HomeMy WebLinkAboutDocumentation_Regular_Tab 12B_6/13/1996 t
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Memorandum
To: Village Council
From: Thomas G. Bradford, Village. Manager
Date: April 30, 1996
Subject: Ordinance Creating Special Master; Agenda Item
At your meeting on April 11, 1996, you directed that staff bring
forward the Special Master Ordinance for your consideration at
your meeting in May. This Ordinance abolishes the Code
Enforcement Board, while implementing a procedure for effective
and efficient code enforcement using a Special Master. The
Special Master will be an attorney who will be selected based
upon merit and fitness for the job.
This Ordinance does not make any amendments to the current Codes
of the Village, such as Minimum Property Standards . Based upon
your previous direction, at your next meeting, when you have
approved the Special Master Ordinance on second reading, a
Resolution will also be before you that will charge the current
Code Enforcement Boardmembers with serving on a task force to
review those codes of the Village pertaining to property
standards .
It is recommended that the Village Council adopt this Ordinance,
effectuating the Special Master code enforcement process within
the Village of Tequesta.
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cv c,c w ice•w Jvl•v.7 a -1-171 f C_4 1474 NU.t101 tVU1/ 17
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 T ORDAINED BY THE VILLAGE COUNCIL or 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 Code Enforcement, to read as follows:
"ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 2 , CODE ENFORCEMENT
Sec. 2-91. Tittle.
This article may be known and cited as the "Code
Enforcement Ordinance of the Village of Tequesta,
Florida. "
Sec. 2-92 . Special Mater; 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.
(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 hearings
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, 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;
(8) 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) Appendix A, Zoning;
(18) 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 .
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Sec. 2-94. Procedure.
(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 front of the Special Master 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.
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(6) The name and authority of the code enforcement
officer.
(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 front of the
Special Master 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) If a citation is issued and the violator comes
into compliance prior to the Special Master hearing date,
said compliance being personally verified by a Code
Enforcement Officer, the violator may pay a fine of one-
half (%) the civil penalty applicable set forth in
Section (d) above, if said fine is paid prior to the
Special Master hearing.
(f) The following chapters and provisions of the
village code shall be subject to the penalties set forth
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in section (d) above based on the class of violation
provided,
Class I Offense, fine amount $ 50 .00
Sec. 2 . 5-13 Alarm Permits
Sec. 2 . 5-18, 19, 20 Revocation of Alarm Permits
Sec. 2 . 5-24 Alarms prohibited
Sec. 3 . 1 Hours operation/Alcoholic sales
Sec. 3 . 2 (a) Public drinking prohibited
Sec. 4 . 1 (a,b) Bird sanctuary/Unlawful acts
Sec, 4 , 2 (a,b) Depositing excreta/Removal required
Sec, 4 , 17 Dogs/At large/Prohibited
Sec. 4 . 18 (a,b) Dogs /Must wear current
license/Inoculation for rabies
Sec. 4 . 19 (a, b, c) Impounding
Sec. 6 . 1 (a,b, c,d) Time limitations/work on buildings
Sec. 6 . 2 Numbering of houses, other bldgs.
Sec. 6 . 3 (a,b) Fugitive dust/blowing sand
Sec. 10 . 17 Excessive accumulation weeds, plant
life
Sec. 10 , 40 Littering prohibited
Sec. 10 . 48 Responsibility property owner to
remove debris
Sec. 10 .53 Land clearing/construction debris
Sec. 10 . 56 Recycling bins and containers
Sec. 10 . 72, 73 Composting, penalties
Sec. 11 . 5-12 No thru trucks
Sec. 11 . 5-20 (a,b,c) Parking Violations
Sec, 11 , 5-21 Swales, parking prohibited, time &
location
Sec. 12 , 1 Noise prohibited
Sec. 13 . 2 Soliciting without permit
Sec. 13 . 3 Obscene material
Sec. 13 . 5 Disturbing the peace
Sec. 13 . 6 Disturbance of worship
Sec. 13 . 12 Jumping, diving from bridge
prohibited
Sec. 13 . 14 Unlawful discharge of weapon
Sec. 13 . 15 Trespass/Sleeping, private and/or
public property
Sec. 13 . 31 Abandoned/wrecked vehicle/prohibited
declared nuisance
Sec, 13 ,42 Hitchhiking, prohibited
Sec, 13 , 1-79, 80 Water restrictions/hours/exemptions
Sec. VIII (A) (3) Off/On street loading, parking
restrictions
Sec. IX-A(G) (3)
a,b, c Garbage/refuse collection stations ,
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Sec. X(A) (b) 1,2 , 3,
(c) (d) (e) Sup regs/antenna, clothes lines, fences, etc.
Sec. X (B) Nuisances
Sec. X(D) (1, 2, 3, 4) Garage sales
Sec. X(K) (1) Trailers or temporary structures,
and or vehicles on construction
sites
Sec. X(L) Commercial vehicle & trucks, RVe on
private lots
Sec. X (L) (3) Rvs, trucks, camping, boating &
trailers and/or any combination,
Restricted parking (R1A)
Sec. X (0) Satellite TV antenna systems and
structures
Sec. X (P) (3) Dumpsters, regulations
Sec, X (S) (5)
(a) thru (t) Home occupations, regulations
Sec. XII (M) (2) Permanent entrance signs
Sec. XII (N) (1-4) Removal of unsafe, unlawful or
nonconforming signs
Sec. XII (0) (1-9) Signs, prohibitions in all zoning
categories
Sec. XII (R) Signs/maintenance, required by
property owner
Class II Offense, fins amount . . . . . . 75.00
Sec. 5 . 2 Prohibit motor vehicles on beaches
Sec. 10. 26 Overhanging branches/limbs ,
neighborhood property
Sec. 10. 27 (a,b) Clearance above roadways, sidewalks,
etc.
