Minutes 08-07-46MINUTES OF A SPECIAL k~EETING OF THE CITY
COMMIS~ION OF THE CITY OF BOYNTON BEACH,
FLORIDA. ~
A special meeting of the City Commission of the City
of BoynZon Beach, Florida, was held at the City Hall of such City
on ~he 7th day of August, 1956, at the ho~tr of eleven o'clock A.M.
of such day,
there being present at such meeting:
B. V. Tattersall, Vice-M~yor and Commissioner
A. V. Petersom, City Clerk and Commissioner
Paul Mercer, Mayor and Commissioner, being beyond the limits of
the State of Florida, was not present.
B. V. Tattersall presided at e~uch meeting, and stated
the purpose of such meeting to be the consideration of the passage
and adoption of, or rejection of, a proposed emergency ordinance,
entitled:
AN OPJ)INANCE MAKING IT UI~LAWFUL TO EXCAVATE
OR REMOVE SOIL FRO~I LA~NDS ~ITHIN THE TERRI-
TORIAL LIMITS OF T~ CITE OF BO~TON BEACH,
FLORIDA, '~ITHOUT FIRST HAVING PROCURED A PERi, IT;
PROVIDING FOR TP~E MANNER AND FORM OF APPLICATION
FOR AND ISSUANCE OF SUCH PEPJ~IIT; PROVIDING A
PENALTY FOR VIOLATION THEREOF; REPEALING ALL
ORDINANCES OR PARTS OF ORDI~ANCES IN CONFLICT
~iTH SUCH ORDINANCE; AND DECLARING AN EMERGENCY.
Commissioner Peterson moved the passage and adoption
of the following Ordinance:
AN 0RDINANDE NAKINC- IT UNLAWFUL TO EXCAVATE
C~_. ~0VE BOI~L FR0~ ~ND8 ~YIT~N T~ TE~I-
TOR~ LIMITS 0F T~ CITE 0F BOYNTON
~0BIDA~ ~ITH0~ ~FIRST ~.VING PE~b A P~IT;
PROVIDING ~OB T~ I~NEB A~ FO~ OF ~PLICATION
FOR ~ ISSUANCE OF SUCH p~T; PR~ID~G A
PE~TY FOR VIO~ION T~OF; REPE~
ORDI~NOES OR p~S OF O~I~CES IN CO~LIOT
~ITH SUON O~I~OE; AND DEC~IN~ AN
~SIE~, the excavation and removal of soil, both
topsoil and s~bsoil, from lands within the corporate limits of the
City of Boynton Beach, Florida, with the consequent lowering of the
topographical level of s~oh lands; without refilling such excaVation
pits and. depressions caused thereby, and thus restoring the
gr~ohical level ef such lands; has created and camsed to exist
~ithin such City:
(a) A condition where mosquitoes, sandflies and other
insects live and breed, and are likely to live
breed, detrimental to the health z~d wellbeing of
the citizens and residents of the City of Boyn~on
Beach, Florida;
(b) A condition of drainage and seepage of szl~ and
brackish wa~er detrimental and dangerous ~o the
growth of groves, trees, ornamental-sb~mbs ~nd plants
in the vicinity of such excavation pits and depress-
ions;
(c) A condition which is unsightly4~ destructive and
detrimental to the ornamentation znd beauty of the
City of Boynton Beach, Florida;
(d) A condition where disease germs are likely ~e breed,
and which ~ crea~a menace to the health and
wellbeing of the citizens and residents of the City
of Boynton Beach, Florida;
(e) A condition detrimental and dangerous, and a me~aOe
to the health, wellbeing and prosperity cf %he citizens
and residents of the City of Boynton Beach, Florida;
(f) A condition which creates a nuisance in the City of
Boynton Beach, Florida;
(g) A condition which is conducive ~e ~he harboring and
propagation of snakes, reptiles, landcrabs and other
%u~desirable forms of animal life;
-1-
(h)
A condition which is attractive, dangerous and hazard-
ous to children cf immature years, and to their hea~lth
amd wellbeing 4
NGW, TR~E~EFORE, BE IT ORDAINED BY THE CITY CO¥~MtSBION
OF T~ CITY OF BOYNTON BEACH, FLORIDA:
That the excavation and removal of soil, both topsoil
and subsoil, from lands within the corporate limits of the City
of Boynton Beach, Florida, with the consequent lowering of the
topographical level of such lands, without refilling such excavation
pits and depressions camsed thereby, and thus restoring the topo-
graphical level of such lands, will create and cause to exist within
such City;
(a)
A condition where mosquitoes, sandflies and other insects
live and breed, detrimental to the health and wellbeing
of the citizens and residents of the City of Bcynton Beach,
Florida;
A condition of drainage and seepage of salt and brackish
water, detrimental and da~-gerous to the gro~h of groves,
trees, ornamental shrubs and plants-in ~he vicinity of such
excavation pits and depressions;
A condition which is u~sightly, destructive and detrimental
to the ornamentation and beauty of the City of Boynton
Beach, Florida;
A condition where disease germs are likely to breed, and
which will create a menace to the health an~ wetlbeing of
the citizens and residents of the City of Boynton Beach,
Florida;
(s)
A condition detrimental and dangerous, and a menace to
the health, wellbeing and prosperi'~y o~ the citizens and
residents ~f the City of Boynton Beach~ Florida;
(f) A condition which will create a nmisance in the City of
Boynten Beach, Florida;
(g)
A oonditZon which will be conducive to the harboring and
propagation of snakes, reptiles, lan&crabs and other un-
desirable forms of animal life;
(h)
A condition which will be attractive, dangerous and hazard-
ous to ~hildren of immature years, and go their health' and
wellbeing
