HomeMy WebLinkAboutDocumentation_Regular_Tab 8C_10/12/1995 ..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, ADMINISTRATION, AT ARTICLE IV,
BOARDS AND COMMISSIONS, SECTION 2-94, TO
PROVIDE FOR THE APPOINTMENT OF A SPECIAL
MASTER TO HEAR CODE ENFORCEMENT BOARD CASES;
AMENDING SECTION 2-97, TO ALLOW ENFORCEMENT
THROUGH ALTERNATIVE PROCEDURES; PROVIDING A
NEW SECTION 2-103, SETTING FORTH ALTERNATIVE
CODE ENFORCEMENT PROCEDURES TO ALLOW FOR A
CITATION SYSTEM OF ENFORCEMENT, SETTING FORTH
PROCEDURES . FOR ISSUANCE OF CITATIONS, NOTICE
_ REQUIREMENTS, FORM OF CITATION, DISPOSITION BY
THE COUNTY COURT, AND PROVIDING A SCHEDULE OF
VIOLATIONS AND PENALTIES TO BE ASSESSED;
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, Boars and Commissions, Section 2-94, Membership,
appointment, term ; organization, to read as follows:
"Sec. 2-94. Membership, appointment, terms;
organization.
The village council shall appoint a seven-member code
enforcement board and legal counsel for the board. .
Alternatively, the village council may appoint a special
master to hear code enforcement board cases. The village
council may also appoint up to two (2) alternate members
to serve on the board in the absence of board members.
The members shall have the following qualifications and
terms of office:
(a) Members of the code enforcement board shall be
residents of the village. Appointments shall be
made by the village' council on the basis of
experience or interest in ,the fields of zoning and
building control. The membership of the code
enforcement board shall whenever possible be as
follows:
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1. An architect
2. A business person
3. An engineer
4. A general contractor
5. A realtor
6. A subcontractor
7. A general member
(b) In order that terms of offices of all members will
not expire at the same time, the initial
appointments to the code enforcement board shall be
as follows: Two (2) members shall be appointed for
a term of one (1) year each; three (3) members
shall be appointed for a term of two (2) years
each; two (2) members shall be appointed for a term
of three (3) years each. Upon the expiration of
each term, members may be reappointed for terms of
three (3) years. Alternate members shall be
appointed for a term of three (3) years.
Any member may be reappointed from term to term
upon approval of the village council. Appointment
to fill any vacancy on the code enforcement board
shall be for the remainder of the unexpired term of
office. Any member who fails to attend two (2) out
of three (3) successive meetings without cause and
without prior approval of the chairperson shall
automatically forfeit . his or her appointment and
the Village Council shall promptly fill such
vacancy.' The members shall serve at the pleasure
of the Village Council and may be removed as
provided in the Village of Tequesta Code of
Ordinances for removal of members of village
boards.
(c) The members- of the code enforcement board shall
elect a chairperson. The presence of four (4) or
members shall constitute a quorum of ' the code
enforcement board. Members shall serve without
compensation, but may be reimbursed for such travel
expenses, mileage expenses, and per diem expenses
as may be authorized by the village council.
(d) The village attorney shall be counsel to the code
enforcement board. Should the village council
appoint a special master to hear code enforcement
board cases, the village attorney shall act as
prosecutor for the village"
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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, Section 2-97, Enforcement
Procedure, to read as follows:
"Sec. 2-97. Enforcement procedure.
(a) It shall be the duty of the code inspector to
initiate enforcement proceedings of the various
codes; however, no member of the enforcement board
shall have the power to initiate such enforcement
proceedings.
(b) Except as provided in subsections (c) and (d) , if a
violation of the Code of Ordinances of the village
is found, the code inspector shall notify the
violator, and give said violator a reasonable time
to correct the violation. Should the violation
continue beyond the time specified for correction,
the code inspector shall notify the code
enforcement board and request a hearing.
Alternatively, should the violation continue beyond
the time specified for correction, the code
inspector may proceed to handle the case pursuant
to section 2-103 herein. The code enforcement
board, through its clerical staff, shall schedule a
hearing, and written notice of such hearing shall
be hand delivered or mailed as provided in section
2-101 hereof to said violator. At the option of the
code enforcement board, notice may additionally be
served by publication or posting as provided in
section 2-101 hereof. 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 code enforcement board even if the violation
has been corrected prior to the board hearing, and
the notice shall so state.
