HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 3B_1/31/1996 I
ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF
ORDINANCES AT ARTICLE IV, BOARDS AND
COMMISSIONS, BY RESCINDING DIVISION 2, CODE
ENFORCEMENT BOARD, IN ITS ENTIRETY; PROVIDING
A NEW CHAPTER 2, ARTICLE IV, DIVISION 2, TO BE
ENTITLED CODES ENFORCEMENT; PROVIDING FOR A
SPECIAL MASTER SYSTEM OF CODE ENFORCEMENT;
ALTERNATIVE CODE ENFORCEMENT PROCEDURES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 2 of the Code of Ordinances of the
Village of Tequesta relating to Administration is hereby amended at
Article IV, Boards and Commission, by rescinding Division 2, Code
Enforcement Board, in its entirety.
Section 2 . Chapter 2 of the Code of Ordinances of the
Village of Tequesta relating to Administration is hereby amended at
Article IV, Boards and Commissions, by creating a new Division 2,
entitled Codes Enforcement, to read as follows:
"ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 2. CODES ENFORCEMENT
Sec. 2-91. Title.
This article may be known and cited as the "Codes
Enforcement Ordinance of the Village of Tequesta,
Florida. "
Sec. 2-92. Special Master; Term.
(a) There is hereby established a Special Master
who shall be designated by the Village Council of the
Village of Tequesta.
(b) The Special Master shall be appointed for a
term of two (2) years.
(c) The Special Master shall be an attorney and a
member of the Florida Bar.
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(d) The Special Master shall be removed from office
by the Village Council upon the filing of written charges
and after public hearing.
(e) The Special Master shall preside over code
enforcement matters once a month, or more often if
necessary.
(f) Minutes shall be maintained at all hearing
presided over by the Special Master; all hearings shall
be open to the public. The Village shall provide
clerical and administrative personnel as may be required
by the Special Master for the proper performance of
his/her duties.
(g) The Village Attorney or his/her designee shall
represent the Village by presenting cases before the
Special Master.
Sec. 2-93. Jurisdiction.
The Special Master shall have the jurisdiction and
authority to hear and decide any alleged violations of
the following chapters of the codes and ordinances of the
Village as the same may be amended from time to time:
(1) Chapter 2 .5, Alarms;
(2) Chapter 6, Buildings and Building Regulations;
(3) Chapter 7, Community Appearance Board;
(4) Chapter 9, Fire Protection and Prevention;
(5) Chapter 10, Health and Sanitation
(6) Chapter 11, Licenses;
(7) Chapter 12, Noise;
(8) Chapter 16, Signs, Billboards, Etc. ;
(9) Appendix A, Zoning;
(10) Appendix B, Subdivisions
The jurisdiction of the Special Master shall not be
exclusive. Any alleged violation of any of the aforesaid
codes and ordinances may be pursued by appropriate remedy
in the court at the option of the administrative official
bearing responsibility for enforcement of that respective
code or ordinance.
Sec. 2-94. Procedure; hearings.
(a) An alleged violation of the codes or ordinances
listed in Section 2-93 above shall be filed with the
Special Master by the administrative official, or his/or
designee who bears the responsibility for enforcement of
that respective code or ordinance. If a violation of a
code or ordinance is believed to have occurred or to
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exist, the official, or his/her designee, shall notify
the violation(s) -respondent and give said respondent a
reasonable time to correct the violation. Should the
violation continue beyond the time specified for
correction, the administrative official or his/her
designee shall notify the Special Master of the name(s)
and address(es) of the respondent(s) , the code
provision(s) involved, and provide a short factual
statement which forms the basis for the belief that a
violation exists. The Special Master, through his/her
clerical staff, shall schedule a hearing and shall give
written notice thereof, to the respondent(s) by hand
delivery or by mail, as provided in Section 2.97 of this
code. At the option of the Special Master notice may
additionally be served by publication or posting as
provided in Section 2.97 of this code. If the violation
is corrected and then recurs, or if the violation is not
corrected by the time specified for correction by the
code inspector, the case may be presented to the Special
Master even if the violation has been corrected prior to
the hearing, and the notice shall so state. If the code
inspector has reason to believe a violation or the
condition causing the violation presents a serious threat
to the public health, safety and welfare, or if the
violation is irreparable or irreversible in nature, the
code inspector shall make a reasonable effort to notify
the respondent and may immediately notify the Special
Master and request a hearing.
A repeat violation is defined as a violation of a
provision of a code or ordinance by a person whom the
code enforcement board or Special Master has previously
found to have violated the same provision five (5) years
prior to the violation. If a repeat violation is found,
the code inspector shall notify the violator, but is not
required to give the violator a reasonable time to
correct the violation. The code inspector, upon
notifying the violator of a repeat violation, shall
notify the Special Master and request a hearing. The
Special Master, through his/her clerical staff, shall
schedule a hearing and shall provide notice pursuant to
Section 2.97 of this code. The case may be presented to
the Special Master even if the repeat violation has been
corrected prior to the hearing and the notice shall so
state.
(b) At the hearing, the burden of proof shall be
upon the Village to show by substantial competent
evidence, that a violation did occur or does exist, or
has been repeated. Assuming proper notice of hearing has
been given to the respondent, either as actual notice or
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as provided herein, a hearing may proceed in the absence
of the respondent.
(c) All testimony shall be under oath and shall be
recorded. The formal rules of evidence shall not apply.
Irrelevant, immaterial and unduly repetitious evidence of
a type commonly relied upon by reasonable prudent persons
in the conduct of their affairs shall be admissible,
whether or not such evidence would be admissible at a
trial in the courts of Florida. Documentary and physical
evidence may be admitted.
(d) The Special Master may inquire of any witness
who is testifying before him/her. The respondent, or his
attorney and the village attorney and his/her designee
shall be permitted to inquire of any witness before the
Special Master. The Special Master may call any witness
deemed necessary to provide a full and fair hearing of
the case.
(e) At the conclusion of the hearing, the Special
Master shall issue findings of fact based on evidence on
the record and conclusions of law, and shall issue an
order affording the proper relief consistent with the
powers granted herein. The order shall be stated orally
at the meeting, and shall be reduced to writing and
mailed to the alleged violator within ten (10) working
days after the hearing. The order may include a notice
that it must be complied with by a specified date and
that a fine, as well as the cost of repairs may be
imposed if the order is not complied with by said date.
The order may include a notice that it must be complied
with by a specified date and that a fine may be imposed
if the order is not complied with by said date. A
certified copy of such order may be recorded in the
public records of the county and shall constitute notice
to any subsequent purchasers, successors in interest, or
assigns if the violation concerns real property, and the
findings therein shall be binding upon the violator and,
if the violation concerns real property, any subsequent
purchasers or successors in interest or assigns.
Seo. 2-95. Powers.
The Special Master shall have the power to:
(1) Adopt rules for the conduct of his/her
meetings and hearings.
(2) Subpoena alleged violators and witnesses to
his/her hearings..
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(3) Subpoena evidence as necessary for his/her
hearings, including, but not limited to
physical and documentary evidence such as
records, surveys, plats and photographs.
(4) Take testimony under oath.
(5) Issue orders having the force and effect of
law which can command whatever steps are
necessary to bring a violation into
compliance, said decision to be made at the
hearing and reduced to writing and mailed to
the respondent(s) within ten (10) working days
thereafter.
(6) Establish and enforce fines pursuant to
Section 2-96 herein.
(7) Authorize the Village Attorney to foreclose on
liens imposed pursuant to Section 2-96 which
remain unpaid after a period of three (3)
months.
(8) Authorize the reduction of any fine he/she has
imposed.
Sec. 2-96. Penalties.
(a) The Special Master may order a respondent to
pay a fine not to exceed two hundred fifty dollars
($250.00) per day that any violation continues past the
date set by the Special Master's order for compliance; or
in the case of a repeat violation a fine of up to five
hundred dollars ($500.00) per day for each day the repeat
violation continues, beginning with the date the repeat
violation is found to have occurred by the code
inspector. In addition, if the Village prevails in
prosecuting a case before the Special Master, it shall be
entitled to recover all costs incurred in prosecuting the
case before the Special Master. Moreover, if the Special
Master finds that the violation is one that presents a
serious threat to the public health, safety and welfare,
or if the violation is irreparable or irreversible in
nature, the Special Master shall inform the Village who
may then make all reasonable repairs which are required
to bring the property into compliance and charge the
violator with the reasonable cost of repairs along with
the fine imposed pursuant to this section.
