IN ORDER TO
COMBINE BOTH SECTIONS INTO A NEW SECTION 2.2.4, "THE
BOARD OF ADJUSTMENT"; AMENDING SECTIONS 2.4.3,
"SUBMISSION REQUIREMENTS", SUBSECTION (K)(1),
"DEVELOPMENT APPLICATIONS", IN ORDER TO REMOVE
REFERENCE TO BOARD OF CONSTRUCTION APPEALS;
AMENDING SECTION 7.1.3, "BUILDING CODE", SUBSECTION (A),
SECTION 7.8.9, "INVESTIGATION; NOTICE", SUBSECTION (A)(5),
SECTION 7.8.12, "STANDARDS FOR DETERMINING ACTION TO BE
TAKEN BY BUILDING OFFICIAL", AND REPEALING SECTION
7.8.13, "PROCEDURAL MATTERS, BOARD OF CONSTRUCTION
APPEALS", AMENDING SECTION 7.8.14, "APPEALS, GENERALLY;
BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.15,
"DECISIONS, GENERALLY", SECTION 7.8.16, "APPEALS,
AUTHORIZED FORM", SECTION 7.8.17, "HEARING, FAILURE TO
APPEAR AT HEARING, BOARD OF CONSTRUCTION APPEALS",
SECTION 7.8.18, "RULES OF PROCEDURE FOR HEARING APPEALS,
BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.19, "STAYING
OF NOTICE UNDER APPEAL TO BOARD OF CONSTRUCTION
APPEALS", SECTION 7.8.20, "FAILURE TO COMPLY WITH FINAL
ORDER OR DECISION", SECTION 7.8.21, "RECOVER OF COST OF
DEMOLITION; LIENS", AND SECTION 7.8.22, "VIOLATIONS;
PROVIDING FOR INDEPENDENT JUDICIAL PROCEEDING", IN
ORDER TO SUBSTITUTE "BOARD OF ADJUSTMENT" FOR "BOARD
OF CONSTRUCTION APPEALS"; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on September 17, 2007 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to combine the
Board of Adjustment and the Board of Construction Appeals into one board called the Board of
Adjustment in order to provide for a more efficient, more effective board; and
WHEREAS, the City Charter requires a Board of Adjustment be established; and
WHEREAS, the City desires to abolish and disband the Board of Construction Appeals and
add its duties to the Board of Adjustment; and
WHEREAS, the City desires to disband the current Board of Adjustment and create a new
Board of Adjustment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1. That Section 1.4.1, "Interpretation of Land Development Regulations",
Subsection (A), "Building Regulations", of the Land Development Regulations of the City of Dekay
Beach, Florida, shall be amended to read as follows:
Section 1.4.1 Interpretation of Land Development Regulations
(A) Building Regulations: All questions of interpretation of Chapter Seven,
Building Regulations, shall first be presented to the Chief Building Official. Such questions
shall be presented to the Board of Adjustment only upon an appeal from
the decision of the Chief Building Official.
Section 2. That Article 2.2, "Establishment of Boards Having Responsibilities for Land
Development Regulations", Section 2.2.5, "The Board of Construction Appeals" of the Land
Development Regulations of the City of Dekay Beach, Florida, is hereby repealed in its entirety.
ARTICLE 2.2 ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES
FOR LAND DEVELOPMENT REGULATIONS
This Article establishes the Boards which are primarily responsible for the implementation and
application of these Land Development Regulations. General provisions which govern each
Board along with specific provisions for individual Boards and establishment of powers, duties,
and responsibilities are set forth herein.
2 ORD. N0.47-07
Section 2.2.1 General Provisions
(A) Qualifications
(B) Compensation and Reimbursements
(C) Evening Business Meetings
(D) Appointment and Tenn, Officers
(E) Meetings
(F) Removal of Members, Vacancies
(G) Assignment of Administrative and Legal Support Services
Section 2.2.2 The Planning and Zoning Board
Section 2.2.3 The Site Plan Review and Appearance Board
Section 2.2.4 The Board of Adjustment
Section 2.2.6 The Historic Preservation Board
ction 3. That Section 2.2.1, "General Provisions", Subsection (A), "Qualifications", of
the Land Development Regulations of the City of Dekay Beach, Florida, shall hereby be amended to
read as follows:
(A) Qualifications: A member shall either be a resident of, or own property in the
City, and/or own a business within the City
. Additional qualifications may be established for
individual boards.
e ti n 4. That Section 2.2.4, "The Board of Adjustment", of the Land Development
Regulations of the City of Delray Beach, Florida, shall be amended to read as follows:
Section 2.2.4 The Board of Adjustment:
(A) Creation: A Board of Adjustment for the City of Delray Beach is hereby
created under the authority of the City Charter Section 3.08.
(B) Composition: The Board of Adjustment shall consist of five regular members.
In addition, there shall be two (2) alternate members. In the absence of a regular member, an
alternative member shall be called to sit, and act in lieu of the regular member, by the
Chairperson of the Board.
3 ORD. N0.47-07
(C) Meetings and Quorum:
(1) The Board of Adjustment shall hold two regularly scheduled business
meeting each month. However, the required regular meetings shall be canceled if there
are no petitions before the Boazd.
(2) A quorum of the Board consists of four (4) members. The concurring
vote of four (4) members shall be necessary to decide in favor of an applicant with
respect to reversing a decision of the Chief Building Official or the granting of a
variance.
(3) The Chairperson may administer oaths and compel the attendance of
witnesses.
(D) Duties, Powers and Responsibilities:
(1) The Board hereby has the authority to hear and decide appeals where it
is alleged there is an error in any order, requirement, decision, or determination made by
the Chief Building Official, with the exception of interpretations of use matters and
other items specifically preempted or granted to others pursuant to these Land
Development Regulations.
