HomeMy WebLinkAboutDocumentation_Regular_Tab 4C_7/27/1989 air C.
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jok VILLAGE OF TEQUESTA
. Post Office Box 3273 • 357 Tequesta Drive
t"i r 5 Tequesta, Florida 33469-0273 • _(407) 575-6200
_ 3if� ,1 i FAX: (407)575-6203
COD E ENFORCEMENT BOARD
PT-TESL.X C =NFORMAT X ON MEET X1NG
MONDAY ,LILY 3 ,, 19 9 9
5 : 30 P _ M
The Tequesta Village Council held a Code Enforcement Board
Public Information Meeting, 5:30 P.M. Monday, July 3, 1989
at the Village Hall, 357 Tequesta Drive, Tequesta, Florida.
Village Councilmembers present were: Joseph N. Capretta,
Mayor; Edward C. Howell, Vice Mayor; and Earl L. Collings.
Village Officials present were: Thomas G. Bradford, Village
Manager; John C. Randolph, Village Attorney; Bill C.
Kascavelis, Finance Director/Clerk; Scott D. Ladd, Building
Official; and Carl Roderick, Chief of Police. Also in
attendance were: Gene Hoover, Code Enforcement Officer and
Joann M. Manganiello, Administrative Secretary.
I. CALL TO ORDER AND INTRODUCTION
Mayor Capretta called the meeting, to order at 5:30 P.M. and
announced the purpose of the meeting; to review proposed
Ordinance No. 376, establishing a municipal "Code
Enforcement Board" for the Village.
II. REVIEW OF PURPOSE OF MEETING
Mayor Capretta noted that creation of a Code Enforcement
Board, under recommendation from Scott Ladd, has been
discussed by previous Councils for several years.
Present Council has considered the same for the past 9
months in light of numerous citizen complaints regarding
commercial properties (Tequesta and Lighthouse Plazas, in
particular) as well as residential properties which are in
violation of local ordinances and homeowner's associations'
covenants.
As it now stands, unless some "authority" is delegated to a
Code Enforcement Board to deal effectively with violators
(e.g. absentee owners), abatement of problems will be
extremely difficult in the future.
Although Council was prepared after second reading to vote
for adoption of proposed Ordinance No. 376 (June 8, 1989
Village Council Meeting), Mayor Capretta tabled the vote and
urged an "educational session" so that Tequesta citizens
would have a better understanding of the purpose and
function of a Code Enforcement Board. Explanation of the
•
•
Code Enforcement Board Public Information Meeting
July 3, 1989
Page - 2
legal basis of Code Enforcement Boards, what Ordinance No.
376 actually "says", and what specific ordinances the Board
would be responsible for enforcing would subsequently be
addressed.
III. PRESENTATION OF FLORIDA LEAGUE OF CITIES' "MUNICIPAL CODE
ENFORCEMENT BOARD" VIDEO.
Agenda was revised by Mayor Capretta to allow for review of
proposed Tequesta Ordinance No. 376 and question/answer
session prior to video presentation.
IV. REVIEW OF PROPOSED TEQUESTA ORDINANCE
A) Legal Basis of Code Enforcement Board
Village Attorney John Randolph reviewed the history of
municipal courts, considered by many to be "kangaroo
courts, " which fined indiscriminately to meet the needs
of the municipality. Such courts were ultimately
abolished by amendment to the Constitution (voted on by
people of Florida) . County courts assumed responsibility
of former municipal courts; "good, " but didn't meet the
needs of the municipalities. Code Enforcement Boards were
established (1978; Palm Beach County, first in State) to
help abate local ordinance violators without requiring
legal proceedings in county courts which proved to be a
cumbersome, lengthy, and expensive process. The Code
Enforcement Board system is presently in effect in many
municipalities throughout the State and Palm Beach
County; 781 of municipalities (see attachment: "Municipal
Code Enforcement Board Survey" ) .
B) Provisions of Proposed Ordinance No. 376
The Village Attorney reviewed the provisions of proposed
Ordinance No. 376 (see attachment) and pointed out, in
particular, the following:
o Proposed Ordinance No. 376 follows, almost verbatim,
Florida State Statutes, Chapter 162.
o The Code Enforcement Board establishes a body composed
of residents of the Village who know more about their
own ordinances than the county courts. In actuality,
judgement by their own peers.
Code Enforcement Board Public Information Meeting
July 3, 1989
Page - -3
o Members of the Board should represent a cross-section
of professions/occupations, whenever possible (as
cited).
o Members are appointed by the Village Council and may
be replaced, by the same, at any time.
o The Board is required to meet at least once every two
(2) months, as long as there are cases to be heard, to
insure due process.
C) Ordinances Enforced by Code Enforcement Board
The applicable Village Ordinances that the Code
Enforcement Board would be responsible for enforcing and
have jurisdiction over are listed in Section 5, proposed
Ordinance No. 376 (see attachment) .
Code Enforcement Board procedures and duties of the Code
Enforcement Officer were explained by Village Attorney
John Randolph. He emphasized that the idea is to "abate"
the violation. Ninety percent (90)$ of the time, cases
come into compliance once the violation is cited and is,
subsequently, corrected. The violator is given the
opportunity to correct the problem prior to appearance
before the Code Enforcement Board.