In determining the amount of the fine, if any, the
Special Master shall consider the gravity of the
violation, any actions taken by the violator to correct
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the violation, and any previous violations committed by
the violator. A certified copy of an order imposing a
fine may be recorded in the public records in the office
of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, and once recorded, shall constitute lien
against the land on which the violation exists, and upon
any other real personal property owned by the violator.
Upon petition to the Circuit Court such order may be
enforced in the same manner as a court judgment by the
sheriffs of the state, including a levy against the
personal property, but such order shall not be deemed
otherwise to be a judgment of a court, except for
enforcement purposes. A fine imposed pursuant to this
section shall continue to accrue until the violator comes
into compliance or until a judgment is rendered in a suit
to foreclose on a lien filed pursuant to this section,
whichever occurs first. A lien arising from a fine
pursuant to this section runs in favor of the Village and
the Village may execute a satisfaction or release of lien
entered pursuant to this section.
(b) After three (3) months from the filing of any
such lien which remains unpaid, the Village may foreclose
the lien in the same manner as mortgage liens are
foreclosed, together interest, costs and a reasonable
attorney's fee. The Village shall be entitled to collect
all costs incurred in recording and satisfying a valid
lien. Such lien shall be superior to all other liens
except a lien for taxes, and shall bear interest at the
rate of ten (10) percent per annum from the date filed.
Sec. 2-97. Notices.
(a) All notices required by this section shall be
provided to the alleged violator by certified mail,
return receipt requested, or by and delivery by the
sheriff or other law enforcement officer, code inspector,
or other person designated by the local governing body,
or by leaving the notice at the violator's usual place of
residence with any person residing therein who is above
fifteen (15) years of age and informing such person of
the contents of the notice.
(b) In addition to providing notice as set forth in
this section, at the option of the Special Master; notice
may also be served by publication, as follows:
(1) Such notice shall be published once during
each week for four (4) consecutive weeks (four .
(4) publications being sufficient) in a ��
newspaper of general circulation in Palm Beach
County, Florida. The newspaper shall meet
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such requirements as are prescribed under
Chapter 50, Florida Statutes, for legal and
official advertisements.
(2) Proof of publication shall be made as provided
in Sections 50. 041 and 50. 051, Florida
Statutes.
(3) In lieu of publication as described in
paragraph (b) , such notice may be posted for
at least ten (10) days in at least two (2)
locations, one (1) of which shall be the
property upon which the violation is alleged
to exist and the other of which shall be at
village, hall.
(c) 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 this
section.
(d) Evidence that an attempt has been made to hand
deliver or mail notice as provided in this section,
together with proof of publication as provide din this
section 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.
Sec. 2-98. Appeal.
Any aggrieved party, including the Village of Tequesta,
may appeal a ruling or order a Special Master to the
circuit court of Palm Beach County, Florida. Such appeal
shall not be a hearing de novo, but shall be limited to
appellate review of the record created before the board.
The appeal must be filed within thirty (30) days after
the hearing at which the order being appealed was
announced. The Special Master shall establish reasonable
charges for the preparation of the record to be paid by
the petitioner.
Sec. 2-99. Authorization of village attorney to
foreclose liens imposed pursuant to
Section 2-96.
The village attorney is hereby authorized and directed
to institute in the Circuit Court of the Fifteenth
Judicial Circuit, State of Florida, foreclosure
proceedings to foreclose any and all liens imposed
pursuant to Section 2-96 of the Code of the Village of
Tequesta. Such proceedings shall be commenced by the
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village attorney from three (3) months to twenty (20)
years, after the order of the Special Master imposing the
lien has been recorded in the public records of Palm
Beach county, Florida.
Sec. 2-100. Procedure to request that a fine or lien
imposed pursuant to Section 2-96 be
reduced; conditions and criteria
therefor.
(a) The owner of real property against which a fine
or lien has been imposed pursuant to Section 2-96 may
apply to the Special Master, through the village attorney
or his/her designee, for a satisfaction of said fine or
lien with less than full ' payment thereof. No such
application shall be considered by the Special Master
until the applicant has first shown that:
(1) All ad valorem property taxes, special
assessments, village utility charges and other
government-imposed liens against the subject
real property have been paid.
(2) The applicant is not personally indebted to
the Village of Tequesta for any reason.
(3) All village code violations have been
corrected under necessary permits issued
therefor.
(b) In considering an application to reduce a fine
or lien imposed pursuant to Section 2-96, no satisfaction
thereof, shall be approved by the Special Master with
less than full payment thereof, unless the Special Master
shall make a specific finding that no violation of any
ordinance described in Section 2-93 of this Code exists
on the subject real property.
(c) The balance of any fine or lien imposed
pursuant to Section 2-96 that is reduced by the Special
Master shall be paid on such terms as approved by the.
Special Master.
(d) If the property for which an application for a
fine reduction is being considered is owned by a
government or quasi-government entity, the Special Master
may reduce such fine even if the violation has not been
corrected.
Sec. 2-101. Alternate code enforcement procedures.
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(a) An employee of the village who is duly
authorized by the village manager and responsible for the
enforcement of said ordinances, hereinafter referred to
as a "code enforcement officer, " may issue a citation to
a person to appear in county court when the code
enforcement officer upon personal investigation has
reasonable cause to believe that the person has committed
a civil infraction. Employees who may be designated as
code enforcement officers may include but are not limited
to, code inspectors, law enforcement officers, public
works inspectors, fire safety inspectors, and zoning
inspectors.
(b) Prior to issuing a citation, the code
enforcement officer shall provide notice that the person
has committed a violation of a village ordinance and
shall establish a reasonable period, not to exceed thirty
(30) days, within which the person must correct the
violation. If, upon personal investigation, the code
enforcement officer finds that the person has not
corrected the violation within the time period, the code
enforcement officer may issue a citation to the person
who committed the violation. A code enforcement officer
does not have to provide the person with a reasonable
time period to correct he violation prior to issuing a
citation and may immediately issue a citation if a repeat
violation is found. If the code enforcement officer has
reason to believe the violation presents a serious threat
to the public health, safety, or welfare or if the
violation is irreparable or irreversible, the code
enforcement officer does not have to provide a reasonable
time period to correct the violation prior to issuing a
citation.
(c) The form of the citation shall contain the
following:
(1) The date and time issued.
(2) The name and address of the person to whom the
citation is issued.
(3) The date and time the civil infraction was
committed.
(4) The facts constituting reasonable cause
(5) The number and section of the code or
ordinance violated.
(6) The name and authority of the code enforcement
officer.
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(7) The procedure for the person to follow in
order to pay the civil penalty or to contest
the citation.
(8) The applicable civil penalty if a person
elects to contest the citation.
(9) The applicable civil penalty if a person
elects not to contest the citation.
(10) A conspicuous statement that if a person fails
to pay the civil penalty within the time
allowed, or fails to appear in court to
contest the citation, he shall be deemed to
have waived his right to contest the citation
and that, in such case, judgment may be
entered against the person for an amount up to
the maximum civil penalty.
(d) A person who receives a citation from a code
enforcement officer for a violation of a village
ordinance and who elects not to contest the citation
shall be subject to a civil penalty in accordance with
the following schedule:
(1) For a Class I violation, by a fine of fifty
dollars ($50. 00) plus court costs.
(2) For a Class II violation, a fine of seventy-
five dollars ($75. 00) plus court costs.
(3) For a Class III violation, by a fine of one
hundred twenty-five dollars ($125. 00) plus
court costs.
(4) For a Class IV violation, by a fine of two
hundred fifty dollars ($250. 00) plus court
costs.
(e) The following chapters and provisions of the
village code shall be subject to the penalties set forth
in section (d) above based on the class of violation
provided.
Class I Offense, fine amount $ 50. 00
Section 2.5-13 - Alarm Permit Required
X Section 2-81 - Code Enforcement
Section 3-1 - Hours of Operation, Alcoholic Beverage
Sales
Section 3-2 (a) - Public Drinking Prohibited
Section 4-1(b) - Bird Sanctuary
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Section 4-2 (A) - Depositing Excreta
Section 4-17 - Running at large prohibited
Section 4-18 - No Rabies Tag
Section 4-19 - Impounding Dogs
Section 5-2 - Prohibit Motor Vehicles on Beaches
Section 6-1 - Limitation on Work on Buildings
Section 6-2 - Numbering Houses, Etc.