(2) The Boazd, so long as its actions aze in conformity with the terms of
these Land Development Regulations may reverse or affirm, wholly or partly, or may
modify the order, requirement, or decision, or determination appealed from and may
make such order, requirements, decision, or determination as ought to be made, and to
that end shall have powers of the chief Building Official from whom the appeal is taken.
~3) The Board has the authority to take action on duly filed appeals with
respect to the action of the Chief Building_ Official concerning interpretation,
administration. or enforcement of the following
(a) Building Code, Article 7.1, except Sections 7.1.5 through 7.1.7
(b) Electrical Code, Article 7.2
(c) Gas Code, Article 7.3
(d) Housing code, Article 7.4
(e) Mechanical Code. Article 7.5
(fl Plumbing code, Article 7.6
(e) Elimination or Repair of Unsafe Buildings, Article 7.8
,~) Moving of Building, Article 7.10
4 ORD. NO. 47-07
{33 jr4,~ The Board hereby has the authority to grant variances and hear appeals
from the provisions of:
(a) The General Development Standards set forth in Section 4.3.
(b) Regulations found in the Flood Damage Control C-verlay
District, Section 4.5.3.
(c) The supplemental district regulations (Article 4.6) except where
said authority is expressly prohibited or granted to others.
(d) Fire Prevention Codes, Chapter 96 of the City Code, per Section
96.06.
(e) "District Regulations and Incentives" in Section I of the Beach
Property Gwners Design Manual for North Beach & Seagate
Neighborhoods as set forth in Section 4.5.13.
{4}-~, The Board has the authority to grant variances to the Noise Code
pursuant to City Code Section 99.30.
~6) The Board shall be prohibited from considering
~ l~ Use variances,
~ ~ architectural elevations,
~ ~ landscaping plans,
~ f,~i Variances for signs and signage,
~~ Any variance action within a designated Historic Preservation
District or upon a Historic Site, and
~ ~f , Variances to height regulations_
~{§) j,~7 To provide "good offices" and assistance to other governmental boards,
commissions, and committees in the fulfillment of goals, objectives, and policies of the
Comprehensive Plan.
{Fi} j~ 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.
5 ORD. NO. 47-07
Section 5. That Section 2.2.5, "The Board of Construction Appeals", of the Land
Development Regulations of the City of Dekay Beach, Florida, shall be repealed in its entirety.
• >
ORD. N0.47-07
> >
> >
> >
« »
>
C~ >
ection 6. That Section 2.4.3, "Submission Requirements", Subsection (I~, "Fees", of the
Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as
follows:
(I~ Fees: Processing fees shall be collected for development applications. The fees
shall be as established herein and as modified by ordinance of the City Commission.
(1) Development Applications: The following fees shall be charged for
development applications. All fees are cumulative and separate unless otherwise indicated.
Combined applications shall provide multiple fees.
(p) Formal interpretation by the Board of Adjustment $ 60
(yer iteml ~ 60
(t) Hearing before the Board of Adjustment $ 60
(per item) $ 60
Section 7. That Section 7.1.3, "Building Code", Subsection (A), of the Land Development
Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows:
Section 7.1.3 Building Code:
(A) Adopted by Reference: The 2001 Florida Building Code, as amended, and the
amendments to the 2001 Florida Building Code as adopted by Palm Beach County are hereby
7 ORD. N0.47-07
adopted and incorporated as if set forth herein, except as amended in Section 7.1.2(B) of this
Article. This Article also adopts the 1999 Windborne Debris Impact Standard (SSTD 12-99).
If a later edition of this code or subsequent amendments are made to the applicable minimum
code, then those revisions or amendments shall automatically become the adopted code under
this chapter.
(1) Appeals concerning interpretation or administration of the provisions of
this chapter shall be heard by the Board of C~s+~ppeals A 'u tment.
ti n 8. That Section 7.8.9, "Investigation; Notice", Subsection (A)(5), of the Land
Development Regulations of the City of Dekay Beach, Florida, is hereby amended to read as follows:
Section 7.8.9 Investigation; Notice:
(A) The Chief Building Official or his designee shall cause a title search to be made
of the affected property to determine the names of all persons having an interest in the
property. The Chief Building Official or his designee shall then prepare and issue a Notice of
Unsafe Building/Structure directed to the owner of record and all persons having a legal
interest in the property, including all known tenants. The notice shall contain, but not be
limited to, the following information:
(1) The street address and legal description of the building, structure, or
premise, as disclosed by the tide search and/or County or City records.
(2) A statement indicating that the building or structure has been declared
unsafe by the Chief Building Official or his designee and a detailed report documenting the
conditions determined to have rendered the building or structure or portion thereof unsafe
under the provisions of this chapter.
(3) The action required to be taken as determined by the Chief Building
Official or his designee.
(a) The notice shall require that all necessary permits be secured and
the repair work be commenced within 60 days from the date of
service of the Notice of Unsafe Building/Structure, and
continued to completion within 6 months from the date the
permits are available for issuance. The notice shall also set forth
the provisions of Section 7.8.4 of this chapter.
(b) If the building or structure is to be vacated, the notice shall
indicate the time within which vacation is to be completed.
8 ORD. N0.47-07
(c) If emergenry action was taken by the Chief Building Official or
his designee pursuant to 7.8.12(C), the notice shall state the
emergency action taken and any costs incurred.
(4) The notice shall state what action shall be taken by the City in the event
that repairs are not made in accordance with the directions in the Notice of Unsafe
Building/Structure. The Chief Building Official or his designee may in that case bring the
matter before the Code Enforcement Board or order the building to be vacated and demolished
or boarded up in accordance with the standards set forth in Section 7.8.12 of this chapter.