The Code Enforcement Board can fine up to $250 a day
(under State Statutes) and impose a lien against a
property owner who refuses to comply. The aggrieved
party (violator or Village Council) may "appeal" ruling
to the Circuit Court.
The meeting was once again turned over to Mayor Capretta who
made the following observations in regard to the Code
Enforcement Board:
o Had the Code Enforcement Board been in effect over the
past 2 years, approximately 23 cases or 1 a month, would
have been addressed.
o In order for this system to work effectively, there must
be a full-time Code Enforcement Officer (effective
October of this year whether Ordinance is adopted or not)
working closely with the Code Enforcement Board.
Code Enforcement Board Public Information Meeting
July 3, 1989
Page - 4
o The purpose of the Board is to correct problems, not
collect fines. Residents, concerned that said Board can
levy fines against them, should allay their fears for
the most part.
o It is imperative to insure that "good, capable, mature
citizens" be appointed to the Board.
o If businessmen are concerned, make sure responsible
businessmen are also on the Board.
o There is a. definite need to get this Ordinance on the
books and operational in a business-like way.
o A well-trained Code Enforcement Officer, working in
cooperation with the Code Enforcement Board, can actually
accelerate the clarification/amendment of ordinances
which are inadequate or out-dated by bringing them to the
attention of the Village Council. The only way to test
an ordinance is to try to enforce it.
o Village Council can only appeal to the Circuit Court. It
doesn't have the power to "overrule" a particular
decision.
o Council can delegate more power to the Code Enforcement
Board than it has itself.
Additional comments by Councilmembers were as follows:
Vice Mayor Edward C. Howell:
The Code Enforcement Board has become an emotional issue.
Power is put in the hands of a small number of people, "a
body with police power. " He is concerned with abuse of
power. He stated that he may eventually go along with this
concept, although he has been against it from the start.
Councilmember Earl L. Collings:
The Code Enforcement process would essentially remain the
same. The Code Enforcement Officer gives 1) a verbal
citation; 2) written citation; 3) written notification to
appear before the Code Enforcement Board (at present, the
Village Council; previously, Circuit Court).
Code Enforcement Board Public Information Meeting
July 3, 1989
Page - 5
He stated that he would not vote "for" the Code Enforcement
Board unless it had 1 representative from the Tequesta
business community and 1 representative from each of 2 major
property owner's organizations.
Attorney Randolph clarified the fact that members of the
Code Enforcement Board would "rule on ordinances as they
exist"; they are judges, not legislators. They may,
however, follow-up with a suggestion to the Village Council
to clarify a particular ordinance.
He also stated that a Code Enforcement Board is not a
panacea to all problems.
V. QUESTION AND ANSWER SESSION
Joseph Yoder, President, Tequesta Association of Voters and
Taxpayers, was concerned with insuring that good judgement
and common sense be used by the Code Enforcement Officer as
well as the Code Enforcement Board.
Attorney Randolph stated that it was up to the Code
Enforcement Officer himself to use "good discretion" (owner
cooperation; attempts to abate problem, etc. ) and that the
Board could suggest that he may be doing otherwise.
Councilmember Collings noted that the Code Enforcement
Officer "operates" the same whether there is a Board or
not. He exists separately now; accountable to the Village
Staff and Village Council. Mayor Capretta assured Mr. Yoder
that the Chairman of the Code Enforcement Board would report
to Scott Ladd, who would, in turn, report to the Village
Manager and Village Council. Councilmember Collings stated
that the Code Enforcement Board would be advised to use care
and concern in enforcing fines.
Terry Verner, Director of Palm Beach County Code
Enforcement, offered the following comments:
o The Code Enforcement Officer operates under the direction
of the Code of Ordinances - it's either in the ordinances
or not.
o The Code Enforcement Board brings to attention ordinances
that might not be appropriate (out-dated) today.
Code Enforcement Board Public Information Meeting
July 3, 1989
Page - 6
o The Code Enforcement Board is not a police-state but a
system of checks and balances:
1) Seven (7) members are carefully reviewed before
appointment
2) An attorney must be present at every meeting (greatest
checks and balances of all )
Bill Sharpless, Board Member, Tequesta Country Club
Homeowner's Association, inquired as to the types of
problems currently being dealt with by the Village. Mayor
Capretta noted sign codes and zoning violations, primarily.
A Code Enforcement Board would deal with these types of
violations. The goal is to "abate" problems, not raise
money. If legal action is necessary, the local Code
Enforcement Board would deal with it properly and
effectively. In all probability, fines would seldom be
levied as long as the violation is corrected. The Board,
however, has the power to fine an uncooperative owner up to
$250 per day.
Carlton Stoddard, Chairman, Tequesta Downtown Development
Task Force, encouraged the business and residential
communities to work together for the betterment of
Tequesta. He reiterated the importance of appointing "good,
capable people" to the Board in order to insure that both
"communities" are dealt with fairly and equitably.
John Giba, Tequesta resident, referred to Section 7(c),
Enforcement Procedure, proposed Ordinance No. 376 (see
attachment) and questioned the necessity of this step.
