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HomeMy WebLinkAboutDocumentation_Regular_Tab 10A_11/8/1990a 3A VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Dro e Tequesta. Florida 33469-0273 • (407) 575-6200 FAX: )-Uh) 575-6''03 M EMO RANDUM TO: Village Council FROM: Thomas G. Bradford, Village Manager DATE: October 19, 1990 SUBJECT: Proposed Ordinance Relating to the Tequesta Code Enforcement Board; Agenda Item The attached Ordinance has been placed on the Agenda to allow for a discussion of the same. If the Council is satisfied with the intentions of the Ordinance, it may be adopted on first reading, should this be your preference. The Ordinance accomplishes the following: o Provides a definition for a "repeat violation". o Creates alternate member positions to be appointed for a term of three (3) years. o Adds enforcement powers relative to Chapter 7 - Community Appearance Board of the Code of Ordinances. o Specifically, prohibits a member of the Enforcement Board from initiating enforcement proceedings pursuant to the State Statutes. o Allows posting as an additional means of providing notice. o Allows repeat violations to be brought directly to the Board without requiring time for correction and allows a case to be brought to the Loard even if the repeat violation has been corrected prior to the Board hearing. o Allows irreparable or irreversible violations to be cause for an immediate notification of the Board and a request for a hearing. Recycled Paper 0 To: Village Council Proposed Ordinance Relating to Code Enforcement Board; Agenda Item October 19, 1990 Page 2 - ----------------------------------------- o Amends conduct of hearing to: 1) Eliminates the current requirement to attempt or make an effort to convene no less frequently than once every two months. 2) Allows certified copies of the Board orders to be recorded in the public records of the County, providing notice to subsequent purchasers, etc. that the findings of the Board are also binding upon any such subsequent purchasers, etc. 3) Allows a fine of up to $500.00 a day for repeat violation which is double the previous maximum fine. 4) Allows foreclosure on a lien after three months versus the previous six months. 5) Allows a lien to run for up to twenty years versus the previous five years, and allows the prevailing party in foreclosure to recover all costs. 6) Limits appeals to appellate review of the record created before the Code Enforcement Board. The Village Attorney can answer any questions that you may have regarding the changes proposed by this Ordinance. It is recommended that this Ordinance ultimately be adopted to stay current with State Law dealing with municipal Code Enforcement Boards. TGB/mk Attachments JONES, FOSTER, JOHNSTON & STUBBS, P.A. LARRY B ALEXANDER MICHAEL T. KRANZ GEORGE H BAILEY BLAIR R. LITTLEJOHN, III KEVIN C BEUTTENMULLER JOHN M LSROUX MICHAEL D BROWN JOHN BLAIR MtCRACKEN RUTH P CLE MENTS PAMELA A. MCNIERNEY SCOTT M COLTON TIMOTHY MONAGHAN JOYCE A CONWAY GUY RASIDEAU MARGARETL COOPER JOHN C. RANDOLPH BROWN R CORNWELL PAULA REVENE REBECCA G DOANE ANDREW ROSS RANDY D ELLISON STEVEN J. ROTHMAN L MARTIN FLANAGAN PETER A SACHS SCOTT A. GLAZIER JOEL T STRAWN LORIE. HANDELSMAN SIDNEY A. STUBBS, JR. SCOTT G HAWKINS ALLEN R. TOMLINSON THORNTON M HENRY JOHN S. TRIMPER PETER S HOLTON MICHAEL P. WALSH HARRY A JOHNSTON, II H. ADAMS WEAVER J. A JURGENS PAUL C WOLFE MARC S. WOOLF CHARLES B. KOVAL October 4, 1990 ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER 505 SOUTH FLAGLER DRIVE ELEVENTH FLOOR P. O. DRAWER E WEST PALM BEACH, FLORIDA 33402-3475 (407) 6593000 FAX: (407) 932-1454 WRITER'S DIRECT LINE: Scott D. Ladd, C.B.O. Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 or ft-.0,3 0 RE: Village of Tequesta/Code Enforcement 96&i nance Our File No. 13153.1 Dear Scott: R SAUCE JONES 1904.19M HENRY F LILIENTHAL 1902-1992 HARRY ALL ISC JOHNSTON 19951993 RETIRED WILLIAM A. FOSTER OTHER LOCATION 54 N.E. FOURTH AVE. DELRAY BEACH. FLORIDA 334M I have amended the Code Enforcement Board Ordinance to incorporate the amendments made by the State Legislature to Chapter 162 of the Florida Statutes relating to municipal code enforcement boards. For your information I am forwarding a copy of that legislation. I would recommend that this amending ordinance be considered for adoption by the Village Council. As you can see from the enclosed legislation, Part II thereof provides a vehicle for the Village to impose fines for civil infractions. This affords the opportunity for people to simply pay a fine directly to the Village in the event that person does not contest the violation or wish to contest it in county court. This is a supplemental method to take care of infractions which are not necessarily of a continuing nature which would require Code Enforcement Board action. You and Tom may want to give consideration to the pros and cons of adopting Part II of Chapter 162. I am available to discuss this matter at your convenience. Sincere