HomeMy WebLinkAboutDocumentation_Regular_Tab 7B_5/11/1989 •
ORDINANCE NO. •
11-19
. . .
1
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
ESTABLISHING A MUNICIPAL CODE ENFORCEMENT BOARD;
DECLARING INTENT; PROVIDING FOR DEFINITIONS;
PROVIDING FOR ORGANIZATION; PROVIDING FOR
APPLICABILITY; PROVIDING FOR POWERS; PROVIDING
FOR ENFORCEMENT PROCEDURE; PROVIDING FOR CONDUCT
OF HEARING; PROVIDING FOR FINES AND LIENS;
• PROVIDING FOR APPEAL; PROVIDING FOR FORM 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 of 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 authorized 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. Organization.
•
•
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.
3. An mngi'ee_.
4. A genera- cc-_=actcr.
5. A realtor.
6. A subcontractor.
7. A general member.
(B) In order that terms of office of all members
page 1
•
will not expire at the same time, the initial appointments
1., _ ..7 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 a term of three
(3) years each. Upon the expiration of each term, members
may be reappointed for terms of three (3)
years.
Any member may be reappointed from term to term upon
t approval of the Village Council. Appointments 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 more members
. shall constitute a quorum of the Code Enforcement Board.
S 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 either be counsel
' to the Code Enforcement Board or shall represent the Village
by presenting cases before the Board.
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 -- Builings 6 Building Regulations
3. Chapter 10 -- Health and Sanitation
• 4. Chapter 11 -- Licenses
5. Chapter 12 -- Noise
6. Chapter 16 -- Signs, Billbaords, Etc.
7. Appendix A -- Zoning
• 8. Appendix B -- Subdivisions
Section 6. Powers.
The Code Enforcement Board shall have the power to:
(A) Adopt rules for the conduct of its hearings.
(B) 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 commanding
whatever steps are necessary to bring a violation into
compliance.
Section 7. Er.=orcez%e;.t Procedure.
(A) It shall be the duty of the Code Inspector to
initiate enforcement proceedings of the various codes. .
Inspector(B
If a
on
f the
) shall notify them violator, ss is unless found,
ara ra h Code
• P 9 P (C)
page 2
of this section applies, and give said violator a reasonable-- ,
time to correct the violation. Should the violation continue
t .;. beyond the time specified for correction, the Code Inspector
shall notify the Code Enforcement Board and request a hearing
• 1!
pursuant to the procedure in Section 8. 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
roceed directly
to the procedure ain�S ction the o8ew thout noti Insector fying the violator.
1.
•
Section 8. Conduct of Hearing.
(A) The Chairperson of the Code Enforcement Board
• may call hearings of the Code Enforcement Board and hearings
may also be called by written notice signed by at least three
(3) members of the Code Enforcement Baord. The Lcde
Enforcement Board at any hearing may set a future hearing
date. The Code Enforcement Board should attempt to convene
no less frequently than once every two (2) months, but may
t 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 either the Village Attorney 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
I Board shall take testimony from the Code Ins ed
violators. Formal rules of evidence shall not apply,
however,
fundamental due process shall be observed and P Y�
proceedings. govern said
(D) 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 (4) members of the Code
Enforcement Board must vote for the action to be official.
Section 9. Fines and Liens.
The Code Enforcement eaira
ion b the
• Code Inspector that a previouss o der of the Code upon tEnfo cement
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 dolalrs ($250.00) 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 1
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 authorize the Village Attorney
. *o fc==zicz on -L- l
No lien provided under the Local Govern.-e-
Enforcement Boards Act shall continue for a e t loCcnger
•
than two (2) years after the certified copy
long_-
PY of an order
imposing a fine has been recorded, unless within that tire
an action to foreclose on the lien is commenced in a court
of competent jurisdiction. The continuation of the lien
•
page 3
-
• 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
(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 S50.041 and S50.051 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.
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
civer. effect ::ithc•.:t the invalid provisions or
applications, and to this end the provisions. of this Crdirance
are hereby declared severable.
Section 14. Codification.
This Ordinance shall be codified and made a part of
the official Code of Ordinances of the Village of Tequesta.
r ,
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 , 1988.