(c) 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
code enforcement board and request a hearing. The
code enforcement board, through its clerical staff,
shall schedule a hearing and shall provide notice
pursuant to section 2-101 hereof. The case may be
presented to the code enforcement board even if the
repeat violation has been corrected prior to the
board hearing, and the notice shall so state.
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(d) If the Code Inspector has reason to believe, a
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 violator and may immediately notify the Code
Enforcement Board and request a hearing. "
Section 3 . Chapter 2 of the. Code of Ordinances of the
Village of Tequesta relating to Administration is hereby amended at
Article IV, Boards and Commissions, to include a new Section 2-103,
Alternative code enforcement procedures, to read as follows:
"Sec. 2-103. Alternative code enforcement procedures.
(a) Issuance of citations. A code enforcement officer
is authorized to issue a citation to a person when,
based on personal investigation, the officer has
reasonable cause to believe that the person has
committed a civil infraction in violation of a duly
enacted code or ordinance. This citation shall be
heard by the county court.
(b) Notice. Prior to issuing a citation, a code
enforcement officer shall provide notice to the
person that has committed the violation of a code
or ordinance and shall establish a reasonable time
period within which the person must correct the
violation. Such time period shall be no more than
thirty (30) days. If, upon personal investigation,
a code enforcement officer finds that the person
has not corrected the violation within the time
period allowed, the code enforcement officer may
issue a citation to the person who has committed
the violation. If the code enforcement officer has
reason to believe that 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 is not
obligated to provide the person with a reasonable
time period within which to correct the violation
prior to the issuance of the citation.
(c) Form of citation. The citation issued by the code
enforcement officer shall be in a form prescribed
by the village and shall contain the following
information:
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1. The date and time of issuance of the citation.
2. The name and address of the person to whom the
citation is issued.
3 . The date and time the civil infraction was
committed for the facts constituting
reasonable cause to issue the citation.
4. The number or section of the code or ordinance
violated.
5. The name and authority of the code enforcement
officer.
6. The procedure for the person to follow in
order to pay the civil penalty or contest the
citation.
7. The applicable civil penalty if the person
elects to contest the citation.
8. The applicable civil penalty if the person
elects not to contest the citation.
9. A conspicuous statement that if the person
fails to pay the civil penalty within the time
allowed or fails to appear in court to contest
the citation, the person shall be deemed to
have waived the 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) Disposition by county court. After issuing a
citation to an alleged violator, a code enforcement
officer shall deposit the original citation and one
(1) copy of the citation with the county court for
further disposition.
(e) Certain ordinances lend themselves to be enforced
by means of a citation method and as such, the
village has deemed the following sections of the
code those to be enforced through the citation
method and have provided a schedule of violations
and penalties to be assessed as follows:
Class I Offense, fine amount $ 50. 00
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Class II Offense, fine amount $ 75.00
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Class III Offense, fine amount $125.00
Class IV Offense, fine amount $250.00
Upon receipt of a citation, the person alleged to
have violated the village code may request a court
appearance. The county court judge may assess a
maximum civil penalty not to exceed five hundred
dollars ($500.00) if contested. If the citation is
not contested, the amount of the fine is the face
value of the citation plus costs.
(f) Code violations; civil infraction. All violations
of the Code of Ordinances shall be considered civil
infractions with a maximum civil penalty not to
exceed five hundred dollars ($500. 00) .
(g) Citation contested; county court. Should any
person receiving a citation desire to contest the
issuance, such person shall have the right to
appear in county court to present his case and have
the determined position made by the court.
(h) Failure to accept citation; misdemeanor. Any
person ,who wilfully refuses to sign and accept a
citation issued by a code enforcement officer shall
be guilty of a misdemeanor of the second degree,
punishable as provided in section 775.082 or
775. 083, Florida Statutes.
(i) Citations not applicable to certain portions of
building codes. The provisions of this section
shall not apply to the enforcement pursuant to
section 553 .79 and 553 .80 of the Building Codes
adopted pursuant to section 553 .73 as they apply to
construction, provided that a building permit is
either not required or has been issued by the
village. For the purpose of this subsection,
building codes means only those codes adopted
pursuant to section 553.73.
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(j) Provisions additional and supplemental. The
provisions of the section are additional and
supplemental means of enforcing village codes and
ordinances and may be used for the enforcement of
any code or ordinance or for the enforcement of all
codes and ordinances except as set forth
hereinabove. Nothing contained in this section
shall prohibit the village from enforcing its codes
or ordinances by any other means. "
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.
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
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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\CODEENF.2
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