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HomeMy WebLinkAboutDocumentation_Regular_Tab 9B_10/25/1990., , VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta DriN e Tequesta, Florida 33469-0273 • (407) 575-6200 FAX: (407) 575-6203 MEMORANDUM: 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 Board 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 I 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 r- JONES, FOSTER, JOHNSTON & STUBBS, P.A. LARRY B ALEXANDER GEORGE H BAILEY KEVIN C BEUTTENMULLER MICHAEL D BROWN RUTH P CLEMENT SCOTT M COLTON JOYCE A LONWAY MARGARETL COOPER BRRWN R CORNWELL REBECCA G DOANE RANDY D ELLISON L MARTIN FLANAGAN SCOTT A. GLAZIER LORIE HANDELSMAN SCOTT G. HAWK INS THORNTON M HENRY PETERS HOLTON HARRY A JOHNSTON, II J A JURGENS MARK 8 KLEINFELD CHARLES B. KOVAL MICHAEL T KRANZ BLAIR R LITTLEJOHN. III JOHN M L.ROUX JOHN BLAIR McCRACKEN PAMELA A MCNIERNEY TIMOTHY E MONAGHAN GUY RASIDEAU JOHN C RANDOLPH PAULA REVENE ANDREW ROSS STEVENJ ROTHMAN PETER A SACHS JOEL T STRAWN SIDNEY A STUBBS, JR ALLEN R. TOMLINSON JOHN S TRIMPER MICHAEL P WALSH H ADAMS WEAVER PAUL C WOLFE MARC S WOOLF 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) 659.3000 FAX (407) 832.1454 WRITER'S DIRECT LINE: Scott D. Ladd, C.B.O. Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta/Code Enforcement finance Our File No. 13153.1 Dear Scott: R BRUCE JONES 190A 19E8 HENRY F LILIENTHAL 19W.198Y HARRY ALLISON JOHNS'CN 189S 1983 RETIRED WILLIAM A. FOSTER OTHER LOCATION 54 H.E. FOURTH AVE DELRAY BEACH, FLORIDA 3UM 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 hn C. Randolph JCR/ssm Enclosure cc: Mr. Thomas G. Bradford F.S. 1989 ' F.S. 1989 _ COUNTY OR MUNICIPAL CODE ENFORCEMENT Ch. 162 elation of the " particular, severe fluc- by the pur- ction where rtially or to- -itrol line as seller shall rvey meet- ting the lo- ine on the •hes.— necessary )t for traffic :rs, is pro- ;etation of as other- ig any ve- stabilizing f a misde- provided ecessary purpose tradition- ithorized aches ex- )n over a ias: ee-fifths s of the 'ive date ,ordance 1 50 per- 3rking is )artment shall not :nuary 1, suant to -?hicular to sub- t three- c on all n. Any three- >onable )m any nance; )each- ce; or :ff pur- overn- 3cross e sec- ? or s. 88-106. CHAPTER 162 COUNTY OR MUNICIPAL CODE ENFORCEMENT PART I LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (ss. 162.01-162.13) PART II SUPPLEMENTAL COUNTY OR MUNICIPAL CODE OR ORDINANCE ENFORCEMENT PROCEDURES Is. 162.21) PART I LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS ' 62.01 Short title. 162.02 Intent. -:62.03 Applicability. 162.04 Definitions. 162.05 Local government code enforcement boards organization. 62.06 Enforcement procedure. 152.07 Conduct of hearing. 162,08 Powers of enforcement boards. 132.09 Administrative fines; liens. 162.10 Duration of lien. 162.11 Appeals. 62.12 Notices 162.13 Provisions of act supplemental. 162.01 Short title. —Sections 162.01-162.13 may be sited as the "Local Government Code Enforcement Eoards Act." History.—s 1, ch 80-300. s 72. ch 81-259, s 1, ch 82-37. Note. —Former s 166 051 162.02 Intent. —It is the intent of this part to pro- mote, protect, and improve the health, safety, and wel- fare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an equitable, ex- peditious, effective, and inexpensive method of enforc- ing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist. History.—s 1, ch. 80-300, s 2, ch 82-37, s 1, ch 85-150, s 1, ch 86-201, s 1.ch 89-268. Note. —Former s 166 052 162.03 Applicability, (1) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided herein. (2) A charter county, a noncharter county, or a mu- nicipality may, by ordinance, adopt an alternate code enforcement system which gives code enforcement boards or special masters designated by the local gov- erning body, or both, the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances. History.—ss 1, 2, ch 80-300, s 3, ch 82-37. s. 2, ch. 86-201. s 1, ch 87-129, s 2,ch 89-268 Note. —Former s 166 053 162.04 Definitions. —As used in ss. 162.01-162.13, the term: (1) "Local governing body" means the governing body of the county or municipality, however designated. (2) "Code inspector" means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance. (3) "Local governing body attorney" means the legal counselor for the county or municipality. (4) "Enforcement board" means a local government code enforcement board. (5) "Repeat violation" means a violation of a provision of a code or ordinance by a person whom the code en- forcement board has previously found to have violated the same provision within 5 years prior to the violation. History.—s 1, ch 80-300 s 4, ch 82-37. s 10, ch. 83-216, s. 3, ch 86-201, s. 3,ch 89-268 Note. —Former s 166054 162.05 Local government code enforcement boards; organization.