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O#198ORDINANCE NO. 198 22.I 0RDIN~d~CE M~KING IT UN~A~.~FUL TO EXCAVATE OR FF~OVE SOIL FROM ~NDS f¢ITZHIN ~E TEREI- TORIAL LIMITS' O~ THE CITY OF BOYi~TON BEACH, FLOPIDA~ W~YHObT FIRST HAVING PROCURED A PER~[IT; PROVIDING FOR THE i~A~NER AND FORM OF APPLICATION FO~ ~ND ISSUANCE OF SbCH P~RNIIT~ PROVIDING A PENALTY FOR VIOI~TION ~HEPJEOF~ REPEALING ALL ORDINANCES OR PARTS 0Z OrdINANCES Ii~ CONFLICT WI%~ SUCH 0RDINANCE~ Ai~-D DECLARING AN EMERGENCY. ~,~EREAS, the excavation and removal of soil, both topsoil and subsoil, from lan~s within the corporate li~_.its of the City of Boynton Be~ch, Florida~ with tt~ consequent lowering of ~b~ topo~raphicai level of such land's; without refilling such exo~ti~n pits and depressions caused thereby, and thus ~estoring the topographical level of such lands; ?aas created and saused to exist within such City: A ¢or~ditTon wlmere mos~aitoes, sandflies ~d other ins~czs live m%d breed, ~ad are likely to live and breed, detrimental ~o the Y~alth ~d wel!b~ing of the citizens anm residents of the City of Eoynton Beach~ Florida; (b) 'A condition of drainage and seepage of salt and brackish water detrimental and danger~as to the growth of groves, trees, ornamental shrubs ~ld plants in the vicinity of such .xcavatkcr~ pits az~ depressions; (c) A condition which is uns.igD_tty, destructive and detrimental ~o the ornamentation and beauty of the City of Boynton Beac_~, Florida; (d) A condition where disease gerzns ~re likely to breed, and which creates a menace to the health and well- being of the citizens m%a residents of the City of Boynton Leach, Florida~ A co~-~dition detrimental and dangerous, ~d-a menac~ to the health, wellbeing a~ prosperity of th~ citizens and residents of the City of Eoynton Eeach,~ Florida; (f) A condition which creates a nuisance in the City of Bo~ton Leach, Florida~ (g) A condition which fs zonducive to the harboring and propagation of snakes, reptiles, iandcrabs and other undesirable forms of animal life; (h) A condition which is attractive~ dangerous and hazard- ou~ to children of i~mmt~re y~ars, and to their health and wellbeing. NO~ THEREFORE, ~E i% OPJ)AIii~mD BY TEE CITY C0~¥2~IISSI0i~ OF Tb/E CiTY OF BOYNTON BEACH.~ FLORIDA; That the excavation and removal of sGil~ both topsoil and subsoil, from lands within the corporate limits of the $ity of Boyzzton Beach~ Fiorida~ with the co~mequent lowering of topographical level of such lands~ without refilling such ex- cavation pits and aepressions caused thereby, al'~ thus restoring tlme topographical level of such lands, will create and cause to exist withinBsuch City; (a) A condition where mosquitoes, sm~dflies ~d other insects live and breed~ detr~ental to the health and wel!being of the citizens and residents of the City of Boynson Beach, Fiorida~ (b) A condition of drainage and ~seepage of salt and brackish water, detrimental and dangerous to the grow~ of groves, trees~ ornamental shrubs and plants in the vicinity of such excavation pits and depressions; A condition which is unsightly, destructive and trimental to the ornamentation~and beauty of the City of ~oynton Eoach~ Florida; A condition ~im~re diseas~ germs are likely to breed, and ~Wnich will cr~a~e a menage to the health and wellbeing of the citizens and residents of the City of Boyn~on Beach, Florida; A condition detrimental and dangerous~ and a menace to the h~alth~ wellb~ing and prosperity of the cit- izens aha residents of the City of Bo~ton Beach, Florida; (f) A condition which w~ll create a nuisance ~n the Cit~ of Boynton Beach, Florida; (~) A ~onamtmo~ which will be conducive to the harbbring and propagation of snakes, repti!es~ !