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