HomeMy WebLinkAboutDocumentation_Regular_Tab 10C_5/25/1989 . - v+wawnM.L NO.
��011 2\d� AN ORDINANCE OP THE VILLAGE COUNCIL OF THE
VILLAGE OP TEQUESTA, PALM BEACH COUNTY, PWRIDA,
l l�e �10° ESTABLISHING A IWNICIPAL CODE ENFORCEMENT BOARD;
� 4 �� DECLARING INTENT; PROVIDING FOR DEFINITIONS;
PROVIDING FOR ORGANIZATION; PROVIDING FOR
�VP(� APPLICABILITY; PROVIDING FOR POWERS; PROVIDING
FOR ENFORCEMENT PROCEDURE; PROVIDING FOR CONDUCT
OF HEARING; PROVIDING FOR FINES AND LIENS;
PROVIDING FOR APPEAL; PROVIDING FOR PORN OF
NOTICES; PROVIDING FOR SEVERABILITY; 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:
Section 1. There is hereby created, pursuant to
•
the direction o Chapter 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,
expiditious, effective and inexpensive method of enforcing
the hereinafter described codes of the Village.
Section 3. Definitions.
As used in this Ordinance:
Code Inspector means any authorised agent or employee
of the Village whose duty is to assure code compliance.
Enforcement board means the Village Code Enforcement
Board.
Village Attorney 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 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.
A
3An ent.inc•r.
4. A genera_ cc- :a::c:
S. A realtor.
6. A subcontractor.
7. A general member.
(B) In order that terms of office of all members
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-••• WE expire at the same time,
r to the Code Enforcement the initial appointments
tombers shall Enforcement
a •
Board shall be as follows: Two (2
e members shall pn i;ted for a term of one year each; threj
each: two (2) members shpaolinted for a ten of two 2) years
each:
years each. be appointed for a term of three
may be rem Upon the expiration of each term, members
reappointed for terms of three (3) years.
Any member may be reappointed from term to term upon
approval of the Village�f suneciil. Appointments to fill any
• vacancy on the Code
remainder of the unexpired term Board shall be for theo
fails to attend twoof office. Any member who
without cause and without outprior threeof (3) successie chairpersonmeetings
shall automatically forfeit his or her p the ndthe
Village Council shall promptly her appointment and the
shall serve at the fill such vacancy. The members
be r as provied pleasure n of the Village Council and may
Ordinances for removal of m the Village of cards. Code of
members of Village Boards.
(C) The members of the Code Enforcement Board shall
elect a chairperson. The presence of four (4) or more members
shall constitute a quorum of the Code Enforcement
' Members shall serve without compensation bone.
for such travel expenses, mileage e ' may be rpimbudsem
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expenses as may be authorised by thexpenses' and Per diem
Village Council.
(D) The Village Attorney shall either be counsel
to the Code Enforcement Board or shall represent the Village
by presenting cases before the Board.
Section S. Applicability.
The Code Enforcement Board shall enforce and have
jurisdiction of the following chapters of the
Ordinances of the Village of Tequesta, to wit: Code of
1. Chapter 2.5 -- Alarms
2. Chapter 6 -- Builings i Building Regulations
3. Chapter 10 -- Health and Sanitation
4. Chapter 11 -- Licenses
S. Chapter 12 -- J/oise I. Chapter li -- Signs, Billbaords, Etc.
7. Appendix A -- Zoning
S. Appendix B -- Subdivisions
Section 6. Powers.
The Code Enforcement Board shall have the
power to:
(A) Adopt rules for the conduct of its hearings.
(I) Subpoena alleged violators and witnesses to its
hearings. Subpoenas may be served by the Village's Police
Department.
(C) Subpoena records, surveys, plats and other
material.
(D) Take testimony under oath.
(E) Issue orders having the force of law ccnmanding
whatever steps are necessary to bring a violation into
compliance.
Sc_io=7_ Er.!:.r. ene.t :ece,:4re.
) It
initiateAenforceme enforcement proceedings ceedings of the various of the d c Inspector to
odes.
