O93-22 ORDZNANCE NO.
AN ORDINANCE OF THE CiTY OF BOYNTON
BEACH, FLORIDA, AMENDING CHAPTER 5
SECTION 5-4 OF THE CODE OF ORDINANCES OF
THE CITY OF BOYNTON BEACH TO ADD A NEW
SECTION 5-4.1 ENTITLED "WORK COMMENCING
BEFORE PERMIT ISSUANCE"; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, upon recommendation of staff, has determined it to be
in the best interests of the citizens and residents of the
City of Boynton Beach to amend Chapter 5, Section 5-4 of the
Code of Ordinances of the City of Boynton Beach, establishing
penalties for commencing work prior to obtaining required
permits; promulgating administrative policy for waiver or
reduction of penalty fees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are
hereby made a specific part of this Ordinance upon adoption
hereof.
Section 2. That Chapter 5, Section 5-4 of the Code of
Ordinances of the City of Boynton Beach, Florida is hereby
amended to add a new Section 5-4.1, as follows:
Sec. 5-4.1 Work commencing before permit issuance.
If any person commences any work on a building,
structure, plumbing, mechanical or gas system
before obtaining the necessary permit, he shall be
subject to a penalty of four (4) times the
established permit fee. The Building Official
shall promulgate an administrative policy which
allows a waiver of the penalty fee, in whole or in
part. The policy shall provide for appeal of a
decision of the Building Official regarding the
waiver or reduction of penalty fees.
Section 3. To the extent of any conflict between this
provision and a provision set forth in the Building Codes
adopted by the City, this provision shall Prevail.
Section 4. If any clause, section or other part of
this Ordinance shall be held by any court of competent
jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as
eliminated and in no way effecting the validity of the other
provisions of this Ordinance.
Section 5. That all Ordinances or parts of
Ordinances, Resolutions or parts of Resolutions in conflict
herewith, be and the same are repealed to the extent of such
conflict.
Section 6. That this Ordinance shall take effect
immediately upon adoption.
PASSED ON FIRST READING this _~.~ day of July, 1993.
day of/~~7-
PASSED AND ADOPTED ON SECOND READING this ~_~
1993.
CITY OF BOYNTON BEACH
CommissJ
ATTEST:
Commissioner
JAC/r
Bldg.fee