Attorney Randolph explained that the Code Enforcement
Officer may not be able to notify the violator in case of an
emergency. Also, every situation may not be a serious
threat to the residents. Mr. Giba pointed out in Section 9,
Fines and Liens, that a 2 year lien, instead of a 5 year
lien, is noted. Attorney Randolph acknowledged the mistake
which needs to be corrected.
Gene Hoover, Tequesta Code Enforcement Officer, stated that
he was in favor of a Code Enforcement Board. He explained a
major problem with citing violators: a non-complying
violator is given notice to appear in court, pleads guilty -
"no contest" before a judge, and pays a fine. However, he
is, subsequently, charged with a misdemeanor and has a
Code Enforcement Board Public Information Meeting
July 3, 1989
Page - 7
police record. If the same violator were to appear before a
Code Enforcement Board, he would not be charged with a
misdemeanor or have a police record. The problem would be
taken care of right within the Village.
William Kirkland, Chairman of the Board of Adjustment,
wanted to clarify whether or not a zoning violation case,
cited by the Code Enforcement Officer, could be settled by
the Board of Adjustment rather than the Code Enforcement
Board. Attorney Randolph explained that there is no
connection between the functions of the Board of Adjustment
and the Code Enforcement Board. The Board of Adjustment
determines whether or not there is a hardship. The case
then goes on to the Code Enforcement Board. The Code
Enforcement Officer would notify_ the violator that he has an
opportunity to file for a variance before the Board of
Adjustment. Mr. Kirkland also supported the idea of "good,
capable, responsible people" to serve on the Code
Enforcement Board.
Dr. Stanley Jacobs, Co-Chairman, Tequesta Downtown
Development Task Force, asked if conflicts arise between the
police and the Code Enforcement Officer? Attorney Randolph
stated that the Police Department would prefer the Code
Enforcement Officer to take care of ordinance violations.
Proposed Ordinance No. 376 clearly states what ordinances
fall within the jurisdiction of the Code Enforcement
Officer. Dr. Jacobs also questioned the ability of the Code
Enforcement Officer (that is, one man) to "handle the
Village" as well as the Police Department. Police Chief
Roderick explained that a policeman who spots a violation,
stops, gets pertinent information, and turns it over to the
Code Enforcement Officer. The Code Enforcement Officer then
forwards the violation to the Building Official/Department
(this procedure ,was put into effect on January 1, 1989) .
III. PRESENTATION OF FLORIDA LEAGUE OF CITIES "MUNICIPAL CODE
ENFORCEMENT BOARDS" VIDEO
Village Manager Tom Bradford explained that the video
presented actual cases that came before the City of
Tallahassee's Code Enforcement Board. He pointed out that
compassion was one of the key ingredients that exists on
their Code Enforcement Board. The circumstances related to
each case were carefully considered as well as the
violator's economic situation. The Board readily modified
Code Enforcement Board Public Information Meeting
July 3, 1989
Page - 8
or rescinded the fine if the violation was corrected upon
recommendation from the Code Enforcement Officer. Code
Enforcement Board Members used "reasonable judgement" to
convince the violators to comply. The purpose of the fine
was to gain compliance with the Code of Ordinances. It
clearly showed that the members of the Code Enforcement
Board directly contributed to the quality of their
surroundings.
Mayor Capretta expressed the hope that the video was
helpful. He emphasized the fact that the Code Enforcement
Board's main objective was to "gain compliance, not fine. "
VI. ADJOURNMENT
Mayor Capretta noted that the Village Council would probably
be voting on proposed Ordinance_ No. 376 this Thursday, July
6, 1989 at the Special Village Council Meeting. He remarked
to residents considering appointment to the Code
Enforcement Board that they now have something to think
about - a Code Enforcement Board provides a process and an
authority to handle problems in Tequesta.
The Mayor also stated that, if proposed Ordinance No. 376 is
passed, they would need to:
1) appoint seven (7) "good, capable people" to the Board
2) look at Village of Tequesta Ordinances
3) work closely with the Code Enforcement Officer
4) find out what the people in Tequesta want
so that the Village could implement a process which is
fairly formal in order to insure "due process. "
In closing, Mayor Capretta stated that a Code Enforcement
Board would be a step in the right direction in solving some
of Tequesta's problems. He thanked those in attendance for
their concern and participation and adjourned the meeting at
7:20 P.M.
Respectively submitted,
oann M. Mangani to
Administrative Secretary
/jmm
Date Approved:
July 27, 1989
•
ORDINANCs MD. 376
AN ORDINANCE OF THE VILLAGE
OF TEVU}�A, PALM IL mum,
y THE FLORVILLIDA:
ESTABLISHING A MUNICIPAL CODS ENFORCEMENT BOARD,
DECLARING INTENT, PROVIDING FOR DEFINITIONS;
PROVIDING FOR ORGANIZATION; PROVIDING FOR
APPLICABILITY; PROVIDING IOR_POWERS; PROVIDING FOR
ENFORCENENT PROCEDURE; FOR CONDUCT OF
HEARING PROVIDING FOR nuts RING AND LIENS; PROVIDING
FOR APPEAL; PROVIDING POP FORM OP NOTICES;
PROVIDING FOR
CODIFICATION; PROVIDI (EFFECTIVE DATE PROVIDING FOR
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows:
Section 1. There is hereby created, pursuant to the
direction r 162 of the Florida Statutes, a Municipal
Code Enforcement Board within the Village of Tequesta.