Section 6-3 - Blowing Dust/Sand
Section 9-5 - Adopting Fire Prevention/Protection Codes
Section 9-7 - Fire Protection Prevention Fees
Section 10-17 - Excessive Accumulation of Weeds/Plabtfe
Section 10-18 - Unlawful Growth Enumerated
Section 10-26 - Overhanging Branches/Limbs
Section 10-40 - Littering Prohibited
Section 10-41 - Florida Litter Law
Section 10-46 - Dumping Unlawful
Section 10-48 - Responsibility of Property Owner Debris
Section 10-53 - Land Clearing and Construction Debris
Section 10-56 - Recycling Bins and Containers
- Section 10-66 - Toxic and Hazardous SubstancesMandrials
y Ordinance
Section 10-72 , 73 - Composting
Section 11. 5-12 - No Thru Trucks
- Section 11. 5-20 - Local Parking Violations
.Section 11. 5-21 - Parking on Swale Prohibited, What and
Where
/Section 11-25 - Occupational License Required
Section 12-1 - Noise Prohibited
✓Section 13 . 1-79 - Restrictions on sprinkling
Section 13-2 - Soliciting
Section 13-3 - Obscene Material
Section 13-6 - Disturbance of Worship
Section 13-11 - Landing Aircraft/Skydiving/Parachuting
in Village Prohibited
Section 13-12 - Jumping/Diving from Bridge Prohibited
Section 13-14 - Unlawful Discharge of Weapon
Section 13-15 - Trespass/Sleeping on Public or Private
Property
Section 13-30 - Lost/Recovered Property
Section 13-31(a) - Abandoned/Wrecked Vehicles/Machinery
Prohibited
Section 13-42 - Hitchhiking Prohibited
Section 15-2 - Railroad Regulation
Section 18-22 - Conservation in Emergency Situations
Appendix A - Zoning, et al
Section VIII(A) (3) - Off Street Parking, Loading
Section X - Zoning, Sec. X, Supp Regs
Section X(A) (c) - Zoning, Sec. X, Supp Regs, Walks and
Fences
Section X(A) (d) - Zoning, Sec. X, Supp Regs, Patio and
Porch Railings
Section X(B) - Section X, Supp Regs, Odor, Sae$epuNb4se
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'Section X(D) (3) - Garage Sales and Outdoor Sales
Section X(K) - Trailers
Section X-L(1) - Appendix A - Zoning
Section X-L(2) - Recreation, Commercial Vehicle Parking
Section X-L(3) - R-1A Zone Parking Restrictions
Section XII (0-5) - Cars For Sale"
Section XII (O-6) - Sign Regulations
Class II Offense, fine amount $ 75. 00
Section 10-68 - Disposal of Toxic and HazardoSabstances
Section 13-43 - Land Development Permit
Class III Offense, fine amount $125. 00
-Section 14-16 - Environmentally Sensitive Land
-Section 14-46 - Coastal Protection
Section 14-61 - Mangrove Protection
Section 14-76 - Wellfield Protection
Sect�i9nd(H) 14 (3) - Landscaping, Prohibited
,Section X(E) - Swimming Pool Regulations
Class IV Offense, fine amount $250. 00
Repeat Violations. All persons who have previously been
cited under this section for the same provision of the
Code and have been adjudicated to be in violation.
(f) Any person who fails to pay appropriate civil
penalty within the time period allowed, or who fails to
appear in county court to contest the citation, shall be
deemed to have waived his right to contest the citation,
and judgment may be entered against the person in an
amount not to exceed five hundred dollars ($500. 00) .
(g) The provisions of this section shall not apply
to the enforcement pursuant to Sections 553 .79 and
553.80, Florida Statutes, of building codes adopted
pursuant to Section 553 .73, Florida Statutes, as they
apply to construction, provided that a building permit is
either not required or has been issued by the village.
For purposes of this subsection, "building codes" means
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only those codes adopted pursuant to Section 553 .73 ,
Florida Statutes.
(h) . The provisions of this section are additional
and supplemental means of enforcing village codes or
ordinances. Nothing contained in this section shall
prohibit the village from enforcing its codes or
ordinances by any other means.
(I) In addition to the penalties hereinabove
provided, any condition caused or permitted to exist in
violation of any of the provisions of this code or any
ordinance shall be deemed a. public nuisance and may be,
by the village, abated as provided by law, and each day
that such conditions continues shall be regarded as a new
and separate offense. "
Section 3 . Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of
this Ordinance which can be given effect without the invalid
provisions or applications, and to this end, the provisions of this
Ordinance are hereby declared severable.
Section 4 . Repeal of Ordinances in Conflict. All other
ordinances of the Village of Tequesta, Florida, or parts thereof
which conflict with this or any part of this Ordinance are hereby
repealed.
Section 5. Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
Section 6. 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
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was seconded by Councilmember and upon
being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this day of , 1995.
MAYOR OF TEQUESTA
Ron T. Mackail
ATTEST:
Village Clerk
JCR\13153ORD\SPECIALM
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ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA AMENDING CHAPTER 6, BUILDINGS AND BUILDING
REGULATIONS, AT ARTICLE II, BUILDINGS, BY PROVIDING THAT
ALL EXISTING SECTIONS OF THIS ARTICLE BE INCLUDED UNDER
DIVISION 1 TO BE ENTITLED "STANDARD BUILDING CODE;"
PROVIDING FOR AN ENTIRELY NEW DIVISION 2 WHICH SHALL BE
ENTITLED "MINIMUM PROPERTY STANDARDS" WHICH SHALL INCLUDE
DEFINITIONS, MAINTENANCE AND APPEARANCE STANDARDS FOR ALL
STRUCTURES, CURBSIDE PLACEMENT OF REFUSE AND/OR RECYCLING
CONTAINERS, RESPONSIBILITIES OF OWNERS AND OPERATORS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Village Council of the Village of Tequesta
desires to establish uniform minimum standards for color, paint and
landscaping of occupancies and maintenance of dwelling units as
well as other structures within the Village corporate limits in
order to eliminate blighting influences; and
WHEREAS, the Village Council believes that the adoption or
minimum color, paint and landscape standards will assist in
preserving the quality of life within the Village and will be in
the best interests of the citizens of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, that:
SECTION 1. Chapter 6, Buildings and Building Regulations,
of the Code of Ordinances of the Village of Tequesta is hereby
amended at Article II, Buildings, by including the existing section
under the heading "Division 1" which shall be entitled "Standard
Building Code".
SECTION 2 . Chapter 6, Buildings and Building Regulations,
of the Code of Ordinances of the Village of Tequesta is hereby
amended at Article II, Buildings, by the adoption of an entirely
new Division 2 which shall be entitled "Minimum Property Standards"
and which shall read as follows:
"Division 2. MINIMUM PROPERTY STANDARDS
Sec. 6-30. Purpose and Scope.
The purpose of this code is to establish uniform minimum
standards for the occupancy and maintenance of dwellings
and other structures located in the Village of Tequesta.
The objective of these codes is to improve, preserve and
maintain the buildings and structures of the Village and
to eliminate blighting influences wherever possible.
Every building or structure in the Village that is
subject to the provisions of this code shall conform to
the requirements of this code regardless of when the
building or structure may have been constructed., altered
or repaired. This code does not replace or modify
standards of other codes or ordinances regulating the
construction, replacement or repair of buildings or
unsafe structures, but shall operate in conjunction with
the Standard Building Codes and all other technical codes
as adopted by ordinance.
Sec. 6-31. Definitions.
The following definitions shall apply in the
interpretations and enforcement of this Division:
1. Accessory Structure - see definition as set forth in
Appendix A, Section IV, of the Code of Ordinances.
2. Building - see definition as set forth in Appendix
A, Section IV, of the Code of Ordinances.
3. Blighting influence - any physical condition of
property maintenance which directly or indirectly causes
a reduction in the value of surrounding properties.
4. Deficiency - a condition of deterioration that is
not in violation of this code; however, such condition
can be expected to become a violation within a short
period of time.