— (1) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body of a county or a municipality that has a population of less than 5,000 persons may appoint five -member or seven - member code enforcement boards. The local governing body of a county or a municipality that has a population equal to or greater than 5,000 persons must appoint sev- en -member code enforcement boards. The local gov- erning body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members. (2) Members of the enforcement boards shall be res- idents of the municipality, in the case of municipal en- forcement boards, or residents of the county, in the case of county enforcement boards. Appointments shall be made in accordance with applicable law and ordinances on the basis of experience or interest in the subject mat- ter jurisdiction of the respective code enforcement board. The membership of each enforcement board shall, whenever possible, include an architect, a busi- nessman, an engineer, a general contractor, a subcon- tractor, and a realtor. (3)(a) The initial appointments to a seven -member code enforcement board shall be as follows: 1. Two members appointed for a term of 1 year each. 2. Three members appointed for a term of 2 years each. 3. Two members appointed for a term of 3 years each. (b) The initial appointments to a five -member code enforcement board shall be as follows: 929 Ch. 162 COUNTY OR MUNICIPAL CODE ENFORCEMENT F.S. 1989 1. One member appointed for a term of 1 year. 2. Two members appointed for a term of 2 years each. 3. Two members appointed for a term of 3 years each. Thereafter, any appointment shall be made for a term of 3 years. (c) The local governing body of a county or a munici- pality that has a population of less than 5,000 persons may reduce a seven -member code enforcement board to five members upon the simultaneous expiration of the terms of office of two members of the board. (d) A member may be reappointed upon approval of the local governing body. (e) An appointment to fill any vacancy on an enforce- ment board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chairman, the enforcement board shall declare the member's office vacant, and the local gov- erning body shall promptly fill such vacancy. (f) The members shall serve in accordance with or- dinances of the local governing body and may be sus- pended and removed for cause as provided in such ordi- nances for removal of members of boards. (4) The members of an enforcement board shall elect a chairman, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any sev- en -member enforcement board, and the presence of three or more members shall constitute a quorum of any five -member enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as are other- wise provided by law. (5) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local govern- ing body attorney serve in both capacities. History.—$-1, ch. 80-300: s. 5, ch. 82-37; S. 4, ch. 8&201; s. 2. ch. 87-129; s. 4. ch 89-268. Note. —Former s. 166.055. 162.06 Enforcement procedure.— (1) It shall be the duty of the code inspector to ini- tiate enforcement proceedings of the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings. (2) Except as provided in subsections (3) and (4), if a violation of the codes is found, the code inspector shall notify the violator and give him a reasonable time to cor- rect the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify an enforcement board and request a hearing. The code 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 s. 162.12 to said violator. At the option of the code en- forcement board, notice may additionally be served by publication or posting as provided in s. 162.12. If the vio- lation 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 en- forcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state. (3) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the vio- lator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat viola- tion, shall notify an enforcement board and request a hearing. The code enforcement board, through its cleri- cal staff, shall schedule a hearing and shall provide no- tice pursuant to s. 162.12. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the no- tice shall so state. (4) If the code inspector has reason to believe a vio- lation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irre- versible in nature, the code inspector shall make a rea- sonable effort to notify the violator and may immediately notify the enforcement board and request a hearing. History.—s 1, ch 80-300. s. 5, ch. 86-201; s 1, ch. 87-91; s. 5, ch. 89-268. Note. —Former s. 166 056. 162.07 Conduct of hearing.— (1) Upon request of the code inspector, or at such other times as may be necessary, the chairman of an en- forcement board may call a hearing Df an enforcement board; a hearing also may be called by written notice signed by at least three members of a seven -member enforcement board or signed by at least two members of a five -member enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing body shall provide clerical and ad- ministrative personnel as may be reasonably required by each enforcement board for the proper performance of its duties. (2) Each case before an enforcement board shall be presented by the local governing body attorney or by a member of the administrative staff of the local governing body. (3) An 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 enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (4) At the conclusion of the hearing, the enforce- ment board shall issue findings of fact, based on evi- dence of record and conclusions of law, and shall issue an order affording the proper relief consistent with pow- ers granted herein. The finding shall be by motion ap- proved by a majority of those members present and vot- ing, except that at least four members of a seven - member enforcement board, or three members of a five - member enforcement board, 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 wilF. by said date. A certified copy of such order may be r=_- orded in the public records of the county and shall con - F.S. Stitt sore pror the any ass sua by boa that is n Corr His 6, ch No fort ke hea cou whz con His No 1 coc has ing der this dat, the viol. of t: pea a he der not exc enft 1 2 viol. 3 tor. pos be con exi� ow( suc COL levy MY a F.S. 1989 COUNTY OR MUNICIPAL CODE ENFORCEMENT Ch. 162 stitute notice to any subsequent purchasers, succes- sors 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 pur- suant to this subsection and the order is complied with by the date specified in the order, the 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. History.