(5) A statement advising that any person having a legal interest in the
property may appeal the finding of the Chief Building Official or his designee to the Board of
'ustm nt and that the appeal shall be in writing in the form specified
in Section 7.8.14 and 7.8.16 of this Chapter, and must be received by the Chief Building Official
or his designee no later than thirty (30) days from the date of service of the Notice of Unsafe
Building/Structure and that failure to deliver an appeal in the correct form in the time specified
will constitute a waiver of all rights to an administrative hearing.
tion 9. That Section 7.8.12, "Standards for Determining Action to be Taken by
Building Official", of the Land Development Regulations of the Ciry of Delray Beach, Florida, is
hereby amended to read. as follows:
Section 7.8.12 Standards for Determining Action to be Taken by Building Official: The
following actions shall be taken by the Chief Building Official or his designee when ordering the
repair, vacation, demolition or boarding up of an unsafe building or structure or portion
thereof
(A) If the building or structure poses an immediate hazard to the life or to the safety
of the occupant or user thereof, or to the neighborhood, or to the public, or to the property of
others, it shall be ordered immediately vacated. Additionally, where the building is not repaired
in the time permitted, it will be ordered vacated and demolished, in accordance with the general
guidelines in this section.
(B) The building or structure will be ordered demolished when the condition of the
building structure or portion thereof is sufficiently unsanitary, unsafe, unsecured, unguarded or
detrimental to neighboring properties due to lack of completion, upkeep or exterior
maintenance and where the required repairs are not performed within the time prescribed in the
Notice of Unsafe Building/Structure or by order of the Board of
Adjustment, and where the continued existence of the structure poses a hazard to the health or
safety of the public or the occupants or users of the effected building or to the property of
others. This applies even if the building is secured against entry and where the building is
9 ORD. N0.47-07
sufficiently damaged, unsound, unsafe, unsanitary or detrimental to property values in the
vicinity due to incomplete condition or lack of maintenance and upkeep.
(C) In certain cases where the Chief Building Official or his designee, based upon
his own experience and knowledge, or upon the advice of fire officials, determines that an
immediate peril exists and that certain preventative action must be taken immediately without
notice or title search to prevent injury to occupants, neighbors or the public or destruction of
the property of neighbors or the public, the Chief Building Official or his designee may order
immediate preventative actions which may include, but shall not be limited to, vacating the
property, demolition, erecting fences or other barricades, boarding up, ordering the
disconnection of power and water supplies and the City may assess the costs of such action as
alien upon the property in accordance with this chapter. In the aforementioned cases, a Notice
of Unsafe Building/Structure shall be served after preventative action is taken in the same
manner as when action is taken after service. An appeal to the Board of ~~eals
Adjustment based upon an emergency action is proper only as it relates to costs incurred by the
City, providing such appeal is received in the form prescribed by Sections 7.8.9, 7.8.14, and
7.8.16, and is received by the Chief Building Official no later than 30 days after service of the
Notice of Unsafe Building/Structure.
(D) The Chief Building Official or his designee shall have the authority to approve
one extension of time to complete repairs to make a building or structure safe or to complete
demolition. Such extension shall not exceed 60 days from the original expiration date for repair
or demolition. The extension shall only be granted where the Chief Building Official or his
designee determines that a good faith effort is being made to correct the unsafe condition, and
that the extension will not unreasonably endanger the public. The building official may require
that premises be guarded by fencing, barricading or other means until all repairs are made or
demolition is completed.
Section 10. That Section 7.8.13, "Procedural Matters, Board of Construction Appeals", of
the Land Development Regulations of the City of Delray Beach, Florida, is hereby repealed in its
entirety:
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10 ORD. N0.47-07
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11 ORD. NO.47-07
aetiet2s:
Section 11. That Section 7.8.14, "Appeals, Generally, Board of Construction Appeals", of
the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as
follows:
Section 7.8.14 Appeals, Generally; Board of Adjustment:
(A) Appeals to the Board of peals Adjustment may be taken by any
person aggrieved, or by any officer or bureau of the governing body of the City, affected by any
decision of the Chief Building Official concerning interpretation, administration, or
enforcement of the following provisions of the Land Development Regulations:
(1) Building Regulations: Article 7.1 except Sections 7.1.5 through 7.1.7
(2) Gas Code: Article 7.3
(3) Mechanical Code: Article 7.5
(4) Plumbing Code: Article 7.6
(5) Electrical Code: Article 7.2
(6) Housing Code: Article 7.4
('7) Unsafe Building/Structure: Article 7.8
(8) Moving Buildings: Article 7.10
(B) It is the intent of this subchapter that all questions of interpretation;
administration, and enforcement shall first be presented to the Chief Building Official.
Questions shall be presented to the Board of Adjustment only as an
12 ORD. NO.47-07
appeal of the Chief Building Official's deternnation. Appeals shall be filed in writing via
certified U.S. Mail return receipt requested, and received by the Chief Building Official no later
than 30 days after receipt of a written decision from the Chief Building Official except as
specified in 7.8.9. The form of the appeal is as specified in 7.8.16. The Chief Building Official
shall forth with transmit to the Board all papers constituting the record on which the appeal is
based.
Section 12. That Section 7.8.15, "Decisions, Generally", of the Land Development
Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows:
Section 7.8.15 Decisions, Generally: In exercising its powers, the Board of C-eetie~
~eals Adjustment, so long as the action is in conformity with the terms of existing
ordinances, may reverse or affirm, wholly or partly, or may modify the order, requirement,
decision, or determination appealed from and may make the order, requirement, decision, or
determination as should be made, and to that end shall have powers of the Chief Building
Official from whom the appeal is taken.