~-~dcrabs and other undesirable forms of animal life; (h) A condition which will be attractive, ds~gerous and hazardous uo children of i~ature ysars~ ~d to their health and weltbsing. BE IT F~RTHER ORDAINED BY THE CI1~f CO~D~[iS£ION OF ThE CITY OF BOYNTON BEACH, FLORIDA: That no psrson~ firm or potation shall excavate or remove the ~opsoi! or subsoil from any lands within the corporate limits of the City of Boynvon Beach~ Florida~ so as ~o create or cause to exist an excavation pit or depression therein or thereupon, or causo the topograph- ical lev~t of such lands ~o be lowered; without first h~aving procured a permit so ~o do, as in this 0rdinancs provided; BE IT FUR%HER ORDAINED BY ~RE CItY C01~¥1iSSIOR OF T~ CIT~ OF BOYNTON BEACH, FLORIDA: %~_at an~ person, parsons, firm or corporation desiring to excavate ur remove any topsoD1 or subsoil from any l~nds within the corporate limits of the City of Boy~ton Beach, Florida~ shall file a written application with the City Conmnission of the City of Boynton Eeach, Florida; and thers~ set forth the description of the lan~s from which he, me~ires to remove such SOiml, the approximate ~uount of soil ~o be removed, and the depth to which he desires to excavate upon such lands~ Upon tho filing of such application, the City mission of the Civy of Boynton Beach, Florida~ shall f~ a reasonable level commensurate with the topographic level of lands adjacent ~o and su_~rounding the lands upon which such excavation is sought to bo made~ to -~mich it will require such lands ~o bo filled when such excavation has been completed; and shall also fix a reasonable time within which it.Till quire such fill to bs ~do, and shall likewise fix the amo~'lt of tho performance bond that it will require from suc'h applicant; Uoon_ the applicant's entering into a contract wiith tho City of Boynton Beach, Florida, to make such fill, or refil!~ within the time, to the typographic level so prescribed by the City Commission, and upon the applicant's further entering into a good and sufficient performance bond, in an amount and with sureties ~o be approved by the City Conmuission of the City of Boynton Beach, Florida, for tho faithful performance of such contract by tho applicant, the City Conmuission of tbs City ~f Boynton Eeaoh~ Florida, shall issue such permit for such cavation and removal of soil. BE IT FURTHER ORDAINED BY THE'CITY C0kOm'iISSiOE OF THE Ci~ OF BOYNTO~ BEACH, FLORIDA: Thab in case or in the event any person to '~hom a permit has been granted shall abandon s~ch wo~k so authorized and p~mitted, or should such person attempt to excavate to a iovet of greater depth, or remove a Ereator amount of soil than is shown by such application and permit; ~he City Co~uission of the City of Boynton Beach, Florida, shall be authorized tbooancel th~ permit so and to direct, within the time so fixed by it, tko fi~l and refiil of such excavation-pits and depressions, and the res- toration of such promises to the topographical tevol so fixed by it, as fully and completely in each mnstancs as thoug~h suOh womk had been completed in accord with the permit so gmanted. BE IT FURTHER OP~AINED BY THE CI'i~ CO,¥~!$SION OF T~ CI~ OF BOYNTON BEACH, FLORID~. Tb~t any person, firm or corporation violating this ordinanco~ or any of ~o provisions thereof, shall, upon conviction thoreof~ be punished by a fime of no~ loss than Five (~$.00) Dollars, nor more than Five Hundred ($~00o00) Dollars, or iinprisonmont in the City Jail for a period of not moro than ninety (90) days, or both such fine snd impris- BE IT FURTHER ORDAINED BY T~q~ CI~Z S0~!SSiON OF THE CiTY OF BO~q~TON BEADH~ FLORIDA.~ That each day's violation of this or<linance shall be considered a separate offense and separate violation.thereof; a~.'~d the prosoc~ation of any person~ firm or corporation under .the te~us hereof shall not operate as an extoppel to a prosecution for a continued violation. Should any particd1!ar section of this Ordinance be 'declared to be unconstitutional, or~ in violation of tho organic law, by a ~ourt of competent jurisdiction, such uncon'~itulonality or violation of the organic law shall nov affect any ot~r section or provision o~ this Ordinance. ~E IT PURT~R ORDAINED~ that a grave omergondy, affecting ti~ p~ace, h~tth, safety and well being of the citizens and residents of tb~ Oity of ~oynton Leach Florida~ does exist~ and is hereby declared to exist, for tbs i~mmediate passage and adoption of this Ordinance. BE IT ~J~THER 0P~AIN.ED; that all ormlinsllces or parts of ordinal'zees in conflict ne_swltn be, and the same hereby are repealed o BE iT Ff3RTHER 0RDAI!~; that this ordinancs~ being an emergency ordinance shall take effect ii~uediatety upon its' passage and adoption. This 0rdinance passed and adopted this 7th., day of August g. D. 1~46. (Signed) ~. V. Tattersall Vice ~ayor and CoL~missio~er (Si~ed)~ A. V. Pete~son ~!er~ a~d Co~2nissioner k~test. (Smgn~d/ _A. V. Pet~rson Oity Clerk Posted August 7~ 1948 11:30 A. M.