(B) If a violation of the codes is found, the Code
Inspector shall notify the violator, unless paragraph (C)
page 2
• .rr.•cs, ana give said violator a re sa onable )6 PO
time to correct the violation. Should
or
• ,.' beyond the time specified violators cspectu
•
' shall notify the Code for correction, the Code Ins
shall t to st
the Enforcement Board and Baring
• ! be soiled to said violator procedure
as Section $. Written n i hearing
provided herein. notice shall
(C) If the Code Inspector has reason to
violation presents a serious threat to believe a
safety and welfare, the Code Inspectorthe public hrth,
to the procedure in Section • withu notifying proceed directlya
' Y g the violator.
Section Conduct of Bearing.
nay (A) The Chairperson of the Code Enforcement
Y call hearings of the Code anent Board
say also be called byEnforcement Board and hearings
ambers of th written notice signed by at least three
(3) me BoardCode Enforcement word. The t,..de
Enforcement. The Code Enforanycementnofrequently Board should attempt to convene
! el sore t often oa cethe demandrytwo (2) months,
but be kept of all hearings necessitates. Minutes
shallh allb hearingspt shall beg by the Code Enforcement Board
shalld provide clerical open to the public. The Village
. be reasonably required D administrative personnel as may
the proper performance of its dutiesthe .
Enforcement Board for
(3) Each case before the Code EnforCe'
be presented by either the Village Attorneybyt adoard shall
the Village's administrative staff. member of
(C) The Code Enforcement Board shall proceed to hear
the cases on the agenda for that day.
be under oath and shall be recorded. All teatinfo shall
! Board shall take testinon The Code Enforcement
violators. Formal rules of feviden�C�allnsot apply,and alleged
• fundamental due process shall be observed a however,
proceedings. govern said
Enforcement At
the
eha 11 conclusion
oinai the hearing,
Ef law and findings of fact nc Code
shall issue an order affording thereliefd conclusions
consistent with powers granted herein. proper hall
be by sotion approved by a majority The finding shall
• voting, except that at least fourri(4) of those presenth Codee
Enforcement Board must vote for the action tomembersbe of ffficiahl
Sect tines and Liens.
The Code Enforcement Baord,
Code
Inspector that upon notification by the
oded has not been arevious order of the Code Enforcement
• finding that the sane complied
ation hawith s tbeen he sere t repeated b upon
sane violator, say order the violator toY the '
exceed two hundred and fifty dolalrs pay ) fine noty theo
violation continues past the date set for��) per day
for each tine the violation has been repeated,c pliaaq, nor
g
shall not a necessary for issuance of the order.
a hearing
. copy of an order imposing a fine as A certillic
•
records and thereafter shall constitutes•rlieniaga 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 authorize the Village Attorney
tc `c==:::sa c- _La lien.
No lien provided under the
Enforcement Boards Act shall Continue for oar longer
than two (2) years after the certified perioda lorger
imposing a fine has been recorded, ropy of an order
•
an action to foreclose on the lie unless within that tits
: of competent jurisdiction. The in a the court
lien
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i
.
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.
An aggrieved party, including the Village Council,
may appeal a final administrative order of the Code Enforcement
Board 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
(1S) 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 SO of
the Florida Statutes for legal and official
advertisements. Proof of publication shall be made
i
as in SS0.041 and SSO.O51 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.
3. Evidence that an attempt has been made to hand
deliver or mail notice as provided under subsection
1., together 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.
Nothing contained in this Ordinance shall in any way
bar or 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.
•
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
:an te applications, � effect withclm the �
and to this end the provisions of this Crdinance
• are hereby declared severable.
• Section 14. Codification.
1
is Ordinance shall
the official Code of Ordinances of te codified
e f made a part of
VillageTequesta.
Section 15. Effective Date.
This Ordinance shall take effect immediately upon
its passage and approval as provided by law.
THE FOREGOING ORDINANCE was offered by Councilmember
who moved its adoption. The
Ordinance was seconded
by Councilmember
the vote was as follows: and upon being put to a vote,
FOR ADOPTION: AGAINST ADOPTION:
The Mayor thereupon declared the Ordinance duly passed
and adopted this day of , 1989.
MAYOR OF TEQUESTA:
•
Joseph N. Capret a
ATTEST: .
Village Clerk
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ID III.
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` at 1a COUNTY OR MUNICIPAL CODE ENFORCEMENT
P.S. 1917
CHAPTER 162
r
COUNTY OR MUNICIPAL COPE ENFORCE M
` 162.01 Short tine. 112.05 Local government coda enforcement
162.02 'Latent.