Section 2. Declaration of Legislative Intent.
It is the intent of this Ordinance to promote, protect
and improve the health, safety and welfare of the residents of
the Village of Tequesta by providing an equitable, expeditious,
effective and inexpensive method of enforcing the hereinafter
described codes of the Village.
Section 3. Definitions. -
As used in this Ordinance:
Code
of the Village whose duty means
sto assure any
thorisedcode c agent or employee
compliance.
Enforcement Board means the Village Code Enforcement
Board.
Village Attornev means the legal counsel for the
Village.
Village Council means the Village Council of the
Village of Tequesta.
Section 4. Organisation.
The Village Council shall appoint a seven-member Code
Enforcement Board and legal counsel for the Board. The seaters
shall have the following qualifications and terms of office:
(A) Members of the Code Enforcement Board shall be
residents of the Village. Appoietsents shall be made
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 businessperson.
3. An engineer.
4. A general contractor.
S. A realtor.
6. A subcontractor.
7. A general 'ember.
Page 1
• (I) In order that terns of office of all members will
not expire at the same time, the Laitial appointments to the Code
Enforcement Board shall be as follows: Two (2) members shall be
appointed for a term of one -year each; three (3) members shall be
appointed for a term of two (2) years each: two (2) members shall
be appointed
for teteterm
me f members ma three
(3) years each. Upon the
three (3) years. y be reappointed for terms of
approval Any me�Nrl r may
ge beC reappointed i from term to term upon
vacancy on the Code Enforcement Board sshallnbeefor the remainder
of the unexpired term of office. Any member who tails to attend
two
oh(2) out of three (3) successive meetings without cause and
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 th4
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 tour (3) or more 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 authorised by the Village Council.
(D) The Village Attorney shall be counsel to the Code
Enforcement Board.
Section S. 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 S Building Regulations
3. Chapter 10 -- Bealth and Sanitation
4. Chapter 11 -- Limes
S. Chapter 12 -- ■oise
6. Chapter 16 -- Sigma, Billboards, Etc.
7. Appendix A -- Easiag
B. Appendix B -- Subdivisions
Sect�ss Powers.
The Code Enforcement Board shall have the power to:
(A) Adopt rules for the cosduct of its hearings.
hearings. (II)Sub Subpoena alleged violators and witnesses to its
Department. Subpoenas may be served by the Village's Police
(C) Subpoena records, surveys, plats and other
material.
(D) Take testimony under oath.
whatever (I) Issue orders
having
n th orce of law command!
compliance. bring a violation into
Section 7. Enforcement Procedure.
It shall be the
initiate enforcement proceedings of t variy of tous ccoodes.nspeccor to
Page 2
• (B) If a violation of the codes is found, the Code
•
Inspector shall notify the violator, unless paragraph (C) of this
section applies. and give said violator a reasonable time to
-correct the violation. Should the violation continue beyond the
tine specified for correction, the Code Inspector shall notify
the Code Enforcement Board and request a hearing pursuant to the
procedure in Section B. Written notice shall be mailed to said
violator as provided herein.
(C) If the Code Inspector has reason to believe a
violation presents a serious threat to the public health, safety
and welfare, the Code Inspector may proceed directly to the
procedure in Section B without notifying the violator.
Section B. Conduct of Bearing.
The
Chairperson
call hearings of the Code Enforcement Board and hearings mant y dallsso
be called by written notice signed by at '.east three (3) members
of the Code Enforcement Board. The Code Enforcement Board at any
hearing may set a future bearing date. The Code Enforcement
Board should attempt to convene no less frequently than once
every two (2) months, but may meet more or less often as the
demand necessitates. Minutes shall be kept of all hearings by
the Code Enforcement Board and all hearings 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 easel on The the agenda Ce Enforcement
that day. All�testimony ll dshall to hear
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 sot apply, however,
fundamental due process shall be observed and govern said
proceedings.
(0) At the conclusion of the hearing, the Code
Enforcement Board shall issue findings of fact and conclusions of
law and shall issue an order affording • the proper relief
consistent with powers granted herein. The finding shall be by
motion approved by a. majority of those present and voting, except
that at least four (1) members of the Code Enforcement Board must
vote for the action to be official.
Section B. Fines and Liens. •
The Code Enforcement Board, upon notification by the
Code Inspector that a previous order of the Code Enforcement
Board has not been complied with by the set time, or upon finding
that the same violation has been repeated by the same violator.
may order the violator to pay a fine not to exceed two hundred
and fifty dollars (S260.00) per day the violation continues past
the date set for compliance, or for each time the violation has
been repeated; a hearing shall not be necessary for issuance of
the order. 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. After six
(6) months from the filing of any such lien which remains unpaid,
the Code Enforcement Board may authorise the Village Attorney to
foreclose on the lien.
So lien provided under the Local Government Code
Enforcement—_ rds Act shall continue for a period longer than
47 ,/-' ' ��-�+o (2) Yearsafter the certified. � copy of an order imposing a
fine has been recorded, unless within that time an action to
foreclose on the lien is consenced in a court of competent
Page 3
jurisdiction. The continuation of the lien effected by the .
commencement of the action shall not be good against creditors or
subsequent purchasers for valuable consideration without notice,
•
unless a notice of lis pendens is recorded.