—s. 1, ch. 80-300; s. 6, ch. 82-37; s. 44, ch. 83-217; s. 6, ch. 86-201; s. 6. ch. 89-268. Nob. —Former s. 166.057, 162.08 Powers of enforcement boards. —Each en- forcement board shall have the power to: (1) Adopt rules for the conduct of its hearings. (2) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the sheriff of the county or police department of the municipality. (3) Subpoena evidence to its hearings. (4) Take testimony under oath. (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. History.—s 1, ch. 80-300; s. 7, ch. 82-37; s 7, ch. 88 201; s. 7, ch. 89-268. Note. —Former s 166 058, 162.09 Administrative fines; liens, (1) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time or, upon find- ing that a repeat violation has been committed, may or- der 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 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 re- peat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the or- der imposing the fine. (2)(a) -A fine imposed pursuant to this section shall not exceed $250 per day for a first violation and shall not exceed $500 per day for a repeat violation. (b) In determining the amount of the fine, if any, the enforcement board shall consider the following factors: 1. The gravity of the violation; 2. Any actions taken by the violator to correct the violation; and 3. Any previous violations committed by the viola- tor. (c) An enforcement board may reduce a fine im- posed pursuant to this section. (3) 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 en- forcement purposes. A fine imposed pursuant to this part 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, which- ever occurs first. After 3 months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body attorney to fore- close on the lien. No lien created pursuant to the provi- sions of this part may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Con- stitution. History.—s. 1, ch. 80-300; s. 8, ch. 82-37: s. 2. ch. 85-150; s. 8, ch. 86-201; s. 2, ch. 87-391; s. 8. ch. 89-268. Note. —Former s. 166.0% 162.10 Duration of lien. —No lien provided under the Local Government Code Enforcement Boards Act shall continue for a period longer than 20 years after the certi- fied 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 enti- tled to recover all costs, including a reasonable attor- ney's fee, that it incurs in the foreclosure. The continua- tion of the lien effected by the commencement of the ac- tion shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice cf lis pendens is recorded. History.—s 9. ch 82-37. s 9, ch, 86-201. s 9, ch 69-268 162.11 Appeals. —An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the circuit court. Such an appeal shall not be a hearing de novo but shall be lim- ited to appellate review of the record created before the enforcement board. An appeal shall be filed within 30 days of the execution of the order to be appealed. History.—s. 1, ch. 80-300; s. 10. ch. 82-37. s. 3, ch. 85-150, s. 10, ch. 86-201. Note. —Former s. 166061. 162.12 Notices, (1) All notices required by this part shall be provided to the alleged violator by certified mail, return receipt re- quested; by hand delivery by the sheriff or other law en- forcement officer, code inspector, or other person desig- nated by the local governing body; or by leaving the no- tice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. (2) In addition to providing notice as set forth in sub- section (1), at the option of the code enforcement board, notice may also be served by publication or posting, as follows: (a)1. Such notice shall be published once during each week for 4 consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county where the code enforcement board is locat- ed. The newspaper shall meet such requirements as are prescribed under chapter 50 for legal and official adver- tisements. 2. Proof of publication shall be made as provided in ss. 50.041 and 50.051. (b)1. If there is no newspaper of general circulation in the county where the code enforcement board is lo- 931 J Ch. 162 COUNTY OR MUNICIPAL CODE ENFORCEMENT F.S. 1989 F. cated, three copies of such notice shall be posted for at least 28 days in three different and conspicuous places in such county, one of which shall be at the front door of the courthouse in said county. 2. Proof of posting shall be by affidavit of the per- son posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concur- rently with, or may follow, an attempt or attempts to pro- vide notice by hand delivery or by mail as required under subsection (1). Evidence that an attempt has been made to hand deliv- er or mail notice as provided in subsection (1), together with proof of publication or posting as provided in sub- section (2), shall be sufficient to show that the notice re- quirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. History.—s. 1, ch 80-300: s 11, ch. 86-201: s- 3, ch 87-391: s. 10. ch. 89-268. Note. —Former s 166.062. 162.13 Provisions of act supplemental. —It is the legislative intent of ss. 162.01-162.12 to provide an addi- tional or supplemental means of obtaining compliance with local codes. Nothing contained in ss. 162.01- 162.12 shall prohibit a local governing body from enforc- ing its codes by any other means. History.—s 11, ch. 82-37. fZ3itifl SUPPLEMENTAL COUNTY OR MUNICIPAL CODE OR ORDINANCE ENFORCEMENT PROCEDURES 162.21 Enforcement of county or municipal codes or ordinances: penalties. 