n C. Randolph JCR/ssm Enclosure cc: Mr. Thomas G. Bradford ORDINANCE NO. 410 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 376 OF THE VILLAGE OF TEQUESTA ESTABLISHING A MUNICIPAL CODE ENFORCEMENT BOARD, AMENDING SECTION 3 RELATING TO DEFINITIONS; AMENDING SECTION 4 RELATING TO ORGANIZATION; AMENDING SECTION 5 RELATING TO APPLICABILITY; AMENDING SECTION 7 RELATING TO ENFORCEMENT PROCEDURE; AMENDING SECTION 8 RELATING TO CONDUCT OF HEARING; AMENDING SECTION 9 RELATING TO FINES AND LIENS; AMENDING SECTION 10 RELATING TO APPEALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows: Ordinance No. 376 of the Village of Tequesta, relating to the Village of Tequesta Code Enforcement Board is hereby amended as follows: Section 1. Section 3, Definitions, is hereby amended to include a new definition to read as follows: "Repeat Violation means a violation of a provision of a code or ordinance by a person whom the Code Enforcement Board has previously found to have violated the same provision within five (5) years prior to the violation." Section 2, Section 4, Organization, shall be amended to read as follows: "Section 4. Organization. The Village Council shall appoint a seven member Code Enforcement Board and legal counsel for the Board. The Village Council may also appoint up to two alternate members to serve on the Board in the absence of Board members. The members shall have the following qualifications and terms of office: (A) Members of the Code Enforcement Board shall be residents of the Village. Appointments shall be made by the Village Council on the basis of experience or interest in the fields of zoning and building control. The membership of the Code Enforcement Board shall whenever possible be as follows: 1. An architect 2. A business person 3. An engineer 4. A general contractor 5. A realtor 6. A subcontractor 7. A general member (B) In order that terms of offices of all members will not expire at the same time, the initial appointments to the Code Enforcement Board shall be as follows: Two (2) members shall be appointed for 1 a term of one (1) year each; three (3) members shall be appointed for a term of two (2) years each; two (2) members shall be appointed for a term of three (3) years each. Upon the expiration of each term, members may be reappointed for terms of three (3) years. Alternate members shall be appointed for a term of three (3) years. Any member may be reappointed from term to term upon approval of the Village Council. Appointment to fill any vacancy on the Code Enforcement Board shall be for the remainder of the unexpired term of office. Any member who fails to attend two (2) out of three (3) successive meetings without cause and without prior approval of the chairperson shall automatically forfeit his or her appointment and the Village Council shall promptly fill such vacancy. The members shall serve at the pleasure of the Village Council and may be removed as provided in the Village of Tequesta Code of Ordinances for removal of members of Village Boards. (C) The members of the Code Enforcement Board shall elect a chairperson. The presence of four (4) or members shall constitute a quorum of the Code Enforcement Board. Members shall serve without compensation, but may be reimbursed for such travel expenses, mileage expenses, and per diem expenses as may be authorized by the Village Council. (D) The Village Attorney shall be counsel to the Code Enforcement Board." Section 3. Section 5, Applicability, shall be amended to read as follows: "Section 5. Applicability. The Code Enforcement Board shall enforce and have jurisdiction of the following chapters of the Code of Ordinances of the Village of Tequesta, to -wit: 1. Chapter 2.5 - Alarms 2. Chapter 6 - Buildings & Building Regulations 3. Chapter 7 - Community Appearance Board 4. Chapter 10 - Health and Sanitation 5. Chapter 11 - Licenses 6. Chapter 12 - Noise 7. Chapter 16 - Signs, Billboards, etc. 8. Appendix A - Zoning 9. Appendix B - Subdivisions" Section 4. Section 7, Enforcement Procedure, shall be amended to read as follows: "Section 7. Enforcement Procedure. (A) It shall be the duty of the Code Inspector to initiate enforcement proceedings of the various codes; however, no member of the Enforcement Board shall have the power to initiate such enforcement proceedings. (B) Except as provided in Subsections (C) and if a violation of the Code of Ordinances of the Village is found, the Code Inspector shall notify the violator and give said violator a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the Code Inspector shall notify the Code Enforcement Board and request a hearing. The Code 2 Enforcement Board, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in Section 11 hereof to said violator. At the option of the Code Enforcement Board, notice may additionally be served by publication or posting as provided in Section 11 hereof. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing, and the notice shall so state. (C) If a repeat violation is found, the Code Inspector shall notify the violator, but is not required to give the violator a reasonable time to correct the violation. The Code Inspector, upon notifying the violator of a repeat violation, shall notify the Code Enforcement Board and request a hearing. The Code Enforcement Board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to Section 11 hereof. The case may be presented to the Code Enforcement Board even if the repeat violation has been corrected prior to the Board hearing, and the notice shall so state. (D) If the Code Inspector has reason to believe a violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the Code Inspector shall make a reasonable effort to notify the violator and may immediately notify the Code Enforcement Board and request a hearing." Section 5. Section 8, Conduct of Hearing, shall be amended to read as follows: "Section 8. Conduct of Hearing. (A) Upon request of the Code Inspector, or at such other times as may be necessary, the Chairperson of the Code Enforcement Board may call a hearing of the Code Enforcement Board; a hearing also may be called by written notice signed by at least three (3) members of the Code Enforcement Board. Minutes shall be kept of all hearings by the Code Enforcement Board, and all hearings and proceedings shall be open to the public. The village shall provide clerical and administrative personnel as may be reasonably required by the Code Enforcement Board for the proper performance of its duties. (B) Each case before the Code Enforcement Board shall be presented by a member of the Village's administrative staff. (C) The Code Enforcement Board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The Code Enforcement Board shall take testimony from the Code Inspector and alleged violators. Formal rLles of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (D) At the conclusion of the hearing, the Code Enforcement Board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper 3 relief consistent with powers granted herein. The findings shall be by motion approved by a majority of those members present and voting, except that at least four (4) members must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns, if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the Code Enforcement Board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance." Section 6. Section 9, Fines and Liens, shall be amended to read as follows: "Section 9. Administrative Fines; Liens. (A) The Code Enforcement Board, upon notification by the Code Inspector that an order of the Code Enforcement Board has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the Code Enforcement Board for compliance or, in the case of a repeat violation, for each day the repeat violation continues past the date of notice to the violator of the repeat violation. If a finding of a violation or a repeat violation has been made as provided in this section, a hearing shall not be necessary for issuance of the order imposing the fine. (B) A fine imposed pursuant to this section shall not exceed Two Hundred Fifty Dollars ($250.00) per day for a first violation and shall not exceed Five Hundred Dollars ($500.00) per day for a repeat violation. (1) In determining the amount of the fine, if any, the Code Enforcement Board shall consider the following factors: (a) The gravity of the violation; (b) Any actions taken by the violator to correct the violations; and (c) Any previous violations committed by the violator. (2) The Code Enforcement Board may reduce a fine imposed pursuant to this section. (C) A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the Circuit Court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. After three (3) months from the filing of any such lien which remains unpaid, the Code Enforcement Board may authorize the local governing body attorney to foreclose on the lien. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under Section 4, Article X, of the State Constitution. (D) No lien provided under this section shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers or valuable consideration without notice, unless a notice of lis pendens is recorded." Section 7. Section 10, Appeals, shall be amended to read as follows: "Section 10. Appeals. An aggrieved party, including the Village Council, may appeal a final administrative order of the Code Enforcement Board to the Circuit Court. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Code Enforcement Board. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed." Section 8. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 9. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 10. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 11. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. 5 0 THE FOREGOING ORDINANCE was offered by Councilmember who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1990. ATTEST: Village Clerk JCR\13153-01\CODENF.ORD 10\5\90 0 MAYOR OF TEQUESTA Joseph N. Capretta