MAYOR OF TEQUESTA:
•
Ron T. Mackail
ATTEST:
Village Clerk
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44• r• Ch. 162 COUNTY OR MUNICIPAL CODE ENFORCEMENT
2, F.S. 1987
CHAPTER 162
``" COUNTY OR MUNICIPAL CODE ENFORCEMENT
.'. 162.01 Short title.
tom;, 162.02 Intent. 162.05 Local government code enforcement
''. 162.03 Applicability. boards;organization.—
' 162.04 Definitions. (1) The local governing body may appoint one or
162.05 Local government code enforcement boards; gal morcounsel for the e «�1�ds Members and
- :• organization.
162.06 Enforcement procedure. enforcement boards shall be residents of the municipal-
.
` 162.07 Conduct of hearing• ty,in the case of municipal enforcement boards,a res�
• - dents of the
162.08 Powers of enforcement boards. boards. county.in the case of county enforcement
162.09 Administrative fines: liens. APPoinfrnents shall be made in accordance with
162.10 Duration of Yen, applicable law and ordinances on the basis of expert_
.�- .„1",..-,� once or interest in the fields of zoning and building con-
•
-a'
' 162.11 Appeals.
Y 62.12 Notices. hot. The membership of each enforcement board shall.
162.13 Provisions of act supplemental, whenever possible, include an architect, a business-
man,an engineer,a general contractor,a subcontractor,
; X and a realtor.
�_ 162.01 Short title.—Sections 162.01-162.13 may be
cited as the 'Local Government Code Enforcement (2) The initial appointments to an enforcement
"''= Boards Act.' board shall be as follows:
I •-. I.ah ea3ao..n a s,-ze., ,.en. -V. (a) Two members appointed for a term of 1
MOH.—Form,. 166051
each. year
�: (b) Three members
162.02 Intent.—It is the intent of this act to promote, each. appointed for a term of 2 years
protect. and improve the health, safety, and welfare of (c) Two members appointed the citizens of the counties and municipalities of this each, for a term of 3 years
,.. ^ state by authorizing the creation of administrative
boards with authority to fines
and
T►nreafter,an
. Y impose administrative fines and Y appontment shall be made for a term of
x: other noncriminal penalties to provide an equitable,ex- 3 years. A member may be reappointed upon approval
pedit,ous•effective,and inexpensive method of enforc- of the local governing body.An appointment to fill any
- i^9 the codes and ordinances in force in counties and vacancy on an enforcement board shall be for the re-
' municipalities, where a meander of the
y pending or repeated violation unexpired term of office. 0 any member
continues to exist. _ fails to attend two of three successive meetings without
°f Ilona!license, fire,bull zoning.tandtsgn codes. prior approval of the chairman, the
rq. cause and without
ter_, +,cn 1 Jm.2.w V.v.. r.a+ es-,so.. i.en.es-to, enforcement board shall declare the member's office va-
;� ; l�� M...•—For.w. 165052
cant. and the local governing body shall promptly 9
162.03 Applicability.—
with
vacancy. The members shall serve in accordance
(1) Each county or municipality may, at its option, with ordinances of the local governing body and may be
• r create or abolish suspended and removed for cause as provided in enforcement boards ash local government code ordinances for removal of members of boards, such
*. provided herein.
' J (2) A charter county may.by county ordinance, be (3) The members of an enforcement board fro m
- exempted from the provisions of this act. A charter elect a chairman,who shall be a voting member, from
1county may,by ordinance.adopt an alternate code en- among the members of the board.The presence of fax
- le.
forcement system which gives code enforcement or more members shall constitute a quorum of any erm-
boards or county-designated special masters the au- fa ens board.Members shall serve without cornier-
thority to hold heanngs and assess fines against viola• satwn'but may for such travel•mileage.
tors of county codes and ordinances. and per diem expenses as may be authorized by the lo-
Neston-�+.fen a>`3oo..z m ue-r..s.en e6 zo,.. ,.a+er-,� cal goveming body or as are otherwise provided by�w.
Moa.-ro�++�r. ,66asa (4) The local
9 ►ning�Y attorney shall either be i
162.04 Definitions.—Ile used in ss" 162.01-162.13, co�,nsel to an enforcement board or shag represent the be
the term: municipality or county by presenting cases before tun
(1) 'Local goverrnng body' means the overn,n enforcement board,but in no case shall the local govern-
body of the county or municipality,however designated ��.+ -.I di 60-yaoo serve a��'. ec6-dam t p, 67-,a
r: (2) 'Code inspector'means any authorized agent or mow-Fenner
to aspbYce�county or municipality whose duty it is 162.06 Enforcement procedure,—
(3) 'Local governing body attorney'means the legal (1) It shall be the duty of the code inspector to W-
counselor for the county or municipality. hate enforcement proceedings of the various codex
(4) 'Enforcement board'means a local government however,no membeme a board shall have the power to
• ', code enforcement board. initiate such enforcement proceedings.
