HomeMy WebLinkAboutDocumentation_Workshop_Tab 03_1/31/2022Agenda Item #3.
Workshop
STAFF
Meeting:
Staff Contact
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MEMO
Workshop - Jan 31 2022
Jeremy Allen, Village Manager
Discuss Process of Ordinance Adoption
Department: Manager
Staff has been asked to include the ordinance adoption process in a workshop for further discussion.
"Ordinance" means an official legislative action of a governing body, which action is a regulation of a
general and permanent nature and enforceable as a local law.
"Resolution" means an expression of a governing body concerning matters of administration, an
expression of a temporary character, or a provision for the disposition of a particular item of the
administrative business of the governing body.
Ordinance Adoption Process:
• Item Workshopped (Depending on the Issue)
• When appropriate the Ordinance will be heard through Local Planning agency (LPA)
• Item placed on Council agenda for first reading and is a Public Hearing.
• If by majority of council an ordinance is passed in first reading the Council will hold a second
hearing
• Summary of Council items and actions put forth are summarized by the Clerk's office
• Upon Council direction the item will be placed on a future agenda for 2nd reading and Public
Hearing (Typically 30 days from 1st reading).
• 10 days before adoption, the Ordinance is advertised in the legal in the Palm Beach Post.
o Ordinances are all handled differently and advertised differently based on content
(Governed by Law)
• Summary of Council items and actions at 2nd reading are summarized by the Clerk's office
Council has the discretion to put an effective date from the passage of an ordinance with the following
exceptions:
• Comp plan amendment ordinances are set at 31 days; see e.g. F.S. 163.3184 and 163.3187
• Land development regulations are required to be adopted within 1 year following adoption of the
underlying comp plan or plan amendment per F.S. 163.3202.
• Budget or millage rate by ordinance, you could not artificially delay the effective date of that.
• State preemption related ordinances, if the state law change is already effective, we should not
be writing delay into our conforming ordinances and remain out of compliance with state law.
Once an ordinance is passed or with any ordinance in code violators are given a Notice of Violation.
This usually gives a period of time to come into compliance before a Violation is issued. Once a
violation is issued the matter is referred to the Special Magistrate.
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Agenda Item #3.
Note: Some iteration of SB 280 if passed will put additional burdens on municipalities to provide impact
statements for businesses. This could effect the process and timing of adopting ordinances.
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