Section 13. That Section 7.8.16, "Appeals, Authorized Form", of the Land Development
Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows:
Section 7.8.16 Appeals, Authorized Form:
(A) For all authorized matters other than Unsafe Building/ Structure, any person or
persons who have an interest adversely impacted by the Chief Building Official's decision may
file an appeal.
(B) For Unsafe Building/Structures, any person entitled to service in accordance
with the provisions of Section 7.8.9 may appeal any action of the Chief Building Official or his
designee.
(C) Appeals must be in the form described below:
(1) Identification of the land, and building or structure by street address
and/or legal description, as appropriate.
(2) A statement identifying the legal interest of the appellant or the interest
of the appellant adversely impacted by the Chief Building Official's decision.
(3) A statement identifying specific portions or sections of the Notice of
Unsafe Building/Structure or written decision of the Chief Building Official which are being
appealed.
13 ORD. N0.47-07
(4) A statement detailing the issues on which the appellant desires to be
heard in relation to (3) above.
(5) The legal signature of the appellant(s) and his official mailing
address(es).
(D) Upon receipt of an appeal, the Board of ~ Adjustment shall
fix a date, time, and location for the hearing of the appeal. 'The hearing date shall not be more
than 30 days from the date the appeal was received by the Chief Building Official unless the
appellant agrees to a later date or the City demonstrates good cause
(E) Waiver of Appeal: All appeals must be received by the Chief Building Official
no later than 30 days from the date of service the Notice of Unsafe Building/Structure or 30
days after receipt of the Chief Building Official's written decision which is appealed. Failure to
appeal within the time period specified shall constitute a waiver and shall make_the decision of
the Building Official a final decision or order.
Section 14. That Section 7.8.17, "Hearing; Failure to Appear at Hearing, Board of
Construction of Appeals", of the Land Development Regulations of the City of Dekay Beach, Florida,
is hereby amended to read as follows:
Section 7.18.17 Hearing; Failure to Appear at Hearing, Board of
~4ppeals Adiustment•
(A) Scope of hearing.
(1) The hearing shall offer the appellant{s) reasonable opportunity to be
heard on only those specific matters or issues raised in his' written appeal. Other persons
having a legally cognizable interest in the property but who did not register a written appeal may
be heard at the Board of 'Adjustment's discretion on only those matters
or issues raised by the appellant on his appeal and only to the extent that they affect the legally
cognizable right of the person seeking to intervene in the appeal.
(2) The Chief Building Official or his designee shall offer relevant testimony
to the Board and/or the Chief Building Official may call others to testify who may offer
relevant testimony.
(3) The appellant or other person with a legally cognizable interest may
appear at the hearing in person or through his attorney or other designated representative.
(4) The Board, in hearing appeals under this chapter, shall determine
whether the decision of the Chief Building Official or his designee as to the unsafe condition of
14 ORD. N0.47-07
the structure or the remedial action required or his interpretation, administration or
enforcement of relevant matters, as related to those matters raised by the appellant, is
appropriate under the guidelines of this chapter. With regard to emergency actions, the Board's
sole determination shall be to determine whether the costs incurred were reasonably related to
the action undertaken.
(B) The failure of any person to appear at the hearing set by the Board of
Adjustment without permission from the Board shall constitute a waiver
of his right to an administrative hearing on the Notice of Unsafe Building/Structure or other
matter appealed. The Board of Eensttnefie~ppeais Adjustment may, for good cause shown,
excuse the failure to appear and set a new hearing date.
Section 15. That Section 7.8.18, "Rules of Procedure fox Hearing Appeals, Board of
Construction of Appeals", of the Land Development Regulations of the City of Dekay Beach, Florida,
is hereby amended to read as follows:
Section 7.8.18 Rules of Procedure for Hearing Appeals, Board of
~ Adjustment•
(A) Reasonable Dispatch: The Board of ~etiea-~4ppeals Adj~,stment shall
proceed with reasonable dispatch to conclude any matter before it.
(B) Form of Hearing Notice to Appellant(s):
(1) The Hearing Notice shall include, but not be limited to, the following
information:
(a) The date, time, and place of the hearing;
(b) The legal description and/or address of the subject property, as
applicable;
(c) A statement that persons may be represented by counsel; and
(d) A statement that appellants may present all relevant testimony on those
issues which they intend to raise in accordance with their appeal request
as addressed to the Chief Building Official.
(C) Procedures for Hearing:
15 ORD. N0.47-07
(1) The Hearing Notice shall be served personally or by certified mail,
return receipt requested, at least 7 days prior to the hearing date unless the appellant waives
such requirement.
(2) The Board of Adjustment may grant a
continuance for good cause.
(3} When the hearing is scheduled, the Board of
Adjustment shall:
(a) Hear from the Chief Building Official or his designees or others
who may offer relevant testimony as to and as applicable to:
(i) The Notice of Unsafe Building/Structure and all
attachments thereto or other matters being appealed.
(ii) Proof of service of the Notice of Unsafe
Building/Structure on the owner of record and on any
person determined from official public records to have a
legal interest in the property or proof of service or
receipt by the appellant(s) of any other written decision
which is being appealed.
(iii) The time of posting the Notice of Unsafe
Building/Structure, including time to vacate, if any, and
the location of the notices on the building or structure.
(iv) The particulars of the defects and conditions detemuned
to have rendered the building or structure or portion
thereof unsafe under the provisions of this chapter, with
photographs as necessary.
(v) The recommended corrective actions to be taken and the
reasons for the recommendations.
(vi) Corrective actions, if any, already undertaken.
(vii) The reasons and bases supporting the written decision
made by the Chief Building Official which is being
appealed.