- e ,.en so-aoo... a-r.. ,o.en!!5-2,6 $ a.en e6-zo,. (2) Except as provided in subsection(3). if a v10 a-
'-�0�""" �66�. tion of the codes is found the code inseector shag'lc!'v
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I.41 tc
F.S. 1987 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 .
.rotation.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
an enforcement board and request a hearing.The code county or police department of the municipality. • • •'=
enforcement board, through its clerical staff, shall (3) Subpoena evidence. , ,` ',
schedule a hearing, and written notice of sir:h hearing (4) Take testimony under oath. _ "_sr n'
'Mall be hand delivered or Mailed as provided in s. (5) Issue orders having the force of law to command ( � i_ `
182.12 to said violator.At the option of the code enforce- whatever steps are necessary to bring a violation into ! ,
ment board,notice may additionallybe served by :.;f*.i;
publi- compliance.- - �.7:_
Mlsrory.—s 1 t1 ED-300 1 7.cn °2-37.s 7.en.°6-201
",,. it,7s::
anon or posting as provides in s. 162.12.a the violation N„R�,,,ry„ s; k,•::.-.
:s corrected and then recurs or if the violation is not cor- ' I i; X.=�
rected by the time specified for correction by the code 162.09 Administrative fines;liens.— t " .•
f24.
inspector, the case maybepresented 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 f " `"
to the board hearing,and the notice shall so state. has not been complied with by the set time or,upon find
(3) B the code inspector has reason to believe a vio- ing that the same violation has been repeated by the s-,,,,, .,'
ration presents a serious threat to the public health, same violator,may order the violator to pay a fine not to _ R
safety,and welfare or if the violation is irreparable or irre- exceed$250 for each day the violation continues past ..
versible in nature, the code inspector shall make a rea- the date set for compliance or for each time the violation _=.' ,
sonable effort to notify the violator and may immediately has been repeated,and a hearing shall not be necessary ; . . I , _e
notify the enforcement board and reques:a hearing. for issuance of the order. :.
r6st..y.—s 1.di e0-300.s 5 ch 16-201.s 1 or 6-3 1 "'_
���s 1�056 (2) In determining the amount of the fine. if any, the , ; Y,Y ,,,.
enforcement board shall consider the following factors:
162.07 Conduct of hearing.— (a) The gravity of the violation; ".
(b) Any actions taken by the violator to correct the
(1) Upon request of the code inspector, or at such violation;and t ' _.
other times as may be necessary.the chairman of an en �!I
forcenent board may call a hearing of an enforcement (c) Any previous violations committed by the viola . ,
board: a hearing also may be called by written notice tor' r�
(3) A certified copy of an order imposing a fine may
signed by at least three members of an enforcement 1,i .,. 1.
board Minutes shall be kept of all hearings by each be recorded in the public records and thereafter shall I .,'... ,,;'.:
en-
forcement board,and all hearings and proceedings shall constitute a lien against the land on which the violation
be open to the public The local governing body shall exists and upon any other real or personal property ;;'
owned by the violator; and it may be enforced in the
provide clerical and fore antrative personnel as may be same manner as a court judgment by the sheriffs of this :,_
reasonably required by each enforcement board for the state, including levy against the personal property, but
proper performance of its duties. shall not be deemed to be a court judgment except for W
(2) Each case before enforcement board shall be enforcement purposes.After 6 months from the filing of
I presented by the local governing body attorney or by a any such lien which remains unpaid. the enforcement _-5-L°
member of the administrative staff of the local governing board may authorize the local governing body attorney
body. to foreclose on the lien.No lien created pursuant to the = "-
(3) An enforcement board shall proceed to hear the provisions of this chapter may be foreclosed on real ,
cases on the agenda for that day.All testimony shall be property which is a homestead under s.4,Art.X of the •�.i
under oath and shall be recorded. The enforcement State Constitution. Il' _- ::r`:
board shall take testimony from the code inspector and �+.�v—. 1.en 50-3oo.. S.en s247 n 5.s.2,01 °s-150.. s•e6-201.s i I;' :-
' violator.Formal rules of evidence shall not apply, 2.e"°7-�' ' 'C alleged rioe..—cdm«. 166 os9 � I ,.�• t:
but fundamental due process shall be observed and ,.