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5. Deterioration - the condition or appearance of a
building, or parts thereof, characterized by holes,
breaks, rot, crumbling, cracking, peeling, rusting or
other evidence of physical decay, neglect or lack of
maintenance.
6. Dilapidated - a condition of structural disrepair or
deterioration to the extent requiring rehabilitation,
reconstruction or demolition.
7 . Director - the Department Head of the Department
supervising the Village of Tequesta's Code Enforcement
Division, or his authorized agent, charged with enforcing
code regulations.
8. Dwelling - any building which is wholly or partially
used or intended to be used for living, sleeping,
cooking, eating, and sanitation, providing that temporary
housing as hereinafter defined shall not be regarded as
a dwelling.
9 . Dwelling unit - see definition as set forth in
Appendix A, Section IV, of the Code of Ordinances.
10. Good state of repair - structure which is safe and
habitable for its ordinary and intended use; the
materials used therein or any fixture related thereto
must be sound, stable and performing the function for
which intended.
11. Infestation - the presence of insects, rodents,
vermin or other pests.
12 . Landscape - see definition of "landscaping" as set
forth in Appendix A, Section IV, of the Code of
Ordinances.
13 . Occupant - any person living, sleeping, cooking,
eating in or having actual possession of a dwelling,
dwelling unit, hotel unit, rooming unit.
14 . Operator - any person who has charge, care or
control of a building or structure, or part thereof,
which is subject to this code.
15. Owner - any person who alone or jointly has legal
title to any building or structure, or part thereof,
which is subject to this code.
16. Person - any individual, firm, corporation,
association, partnership, or other legal entity.
3
17. Plumbing - includes all of the following supplied
facilities and equipment: gas pipes, gas-burning
equipment, water pipes, garbage disposal unit, waste
pipes, water closets, sinks, installed dishwashers,
lavatories, bathtubs, shower baths, installed clothes
washing machine, catch basins, drains, vents and any
other similar supplied fixtures, together with all
connections to water, sewer or gas lines and water pipes
and line utilized in conjunction with air-conditioning
equipment.
18. Structure - a combination of materials, whether
fixed or portable, forming a construction, including but
not limited to, all buildings, dwellings, pools, fences,
and enclosures.
Sec. 6-32 . Maintenance and appearance standards for
all structures.
A. The owner and operator of all real properties within
the Village shall maintain the exterior of the premises
in such a manner to conform with all Village codes and
ordinances, to avoid blighting influences on neighboring
properties, and to avoid the creation of hazards to
public health, safety and welfare. Properties shall be
maintained in accordance with the following standards:
1. The exterior of all premises and every
structure thereon, including all parts of the
structure and appurtenances where exposed to public
view, shall be maintained in good condition and
shall not show evidence of deterioration,
weathering, discoloration, ripping, tearing or
other holes or breaks. All screened enclosures
shall be properly fitted and maintained. All other
surfaces shall be maintained free of broken glass,
crumbling stone, brick or stucco, excessive peeling
paint or other conditions reflective of
deterioration or inadequate maintenance.
2. All surfaces requiring paint or which are
otherwise protected from the elements shall be kept
painted or protected for purposes of preservation
and appearance. Painted surfaces shall be
maintained free of graffiti and with uniform and
consistent colors, void of any evidence of
deterioration.
B. Property failing to meet the standards in Paragraph
A will be considered "deficient. " A blighting influence
on the surrounding neighborhood in violation of this code
exists when a deficiency or combination of deficiencies
4
represents more than twenty five percent (25%) of the
area of any wall or roof or paved surface as viewed from
any single vantage point off the property.
C. Except as herein provided, the entire yard where
exposed to public view must be landscaped or sodded.
Height shall conform with all applicable Village
ordinances. Play areas, gardens, flower beds, driveways,
walks, etc. , not intended to have vegetative cover should
be clearly defined and maintained free of uncultivated
growth. Yards not utilizing vegetative cover must
utilize a material that meets all Village codes, and such
material must be maintained free of uncultivated growth.
All landscaped areas within the Village shall be
maintained to keep all landscaping alive and in its
living condition. Property not meeting these standards
will be considered deficient. A blighting influence on
the surrounding neighborhood in violation of this section
will exist if more than thirty-three percent (33%) of the
yard area visible from any single vantage point off the
property is deficient.
Sec. 6-33 . Curbside Placement of Refuse and/or
Recycling Containers.
Refuse placed for collection by a property owner,
occupant or agent shall be in compliance with the
regulations hereinafter set forth:
1. Containers may be placed out at curbside in
the public right-of-way adjacent to the property
from which it came, not more than one (1) day prior
to the scheduled day of collection.
2 . Containers must be stored from public view by
midnight on the scheduled day of collection.
3. Refuse and/or containers placed for collection
shall not obstruct the sidewalk or create an unsafe
condition as determined by the chief of police.
Sec. 6-34. Responsibilities of Owners and Operators.
The owner of a structure shall be responsible for
maintaining the minimum standards required by this
chapter. Specifically, the owner and or operator is
responsible:
1. For keeping all parts of the premises under
his control in a clean and safe condition, and
preventing any acts which would render other parts
of the premises unclean, unsanitary or unsafe or
5
which would obstruct the owner/operator from
performing any duty required by this chapter.
2. For eliminating infestation of pests in and on
the premises subject to his control.
3. For maintaining all plumbing fixtures in a
clean and sanitary condition and preventing the
deposit of any material in any fixture, sewer or
drainage structure or system which would result in
stoppage of or damage to the fixture, sewer system,
drainage system and/or the environment."
SECTION 3 . Each and every other provision of Chapter 6,
Buildings and Building Regulations, of the Code of Ordinances of
the Village of Tequesta shall remain in full force and effect as
previously enacted.
Section 4 . Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of
this Ordinance which can be given effect without the invalid
provisions or applications, and to this end, the provisions of this
Ordinance are hereby declared severable.
section 5. Repeal of Ordinances in Conflict. All other
ordinances of the Village of Tequesta, Florida, or parts thereof
which conflict with this or any part of this Ordinance are hereby
repealed.
section 6. Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
6
if
Section 7 . 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 and upon
being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this day of , 1995.
MAYOR OF TEQUESTA
Ron T. Mackail
ATTEST:
Village Clerk
JCR\131S3ORD\MINIMUM.ORD
7
-� ;� TEQUESTA POLICE DEPARTMENT
) '.' i`( . 357 Tequesta Drive
l 0 Post Office Box 3273
Tequesta, Florida 33469-0273 CARL R. RODERICK
r•'¢='a • Phone: (407) 575-6210 Chief of Police
MEMORANDUM
TO: Mr . Thomas G. Bradford, Village Manager
FROM: Richard F. Davis, Code Enforcement Officer
DATE: January 23, 1996
SUBJECT : An Efficient and Effective Code Enforcement System
A. Code Enforcement Board vrs Special Master Hearing
1. Code Enforcment board Authority from FSS 162.05
. Requires a preperation package containing:
. Memorandum (minimum one week notice)
. Notice of meeting CEB ( 3 copies to press )
. Code enforcement board agenda
. Public hearing cases
. Notice of hearing (violators )
. Case preperations, evidence, photos, etc.
. Order from the board after a decision rendered ( 10 days )
2. Special Master Hearing Authority from FSS 162.21
. Requires a preperation package containing:
. Memorandum (minimum one week notice)
. Notice of meeting Special Master (3 copies to press )
. Special Master agenda (court docket)
. Citations (cases )
. Order from special master after decision rendered ( 10 days )
3. Code Enforcment Board - positive and negative aspects
. The board is no.t a budgeted item (volunteers )
. The village attorney must be present (budgeted item)
. Recording secretary must be present (budgeted item)
* Prior notification before a board appearance
* Decisions rendered at the next upcoming meeting
. Requires an emormous amount of preperation
. Requires a strong leadership role
. Requires a group of seven ( 7 ) people to render a decision
on a fellow citizen, fairly and un-biased
. Concern as to whether decisions rendered are legal/proper
. Board renders a verbal ruling which many times is very
confusing
PAGE 2
4. Special Master Hearing. - positive and negative aspects
w of . The master is a budgeted item
. The code enforcement officer can represent the village
Florida Bar certified attorney
��. Strong leadership role
. Decisions will be legal and proper ( less chance of appeal )
. Orders written out by master, no confusion as to decision
* Requires no advance notification
* No time delay on decision (no waiting for next hearing)
▪ Working knowledge of court proceedings
. The demeanor and bearing of the master will lend an
atmosphere of credibility to the proceedings
5. Options
. Code enforcement board
. Code enforcement board with citations
. Special master hearing with citations
Having been appointed to the position of the Village Code
Enforcement Officer and having been working in that capacity for
the previous eighteen ( 18) months, I would like to make the
following observations :
The cost factor concerning the two systems is not an issue, as
which ever way you proceed, there will be a cost .