Section 10. Appeal.
ingrateut the Village Council.a final administrative order of the CodeEnforcementBoar
to the Circuit Court. An appeal shall be filed within thirty
(30) days of the execution of the order to be appealed.
Section 11. Notices.
All notices required by this article shall be provided
to the alleged violator by certified mail, return receipt
requested, or by hand delivery by a law enforcement officer, code
inspector or other person designated by the Village or by leaving
the notice at the violator's usual place of residence with some
person of his or her family above fifteen (15) years of age, and
informing such person of the contents of the notice. In addition
to providing such notice as set forth above, at the option of the
Code Enforcement board, notice may also be served by publication
or posting as follows:
1. Such Notice shall be published once during each
week for four consecutive weeks (four (4) publications being
sufficient) in a newspaper of general circulation in the
Village. The newspaper shall meet such requirements as are
prescribed under Chapter 50 of the Florida Statutes for legal and
official advertisements. Proof of publication shall be made as
in $50.041 and $50.051 of the Florida Statutes.
2. Notice by publication may run concurrently with,
or may follow, an attempt or attempts to provide notice by hand-
delivery or by mail, as required under subsection 1.
idence that an
deliver or3 mail notice as providedtu der t subsection 1., togetheen made to r with proof of publication as provided In subsection 2., shall be
sufficient to show that the notice requirements of this section
have been met, without regard to whether or not the alleged
violator actually received such notice.
Section 12. Provisions Supplemental and Cumulative.
bar or Nothing contained in this Ordinance shall in any way
prohibit the maintenance of a suit at law or in equity by
the Village to enjoin or correct any violation of the ordinance
of the Village, nor to bar or prohibit the Village from filing
charges against any person, firm or corporation violating any Village Ordinance as provided by existing laws. This article
shall be construed to be supplemental and cumulative with any and
all other remedies available' to the municipality and not
exclusive.
Section 13. Severability.
•
thereof is(held ny invalid, suchrovision of this inv invalidityce or shall the application
tthe other provisions or applications of this ordinance which can be
given effect
without the invalid
srovisions or hereby applications,end the provisions of thiOrdinance are ecl and
ared severable.
Section 14. Codification.
This Ordinance shall be codified and made a part of the
official Code of Ordinances of the Village of Tequesta.
Page 4
Section 1S. Effective Date.
This Ordinance shall take effect immediately upon its
passage and approval as provided by law.
THE FOREGOING ORDINANCE was offered by Councilmember
Or finance vas secon e , who moved its adoption. The
and upon beingY Councilaesber
put to a vote, the vote was as o ows: •
FOR ADOPTION: AGAINST ADOPTION:
The Mayor thereupon declared the Ordinance duly passed
and adopted this day of
. 1989.
MAYOR OF TEQUESTA:
oseph N. apretta
ATTEST:
age er
•
JCR308 _
5/23/89
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Provisions a as whenever possible, include an architect. •business- (3) l the Code inspector has reason to Wove•vit► w^�ad with by de eat treat,upon Mrtd
1a2 01 and a anmanorn� •a general contractor.a eaboonaaasar, _` *eon presents a serious threat b the � sans triolation has bean salad by the •
Shed IN•—S.etohs 162 01-16213 may a �„ eefety,and*Ohre a f item violation o imposter ptbia health, same triolal.r,may order the violator a pay•de not b
cried as the'Lord earennen1 Coda Entor (2) The initial appoinlmenle to•h enforcement made h nature.Me code «rr•• the set l for each dry ON suchn continues past
tin.rda Act• cement bond ehae a as fcaows ropacta door male.real• data sea la oompierlo•a for each time the violation
Mw.q •.w w..tin.a u ear-err•w.u w L (a) Two members appointed for a term a 1 strlsbis Wort b notify Me manor and may ransom/ow/ow has bear)r pMMd.and a hearing she nor b•naoasaary
awe ran •w~� each Tear _, notify erns arf.rconno^I bawd wet rawest a hearip, for Itstuernoe a the ado. •
10?•M lalane�11 a Ina infant a the act to pomole, each
Three mambas '' rear.-•r e1•D'•'• e.N se•w'"Mean
appointed la a loran a 2 yew e1�'re"'•ware (21 determining shall
the.newt a the fined, In.