than govern the proceedings. 162.10 Duration of lien.—No lien provided under the ,
(4) At the conclusion of the hearing- the enforce- Local Government Code Enforcement Boards Act shall -
ment board shall issue findings of fact. based on evi- continue for a period longer than 5 years after the certi- . ..Y'x.•. '
Bence of record and conclusions of law,and shall issue fied copy of an order imposing a fine has been recorded,
an order affording the proper relief consistent with pow-. unless within that time an action to foreclose on the lien •
era granted herein. The finding shall 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
ing.except that at least four members of the enforce- of the action shall not be good against creditors or sub- f
ment board must vote in order for the action to be offi- sequent purchasers for valuable consideration without
sal.The order may include a notice that it must be corn- notice,unless a notice of his pendens is recorded. ` ., .,ems`
Plied with by a specified date and that a fine may be im• "''ign.—.9.cll.aT-37,s.S.cn.56-291. • , j • _�,.
Posed if the order is not complied with by said date. 162.11 Appeals.—An aggrieved party,including the '' ` :•;.
a .. c e+ aza w eh s ss:+7.s a.a e6-2o1
166057 local governing body, appeal a final administrative
90 rig may
order of an enforcement board to the circuit court.Such ,
162.08 Powers of enforcement boards.—Each en- an appeal'shall not be a hearing de novo but shall be him- I ' : '--'••
forcement board shall have the power to: ited to appellate review of the record created before the •
°
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. . Ch. 162 COUNTY OR MUNICIPAL CODE ENFORCEMENT F.S. 1987
-``'
$1 enforcement board. An appeal shall be filed within 30 cated.three copies of such notice shall be
Fir days of the execution of the order to be appealed. posted for at
, ti.,k Miuory._: 1 c- z_30D 10 c, e2_37 : 3.cn �,5o �� least 28 days in three different and conspicuous places
` { Note.—`r"x s '��� in such county, one of which shall be at the front door l
- '- 162.12 Notices.— of the courthouse in said county. I
�' `� 2. Proof of posting shall be by affidavit of the per•
(1) All notices required by this act shall be provided son posting the notice. which affidavit shall include a
- , ; to the alleged violator by certified mail,return receipt re- copy of the notice
quested,by hand delivery by the sheriff or other law en Posting. posted and the date and places of its l
• -A":'= . forcement officer,code inspector,or other person (c) Notice
desig• by publication or posting may run concur-
{. nated by the local governing body;or by leaving the no- renty with,or may follow,an attempt or attempts to pro-
- ' lice at the violator's usual place of residence with some vide notice by hand delivery or by mail as required under
person of his famdy above 15 years of age and informing subsection(1).
: - •.•,•r+ such person of the contents of the notice.
k)• T; *?• (2) In addition to providing notice as set forth in sub Evidence that an attempt has been made to hand deliv
_ - -' section(1),at the option of the code enforcement board, er or mail notice as provided in subsection(1),together I
�,; notice may also be served by publication or with proof of publication or posting as provided in sub-
;: follows: posting,as section(2),shall be sufficient to show that the notice re-
- (a)1 quirements of this chapter have been met, without re-
. Such notice shall be published once during
'.: T • each week for 4 consecutive weeks (four publicatio card to whetherno or not the alleged violator actually re
_ being sufficient)in a newspaperceived such nonce.
of general circulation in ►w.bn._, , tl,��p , t,•c„ �.201., 3 eh 87.231
the county where the code enforcement board is locat- •N0"'—`0"'a'' '�
ed.'The newspaper shall meet such requirements as are
-,}, prescribed under chapter 50 for legal and official adver- 162.13 Provisions. of act supplemental—it is the
- :,„, t�sements. legislative intent of ss.162.01-162.12 to provide an addi-
` • 2. Proof of publication shall be made as provided in tional or supplemental means of obtaining compliance
ss. 50.041 and public. with local codes. Nothing contained in ss. t62.01-
y• ' ig
(b)1. If there rs no newspaper162.12 shall prohibit a local governingbodyfrom enforc
of general circulation its codes
in the county where the code enforcement board is lo- ,,,,r,._, „ a any7• other means.
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