98 % of all of the cases that the police department initiate are
solved with compliance .
For those 2 % that are a problem (refuse compliance) we require a
system which works with a goal towards gaining compliance and if
not, a system that will deal with the violation but protects the
Village from any litigation because of a lack of understanding and
knowledge by that system that is representing you.
I 've felt from the beginning that a Special Master along with a
citation system is the only way to proceed if we truly desire an
enforcement procedure that will be credible and that the citizens
will respect. For every individual who claims that there are enough
rules, there are fifteen (15) other individuals who desire a
stronger code enforcment function. Having spoken many times to the
Lantana code enforcement officers, their town attorney, and also
their Special Master (I have personally interviewed her ) I 'm even
now more convinced that this is the ONLY WAY for the Village to
proceed.
PAGE 3
Also, I would like to make you aware that I am presently working
towards the goal of certification for Level III code enforcement,
and as such, will be attending another six ( 6 ) hours of classes
in February. These classes will include a two ( 2) hour Mock
Citation Board Hearing. This class may give me knowledge that I
do not currently possess . I would prefer to move slowly on the code
enforcment matter, rather than make a mistake which could result in
an entirely different view after attending this next set of
classes .
•
attachements : Copy of Lantana Notice of Hearing (Citation)
Code Enforcment Board package
NOTICE OF HEARING (§14-6-e ) . dor
• CODE CITATION CASE#
County of/City of — 0 City Ordinance IF THE VIOLATION 1S CORRECTED AND
i 0 County Code
„-,___- .._ _„ I• - ,_ -_. . RECURS OR IS NOT CORRECTED BY
The undersigned certified that he/she had just and reasonable grounds to THE TIME SPECIFIED FOR CORRECTION
believe,and does belaYel on:
Day of week Month Day I Year . Time 1 A.M. f 1 BY THE CODE INSPECTOR, THE'CASE
_.___�__ ._ I ___I__.F_L 0.. MAY BE PRESENTED TO THE BOARD OR
Narne(Print) •
First M.I. Last SPECIAL MASTER EVEN IF THE
Street - -- ^_' VIOLATION HAS BEEN CORRECTED
_
- -T-- PRIOR TO THE HEARING.
City Slate
Telephone Number 1 Date of Birth '• Race i Sex -• 1Height ANY FINE ASSESSED AGAINST YOU MAY
- iol i ._L- _. __.—�
V RESULT 1N A LIEN BEING RECORDED
ation Description
AGAINST ANY REAL OR PERSONAL
__— ____ .. .. _._. ._. __.._.._. PROPERTY YOU MAY OWN.
__ ... _ .. . .____— .._.. . . _._ THE CODE ENFORCEMENT BOARD OR
Code sectian+
SPECIAL MASTER IS EMPOWERED TO
Location of violation • UNItui,. I....-.. ; -iNE.-------- ASSESS A FINE AGAINST YOU OF UP TO
.. -- . ---- . .--- $250.00 PER DAY -- OR UP TO $500.00
PER DAY FOR A REPEAT VIOLATION IN
nip:up l� $2:,v(11 ;Nit:eay or up to$5tio.00 per day for repeal violation will be ACCORDANCE WITH CP.162,F.S.
l••seised by Cr,�i iai ma:,ikti iY Ccde Enforcement Board.I.:
I -";taiiu;,::f$ ;.;:1 pu:$unni tc.152,Fla.Stat. The violation f,^r wwr,ich you are
1!:h3,ged iii  civil intractien. Your signature oeinw does not constitute an IF A PERSON DECIDES TO APPEAL ANY
I.a°10.lissinrt of guilt hnwevet. wilful ref•;Sal to sign and accept this citation ;5 • DECISION MADE BY THE CODE •
,trlademeanor of the 2nd degree s pr.:Nit•eJ S.775.062 cr 755,083 Fla, StAL
You are hereby nottlied tr: par at t,i m W.. Council Chambers,Town of ENFORCEMENT BOARD OR THE
'Lantana 500 fireynolos Circle,La'1lans, Ft,at 7:0'3 p.m.on the_-. .. day SPECIAL MASTER AT THE HEARING,
;;t ___ __•_- ..... 13 •_at which iime your case will be heard. HE/SHE WILL NEED A RECORD OF THE
Faiiwci to an,p•SAr ini.'y rr's.:lt in an a*1l:,t:?Catri—:Ind time entered against you.
�-�- PROCEEDINGS AND FOR SUCH
I .. .__ ITOT':l57 57 ANCE .
�I3�.aT�=os ���n:,�i-' - f PURPOSE, HE/SHE MAY NEED TO
171LiE I A.M, INSURE THAT A VERBATIM RECORD OF
) I - P.M. THE PROCEEDING IS MADE WHICH
„tnE r — —.:--- RECORD INCLUDES THE TESTIMONY
i DAY I YEAR
:t,.FCI-Pt-; " • LAMM I I AND EVIDENCE UPON WHICH THE
I APPEAL IS TO BE BASED.
mu-iupirvrsoi$Otiii:9 YELLOW-Inuivfai:al PINK•Cuec Enforcement Officer
GOLDENROD-lown Artnmey
4 quo of I 5-1- CAP',
ourorr-
•
• TOTAL P.03
• TOWN OF LANTANA CODE ENFORCEMENT
318 South Dixie Hwy., Lantana, FL 33462-4594
_phone (407) 547-4602 THIS REVERSE SIDE ONLY PERTAINS ' TO
Notice of Violation Case No. VIOLATIONS OF LANTANA MINIMUM PROPERTY
ame STANDARDS AS MARKED BELOW:
ddress ❑ SOD THE SWALE
UBDIVISION ❑- SOD OR LANDSCAPE THE YARD •
LOT BLOCK ❑ DRIVEWAY REPAIR NEEDED
•
oatc ❑ OFF STREET PARKING MUST BE ON
Time 19 ASPHALT, CONCRETE OR BLOCK
A.M•PM.
IOLATION ❑ PAINTING OF HOUSE, OR OTHER BUILDINGS,
FENCES, WALLS, ETC. DUE TO
- -- -- - DETERIORATION
--- • - — -- -- ❑ PAINTING, ONLY ONE PRINCIPAL COLOR
ALLOWED
-- _ Section: ... .
CODE OF ORDINANCES•LANTANA ❑ WINDOW/SCREEN REPAIRS NEEDED
OU MAY CORRECT THE ABOVE VIOLATIONS)BY
AKING THE FOLLOWING ACTION: ❑ OTHER:
ou are hereby notified to correct the above violation(s),within
Hours
...._ Days from the date of service of this notice.
, at the expiration of this time,the same conditions exist,such further
ction will be taken as the law requires.
CODE ENFORCEMENT OFFICER
have read the above Notico of violation and Indicate by my signature that I
ive received this notice as owner,agent,or representative of the premises or
•m and/or occupant of the above premises.
•
•
2� PAC
TEQUESTA POLICE DEPARTMENT
357 Tequesta Drive
Post Office Box 3273
rAti1
Tequesta. Florida 33469-0273 CARL R. RODERICK
Phone: (407) 575-6210 Chief of Police
MEMORANDUM
TO: Members, Alternate Members, Code Enforcement Board
Village Manager
Village Attorney
Code Compliance Officer
FROM: Lieutenant S. J. Allison, Clerk of the BoardAdk
DATE: April 13, 1995
SUBJECT: Code Enforcement Board Meeting, May 02, 1995
Enclosed is a copy of the agenda for the referenced Code
Enforcement Board meeting.
Please advise me in advance if you are unable to attend this
meeting. Thank you.