162 03 AppGcap,7ty, boards,oriaNra _
162.05 oaI (1)ore The governing body may appoint one ce
goverment code enforcement boards: gal cow for d e enforcementeven-n*0*code 0r� !hoods and t e
boards.Members of the
162.06 EN organi art procedure. enforcement boards shag be residents of the municipal.
162.07 Conduct d hearing. b.in the case of�snicipal enforcement
dents of the boards.or rash
r 162.0e Powers d enforcement boards. cask n the case of county enforcement
�� 162.09 Administrative fees:liens. board:-Appointrtnents abet be made in accordance with
162.10 Duration of ben. applicable law aid ordinances on the basis of caper}
con-
162.11 Abbeys_ trice or interest in b fields of zoning and bu,
• 62.1 Notices. trot. The membership of each enforcement board shag.
162.13 Provisions d act supplemental. whenever
t�er possile. ncwde an architect, a bum-
tr'gineer.a general contractor.a subcontractor.
162.01 Shoat ft.—Sections t62.01-t62.t3 may be and a reactor.
• ent (2) The India/appointments to an enforcement
cited as the 'Local Government Code Enforcement
Boards Act.' board abet be as mews:
a satst+s+ s,,a,. + �, a:ar (a) Two members appointed fora term a 1 yew
t.
. Three
-% 1$2.02 IntenL—lt is the intent of this act to promote. eacl(b). r1° s appointed for a farm a?years
V, s protect•and improve the health. safety, and welfare of
1-. ; the citizens of the counties and municipalities a this each. Two membes appointed for a farm a 3 years
state by authorizing the creation of administrative
boards with Thereafter.
other money to use admmrstratrve fines and any apponlmenl shall be made for a term of
nontxxrunai penalties to provide an equitable.ex. 3 years.A member may be►eapponted upon approval
pad t codes a.and inexpensive method ol enforc. a the local gov�elerg body.An appointment to fi any
rigordirnarnces in force in counties
ties andancY on an
-e - continues to exist.am.• where.a pending or repeated vrotation �' a prier ur tem"office r any be mernptho tr
wd+rg.tut net knifed b,=ups. fads to attend two dives successive meetings
banal kens&fee.
- lems._.,'1.•• •t-. p.• and
sign
4saa+ enforcement board shall. cause and widme wet approval of the er's office
the
cant. and the focalgoverninge s met' va•
f body shall
�1; a0 Each countysty'— y MI
��vacancy. The.embers shell serve n accordance
municipality may, at its option, dinars a to local governMg create or abcbeh blr ordnance kcal government cede suspended and gnbweo q provided in such•. enlacement boards as provided t>erein, eminences for meow o1 rr�rt�ers a pa,
(2) A county may by County«durance, be (3) The members of an enforcement board steal exempted from tie provision: a this act. A charter elect a Cfnaingn,nib shag be a voting ki i Ircen
minty m y.by orarnar+ce.adopt an alternate code en- among MO re
members d the board. of fog
lorcement system which gives code enforcement or more members shell constitute a quorum a any eft^
f ttnor cisty o cotad speciel masters the au• ssaat l board.Marken s�hal serve w;thout c«r,per.
hearings and assess fines against viola• m e ambtxma hot such travel,mleage
i of codes and ordinances. and per diem expert as may be authorized by the la
tors of county.+.i a sasm•lei ear.•t.err et-m,.• ,.e„"Am �miming body ores ere otherwise
emu.-r«..+ +sae
t N) The local governing body attorneyProvided a aY sew.
counsel to an enforcement board or either be
_w: 16N01 Dermi5o s.—As used in ss. 162.01-162.13, municipality orrepresent the
(1) local governing
by presenting cases her«e the
ernrng body' means the governing enforcement board.b e in no case slit the local govern-
iry
body oldie county or municipak however designs Y attorneym-s serve in both 4.a n-e .