(b) Hear from other interested parties present in accordance with
requirements of this chapter.
1 G ORD. NO.47-07
(4) Evidence:
(a) The Hearing before the Board of
Adjustment shall not be required to be conducted in accordance
with the. technical rules relating to evidence and testimony.
(b) In any proceedings under this chapter any member of the Board
shall have the power to administer oaths and affirmations and to
certify official acts.
(c) Oral evidence shall be taken only on oath or affirmation.
(d) Hearsay evidence may be used for the purpose of supplementing
or explaining any direct evidence. The further use of hearsay
evidence shall be limited to that which would be admissible in
civil court.
(e) Relevant evidence shall be admitted if it is the type on which
responsible persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law or
statutory rule which might make improper the admission of
evidence over objection in civil courts.
(5) The Board of 'u tmen may inspect any
building, structure or portion thereof involved in the appeal during the course of the hearing,
provided the following are complied with:
(a) Notice of an inspection is given to the appellant prior to the
inspection;
(b) The appellant is allowed to be present during the inspection; and
(c) The Board members conducting the inspection state for the
record, upon completion of their inspection, the conditions
observed and any conclusions drawn therefrom.
(6) When an appeal is heard before the Board itself, any member who does
not hear the evidence presented shall not vote or take part in the decision.
17 ORD. N0.47-07
('7) The Board of A 'ustment may be provided
independent counsel, including counsel from the City Attorney's office, to advise it during the
course of an appeal hearing.
(D) Decision of the Board:
(1) The Board, if requested, shall determine whether the finding of the
Chief Building Official or his designee that the building or structure is unsafe is proper under
the guidelines of this chapter, and whether the mandated corrective action is necessary to
render the building safe under the guidelines of this chapter. In cases where demolition has
been ordered if repairs are not made, the Board shall, if requested, determine that demolition is
proper. The Board may uphold the determination of the Chief Building Official or his
designee, may send the matter back for further investigation and review by the Chief Building
Official or his designee, or may make a finding that the condition complained of by the Chief
Building Official or his designee does not render the building unsafe within the guidelines of
this chapter, or that the corrective_action required by the Chief Building Official or his designee
is beyond what is required under this chapter to render the building safe.
As to any other matter or appeal, the Board may affirm, deny or modify the
written decision of the Chief Building Official in accordance with codes and ordinances
adopted by the City.
(2) The Board shall issue its written decision within 15 working days of the
conclusion of the hearing. The decision shall be in writing and shall set forth the evidence
presented and the findings of the Board. The effective date of the Board's final decision shall
be the date of the written decision. The Board may grant one and only one extension of the
time specified for making repairs and that extension may not exceed 60 days from the date of
the Board's written decision to grant an extension. The Board may require the appellant to take
actions to ensure the safety of the public or occupants during the extension period.
(E) Recourse: If the appellant or the City is aggrieved by the decision of the
Board, nothing in this chapter shall be construed to deprive him or the City of seeking redress
in a court of competent jurisdiction. The appeal must be filed within 30 days from the effective
date of the Board's final written decision and shall constitute a stay of any enforcement by the
Chief Building Official or his designee except an order to vacate which was unappealed or
upheld by the Board.
Section 16. That Section 7.8.19, "Staying of Notice Under Appeal to Board of Construction
Appeals", of the Land Development Regulations of the City of Dekay Beach, Florida, is hereby
amended to read as follows:
18 ORD. N0.47-07
Section ?.8.19 Staying of Notice Under Appeal to Board of
~dt_;ustment:
(A) As to an order to vacate issued in accordance with Section 7.8.9(3)(a) or
7.8.12(C) of this chapter, enforcement of any notice issued by the Chief Building Official or his
designee under the provisions of this chapter shall be held in abeyance during the course of an
appeal. In the event that an order to vacate was issued pursuant to the aforementioned sections
of this chapter, the Chief Building Official shall certify in writing as soon as practicable after the
notice of appeal has been filed that, in his opinion, a stay of enforcement of an order to vacate
would cause imminent peril to the life or safety of natural persons, or the property of persons
other than the appellant. The certification shall set forth in detail those conditions causing the
peril. An appellant desiring to challenge the order to vacate may request an emergency hearing
of the Board of A tmen . The hearing shall be held within 72 hours
of the appellant's request.
(B) As to other matters under appeal, an appeal stays all proceedings in furtherance
of the action appealed from, unless the Chief Building Official from whom the appeal is taken
certifies to the Board of A tment after the Notice of Appeal is filed
with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause
imminent peril to life or property. In this case, proceedings shall not be stayed other than by a
restraining order which may be granted by the Board of Adjustment at an
emergency hearing of the Board as requested by the appellant, as noted above, or by a court of
competent jurisdiction.
Section 17. That Section 7.8.20, "Failure to Comply with Final Order of Decision", of the
Land Development Regulations of the City of Dekay Beach, Florida, is hereby amended to read as
follows:
Section 7.8.20 Failure to Comply with Final Order or Decision:
(A) Any person who, after the order or decision of the Chief Building Official or his
designee or the decision of the Board of Adjustment becomes final, fails
or refuses to act in accord with the direction of that order shall be in violation of this chapter
and may be prosecuted in accordance with Chapter 37 of the Code of Ordinances of the Ciry or
the City may seek relief through a court of competent jurisdiction.