Fouowhaa Pociside is AA)
CVO Pt.& or "IMP. PA pPea. Worr k w cat S r
DC ?Art e arto 'RDA A c DOE F, NI Fart,tE 1'►iSom00 • 7" Does
IJot / .) c cove G c '�'1Pr EO
4-€ t1 t 5 , iterow 46 Gtt r-
eut o &ices 6-rc,
'rPitts PAcw iN Aid 4/0041 ft-t spoir fie) D64 Li•Jd 0/77-1 A S 1410 re:liet€
r�v
L�l#o it Jv.5 I C `i PLY
TEQUESTA POLICE DEPARTMENT
357 Tequesta Drive
Post Office Box 3273
Tequesta, Florida 33469-0273 CARL R. RODERICK
Phone: (407) 575-6210 Chief of Police
NOTICE OF MEETING
CODE ENFORCEMENT BOARD
The Code Enforcement Board of the Village of Tequesta will hold a
meeting on May 02, 1995 , commencing at 7:30PM in the Village Hall
Council Chambers, 357 tequesta Drive, Tequesta, Florida.
PLEASE TAKE NOTICE AND BE ADVISED: "If any person decides to appeal
any decision made by this Board with respect to any matter
considered at this meeting or hearing, he/she will need a record of
the proceedings, and that, for such purpose, he/she may need to
insure that a verbatim record of the proceedings is made, which
record includes the testimony of the evidence upon which the appeal
is to be based".
Asst. Chief S. J. Allison 4
Clerk of the Board
cc: News Media
Posted: April 13, 1995
f! i TEQUESTA POLICE DEPARTMENT
° 357 Tequesta Drive
Post Office Box 3273
Tequesta, Florida 33469-0273 CARL R. RODERICK
Phone: (407) 575-6210 Chief of Police
CODE ENFORCEMENT BOARD
MEETING AGENDA
May 02, 1995
7: 30 p.m.
I . CALL TO ORDER AND ROLL CALL.
II . APPROVAL OF AGENDA.
III . APPROVAL OF PREVIOUS MEETING MINUTES.
Code Enforcement Board meeting of May 02, 1995
IV. SWEARING IN OF CODE COMPLIANCE OFFICER.
Do you swear or affirm that the testimony and evidence
you will present tonight is the truth, the whole truth,
and nothing but the truth.
V. PUBLIC HEARINGS:
CASE NO. 95-02 James P. & Katherine M. Mercak, 79 Yacht
Club Place, Tequesta, Fl .
VIOLATION Village of Tequesta, Code of Ordinances,
ORDINANCE NO. 464, SEC 3. Restricted
Parking. See EXHIBIT "A"
CASE NO. 95-03 Thomas & Shannon Dolan, 113 Fairview
East, Tequesta, Fl.
VIOLATION Village of Tequesta, Code of Ordinances,
ORDINANCE NO. 464, SEC 3. Restricted
Parking, see EXHIBIT "B"
CASE NO. 95-04 Steven D. & Lori M. Thomson, 10 Shay
Place, Tequesta, Fl
VIOLATION Village of Tequesta, Code of Ordinances,
ORDINANCE NO. 355, SEC X, (E) (5)
Swimming pool enclosure, see EXHIBIT "C"
VI . PRESENTATION OF NEW CASES TO SET FOR HEARING:
1) William D. Kennedy, 226 Fairway West, Violation of
Restricted Parking, Commercial vehicle, as required by
Ord 464 (3) .
2) Dilbert W. Ogden, 57 Golfview Drive, Violation of
Restricted Parking, as required by Ord 464 (3) .
3) Donald R. & Cheryl Hires, 326 Country Club Drive,
Violation of Restricted Parking, as required by Ord
464 ( 3) .
PAGE TWO
VII . UNFINISHED BUSINESS
Compliance of CASE NO. 95-01 WEIR/NOISE PROHIBITED.
VIII . OTHER MATTERS
IX. ADJOURNMENT.
"If any person decides to appeal any decision by this Board with
respect to any matter considered at this meeting or hearing, he/she
will need a record of the proceedings, and that, for such purpose,
he/she may need to insure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon
which appeal is to be based" .
Non-agenda Code Enforcement Board related items for
public comments are limited to three (3) minutes, please.
Anyone wishing to speak is asked to address the
Chairperson and state his/her name for the record prior
to addressing the board.
RFD/rfd
s TEQUESTA POLICE DEPARTMENT
pL4i9t e
357 Tequesta Drive
Post Office Box 3273
` �� Tequesta, Florida 33469-0273 CARL R. RODERICK
Phone: (407) 575-6210 Chief of Police
VILLAGE OF TEQUESTA
CODE ENFORCEMENT BOARD
MEETING MINUTES
MAY 2, 1995
I. The Code Enforcement Board of the Village of Tequesta held
a regularly scheduled meeting at the Village Hall, 357
Tequesta Drive, Tequesta, Florida, on Tuesday, May 2,
1995. The meeting was called to order at 7:30 P.M. by
Chairman William Treacy. A roll call was taken by Betty
Laur, the Recording Secretary. Boardmembers present were:
•
Chairman William Treacy, Vice Chairman Jeffrey Vorpagel,
James Humpage, Michele Delaney-Tumlin, Dr. Ernest Kuenon,
and Maureen Papp. Also in attendance were: Stephen J.
Allison, Clerk of the Board, Village Attorney John C.
Randolph, and Code Compliance Officer Richard F. Davis.
Paul Brienza was absent.
II. APPROVAL OF AGENDA
The agenda was approved as submitted.
III. APPROVAL OF PREVIOUS MEETING MINUTES (March 21, 1995)
Boardmember Michele Delaney-Tumlin moved that the Agenda
be approved as submitted. Boardmember James Humpage
seconded the motion. The vote on the motion was:
William Treacy - for
Jeffrey Vorpagel - for
James Humpage - for
Michele Delaney-Tumlin for
Ernest Kuonen - for
Maureen Papp - for
the motion was therefore passed and adopted and the Agenda
was approved as submitted.
TEQUESTA POLICE DEPARTMENT
357 Tequesta Drive
'; Post Office Box 3273
Tequesta, Florida 33469-0273 CARL R. RODERICK
Phone: (407) 575-6210 Chief of Police
NOTICE OF CODE VIOLATION
CASE NUMBER:
CERTIFIED RECEIPT NO. : P383 844 104
DATE: 02-21-95
TO: James P. and Katherine M. Mercak
79 Yacht Club Place
Tequesta, Fl 33469
PREMISES:
LEGAL DESCRIPTION: 60-42-40-26-01-000-5120
You are hereby notified that an inspection of the above premises
disclosed that you are in violation of the following Village of
Tequesta Code(s) , To-wit: TEQUESTA ORDINANCE $464, Sec 3,
Restricted Parking.
REQUIREMENTS FOR CORRECTION: See Sec 3 attached. This is your last
warning! Future violations will result in a Code Enforcement Board.
Therefore, you are hereby directed that, on or before the 27th day
of February, 1995, you are to correct said violation(s) and notify
the Code Compliance Officer that the violation(s) has been
corrected. . A follow-up inspection will be conducted on the 27th
day of February,1995.
THIS NOTICE OF CODE VIOLATION REQUIRES YOUR IMMEDIATE ATTENTION.
FAILURE TO MAKE THE ABOVE-STATED CORRECTIONS AND TO NOTIFY THIS
DEPARTMENT THEREOF WILL NECESSITATE IN CHARGES BEING BROUGHT
AGAINST YOU BEFORE THE VILLAGE OF TEQUESTA CODE ENFORCEMENT BOARD
WHICH HAS THE POWER TO LEVY FINES OF UP TO $250.00 PER DAY FOR
EVERY DAY THAT YOU REMAIN IN VIOLATION.
BYR,SLIL AC \<`_
Richard F. Davis, Code Compliance Officer
f'`." TEQUESTA POLICE DEPARTMENT
357 Tequesta Drive
e , Post Office Box 3273
��.�� Tequesta, Florida 33469-0273 CARL R. RODERICK
Phone: (407) 575-6210 Chief of Police
•
April 13, 1995
HAND DELIVERED
Thomas & Shannon Dolan
113 Fairview East
Tequesta, Fl 33469
Dear Mr . Dolan
SUBJECT: CODE ENFORCEMENT BOARD - NOTICE OF HEARING
CASE NO. 95-03: 113 FAIRVIEW EAST, TEQUESTA, FL
The Code Enforcement Board was created pursuant to Chapter 162,
Florida Statutes ( 1982 Sup. ) , and Ordinance 376, as amended, of the
Village of Tequesta. The purpose of this Board is to facilitate the
enforcement of certain codes of the Village of Tequesta by creating
a Board of seven (7) citizens who may act quickly, and fairly
render decisions concerning violations of these codes .
