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HomeMy WebLinkAboutDocumentation_Regular_Tab 12C_10/10/1996 I,. JONES, FOSTER, JOHNSTON ATTORNEYS AND COUNSELORS V page of T eir FLAGLER CENTER TOWER • 505 SOUTH FLAGLER DRIVE S E P 2 0 ELEVENTH FLOOR LARRY e.ALEXANDER MICHAEL T.KRANZ WEST PALM BEACH,FLORIDA 1 CARL ANGIELOFF JOHN BLAIR McCRACKEN M.TRACEY INAGIOTT1 SCOTT L MCMULLEN CLAY C.BRoOKER DAVID PRATT P.O. BOX 3475 Village Manama_ __ JOYCE A CONWAY JOHN C.RANDOLPH MA ROARET L COOPER STEVEN J.ROTHMAN WEST PALM BEACH,FLORIDA 33402 I.a R.BRucE JONES EDWARD DIAZ PETER A.SACHS 15Os.IRp REBECCA Q DOANE D.CULVER SMITH III (Sel)559-3000 CHRISTOPHER B.DUKE SIDNEY A.STUBBS FAX (551I 532.1454 me.C.WOLFE H.MICHAEL EABI.EY ALLEN R.TOMLINSON 1.07.19511 • SCOTT Q HAWKINS JOHN S.TRIMPER THORNTON M.HENRY BRIAN K.WAXMAN WRITER'S DIRECT LNIE: RETIRED PETER S.HOLTON H.ADAMS WEAVER WIUJAM A.FOSTER MARK B.KLEENFELD - OF comma. L MARTBI FLJWAQAN JACK A.PUIPCO September 19, 1996 VIA FAX: 575-6203 Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469-0273 RE: Village of Tequesta Code Enforcement Ordinance Our File No. 13153 .1 Dear Tom: I am forwarding to you an amendment to the Code Enforcement Board Ordinance which provides that the Special Master appointed by the Village will operate in the place and stead of a Code Enforcement Board, but will handle cases similar to the manner in which they were handled by the Code Enforcement Board. This ordinance replaces the fine system which had been proposed in the previous ordinance. The fine system is being proposed for amendment for two reasons. First, in speaking to a representative from Lantana, we were advised that the fine system was not working in a satisfactory manner and that they in fact do not use said system. Secondly, the fine system as proposed was not capable of being enforced by the Special Master. Such a fine system, if imposed, is required to be handled through the Palm Beach County Court system in the event the fines are contested. The Village may find, after some experience with the Special Master system, that there are certain codes to which fines should be made applicable as opposed to using the Special Master. It is my recommendation, however, that the Village go forward using the Special' Master system exclusively at this time with the thought in mind that if, after experience, it' appears logical to put a fine system in place for some of the codes, that that be done in the future. 4 Mr. Thomas G. Bradford September 19, 1996 Page 2 Please do not hesitate to contact me if you have any questions in regard to this ordinance. Sincerely, JONES, FO TER, JOHNSTON & STUBBS, P.A. J C. Randolph JCR\ssm Enclosure • JONES , FOSTER , JOHNSTON & STUBBS , P . A . ORDINANCE NO.' AN ORDINANCE OF THE VILLAGE COUNCIL OF' THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, REPEALING ORDINANCE NO. 515 OF THE VILLAGE; AMENDING THE CODE OF ORDINANCES AT it CHAPTER 2, ARTICLE IV, RELATING TO BOARDS AND 1; COMMISSIONS BY CREATING A NEW DIVISION 2, PROVIDING FOR THE APPOINTMENT OF A SPECIAL • - MASTER TO HEAR CODE ENFORCEMENT MATTERS; PROVIDING FOR CODE ENFORCEMENT PROCEDURES; PROVIDING . FOR SEVERABILITY;. PROVIDING FOR it REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. ;I, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: ij Section 1. Ordinance No. 515 of the Code of Ordinances of the Village of Tequesta is hereby rescinded in its entirety. section 2 . Chapter 2 of the Code of Ordinances of the 11Village 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. Title. This article may be known and cited as the "Code 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 j , term of two (2) years. it (c) The Special Master shall be an attorney and a member of the Florida Bar. (d) The Special Master serves at the discretion and by appointment of the Village Council and may be removed from such position with or without cause. !: i I J I I (e) The Special Master shall preside over code enforcement matters once a month, or more often if II 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 the duties of the Special Master. (g) The Village Attorney or his/her designee may represent the Village by presenting cases before the it Special Master. Sec. 2-93 . Jurisdiction. ii 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. Sec. 2-94. Procedure. (a) An alleged violation of any of the code of ordinances listed in Section 2-93 shall be filed with the 2 ✓ it ! Special Master by'the administrative official, or his or her designee, who bears the responsibility for enforcement of that respective code or ordinance, hereinafter called the Code Enforcement Officer. If a 1 violation of a code or ordinance is believed to have occurred or to exist, the Code Enforcement Officer, or his/her designee, shall notify the violator(s) respondent (s) and give said respondent (s) a reasonable ii time, not to exceed thirty (30) days, to correct the violation. Should the violation continue beyond the time specified for correction, the Code Enforcement Officer or his/her designee shall notify the Special Master of the name (s) and address (es) of the respondent (s) , the code 111 provision(s) involved, and provide a short factual statement which forms the basis for the belief that a li 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 2-96 of this I; Code. At the option of the Special Master notice may ii additionally be served by publication or posting as provided in Section 2-96 . 