(2) 'Code inspector'means any authorized agent or -Pe mr a'sea e!a star:t a sae+,t t erg p-+i
employee d the coon a
to assure code oompinoe municipality
whose duty it is (1) EMoreeeieet prooa _
counselor for the oiy attorney.means the ty. hats enf shal be thit any a the lie inspector to L
eedings d the various coda
code enlacement bo ash�rvnent initho"�reewr such t bard eh°have the power le
` �+e ant e.a ear.a +o e�a-2+s a s.err.ac aD+ (2) Except as podded in subsection(3).E a vice*
.r a ISM tract a the codes n lard the .
code a+seect«sherry r.ti
r + '• ` ' _ • • i"1" +i! a.si„ • -
F.S. 1NT COUNTY OR MUNICIPAL CODE ENFORCEMENT Ch. 162 , i
:ne violator and give him a reasonable time to correct the (1) Adopt rules for the conduct of its hearings !
.iolation Should the violation continue beyond the time (2) Subpoena alleged violators and witnesses to its
specified for correction, the code inspector shall notify hearings Subpoenas may be served by the sheriff of the 1 ' -
an enforcement board and request a hearing The code county or police department of the municipality.
±nforcm
eent board. through its clerical staff. shall (3) Subpoena evidence `
Schedule a hearing, and wntten notice of su.h hewing (4) Take testimony under oath.
•;hall be hand delivered or marled as provided ., s (5) Issue orders having the force of law to command I '
162.12 to said violator At the option dtne code enforce• whatever steps are necessary to bring a violation into
:rent board,notice may addition*be served by pulpit- compliance.•
cation or posting as provdeo in s.162.12 If the violation -s ;?Ira • t a+ a-r s t•a mar+ -
is corrected and then recurs cc if the violation is not cor-
rected by the time specified for correction by the code 162.09 Administrative fines;lens.—
.nspector, the case may be presented to the enforce- (1) An enforcement board,upon notification by the
ment board even if the violation has been corrected prior code inspector that an order of the enforcement board
to the board hearing, and the notice shalt so state has not been complied with by the set time or,upon find.
(3) I the code inspector has reason b believe a vio• ing that the same violation has been repeated by the
ration presents a serious threat b pay a the public health. same violator.may order the violator tofine not to 1 -
safety,and welfare or if the violation is'reparable or ere- exceed S250 for each day the violation continues past
vista*in nature. the code inspector shalt make a rea• the date set for compliance or for each time the violation r
sociable effort to notify the violator and may immediately has been repeated,and a hearing shall not be necessary . •• `
notify the enforcement board and rams!a hearing for issuance of the order
1.01,� s s a 14-201.1 r a p-s+ (2) M determining the amount of the fine.it any.the
034
enforcement board shall consider the following factors: • • • -
162.07 Conduct of hearing.— Ice) The gravity of the violation; •
•
(1) Upon request of the code inspect«. or at such (b) My actions taken by the violator to correct the
other tunes as may be necessary.the chairman of an en• violation; and l+i;
f«cement board may call a hearing of an enlacement le) MY previous violations committed by the viols
board; a hearingalso maybe cared tor.
signed by at ast three embers d an enforcement �) A certified copy of an order imposing a fine may
board Minutes shall be kept of art hearings by each recorded in time public records and thereafter shall It
en-
forcementbe board.and au hearings and proceedings shall constitute a hen against the land on which the violation
be open b the public The local governing body snarlowned exists and upon any other real or personal property
provide clerical and administrative personnel as may be same by the violas«: and A be enforced in the
reasonably required by each enforcement board for the same manner as a court judgment tit may r the enforced
er the
but
proper performance of its duties. state,including levy against the personal property.but
(2) Each case before an enforcement board shall be shaft not be deemed to be a court judgment except for
f presented by the local governing body attorney«by a anynrorcement purposes.After 6 months from the Hng of
• member of the administrative staff of the local r such which remains unpaid. the enforcement .s
�ning board may authorize the local governing body attorney
M enforcement board that proceed to hear the to foreclose on the Yen.No hen created pursuant to the
cases on the agenda for that day.Al testrrmorny shall be provisions of this chapter may be foreclosedM.