I Monoch,and wmprov Ih hedlh,!eaten and wow'a rra bard dell oaWds,Mr following Motors
(be oweee a the counties and^wrro pektiee a Mil each
Two
minters appointed la•term a 3 yensn iequot.f Aarr•(Ffe (a) The grate a ma vitiation;
mole by autharzurg tie creation of administrativeisolation.and
` (I) Upon rawlw.f a the Dods et•peelor,a r such (b) Any aortae tekan by Me violator b.onaa Me
1 hp rtarrCrrrertN,4,as wan ny la macaw a le Ovda anahva Meg add Thereafter.any appontrrtenl shall be made for•term a •
brcrantt board may call a huowig of an erfor ney.M l In ell. ( Pity vlolMlal.oornnlilled ern Mots
oedti0e,rowlei pebbl pmauitebte,•a• of tlio ssbc may be reappointed upon approve Dord:•trip Ma mq a caw wrtten hohoa n
tie shoe ,
!care neapanam method a snbrc, governing body.An appointment b fin ,.idled by a!*at three
and cronenc s in lama n counties and vacancy on an ifora art board shoe be tor Men ..,__ Mhuee tees a atannbre an srfacrnat be rioted• b thepublic a on ado which t a his may
c err ias mime
h e e a pending
rq 1w vwlahon las maw*jteratwo unexpired term of offs a.If ow member ,-a„, ` boemrt basw.end ale l wt gs nb prO p;n,� constitute•wee
irr*red or psswi�picp properly
cony.e.t..fro. sagn successive mailings without .' we clan b Me puble.T e local governing body lid exists raw upon any other real a be infovo
MM.ea. •w w limo•?a 'irrwi aS.M. ;C ware r enforcement bond shell Metre Me without prior approval Me �!fin Maid*duiicsl and adrlwM.UafM aar�by tea MOIaIOr:and it My ehufl.d M a i w-renew..wan. member'.Alice de eeare0ly required by each enforcement board he Ain dale manner g•Dart judgment by Ise sheriffs a teas I and the local governing body shoe promptly to . paPar pufomherlos a n8 dole.. row.,mewing day agaifat the psraor propane.but
' Nrd not ba doomed b b.a coal t l Each e03 s �un r' s uh any.Thes shad save in aeoade os (2) Each ceaa Write err endmenleht Word eh°be hejudgment he N bar
-r Hate n►ct,Cori ay Wdrnrvr• j•fpy hey'of we option. suspended hand of the local governing body and may be _ Weaned by the local gov mug bow attorney a by• n tin which Ater 6 monthsd ham fQ NM a
removed to cause as provided in u,rCfl ' • bodyper a the adtnwrabalnv stall a Meted any such ion which remains urtpald,th body etl rhrt
mhum6enem boards as prwnded haremOowrrrwsnt code atl.+nartc•e la removal of members of boards. body. nog board may middiesh the local crust imp attorney county may,by county atlNence,be (�) The mambas of an•nfaCement board stare (3) M arf eiiie nt board eello foreclose on the ion.No ion treated pursuant to i d
--
...erupted from the provisional a this act A charter elect a chairman,who shall be a voting member.from Cease on theAlproceed to hoar the property a this homsu may a faseb.ad an reel _
c.wife^eye by orwrwnc , aweamong the irman,members of the board Theagenda for to der All t The sang grid b. property teach is•herniated under s.4,Art.X a Me -
urcemenl system which gives adapt
enforcement as«o.abur under oath and shall be recorded. •rdaramont
ce more member, el t constitute a Prom a any en
' board eie tale test Iron ma Slain CcnatilWion.
...rids a County-tle.rgrened special masters the w foramen'board Members shall save Withoutrrlrul cads nspeaar and a 87-tw•ter"agar,.e,w oW,•tar ta•wea.aft aFaw:a
•.Miry to hold hr s salon,but may a fnunausad for such t►ay.l.mamma— . . Wiped violator l pro ol cess
slim not to a calm M s of e1g and aseeas hill" et vela• but fttrtdsnn.rnw due Noe be dew•darna I""''""'•veer
w. county codes rbo tlrynces n roe. q,u,a and
n uses as may be aulnorir•d by re to a NW gown the pioceadngs 102.10 Drtalla•N MIL—NO ism provided under tle
w 1.......• mat governing body or as we otherwise provided by tee. (4) AI three conclusion of the hearing. the trace- Local Government Coda
(s) The local gowning body attorney erne eithr a •. - mint board shalt issue findingsEndowment y Boards Act ghee
ta2.og O••alMrn—Ain used n a 162 Ol-Ifi2 13, counsel to an enforcement board or shall repro eerq.e dace Cl record era a feel.based on ev► continue bar.period longer than 5 yaws umr the awl.
.n barn nuectpakty or county by peantirp cases bare re en order affordingCrICMMOM 01 haw. ten often cone tiedospyarla tune acts teklmcoeson ltlW.
1 t I 'Local governing hotly means the goes enforcement board,but in no case ghee the local tte Proper rebel consistent chi pow Ur."within that time en Oalll b lorecbes on Isle fen
.�dy el the county a mwrt:,p,ylq.however en body entcena n both capee the govern. _ re sumed leer The finding MIN be me Amon ace• r commenced in•court a competent Jurisdiction.The
12) 'Coos repecta• designated.age •or ••w a .I.a r-tJ.•..a N ales•a w r•wa by a merely of Mere member*present and volt• carnlrkrgtwon a the fen•IMcted M tfe OOfrr11a1prternt•�Woye*a the orany municipally
whose
anent •�-re...•war except dot at Meal loan members a the afore Cl sir action ollee not be good agrret oredllore a sub.
assure cods cp county aYu ulae•duty it is 1MAf Qaiora+n•en11 • '' . mini board must vole in order for the action to be a& segue nt Pedants for valuable oreidinfion without(3) tout°overrmg body attorney mean.me Meal (1) 11 shale be the duty oft e code inspector a ire dots The ado may ine+uw a mice Mt it hare!a con► rnaioe.rwea a rnaioe a i.o.ndrr*r.oaded.