162.21 Enforcement of county or municipal codes or ordinances; penalties.— (1) As used in this section, "code enforcement offi- cer" means any designated employee or agent of a county or municipality whose duty it is to enforce codes and ordinances enacted by the county or municipality. (2) A county or a municipality may designate certain of its employees or agents as code enforcement offi- cers. The training and qualifications of the employees or agents for such designation shall be determined by the county or the municipality. Employees or agents who may be designated as code enforcement officers may include, but are not limited to, code inspectors, law en- forcement officers, animal control officers, or firesafety inspectors. Designation as a code enforcement officer does not provide the code enforcement officer with the power of arrest or subject the code enforcement officer to the provisions of ss. 943.085-943.255. Nothing in this section amends, alters, or contravenes the provisions of any state -administered retirement system or any state - supported retirement system established by general law. (3)(a) A code enforcement officer is authorized to is- sue a citation to a person when, based upon personal investigation, the officer has reasonable cause to be- lieve that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the county court will hear the charge. (b) Prior to issuing a citation, a code enforcement of- ficer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, a code en- forcement officer may issue a citation to the person who has committed the violation. A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a cita- tion and may immediately issue a citation if the code en- forcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. (c) A citation issued by a code enforcement officer shall be in a form prescribed by the county or the munici- pality and shall contain: 1. The date and time of issuance. 2. The name and address of the person to whom the citation is issued. 3. The date and time the civil infraction was com- mitted. 4. The facts constituting reasonable cause. 5. The number or section of the code or ordinance violated. 6. The name and authority of the code enforcement officer. 7. The procedure for the person to follow in order to pay the civil penalty or to contest the citation. 8. The applicable civil penalty if the person elects to contest the citation. 9. The applicable civil penalty if the person elects not to contest the citation. 10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (4) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original cita- tion and one copy of the citation with the county court. (5) A county or a municipality is authorized to en- force codes and ordinances under the provisions of this section and may enact an ordinance establishing proce- dures for the implementation of such provisions, includ- ing a schedule of violations and penalties to be as- sessed by code enforcement officers. If a county or mu- nicipality chooses to enforce codes or ordinances under the provisions of this section, each code or ordinance or the ordinance enacted by the county or municipality es- tablishing procedures for implementation of this section shall provide: (a) That a violation of a code or an ordinance is a civil infraction. (b) A maximum civil penalty not to exceed $500. (c) A civil penalty of less than the maximum civil pen- 932 all do ml a ar sa nE CE st pt 1989— F.S. 1989 COUNTY OR MUNICIPAL E ENFORCEMENT Ch. 162 ion in i that nt of - arson I and •h the shall 3tion, Ls not :e en- who fficer cable cita- e en- ation ty, or ble. fficer unici- ,hom Qom 3nce nent irder ects ects fails fails I be ition gyred lum x, a ::ita- )urt. en - this xe- lud- as- mu- ider 9 or es- tion ally if the person who has comrr)itted the civil infraction does not contest the citation. (d) For the issuance of a citation by a code enforce- ment officer who has reasonable cause to believe that a person has committed an act in violation of a code or an ordinance. (e) For the contesting of a citation in county court. (f) Such procedures and provisions as are neces- sary to provide for the enforcement of a code or an ordi- nance under the provisions of this section. (6) Any person who willfully refuses to sign and ac- cept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (7) The provisions of this section shall not apply to the enforcement pursuant to ss. 553.79 and 553.80 of building codes adopted pursuant to s. 553.73 as they apply to construction, provided that a building permit is either not required or has been issued by the county or the municipality. For the purposes of this subsection, "building codes" means only those codes adopted pur- suant to s. 553.73. (8) The provisions of this section are additional and supplemental means of enforcing county or municipal codes or ordinances and may be used for the enforce- ment of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this section shall prohibit a county or municipality from en- forcing its codes or ordinances by any other means. History.—s 11, ch 89-268 t t ORDINANCE NO. 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 E;iforcement 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 realto.- 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. Except as provided in Subsections (C) and (D), 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 rules 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 4 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 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 A MAYOR OF TEQUESTA Joseph N. Capretta