on real
under oath and shall be recorded.The enlacement property"'ma's a homestead under S.4.Art.X of the , h•i
board shall take testimonyfrom the code State Constitution. ;J
inspector and a asi I.a sax+o..S.ar, at�r.s Lae at-rss.•s.a srzo, ' i�
alleged violator.Format rules of evidence shall not appy, wtr`-•ra.,.. w sea
but fundamental due process shah,be observed and I c:
shall govern the proceedings. 162.10 Duration of Teti—No lien provided under the . . _=
(4) At the conclusion of the hearing. the enforce- Local Government Code Enforcement Boards Act shallI I --
man board shall issue findings of tact.based on evt• continue for a period longer than 5 years after the certi- `
dense of record and conclusions of taw.and shall issue lied copy of an order enposing a fine has been recorded, ' T.
an order affording the proper relief consistent with pow- unless within that time an action to foreclose on the ben
era granted herein. The finding shal be by motion ap• is commenced in a court of competent jurisdiction.The
proved by a majority of those members present and vot- continuation of the lien effected by the commencement
itg, except that at least four members of the enforce• of the action shall not be good against creditors or sub-
merit board must vote in order for the action to be offi• Sequent purchasers for valuable consideration without
C .The order may include a notice that it must be corn- notice,unless a notice of 4s pendent is recorded. ,,.
pied with by a specified date end that a fine maybe im• -'a.t.ap• .••s ra ss-sat. .r
Posed if the order is not complied wills by said date. I,
st,-s t.a, 80-X0.s a a at 1 ai a Dag r S.a ss-rot 162.11 Appeals.—An aggrieved party,including the ,:• '
•ta.-'s+••• ,Kos' local governing body.may appeal a final administrative 1
mar
162.00 Powers of enforcement boards.—Each en- an apder peal shall nenforcement
t behearinga �d de n to the circuit�'be
foremen!board shag have the power for ited tothe recordnovo buttbeforehall the SUCh • ,
ppeAate review of the created the •
S95 f
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Ch. 162 COUNTY OR MUNICIPAL CODE ENFORCEMENT •
F.S. 19117
enforcement board M appeal shall be fi
led within 30 toted.three copes of such notice shall beI
days of the euWdon i the order o be appealed.
- - iiiike--%rmw 's]i�• '� ' ] s 7 a �iSp I6-10i least 28 days in three different and conspicuousp�S1ed for at
in such county. one of which shalt be a the fron placeso
of the court 16Z1? Notify,_ house in said county.
11) All not r 2. Proof of posting shalt be by affidavit of the per-
to the aAl squired by kills act shall be provided Son posting the nonce. which affidavit shalt rnck,de a
copyvClata by c:rtdred mad,return receipt recopyof the notice posted and the date and ptacts of its I
quested.by hand delivery by the sheriff Or other law en• Posting
forcement officer.code inspector,o►other
` Haled the parson desig (c) Notice by publication or posting may run concur
fiat at the a loos.governing body.or dy leaving the no. ►enty with,or may follow.an attempt or attempts to pro-
person of his fanwy abor„es usual �of residence with some vide notice by hand delivery or by mail as required under
'-• •. such person of 15 years of age and informing subsection(1).
the contents of the notice.
(2) In addition to Evidence that an attempt
!, _ . section n a at do ao"'ding notice as set forth in sub- or pr nail notes as has been made to hand ether
•;_Y notice may also Option of ned byhe publication enforcement
«ment board. with proof of publication or subsectiond in pro (1), in sub- j
• follows posting,as section(2). posting as provided n sub.
shoo be sufficient to show that the notice re.(U1 notice span De once d quirements of this chapter have been met. without 3 each week Such I published � gard to whether or not the alleged re-
3
:-..- , ca+secutrve weeks (four publications cowed such notice violator actually re
....!:-
the sufficient)n a newspaper of general GtWlatiOn n the county where the code enforcement board is boat. •Mar.-` i • not 1�20t.• 3 a p-fir
�:Y ed.The newspaper snap meet such requaeR1�ts as are 1632
prescribed ne under chapter 50 for legal and official ad,rer.
ti?.1� Provisions of act aupplemental—tt is the
1X rt1ent= legislative intent of ss.1E2.01-162.12 to s� 2 Drool of oubficatron shaft be made as o lanai or Supplemental provide an add
provided n ppkment means of obtaining compha 1-
. ss. 50041 and 50151. with total codes Nothing contained in ss. 162 O1-
(b)1. If there a no newspaper of general circulation 16212 shall prohrb,t a local gover
f t the county where the code enforcement board is b ifs codes any other means horn enfarc
in
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