You are hereby formally notified that on the 2nd day of May, 1995
at 7 : 30 p.m. , there will be a Public Hearing in the Village of
Tequesta Council Chambers, 357 Tequesta Drive, Tequesta, Florida,
concerning:
VIOLATIONS OF VILLAGE CODE OF ORDINANCES
ORDINANCE NO. 464, SEC 3. Restricted Parking
You are hereby ordered to appear before the Code Enforcement Board
on that date to answer these charges and to present your side of
the case. Failure to appear may result in the Board proceeding in
your absence.
Should you be found in violation of the Village Code, the Code
Enforcement Board has the power by law to levy fines up to and
including two hundred and fifty dollars ($250.00 ) a day against you
and your property for every day that any violation continues beyond
the date set in an Order of Compliance.
Should you desire, you have the right to obtain an attorney and
have the opportunity to present witnesses, as well as question the
witnesses against you, prior to the Board making a determination.
Please be prepared to present evidence substantiating the amount of
time necessary to correct the alleged violation, should you be
found in violation of the Village Code. If you have any questions
please contact Richard F. Davis, Code Enforcement Officer, at 575-
6213 or 575-6210. .
Very Truly Yours,
CODE ENFORCEMENT BOARD
William F. • Treacy, Chairman
By: Steven J . AllisonAVa-
Clerk of the Board
cc: Richard F. Davis, Code Enforcement Officer
John C. Randolph, Village Attorney
.•
' 464
.. • • ORDI P ' ,. 0
• .. AN,,ORDINANCE OF THE .VILLAGE COUNCIL OF THE
- • VILLAGE.. O ,F -TEQUESTA, PALM BEACH COUNTY,
' . • FLORIDA, AMENDING. - ORDINANCE NO. 355, AS
• AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
:" ham. THE . VILLAGE OF TEQUESTA, AT SECTION X,-
-•;� -•-._ `. - TING TO SUPPLEMENTAL REGULATIONS, ITEM
' � - '-- SO AS TO PROVIDE RESTRICTIONS RELATING TO
,: 4Y 1;. --.: '--...1. -.; PARKING -�'-OF TRUCKS - AND RECREATIONAL
.`•' a-,,-7:3t-,... ':k ICI AS . IN •THE .�'. R-1A ZONING DISTRICT;.
Ti; • :' '``1--- .PROVIDING FOR SEVBRABILITY; - PROVIDING FOR
• }'l .ir. ,; ,: lA16. OF ORDINANCES:-.IN CONFLICT; PROVIDING
-' -.. .1 " _S.•,FOR.CODIFICATION; PROVIDING AN EFFECTIVE DATE.
-. , q-•-
.-: � "� 'E;-=IT _ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
i-17 "'- A,=PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
N II _ Section 1. Ordinance No. 355, the Comprehensive Zoning
•....
,. �Ord�i�3nCa of the Village of Tequesta, is hereby amended at Section
i "FX;-.paragraph (L) to read as follows:
=# - ■(L) Commercial Vehicles and Trucks, Recreational
-,..,'430;14-:-. - - .Vehicles on Private Lots.
•i. 4 _-
's (1) No commercial vehicles or trucks over three-
' _:%:': -- - quarters (3/4) ton rated capacity, may be parked on any
k, =- property or right-of-way within a residential area.
(a) ' Residential areas include all areas within the
- village other than C-1, C-2, C-3 and R/OP.
(b) - This restriction shall • not apply to the
temporary parking of such vehicles on private
property in residential districts whereon
construction is underway for which a current and
valid building permit has been issued by the
Village of Tequesta and said permit is properly
. displayed on the premises.
(c) This restriction shall not apply to routine
deliveries by tradesmen or the use of trucks in
making service calls, providing that such time
period is actually in the course of business
deliveries or servicing, as the case may be.
(d) This restriction shall not apply to the parking
of emergency vehicles, provided that the time
parked is actually necessary for the emergency.
Further, the restriction shall not apply to
' volunteer emergency vehicles driven by residents
•
of the Village of Tequesta and parked on their
property.
(e) This restriction shall not apply to a situation
where such vehicle becomes disabled and, as a
result of such emergency, is required to be
parked within a residential district for longer
than 'the time allowed herein. However, any such
vehicle shall be removed from the residential
district within twenty-four (24) hours by.
wrecker towing, if necessary, regardless of the
nature of the emergency, and the cost of such
towing shall be at expense of the owner of the
vehicle.
(2) Construction equipment, panel trucks, pickup
trucks, vans, or similar types of trucks used for
commercial purposes of not over three-quarters (3/4) ton
rated capacity, recreational boating and camping
equipment in the form of travel and camping trailers,
boat trailers, boats on trailers and truck trailers
designed and used as temporary living quarters for
recreation, boating, camping or travel uses, parked on a
lot containing a single-family residence in the R-1, R-2
and R-3 Zoning Districts within the Village, shall be
parked subject to the following conditions:
(a)'. The equipment described in this subsection must
be owned by and used primarily by a resident of
the premises; provided, however, that a guest of
the resident of the premises may park such
equipment in the front yard driveway for not
more than three (3) consecutive days in any
fourteen day period. For the purpose of this
subsection, any part of a twenty-four hour
period, measured from midnight to midnight,
shall be considered as one (1) day.
(b) The location for such parked equipment shall be
in the rear yard or in the side yard to the rear
of a line established by the front building line
adjacent to the side yard where the equipment is
located; provided, however, that such equipment
is effectively screened on three (3) sides
against direct view from abutting properties. A.
person who reasonably attempts to comply with
the screening described herein by planting and
maintaining a hedge which will become an
effective screen in a reasonable period of time,
not to exceed two (2) years, shall not be in
violation of this subsection. Further, this
subsection is not to be construed as requiring
screening from direct view from the street in
front of the lot.
2
(c) Any of the vehicles or equipment described
herein may be parked in a garage or carport
which is effectively screened on three (3)
sides; provided, however, that no portion of the
vehicle or equipment shall extend beyond the
roof line.
(d) Such equipment and the area of parking shall be
maintained in a clean, neat and presentable
manner, and the equipment shall be in usable
condition at all times.
(e) Such equipment shall at all times have attached
a current vehicle registration license plate
and, if required, a current inspection sticker.
(f) No major repairs or overhaul work on such
equipment which constitutes either a public or
private nuisance shall be made or performed on
the site.
(g) When parked on the site, such equipment shall
not be used for living or sleeping quarters or
for housekeeping or storage purposes and shall
not have attached thereto any service connection
lines, except as may periodically be required to
maintain the equipment and appliances.
(h) None of the vehicles or equipment described
herein may be parked in the area between the
street lot line and the structure nor in the
right-of-way in front of the structure; however,
one (1) of the vehicles described herein may be
parked in the front yard driveway for a
cumulative period not exceeding four (4) hours
in any one (1) twenty-four hour period.
(i) These restrictions shall not apply to the
parking of emergency vehicles, provided that the
time parked is actually necessary for the
emergency. Further, the restrictions shall not
apply to volunteer emergency vehicles driven by
residents of the Village of Tequesta and parked
on their property.
(j) The provisions and conditions set forth in
subsection (2) above are not intended to
regulate the parking of vans or similar types of
vehicles only used for personal transportation
rather than commercial purposes.
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(k) In the case of doubt as to the proper
classification of a specific vehicle under the
terms of this subsection, the determination by
the Motor Vehicle Commission of the State of
Florida shall be controlling. The body
description and classification on the motor
vehicle certificate of title shall be prima
facie evidence of such determination.