,unlace fa the county a muncipaty. lee enforcement Pied with M•specified date and that•fie may be ell►• raaw-.Res roe n.►s w Nail.
la) 'ErfarCerrnertt ford'Rer1g a Ira"' however.rc ment per roceedings the various cads* plead A th adr n not ell replied each by bib dare.
.de srrac•mwant board flsvarrrnerwt initiate such enforcement have power le aroma.-.v,a.lee°..a••n• •at.a.r>a..•a w craw. IOC tt A//eal.,—M aggrieved lath the
' • •.w w le a...wales..era w aau.•a w a-nor (2) Ea proceedings
err-a.•re•war gov.rrrrq Nmay appeal a NW idn k sew •
'w.'ram•wart bon Cl the codes N tonne,the code ined in spector(3),A•MOI► i ta,M hen el enbase..•1 Mr�ta—Eton en- an ceder a a n rMa and to the circuit court.Such
repector Neat nosey : ' brosrte t board shall have fh pow.to: upped shellnot bee brieg de d car but ooe be fine
ear lied b aprlwe review of the record awed before the
' e06
�,: H
•
•
•
•
•
C.
. . • �iv • ' V.+. v .. �a.4 ti r.u�� ,• •'`i �Y �;`,c1 k. � _ w •4!,••wi'i .41.`- a•r';r1 i ..• .. Y . .r w•,,,_, ,
I. 182 _.COUNTY OR MUNICIPAL CODE ENFORCEMENT F.B.1NT \Pi.s7
..___ _ 1MTER� I.MOONS
M4F1NR1E AOONS CIL ill,
i•+...IINNII lemons An rtliwli rhea Iw.tikwt*Ohm.Itf ..rttwl.Moo. mhos.e copal*of sul:h mhos true to posted for el 1 ,
of Inn r.el:uttwi a the Older to be rppuaeth l viral 28 days inIhrthreedifferent
different and conspicuous pieces GIIM'I 183
..:ter,:r.•la Au•w e.v v.a.a a L».ro.a a:O1 in such county,one a witch char be at M•front door NTER(i011ERNMEN
a the Courthouse n sad county,
162,13 Neese&— 2 Proof of posting shell be by aMrdeve of the per. PART I MISCELLANEOUS
l i 1 as notices mooed by to s sot shell be provided sun posting the notice,which affidavit shell include a
(se.f09.09-18301)
I rue alleged voIota by candied mall.rerun receipt r•• copy a the flotic•posted and the deli and Oboes of rIs LANPART
O Tt1ELOP1LtENTy AND MUNICIPAL REG(Jt.A PLANNING AND
,esled.by fad delivery by Me Marie or other law eh- Posting
�ek�(N t4131t31-1(l33213 cameos ahem.cod inspector.a other person dean. (c) Notice by p'hbkcabon or posting may run concur- T--' ) I
lad by Sins Beal gw«ttrw body;a by wl'1^0 bile no, rentfy wnM,or may brow,an attempt or attempts W pro- PST■ COIiIAA(1FITY REOEVEL (tee.183.33D-183. •
•
a•s the violator's usual plan of residence with some n`d'rolip by hared delivery a by mall es ragured erroer i
':an a his family above 15 yens of age end nformnp subseelen(1) P N NEIGHBORHOOD IMPROVE DISTRICTS(se.183 601-1Q0
person of the contents of the notice Evidence that an attemptPART RE
GIOiNAL t 7) In adbttorl to wowing notice as set forth n sub- or or nail who.so provided subsect on(I).togett1st TRANSPORTATION r fi:S(es.183.fi8f�1f13 8)2)
•l.On t t).al the option of the code enforcement board. with proof of publication or posting as provided in sI . PART ADVISORY COUNCIL ON w�EROOVEWrIENTAI RELATIONS '.
uws�y also ne served by p1lblcallon or pesirtg•as section(2),soar be sufficient to show that the name r•• lee Ip 701-163.700) ,
laws Such notice shall be gurements of this chapter have been met,without re• PART to TROPOUTAN T l YAWN. AUTHORITY ACT
t.h week tar 4 consecutive weeks'(four a n0 gafd to whether or not the alleged violator actuallyre-
(es.
( publications Cowed such room.
(es.183801-1 t9 -
,i.r sufficient)in a newspaper of general circulation in l_.. s I a.ill'r- .Ike,A•tei,.a o seal
•county my where the code effacement board is local- O11 �"''• 11'' M
Ire nnwsprpa VW neat suWt retpeemen s es are lstli P boyiona M obi —11 Is dos PART,riled under txtepler f)0 lo/algal ma afnGal owe' t •le,nwtllCflIo boated p without the stale and
,:nwnts bgiliatlwifll•nlaas 182.01-1 .t2teProvldeanadyl Iotlaedorusef/" the •
lanai or supplemental means of obtainingMISCELLANEOUS PROGRAMparlwatioe•prodtrodofl,
aar� ;fort shoo below as provided n with local codes Notting contained m se .01- 163 01 Florida Interlace)Cooperation MI a 1•.• a capacity •a bMrgwlne ••
162 12 shall prohibit a local governing body from enlace. Wit .i ' g Mollifiesvr and
,r i)I It there a no newspaper of general circulation 163 02 Councils a local public o1litlala Pr far the • -lion.extraction.conversion. _ ti.
ng Its codes by oMa oceans. 163 03 Secretary o1 Conrmhrsty Affairs; powers • r
tion,at• age,reprooNsing,or disposal o fuel
uw county where the code enforcement bond rs la rsr.r .tt ell sr dote•.f n coon a Depalrrlent a mat • a any kind for any mesh purpoose. •
ty Affars with respect to federal grant-rl-aid y NI in,or right to,the uee.services,out-
16304 Energy devices based on renewable re• : 1 « asly such picot,wpka, pto
soups study to• y.