(B) Alternatively, where persons fail to comply with the final order of the Chief
Building Official or his designee or the Board of Adjustment. the Chief
Building Official will require the building to be immediately vacated and demolished or boarded
up as provided in Section 7.8.12. Except in emergency situations, the Chief Building Official or
his designee shall mail a Final Notice by certified and first class mail 15 days prior to demolition
19 ORD. N0.47-07
or boarding up to all persons who were required to receive Notice of Unsafe Building/Structure
and shall post the Final Notice on the effected building/structure. 'The Final Notice shall state:
(1) That the building or structure has been determined to be unsafe by a
final order of the Chief Building Official or Board of A 'u tme
(2) That repairs were not effected as required.
(3) That all persons having a legally cognizable interest were served with
notice that the failure to make the required repairs would result in an order to vacate and/or to
demolish or to board-up the building.
(4) That the building must be vacated immediately, if it has not already been
vacated.
(5) Advising that the building shall be demolished or boarded up, and
stating an approximate date of demolition or boarding up.
(6) The approximate costs of boarding up or demolition and that such
costs, if not paid, shall be charged as a lien against the property and that other costs incurred
will be added to the total cost along with a 10% administrative fee.
(C) The Chief Building Official shall also execute an Affidavit II to be included with
the above Final Notice which shall state that the continued existence of the structure creates a
danger to the health, safety, or welfare of the public, or is a danger or detriment to the property
of the public, along with the reasons therefor, and the factual support for those reasons.
(D) No person shall obstruct or interfere with the implementation of any action
required by the Final Notice of the Chief Building Official, his designee or the Board of
A 'ustment. Any person found interfering with or obstructing such
actions shall be in violation of this chapter and shall be prosecuted as provided in Section
7.8.22.
(E) Performance of Work The demolition or board-up of an unsafe building as
required in the Final Notice of the Chief Building Official or the final decision by the Board of
Adjustment shall be performed in an expeditious and workmanlike
manner.
Section 18. That Section 7.8.21, "Recovery of Cost of Demolition; Liens", of the Land
Development Regulations of the City of Dekay Beach, Florida, is hereby amended to read as follows:
Section 7.8.21 Recovery of Cost of Demolition; Liens:
20 ORD. N0.47-07
(A) Whenever the Chief Building Official or his designee is required to take
emergency action as described in Section 7.8.12(C) or where compliance with a Final Notice is
effected by the City, the City administration is authorized and directed to keep an accurate
account of all expenses incurred, including but not limited to photographs, recording notices
and affidavits, demolition, vacation, barricading, boarding-up, title searches, mailings, asbestos
inspections, septic tank emptying, fencing, asbestos removal, utility disconnections, legal notice
advertising or any other expenses necessitated by the demolition or board-up of the
building/structure, and based upon same certify the cost involved for that work with respect to
each parcel of property. The City shall also add to the total of such costs a 10% administrative
charge to cover the expense of administering and inspecting the work performed, overhead, and
other contingent expenses. The cost of advertising shall be added to the total costs as a
separate expense.
(B) If the City has the condition abated and payment is not received within 30 days
after the mailing of an invoice for the appropriate expenses incurred together with
administrative costs, an invoice requesting payment of the total costs and administrative charges
shall be sent to the last known address of the record owner. In the event the invoice remains
fully or partially unpaid 30 days after the date of mailing the invoice, the cost shall be reported
by the City Manager to the City Commission. Thereupon the City Commission shall, by
resolution, assess that cost against the parcel. The resolution shall describe the land and show
the cost of effecting compliance, whether by demolition and removal or otherwise, actually
incurred by the City and the additional 10% administrative expenses. The assessment shall also
include costs of collection and reasonable attorney fees, and shall be legal, valid, and binding
obligations against the subject property. The resolution shall become effective 30 days from the
date of adoption, and the assessment contained therein shall become due and payable no later
than 30 days after the mailing date of the Notice of Assessment, after which interest shall
accrue at the rate of 8% per annum on any unpaid portion.
(C) The City shall send an invoice for the total amount due, a copy of the Notice of
Assessment along with a copy of the Commission resolution, to the last known address of the
record owner. Service shall be by personal delivery or by certified mail, postage prepaid, return
receipt requested. In the event that the assessment remains fully or partially unpaid after 30
days of the mailing date or personal delivery of the Notice of Assessment, the City shall cause
to be recorded in the official records of the County, against those properties for which payment
in full has not been received, an affidavit certifying: that a resolution assessing those costs
against the subject property was passed by the City Commission; the amount remaining unpaid
including recording costs and any additional administrative costs authorized by City policies; the
date the resolution was passed and the number of the resolution; that the assessment remains
unpaid as of the date of the affidavit; that interest in the amount of 8% per annum of the
unpaid balance shall accrue; and that the affidavit is recorded by the City pursuant to this
chapter. In the event payment in full with interest accrued is received, the City shall cause a
21 ORD. N0.47-07
satisfaction for such assessment to be recorded. 'The Notice of Assessment resolution shall be
in substantially the following form:
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
DATE
TO:
ADDRESS:
PROPERTY:
You, as the record owner of, or holder of an interest in, the above described property
are hereby advised that a cost of by resolution of the City Commission of
the City of Delray Beach, Florida, dated 19_, has been levied
against the above described property.
'The costs were incurred as a result of an abatement action regarding the above
described property. You were given notice on that the Chief Building Official
had determined that abuilding/structure located on the above described property was unsafe.
You were advised in that notice of the action that would be taken to remedy that unsafe
condition and that the action would be initiated by the City if you failed to act.
You failed to appeal the decision of the Chief Building Official to the Board of C-e~
~eals Adjustment although you were informed of your right to an appeal and of the
procedures for obtaining an appeal. You have also failed to take the corrective action required
in the Notice of Unsafe Building/Structure.