43) In -the R-1A Zoning_ District of ,.the Village, the
parking tractors, trailers, buses, mobile
homes, c ,. or homes, boats, recreational boating
and campt*.*Otipeent in. the form of travel and camping
trailsiit-tt= ers, ,boats on trailers and truck
trailers atiff. r big�`.. f kk on y lot or right-
of-way,"uii ea. ae�egt a =s"a eeei ei;or,tsnoed -on at least
three (3) :slsa so as not to be visible-from-any roadway,
waterway,-_or,--golf course. For.purpases- of this section
"trucks■ shall mean trucks of not over three-quarters
(3/4) ton rated capacity, either - commercial or
noncommercial, -and shall includee --panel trucks, pickup
trucks and other trucks, but shall not include passenger
vans or panel vans with side passenger windows and rear
passenger seats, or four wheel drive vehicles, such as
Ford Explorer; Bronco and similar vehicles. In all other
respects-the-vehicle classifications of the Florida Motor
VehicleCommis_sion shall control. . Any vehicle with
commercial ' Yerir on its side is deemed to be a
commercial ,v -v 1cle unless the lettering is on a
remov eable:: g 1 hick. is removed when the vehicle is
parked: The parking of - trucks of more than three-
quarters (3/4) ton rated capacity is prohibited within
this zoning district pursuant to the provisions of
subsection (1) hereof. In addition the following
conditions shall apply:
(a) The equipment described in this subsection must
be owned by and used primarily by a resident of
the premises; provided, however, that a guest of
the resident of the premises may park a motor or
mobile home in the front yard driveway for not
more than twenty-four hours in any thirty (30)
day period while the owner or driver thereof
visits the home of the lot owner.
(b) The exceptions set forth in subsection (1)
hereof shall be applicable to the vehicles
described in this subsection.
4
•
(c) The location for such parked equipment shall be
in the rear yard or in the side yard to the rear
of a line established by the front building line
adjacent to the side yard where the equipment is
located; provided, however, that such equipment
is effectively screened in the manner described
in this subsection (3) . A person who reasonably
attempts to comply with the screening described
herein by planting and maintaining a hedge which
will become an effective screen in a reasonable
period of time, not to exceed two years, shall
not be in violation of this subsection.
(d) Any of the vehicles or equipment described
herein may be parked in a garage or carport
which is effectively screened on three (3)
sides; provided, however, that no portion of the
vehicle or equipment shall extend beyond the
roof line and that the equipment is screened in
a manner described in this subsection.
(e) Such equipment and the area of parking shall be
maintained in a clean, neat and presentable
manner, and the equipment shall be in usable
condition at all times.
(f) Such equipment shall at all times have attached
a current vehicle registration license plate
and, if required, a current inspection sticker.
(g) No major repairs or overhaul work on such
equipment which constitutes either a public or
private nuisance shall be made or performed on
the site.
(h) When parked on the site, such equipment shall
not be used for living or sleeping quarters or
for housekeeping or storage purposes and shall
not have attached thereto any service connection
lines, except as may periodically be required to
maintain the equipment and appliances.
(i) None of the vehicles or equipment described
herein may be parked in the area between the
street lot line and the structure nor in the
right-of-way in front of the structure; however,
one (1) of the vehicles described herein may be
parked in the front yard driveway for a
cumulative period not exceeding four (4) hours
in any one (1) twenty-four hour period. "
5
(4) Any part or the whole of this section may be
waived by the village council on the filing of a written
application for such action setting forth the reasons for
the request. Such application must set forth a hardship
on the part of the applicant, and granting of the request
by the village council must be based on the hardship.
(5) Any person violating the provisions of' this
subsection shall, upon conviction, be fined a fee of not
less than twenty-five dollars ($25.00) nor more than one
hundred dollars ($100.00) for each violation and for each
day such violation continues.
Section 2. Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of
this Ordinance which can be given effect without the invalid
provisions or applications, and to this end, the provisions of this
Ordinance are hereby declared severable.
section 3. Repeal of Ordinances in Conflict. All other
ordinances of the Village of Tequesta, Florida, or parts thereof
which conflict with this or any part of this Ordinance are hereby
repealed.
•
section 4. Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
Section 5. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law.
THE FOREGOING ORDINANCE was offered by Councilmember
Collings , who moved its adoption. The Ordinance
was seconded by Councilmember Schauer and upon
being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
William E. Burckart •
Ron T. Mackail
Elizabeth A. Schauer
Earl L. Collings-
6
L.VVt tNrVItL.tJ itN
CASE - HISTORY
This case begins back on February 16, 1994, at which time I
observed a. commercial vehicle being parked at 113 Fairview East in
violation of Village Ordinance, i .e. , commercial vehicles and
trucks, recreational vehicles on private lots.
It was observed almost daily in violation until March 13, 1994, at
which time I made personal contact with the property owners, and
advised them of the violation, how they could comply, and what
actions would be taken if they didn't. I agreed to their time-frame
of compliance of two weeks to clear out the garage and come into
compliance.•
On October 09, 1994, I again observed the commercial vehicle in
violation. Could not make contact, but would continue to try.
On October 30, 1994, sent a letter to the residents indicating
again the violation and requesting compliance.
On February 05, 1995, still in violation, will send a certified
notice.
On February 22, 1995, sent by registered mail, return receipt, a
formal Notice of Violation. REF: #Z319 643 812.
On March 03, 1995, recieved a phone message through police dipatch
indicating that the residents were attempting to comply.
On March 11, 1995, recieved the Return Receipt Notice from the Post
Office, signed by Mr . Dolan.
On March 13, 1995, recieved another message through police diaptch
that they working on the signs being removed.
On March 28, 1995, Mr . Dolan advised police dispatch that there
would be no more problem as the vehicle would be placed in the
garage.
On March 29, 1995, observed the garage door up, the vehicle still
parked out front. The garage was not cleaned out to a point that
the vehicle could be stored in it.
April 16, 1995, I took several slides of the vehicle in preperation
for the up-coming Code Enforcement Board Hearing.
REF: Will present the slides to show violation.
Y•
May 04, 1995.
Steven & Lori Thomson
10 Shay Place
Tequesta, Florida 33469
Reference: Code Enforcement Board Hearing
May 02, 1995
Dear Mr . Thomson:
Attached is copy of the FINDING OF FACT, CONCLUSIONS OF LAW
AND ORDER issued by the Code Enforcement Board on May 02, 1995.
WHEN YOU DO COMPLY WITH THE BOARD'S ORDER, PLEASE CONTACT THE
CODE ENFORCEMENT OFFICER SO THAT AN INSPECTION OF THE PROPERTY
CAN BE MADE.
If you wish to appeal the ruling of the Code Enforcement Board,
you must file your appeal with the Circuit Court withen 30 days
of the. date of this Order (FSS Chapter 162.12)
Your attention to this matter is required.
Sincerely.,
rt. �
Richard F. Davis
Code Compliance Officer
Enclosure: as stated
TEQUESTA POLICE DEPARTMENT
riir? .
357 Tequesta Drive
Post Office Box 3273
Tequesta, Florida 33469-0273 CARL R. RODERICK
Phone: (407) 575-6210 Chief of Police
May 04, 1995
HAND DELIVERY
Steven & Lori Thomson
10 Shay Place
Tequesta, Fl 33469
Dear Mr. Thomson:
SUBJECT: CASE NO. 95-04, 10 Shay Place, Tequesta, Fl
Violation of Village Code of Ordinances,
ORDINANCE NO. 355, Sec X, (E) (5) , Swimming
Pool enclosure.
The Code. Enforcement Board has heard testimony at the Code
Enforcement Board Hearing held on May 02, 1995 and based on
the evidence, the Code Enforcement Board enters the following
FINDINGS OF. FACT, CONCLUSIONS OF LAW, AND ORDER.
FINDING OF FACTS
The violation continues to exist
CONCLUSIONS OF LAW
Violation of Village Code of Ordinances . ORD NO. 355, Sec X (E) (5)
ORDER
The Board found the Respondent guilty and require compliance by
MAY 05, 1995 at 5: 00 pm. , and if not in compliance by that date
as certified by the Code Compliance Officer the matter will be
considered at the next meeting of the Board for a daily fine
beginning from the date of non-compliance.
DONE AND ORDERED this �16day of May, 1995
CODE ENFORCEMENT BOARD OF THE
VILLAGE OF TEQUESTA, FLORIDA
William F. Treacy, Ch irman
Code Enforcement Board
I HEREBY CERTIFY that a true and correct copy of the above and •
foregoing Findings of Guilt, Conclusions of Law and Order has been
ha elivered to the Respondent, this 0 day of May, 1995
Richard F. Davis
Code Compliance Officer
ef John O. Randolph, Esq, Village Attorney