An. •• •• ••• • not united to,eng.
(tl TM section shell be known andt(I. • financial,end other services monetary a
the'Florida Interlock ^ be pied es i:a i ik le is dell mks s the leg lity end ed l oin arty
(2) n n the Cooperation Act of tN9.' • leeadrity of any protect referred le b cub
purpose of this section to permit local pin • of subperagreph 2.
governmental undo to maks the most Nicene tree • (e- • • 'miens:
that,powers by enabling them to cooperate with • I. Any re el person;
localities on a bases of mutual advantage and Mir to 2. The States;any stale;any narrppeoty.
provide services and facilities on a manner and• •• ••' •• or rykyycipr corporation created by
to forms or governmental organization that accord or• 110 the of the United States or any sal•;
factors stwith
th geograph needs
eco nonvc,poputet• • other or a bond.opor • alter entity a body do-
r influencing*the end• t of B Ow n • by a su
purant ti a e sews of the UrliMd Sates t
or elate lo be a• • 1.agency,or kletnimen
(3) As used n Ind section. Wiry
(a) 'lnterlocat agreement'mean agreement en- 3. My corporation,not- -profit corporation,firm,
Wed into pursuant to this sect• •. cooperative •- lion.electric cooper*• •
• (b) 'Public agency'means political subdivision, one, business trust of any o •whatsoever which
agency or officer of Ind state• of any sale of the Unit is or • and existing under Iowa of the United
•
ed States.inkrM cng.butendedte orIrrd to. slate govern. Sany steal;of ,
•
mini,county,city, - •• ,strict,singe and mufttpur• 4.: Any foreign country:any poi•• erbdlvsion or
pose epeeist district, and multipurpose pubic au. •• unit of a country;
Monty.metropolten• •• • , tad or Lion say corpora.•coop•
govenrnwN,en tine tton, • -for-profit oppeatan,loin,pen coop
dependently elect• county officer,any agency of tie wall association,electric cooperative. • business ••
United Sates -• . nnmenl.and any similar entity of any trust• any rate•whatsoever which is • • • and
other state of I,I . timed Slates ewes •louder the laws of a foreign country or• poiti
(c) 'State' .ens•stale of the Untied States. cal • or governmental unit thereof.
(d) 'E • rtc protect'means (I)' Elscuic utility'hie the same meaning se s.
I. . plant, works. system. facilities, and reel 361. (2).
props and personal property of any nature lwhnataoev. (g 'Foreign pubic utility'moors any Paton •
l
ter, ••. er with as pals thereof and impudentness a• location principal pSce a business is not lo. 1
Ih •
ass flg7
i•
1
•
{x
y' �, • :..e . � „„ 1 �. rI . . c4. r� --.L tiira * v4+ m r ityY- .. r�a+ :trW .r ; .tns;•`t:.°f . ,w u t§.t .t� R Ur jF WC T ta�yXxt r1 - ..
• .�r -w R ° /r '' N t r,ke t:r, j' ra a r sot, r� 'y . R:. ..% '
✓ -
VILLAGE ®F TE UE
f - � of,ce Q STA
�?• - to: 3273 • 3s7 rege,esta Drive
`: .67p.
b,�- ` ' Tequesu. Fonda 3346A-0:73 • (407) S75-6200
it �i�• FAX: [407►37S�203
MEMORANDUM:
TO: Village Council
FROM: Thomas G. Bradford, Village Manager
DATE: ?'a�
June 8, 1989
SUBJECT: Municipal Code Enforcement Board Survey
Below, please find the results of a surveytaken
and 8, 1989 regarding the above referenced. All t on June 7
municipalities in Pais Beach Count tTequessis ere
contacted. An inquiry Y, other than Te4uesta, were
conta had a ry was made as to whether or
not Code Enforcement Board. The municipalities
presentlyonstey were as follows:
* Those denoted with an x do have a Code Enforcement Board.
x Atlantis
7I Belle Glade t Lake Clarke Shores
x Boca Raton x Lake Park
t Boynton Beach t Lake Worth
Briny- Breezes t Lantana
x Cloud Lake = Manalapan
onx Delray Beach x Park lmBeach
= Glen Ridge
Golf Ocean Ridge
I Gol tview = PahokN
x Gresnacres City y Palm Beach
Stream t Palm Beach Gardens
x Gulfverhtrl y Palm Beach Shores
x Highland Beach t Palm Springs
uxo
s Riviera Beach
I Juno18 ae x Royal Pala Beach
Jupiter I South Bay
SJupiter Inlet Colony x Westht Pal�mBeachh
This survey concluded that twenty-eight (28) of the thirty-
six (36) municipalities, or seventy-eight
municipalities in Palm Beach Count id,pindeed ( a have activeof ve
Code Enforcement Boards.
TGB/3mm •