You appealed the decision of the Building Official to
Adjustment. You were given written notification on _
take the corrective action required by the decision of
Adjustment within a stated period of time. You failed
order of the Board of Adjustment.
the Board of
that you were required to
the Board of
to take the action as required by the
You appealed the decision of the Building Official to the Board of
Adjustment on The Board of ~et~e~ Adjustment upheld the
decision of the Building Official.
22 ORD. NO.47-07
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on at a cost of
which includes a ten percent (10%) administrative fee. If you fail to pay
this cost within thirty (30) days, that cost plus additional administrative and recording costs shall
be recorded in the official Records of Palm Beach County, Florida against the above-described
property.
THE CITY MAY ENFORCE THE ASSESSMENTS BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY -WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
(D) The City may enforce the assessments by either an action at law or
foreclosure of the lien, which shall be foreclosed in the same manner as mortgages are
foreclosed under state law. In either type of action, the City shall be entitled to interest at the
rate of 8% from the date of assessment, collection costs, and reasonable attorney's fees. Such
liens shall be on a parity with general City taxes and shall have priority over all other liens and
encumbrances, including mortgages.
Section 19. That Section 7.8.22, "Violations; Providing for Independent Judicial
Proceeding", of the Land Development Regulations of the City of Dekay Beach, Florida, is hereby
amended to read as follows:
Section 7.8.22 Violations; Providing for Independent Judicial Proceeding:
(A) Any person or his agent, who shall violate a provision of this chapter or fail to
comply therewith, including orders and findings of the Board of
Adjustment, may be prosecuted and punished in accordance with Chapter 37 of the City's Code
of Ordinances. Each person shall be deemed guilty of a separate offense for each and every day
23 ORD. N0.47-07
or portion thereof during which any violation is committed or continued. The administration
may alternatively seek enforcement in a court of competent
(B) Any person, firm or corporation who violates any provision of this chapter for
which another penalty is not specifically provided shall, upon conviction, be subject to a fine
not exceeding $500 or imprisonment for a term not exceeding 30 days or both. Each day any
violation shall continue to exist shall constitute a separate offense.
(C) All remedies and procedures in this chapter are not exclusive and shall not
prevent the City from instigating an independent legal action in a court of competent
jurisdiction.
Section 20. 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 21. 'T'hat all ordinances or parts of ordinances in conflict herewith be, and the same
axe hereby repealed.
Section 22. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this day of
2007.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
24 ORD. N0.47-07
25 ORD. N0.47-07
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: SEPTEMBER 17, 2007
AGENDA NO: IV. E
AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 1.4.1,
ARTICLE 2.2.1, SECTION 2.2.4, 2.2.5, 2.4.3, 7.1.3, 7.8.9, 7.8.12, 7.8.14,
7.8.15, 7.8.16, 7.8.17, 7.8.18, 7.8.19, 7.8.20, 7.8.21, AND 7.8.22 TO
SUBSTITUTE "BOARD OF ADJUSTMENT" FOR "BOARD OF
CONSTRUCTION APPEALS".
,~~
''f` ~ '' ~~' '' `-:ITEM-..BEFORE THE~'BOARD .
The item before the Board is that of making a recommendation to the City Commission :regarding a
City-initiated amendment to the-.Land Development Regulations (LDR) Section 2.2.4-and 2:2.5_ to
amend fhe LDR Section 2.2.4 pertaining to the Board of Adjustment and repealing the`LDR"Section
2.2.5 relating to the Board of Construction Appeals to combine both sections to create. a new
combined Board. Additional changes are to be made to other sections and articles reference above
to remove references made to "Board of Construction Appeals".
Pursuant to Section 1.1.6, an amendment to the text of the Land Development,; Regutations rt~aX
not be made until a recommendation is obtained from the Planning and Zoning Board..-
F, ~,
"~ ~ } ~' ` ~ SACKGROUNb1ANALl~SIS ,r. ``:"'~ '
At the May 8, 2007 City Commission workshop meeting, the City Commission directed staff to
review the validity of our current advisory Boards; and to determine whether Commission liaisons
needed- to be assigned and how liaisons would work with the Boards. A review has been'
conducted and one recommendation to come from that review is that the Board of Construction
Appeals and the Board of Adjustment. be combined. Filling the specialized positions required by the
two separate Boards has proven difficult. This ordinance has been prepared to create 'a new`
combined Board.
REQUIRED FINDINGS
LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in
addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
Comprehensive Plan Policies:
The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no
applicable goals, objectives or policies noted. While the amendment does not specifically further
the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them.
IV. E.
Planning and Zoning Board Meeting, September 17, 2007
LDR Amendment -Combining the BOA and BOCA
> .. ... r t~r,.. .. ,,..,.-REVIE BY OTHERS, , ,
Courtesy Notices:
Courtesy notices were provided to the following associations:
^ Neighborhood Advisory Council
• Chamber of Commerce
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
:-~:_ 4 .. ;< ~ _~ ~ ~-~. ,, ^~ .,::'.'ASSESSMENT; -N ...~~ ~ C[USION ~~~:. ~ .. , .,,3 ~ a~
~~
The purpose of this City-initiated LDR text amendment is to eliminate the Board of Construction
Appeals and to expand the authority of the Board of Adjustment to include those. enforcement
areas previously allocated to the Board of Construction Appeals. This LDR text amendment is
consistent. with the Comprehensive Plan and positive findings can be made with respect to; LDR
Section 2.4.5(M) (5).
3~. EC~MM NDEDTACTION `'> .~ .~.:, u: t.~~ ~st~.:,~ .
