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O89-24AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15, ARTICLE VI NEWSRACKS, SECTION 15-88 ENFORCEMENT OF NEWSRACK PROVISIONS, TO PROVIDE FOR REMOVAL OF NEWSRACKS AFTER NOTICE AND HEARING; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 15 NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That Chapter 15, Article VI Newsracks, Section 15-88 Enforcement of Newsrack Provisions, is hereby amended by deleting the words in struck-through type and adding the words in underlined type as follows: Sec. 15-88 Enforcement of newsrack provisions. (a) Upon the determination of the city manager or his designee that a newsrack has been installed, used or maintained in violation of the provisions of this article, notice of violation pursuant to Chapter. 2, Article V of the Code of Ordinances of the City of Boynton Beach m~%~ shall be issued to the distributor of the newsrack. In addition, a copy of the notice shall be posted on the offending newsrack. (b) Failure to properly correct the offend±ng:condition within ~¥'~-~ays-a~e~-~he-mai~iR~-~a%e-e~-~he-~e~e the time specified by order of the Code Enforcement Board after proper notice and hearing shall entitle the city to remove the offending newsrack. If the offending newsrack is not properly identified as to the distributor under provisions of section 15-84(3) hereof and the distributor is not otherwise known, a notice of violation may be posted thereon, and if the offending condition is not corrected within thirty (30) days, it shall be stored by the city at the distributor's expense for a period of ninety (90) days. The newsraCk shall be released to the distributor upon a proper showing of ownership and payment of all storage charges. In the event the newsrack is not claimed within the ninety-day period, the newsrack may be sold at public auction and the proceeds applied first to storage charges and then paid to the city. At least ten (10) days prior to the auction the city clerk shal!l publish a description of the newsrack, the location from which it was removed, and a notice of the auction in a newspaper of general circulation in the city and shall provide the distributor, if it has been properly identified on the newspaper rack, pursuant to section 15-84(3) or if otherwise 'known, with written notice of the auction by certified mail, return receipt requested. (c) In the event a newsrack dist~ the code enforcement board to c¢ article, the removal of the newsr final disposition of an appeal, i as provided for in the code e (section 2-72 et seq.) and Statutes. (d) In the event of an storm, in which the newsrack instrumentality by virtue of catastrophe, all newsracks which must be removed by the owners ther city that such an emergency is exp Beach area. If the newsrack is thereof, the city may remove sai( section. Section 2. Each and every 15 of the Code of Ordinances of Florida, not specifically amended force and effect as previously ena Section 3. That all ordin in conflict herewith be and the s~ Section 4. Should any se, ordinance or portion hereof, any ~ be declared by a court of con invalid, such decision shall not ~ ordinance. Section 5. ordinance. Authority is hl Section 6. This ordinanc immediately upon passage. FIRST READING this ~-~ day SECOND, FINAL READING and :ibutor has been ordered by )rrect a violation of this ~ck shall be stayed pending any, to the circuit court nforcement board ordinance Lapter 162, Florida State emergency, such as a severe may become a dangerous the natural forces of .re not securely bolted down ~of upon notification by the ~cted in the City of Boynton not removed by the owner newsrack pursuant to this other provision of Chapter ~he City of Boynton Beach, herein shall remain in full ~ted. ~nces or parts of ordinances ne are hereby repealed. ~tion or provision of this aragraph, sentence, or word oetent jurisdiction to be ~fect the remainder of this ~reby granted to codify said shall become effective )f ~~$~, 1989. ?ASSAGE this day of ATTEST: (Corporate Seal) CITY FLORIDA