Sec. VIII D(7) 5 .c Unobstructed view of cashier
station, convenience store
Sec. X (R) (e) Multifamily recyclable materials
facilities
Class III Offense, fine amount. $125.00
Sec. 9 . 7 Fire protection/Fees-annual fire
inspection
Sec. 9 . 12 Fire protection/permits
Sec. 9 .35 (a,b, c) Fire protection/Recovery of cost
cleanup, fail to reimburse,
surcharge
Sec. 10 . 18 (a,b,
c,e) Unlawful growth enumerated (12 inches)
Sec. 10 .46 Dumping debris on lots
Sec. 13 .43 Land development permit, tree
removal
Sec. VIII (C) (1) Driveways, drainage & maintenance
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Sec. IX (G) (c) 1, 2, 3 Garbage and refuse collection/multi-
family
Sec. IX.A(G) (3)
(a, b, c) Garbage and refuse collection/stations
commercial
Sec. X (H) 3 Landscape, enforcement
Sec . X (H) 14, 3 Prohibited landscape
Sec. X (H) 15 Landscape/responsible parties for
maintenance
Sec. XII (G) (1) Signs/painting requirements
Sec. XII (J) (2)
(a thru e) Signs prohibited/general requirements,
regulations
Sec. XII (M) (1) Subdivision and development signs
Sec. XVI (D) Boathouse or shelters, restrictions
Sec . XVI (E) Anchoring/mooring of vessels,
restrictions
Class IV Offense, fine amount $250.00
Sec. 4 .45 Sea turtle protection/enforcement
and penalties
Sec. 9 . 8 Fire protection/ordering correction
of hazards
Sec. 9 . 11 Fire protection/accumulation
endangering adjacent properties
Sec. 10 .41 Florida litter law adopted
Sec . 10. 68 Toxic and hazardous materials prohibited.
Sec. 11.24 Occupational license required/unlawful to
engage
Sec. 13 . 11 Landing aircraft, skydiving,
parachuting prohibited
Sec . 14 , 16-14 .26 Environmentally sensitive
lands/violations, enforcement,
penalties
Sec. 14 .46 Coastal protection
Sec. 14 . 61 Mangrove protection
Sec. 14 , 76 Wellfield protection
Sec. 15 . 2, 3 Railroad, obstruct, block roadway, time
limitations, crossing cleared, emergency
traffic
Sec. 18 . 22-18 .27 Emergency water restrictions
Sec. X- (E) (5) Swimming pools/must be enclosed,
child resistant barrier
Sec. X (H) (14 (3) Landscaping, requirements/prohibitions
Sec. XVI (F) Discharge of refuse from
vessel/watercraft
(f) Any person who fails to pay appropriate civil
penalty within the time period allowed, or who fails to
appear in front of the Special Master to contest the
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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
only those codes adopted pursuant to Section 553 .73,
Florida Statutes .
(h) 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 . 98 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 .
Sec. 2-95. Hearings .
(a) 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
as provided herein, a hearing may proceed in the absence
of the respondent .
(b) 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.
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(c) 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 .
(d) 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.
Sec. 2-96. 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.
(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
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the respondent (s) within ten (10) working days
thereafter.
(6) Establish and enforce fines pursuant to
Section 2-97 herein.
(7) Authorize the Village Attorney to foreclose on
liens imposed pursuant to Section 2-97 which
remain unpaid after a period of three (3)
months .
(8) Authorize the reduction of any fine he/she has
imposed.
Sec. 2-97 . 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 coat 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
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
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IU.CUl rUl 1/V1J
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. 2-98. 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
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
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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. 2-99. 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. 2-100. Authorization of village attorney to
foreclose liens imposed pursuant to
Section 2-97.
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 2-97 of the Code of the Village of
Tequesta. Such proceedings shall be commenced by the
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. 2-101. Procedure to request that a fine or lien
imposed pursuant to Section 2-97 be
reduced: conditions and criteria
therefor.
(a) The owner of real property against which a fine
or lien has been imposed pursuant to Section 2-97 may
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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 2-97, no satisfaction
thereof, shall be approved by the Special Master with
leas 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 2-97 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. 2-102 . Provisions supplemental and cumulative.
Nothing contained in this division 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 Village and not exclusive.
Sec. 2-103 . Alternative code enforcement procedures.
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The Village may employ other methods of code
enforcement including, but not limited to, the issuance
of a notice to appear in county court or arrest for
violation of municipal ordinances as provided for in
Chapter 901, Florida Statutes . Unless otherwise
specifically authorized and provided for by law, a person
convicted of violating a municipal ordinance may be
sentenced to pay a fine, not to exceed $500 . 00, and may
be sentenced to a definite term of imprisonment, not to
exceed 60 days, in a municipal detention facility or
other facility as authorized by law. "
action 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.
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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 ;
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FOR ADOPTION AGAINST ADOPTION[
The Mayor thereupon declared the Ordinance duly passed and
adopted this day of , 1996 .
MAYOR OF TEQUESTA
Ron T. Mackail
ATTEST;
village Clerk
JC:k\73]!,3OI b\6P1;c7A!.M
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