1 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 Enforcement Officer, 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 Enforcement Officer 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 Enforcement Officer shall make a reasonable effort to notify the violator 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 Officer or the Special Master has previously found to have violated the same provision • • within five (5) years prior to the violation. If a • repeat violation is found, the Code Enforcement Officer • shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The Code Enforcement Officer, upon notifying the violator of a repeat violation, shall notify the Special Master and request a hearing. The Special Master shall schedule a hearing and shall provide notice pursuant to Section 2- 96 . 1 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. ' 3 ' (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 as otherwise provided herein, a hearing may proceed in the absence of the respondent. (c) All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply. - Irrelevant, immaterial and unduly repetitious evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Documentary and physical evidence may be admitted. fi (d) The Special Master may inquire of any witness who is testifying before him/her. The respondent, or his attorney and the Village attorney or his/her designee and/or the Code Enforcement Officer or 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 facts based on the 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 are provided in Section 2-96 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 Palm Beach 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. 2-95 . Powers. The Special Master shall have the power to: 4 f (1) Adopt rules for the conduct of its meetings and hearings . (2) Subpoena alleged violators (respondents) and witnesses to its hearings. (3) Subpoena evidence as necessary for its hearings, including, but not limited to 1 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 I; 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 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 which may then make all reasonable repairs which are required to bring the property into compliance and charge the 5 d i 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 1 violation, any actions taken by the violator to correct ! the violation, and any previous violations committed by 1 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 a lien against the land on which the violation exists, and upon any other real or 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 1 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 with interests, costs and a reasonable attorney' s fee. The Village shall be entitled to collect all costs incurred in recording and satisfying H 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. 2-96.1. Notices. (a) 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) 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 . 6 (b) 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. (c) Evidence that an attempt has been made to hand deliver or mail notice as provided in this section, together with proof of publication as provided in 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. 1 Sec. 2-97 . Appeal. Any aggrieved party, including the Village of Tequesta, may appeal a ruling or order of the Special Master to the li 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. 2-98 . Authorization of Village attorney to foreclose liens imposed pursuant to I Section 2-96. P 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 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. 2-99 . 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 7 11 1 1 application shall be considered by the Special Master 11 until the applicant has first shown that: !j (1) All ad valorem property taxes, special assessments, Village utility charges and other 1 government-imposed liens against the subject . i real property have been paid. 0 (2) The applicant is not personally indebted to .1 the Village of Tequesta for any reason. it (3) All Village code violations have been 0 • corrected under necessary permits issued !; therefor. (b) In considering an application to reduce a fine i; 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 . i! 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. 2-100. Alternate code enforcement procedures. (a) 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 has committed the violation. A Code Enforcement Officer does not have to provide the person with a reasonable time period to correct the 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 ' • 8 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. " Section 3 . Severability. If any provision of this Ordinance or the application thereof is held invalid, such II invalidity shall not affect the other provisions or applications of Ii 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 ii 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 1 i of Tequesta. Section 6 . Effective Date. This Ordinance shall take i' 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 9 • • The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1996 . MAYOR OF TEQUESTA • , Ron T. Mackail • ATTEST: • • Village Clerk JCR\131530RD\SPECIALM.2 • • � I • 1 • .1 • 11 • 10