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Memorandum
To: ' Village Council
From: Thomas G. Bradford, Village Manager / 7
Date: May 8, 1998
Subject: Ordinance Placing Stormwater Utility Enforcement
Matters Under the Jurisdiction of the Special Master;
Agenda Item
As you know, at your Meeting on April 9, 1998, the Village
Council approved on first reading an Ordinance relating to
stormwater control that provides for, amongst other things,
various prohibitions . This Ordinance was promulgated because
Tequesta ' s NPDES Permit requires the same. This Ordinance is
scheduled for second and final reading at your Meeting on May 14,
1998 .
In order to effectuate the enforcement provisions, it is
necessary, to amend the Code of Ordinances so that enforcement
provisions related to the stormwater utility will fall under the
jurisdiction of the Special Master, if needed. The attached
Ordinance does just that. The Ordinance places enforcement of
various stormwater utility prohibitions under the jurisdiction of
the Special Master.
It is recommended that the Village Council adopt this Ordinance
to ensure an enforcement mechanism for stormwater control.
TGB/krb
Attachment
council\050898-1.sam
_}
JONES
FOSTER ER Flagler Center Tower,Suite 1100 Mailing Address
JOHNSTON 505 South Flagler Drive Post Office Box 3475
Q, ['TT TQ�C'l 7l A West Palm Beach,Florida 33401 West Palm Beach,Florida 33402-3475
C7l�71 Vi717�7 l.ri. Telephone(561)659-3000 Facsimile(561)832-1454
Attorneys and Counselors
Village of Tequesta_
John C.Randolph,Esq.
Direct Dial:(561)650-0458 APR 2 0 1998 E-mail:jandolph@jones-foster.com
Village Manager's Office
April 17, 1998
Mr.Thomas G. Bradford
Village Manager
Village of Tequesta
Post Office Box 3273
Tequesta,Florida 33469-0273
RE: Draft Ordinance Relating to Stormwater Control;Enforcement Provisions
Our File No. 13153.1
Dear Tom:
Pursuant to your letter of April 6, 1998,enclosed is a draft ordinance amending Section 2-93 of the
Code of Ordinances to include Chapter 19, Stormwater Utility,under the jurisdiction of the Special
Master.
Please call me if you have any questions.
Sincerely,
JONES, FOS R, JOHNSTON& STUBBS, P.A.
John C. Randolph
JCR/ssm
Enclosure
cc: Al Oslund
f
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, DIVISION 2, SECTION
2-93, JURISDICTION, TO INCLUDE CHAPTER 19,
STORMWATER UTILITY, UNDER THE JURISDICTION OF
THE SPECIAL MASTER, 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 Commissions, Division 2, Code Enforcement,
Section 2-93, Jurisdiction, to read as follows :
"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, Alarm Devices;
(2) Chapter 3, Alcoholic Beverages;
(3) Chapter 4, Animals and Fowl;
(4) Chapter 5, Beaches;
(5) Chapter 6, Buildings and Building Regulations;
(6) Chapter 7, Community Appearance Board;
(7) Chapter 9, Fire Protection and Prevention
(9) Chapter 10, Health and Sanitation;
(9) Chapter 11, Licenses;
(10) Chapter 11.5, Motor Vehicles and Traffic;
(11) Chapter 12, Noise;
(12) Chapter 13, Offenses and Miscellaneous Provisions;
(13) Chapter 14, Land Development;
(14) Chapter 15, Railroads;
(15) Chapter 16, Signs, Billboards., Etc. ;
(16) Chapter 18, Water;
(17) Chapter 19, Stormwater Utility;
(18) Appendix A, Zoning;
(19) 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
-0.
bearing responsibility for enforcement of that respective
code or ordinance. "
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
, 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 1998 .
MAYOR OF TEQUESTA
Elizabeth A. Schauer
ATTEST:
Village Clerk
2 '