BE IT ~D~TPU~R ORDAINED BYTHE CIT~ CO~MISSION OF THE
CITT OF BOYNTON BEACH, FLORIDA: That ~o person, firm or co~pora~ion
sbmll excavate or remove the ~epseil or subsoil from any lands
within the corporate l~its of ~he City of Boynton Beach, Florida,
so as to crea~e or cause ~o e~is~ an excavation pi~ or depression
therein er thereupom, or cause the ~epe~aphieal level of such lands
~e be lowered; wi~hou~ firs~ ~ving proc~ed a pe~i~ so ~o do, as
in ~his Ordinance provided;
BE IT ~T~R 0~AI~D BY T~ CITT COmmISSION OF T~
CITE OF BOY. ON B~CH, ~OR~A: That any person, persons, fi~ or
corporation desiring ~o excavate or remove any top~eil or subsoil
from any lands within the co~orate limits of the Ci~y of Boyn~on
Beach, Foorida, shall file a ~i~en application ~th the City Com-
mission of the City of Boyn~on Beach, Flori~; an& therein se~ forth
~he description of the la~ds from which he des~es ~o remove such
soil, the approximate amo~ut of soul ~o be removed, and the depth
~ ~o excavate uoon such lands;f~ ~ ~ ' ~ ·
to ~ich he ~esires ~ ~~
~oom ~he filing ef such aDplication, the~ity of
Be~ch, Florida, shall f~ a reasonable level co~en~ura~e with the
~opo~aphic level of lands ~Jacent ~o and smrre~ding the lands
upon ~ieh s~ch excavation is sou~ ~o be made, to ~ich i~ will
require ~uch lands tG be filled when ~uohexcava~io~ has been
plete~; and s~ll ~$o f~ a reasonable time wit~n which it ~ll
require ~uch fill ~o be made, and shall l~ewise fix ~he ~o~ of
the perfermsnce bomd that it will require from such applicant;
Upem the applicant's entering in~o ~ contrao~ with ~he
City of Beynton Beach, $1erida, to make ~uch fill, or refill, within
th~time,tO the t~p_cgraphic level so prescribed by The City Com-
e'mission, and upon the applicant's further entering into a good and
sufficient performance bond, in an amount ~&hwith sureties to be
approved by the Oity Commission of the City of Boynton Beach, Florida,
for the faithful performance of such contract by the applicant, the
City Commission of the City of Bcynton Beach~ Florida, shall issue
such permit for such excavation and removal of soil.
BE IT ~TNJERORDAIE~D B~ THE OITE COmmISSION OF THE
CIT~ OF BoYNTON BEACH, FLORIDA: That im case or in the event
any person to whom a permit has been granted s~ll
abandon such work so authorized and permitted, or should such person
attempt to excavate to a level of greater depth, or remove a greater
amount of soil than is sho%m by such application and permit; the City
Commission of the City of Boynton Beach, Florida, shall be authorized
to cancel the permit so granted and ,to direct, within the time ~o fixed
by it, the fill and refill of such excavation pits and depressions,
and the restoration of such premises to the topo~aphlcal leve~
fixed by it, as fully and completely in each instance as though
such work had been co~pleted in accord wi~h the permit so granted.
BE IT ~wTERTHER ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLOP~DA: That any person, firm or corporation
violating this ordinance, or any of the provisions thereof, shall,
upon conviction thereof, be punished by a fine of not less than Five
, ~ O0 Dollars, or im-
($5[.00) D611ars~ nor more than Five Hundred
prisonment in the City Jail for a period of n~ne~y (90) days, or
both such fine ~nd imprisonment.
BE IT FURTHER ORDAINED BT THE CITY CO~4ISSION OF THE
~ F BoYNTON B~&CH, FLORIDA: TD~t each day's violation of this
~ITY O
~i~amce sh~l~l be ~en$i~-e~ed a s,epara~e offense® amd separate
toppe! to a p~osec~ti~ f.r a cem~i~ed ~iolation.
ShoulA any p~ticul~ section ~ this ~d~ce be
declared to ~ uneonstitmtio~l~ o~,in vio~tie~ of the e~antc
law, b~ a C~m~t ef competent J~isdiction, anch ~me~mstitution-
~ity o~ vio~tion of the e~ga~ie ~w shall no~t ~fect a~ ethe~
section o~ p~ovision ef this ~dinance.
BE IT ~ER $~; t~t a ~ave e~ge~0y, ~fect~g
the Deace, health, safety ~d well bei~ of t~ citizens ~d
~esidents ef the City of Boston Beach Florida, does exist,
a~ is he.by declared to exiat, f~ the ~iate passage and
adoptien of this
BE IT ~2~ ~IN~; t~t all ~i~ces
o~di~nces in c~llet herewith be, a~ the s a~ here~y
~ aled.
BE IT ~T~R ORDAINS; that this er~nce, berg an
emergency e~di~mce shali t~e effect ~ediately upen its ~ssage
and adoption.
This 0~inamce
August A.D. 1946~
Att est:
ThereuDon~ Such Ordinance wa~ fully read~ and considered
by the City Commission; Commissioner Tattersall seconding the motie~
for the passage and adoption ef such o~dinance; and ~oon a vote
being had thereon~ the foregeing Ordinance Was ~Uanimously Passe~
and adopted.
Therebezng' no newspaper published in the City of
Boyn~o~ Beach, Fieri~a, the City Clerk was directed to post a
copy of Such Ordinance so Passed and adopted at ~he .~Dn$ doer
of the City Hall in ~he City of BbyntonBeaeh~ Florida,
formity ~o the Charter of such City. ~ ~ in con_
N6 further business coming before ~he meeting, upon
motion regularly made, Seconded and carried such meeting did
adjourn. '
Attes~:
City ~lerk - ~-~
Vice