Move a recommendation of approval. to the City Commission for aCity-initiated amendment to the
Land Development Regulations (LDR), amending LDR Section 1.4.1, Article 2.2, Sections 2.2.1,
2.2.4, 2.2.5, 2.4.3, 7.1.3, 7.8.9, 7.8.12, 7.8.14, 7.8.15, 7.8.16, 7.8.17, 7.8.18, 7.8.19, 7.8.20, .7.8.21.
and 7.8.22 to substitute "Board of adjustment".for "Board of Construction Appeals" by.adoptng.;the
findings of fact and law contained in the Staff Report and finding that the request is consistent with
the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5).
Attachment:
^ Proposed Ordinance
2
~c ~. ~. ar,~ (cPa~
www.bocanews.com • Boca Raton/Delray Beach News -Friday-Saturday, October 5-6, 2007 13
CITY OF DELRAY BEACH,FLORIDA
NOTICE OF PUBLIC HEARING
PUBLIC HEARING will be held on the
following proposed ordinances at 7:00
p.m. on TUESDAY, OCTOBER 16,
2007 a at any continuation of such
meeting which is set by the
Commission), in the Ciry Commission
Chambers, 100 N.W. 1st Avenue, Del-
ray Beach, Florida, at which time the
City Commission will consider their
adoption. The proposed ordinances
may be inspected at the Office of the
Ciry Clerk at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida, be-
tween the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday, except
holidays. All interested parties are in-
vited to attend and be heard with re-
spect to the proposed ordinances.
ORDINANCE N0.47-07
'~ AN ORDINANCE OF THE CITY COM-'
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA-
TIONS OF THE CITY OF DELRAY ~,
BEACH, BY AMENDING SECTION
7.4.1, "INTERPRETATION OF LAND
DEVELOPMENT REGULATIONS",
SUBSECTION (A), °BUILDING REG-
ULATIONS"; AMENDING ARTICLE
2.2, "ESTABLISHMENT OF BOARDS
HAVING RESPONSIBILITIES FOR
LAND DEVELOPMENT REGULA-
TIONS"; AMENDING SECTION 2.2.1,
SUBSECTION (A),
"OUALI FICATIONS"; AMENDING
SECTION 2.2.4, °THE BOARD OF
ADJUSTMENT", AND REPEALING
SEC71ON 2.2.5, "THE BOARD OF
CONSTRUCTION APPEALS', IN OR-
DER TO COMBINE 80TH SECTIONS
INTO A NEW SECTION 2.2.4, "THE
BOARD OF ADJUSTMENT'; AMEND-
ING SECTIONS 2.4.3, "SUBMISSION
REQUIREMENTS", SUBSECTION
(K)(1), "DEVELOPMENT APPLICA-
TIONS", IN ORDER TO REMOVE
REFERENCE TO BOARD OF CON-
STRUCTION APPEALS; AMENDING
SEC71ON 7.1.3, "BUILDING CODE",
SUBSECTION (A), SECTION~7.8.9,
"INVESTIGATION; NOTICE", SUB-
SECTION (A)(5), SECTION 7.8.12,
"STANDARDS FOR DETERMINING
'. ACTION TO BE TAKEN BY BUILDING
OFFICIAL", AND REPEALING SEC-
710N 7.8.13, "PROCEDURAL MAT-
TERS, BOARD OF CONSTRUCTION
APPEALS", AMENDING SECTION
7.8.14, "APPEALS, GENERALLY;
BOARD OF CONSTRUCTION AP-
PEALS", SECTION 7.8.15,
"DECISIONS, GENERALLY", SEC-
TION 7.8.16, "APPEALS, AUTHOR-
ifEb FORM", SECTION 7.8.17,
"HEARING, FAILURE TO APPEAR AT
HEARING, BOARD OF CONSTRUC-
TION APPEALS", SECTION 7.8.18,
"RULES OF PROCEDURE FOR
HEARING APPEALS, BOARD Or=
CONSTRUCTION APPEALS", SEC-
TION 7.8.19, "STAYING OF NOTICE
UNDER APPEAL TO BOARD OF
,CONSTRUCTION APPEALS", SEC-
' TION 7.8.20, "FAILURE TO COMPLY
WITH FINAL ORDER OR DECISION",
SECTION 7.8.27, "RECOVER OF
COST OF DEMOLITION; LIENS°,
AND SECTION 7.8.22, "VIOLATIONS;
PROVIDING FOR INDEPENDENT JU-
DICIAL PROCEEDING", IN ORDER
TO SUBSTITUTE "BOARD OF AD-
JUSTMENT' FOR "BOARD OF CON-
STRUCTION APPEALS"; PROVIDING
A SAVING CLAUSE, A GENERAL RE-
PEALER CLAUSE, AND AN EFFEC-
T TIVE DATE.
ORDINANCE N0.46-07
ADi RDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 37, "DELRAY BEACH
CODE ENFORCEMENT" OF THE
CODE OF ORDINANCES BY AMEND-
ING SECTION 37.45,
"SUPPLEMENTAL CODE EN-
FORCEMENT PROCEDURES", SUB-
SECTION 37.45(L), "RECOVERY OF
UNPAID CIVIL PENALTIES; UNPAID
PENALTY TO CONSTITUTE A LIEN;
FORECLOSURE", TO PROVIDE FOR
THE PLACEMENT OF LIENS DUE TO
UNPAID CITATIONS; PROVIDING A
SAVING CLAUSE, A GENERAL RE- I
PEALER CLAUSE, AND AN EFFEC-~
TIVE DATE. ~.
Please be advised that 'd a person de-
cides to appeal any decision made by
the City Commission with respect to
any mailer considered at these hear-~
ings, such person may need to ensure
that a verbatim record inclutles the
testimony and evidence upon which
the appeal is to be based. The City
does not provide nor prepare such)
record pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH '~.
Chevelle D. Nubin, CMC
Ciry Clerk
Publish: Friday, October 5, 2007
Boca RatoNDelray Beach News