O79-35ORDINANCE NO. 7~' 3~
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA ~A24ENDING
ORDINANCE 79-28 TO PROVIDE FOR THE APPOINT-
MENT OF ~0 (2) ALTERNATES, TO PROVIDE FOR
THE BURDEN OR PROOF, TO PROVIDE THAT THE
HEARING MAY PROCEED IN THE ABSE'N, CE OF THE
RESPONDENT, TO PROVIDE A SAVINGS CLAUSE,
TO PROVIDE Al.q EFFECTIVE DATE AND FOR OTHER
PURPOSES.
NOW THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE CITY
COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA:
'SeCtion 1. Section 4 of Ordinance 79-28 is amended as
follows:
Enforcement Board; Organization: The City
Council shall appoint a five (5) member Code
Enforcement Board, along with two (2)
alternates and legal counsel for the Board.
The members shall have the following qualifi-
cations and terms of office~
4(B) is amended as follows:
One (1) member and the two (2) alternates
shall be appointed for a term of one (1)
vear~
follows:
4 is amended by the insertion of a new Section 4(C) as
Alternate member(s) of the Board may attend
all meetings of the Board but shall act only
in the abSence, disability or disqualification
of a regular member thereof. When an alternate
pmember acts, the minutes~shall reflect in whose
lace an~ s~ead--'~the alternate ~is a~%in~. ·
6 is amended by the insertion of a new Section 6(D) to
read as follows:
At the hearing the burden' of proof shall.~be
upon the administrative official to show to a
prepOnderance of the evidence that a violation
does exist. Assuming proper notice of the
hearing has been provided to the respondent,
a hearing may proceed in the absence of the
respondent.
Section 2. All provisions of Ordinance 79-28 in conflict
terewith are repealed. The remaining provisions of Ordinance
79-28 are ratified and reaffirmed.
Section 3. This ordinance shall take effect immediately
upon its final passage.
FIRST READING the ~! day of __~ , 1979
CITY OF BOYNTON BEACH, FLORIDA
By
Mayor
E6uncil Memb e~ ~ .....
ATTEST:
(Corp. Seal)
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