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ORDINANCE NO. 04-O~-I I
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION",
ARTICLE V, "CODE COMPLIANCE BOARD", SECTION 2-91,
"VIOLATIONS AND PENALTIES"; AND CHAPTER 9, "FIRE
PROTECTION AND PREVENTION," ARTICLE I, "PENALTY
FOR VIOLATIONS", TO PROVIDE FOR ENFORCEMENT OF
FIRE CODE VIOLATIONS THROUGH THE CODE
COMPLIANCE DIRECT CITATION PROCESS; PROVIDING
FOR CONFLICTS, SEVERABILITY, CODWICATION AND AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach Fire and Life Safety Division has
tetermined that it is in the City's best interest to provide the necessary enforcement
~uthority to its fire inspectors in order to allow fire inspectors to enforce fire code
,,iolations through the Cit)?s Code Compliance direct citation process; and
WHEREAS, the City Commission has determined that it is in the best interests of
he residents and citizens of the City of Boynton Beach to amend Section 2-91 and
~hapter 9 of the Code of Ordinances to specifically provide for the ability of fire
aspectors to enforce fire code violations through the direct citation process.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
)F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
;ection 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
~eing true and correct and are hereby made a specific part of this Ordinance upon
doption hereof.
;ection 2. Chapter 9, "Fire Protection and Prevention," Article I, "In General," Section
'-1, "Penalty for violations" of the Boynton Beach Code of Ordinances, be, and the same
hereby amended to read as follows:
Page 1 of 3
! Sec. 9-1. Penalty for violations.
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(a)
(b)
(c)
Any person violating any provision of this chapter
or the fire prevention code adopted in this article shall be punishable in
accordance with the provisions of Sec. 1-6, Sec. 2-83, and Sec. 9-1
It shall be unlawful for any person to violate the
National Fire Codes, or to refuse to obey any provision or regulation
thereof, under the penalties provided in Sec. 1-6, Sec. 2-83, and Sec. 9-1
The application of a penalty for violation of this
:hapter shall not be held to prevent the enforced removal of prohibited
:onditions.
Section 3.
That Chapter 2, "Administration", Article V, "Code Compliance
3oard", Section 2-91, "Violations of Penalties", of the Boynton Beach Code of
)rdinances, be, and the same is hereby amended to read as follows:
SCHEDULE OF CIVIL PENALTIES
UNIFORM FINE SCHEDULE Fine
Class ! $ 50.00
Class II $ 75.00
Class III $125.00
Class IV $250.00
Fine Class/
First Offense
Violation
ffense
Fine Class/
Second
Violations of Fire Code. Chapter 9
IV IV
Section 4. Should any section or provision of this ordinance or portion hereof,
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1 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
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invalid, such decision shall not affect the remainder of this ordinance.
Section 5. Authority is hereby granted to codify said ordinance.
Section 6. This ordinance shall become effective immediately upon passage.
FIRST READING this [ day of //(~.~.~ ,2004.
FINAL READING AND PASSAGE this I~' day
,2004.
\TTEST:
of
CITY OF BOYNTON BEACH, FLORIDA
Comr~oner f / "-..-.
Comm~ss~one~ ~'F '-.,
· 82.BB\ORD\Fire Code Violations (Direct Citation).doc
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