HomeMy WebLinkAboutDocumentation_Regular_Tab 06_02/11/2010~.
1. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
2/11/10 Meeting Type: Regular Ordinance #: 2-10
Consent Agenda: No Resolution #: Click here to enter text.
Originating Department: Village Attorney
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Ordinance 2-10, First Reading, Amending The Village Code Of Ordinances At Chapter 2.
Administration. Article Iv. Code Enforcement. By Amending This Article To Update Language
Regarding The Code Enforcement Special Magistrate In Conformance With State Statutes, To
Clarify The Jurisdiction Of The Special Magistrate, To Provide For Internal Consistency With The
Village Code, And To Revise The Process For Fine Mitigation -Village Attorney Trela White
3. BUDGET /FINANCIAL IMPACT:
Account #: ."dick here to enter text. Amount of this item: C':ick here to enter text.
Current Budgeted Amount Available: Amount Remaining after item:
Click ~~ ~_ Ater ?~e=;ti ~_, .;u ",sere to ent~~:.~._.`..
Budget Transfer Required: Choosy an Appropriate Fund Balance: Choose an item.
its^!
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Ordinance 2-10, First Reading, Amending The Village Code Of Ordinances At Chapter 2.
Administration. Article Iv. Code Enforcement. By Amending This Article To Update Language
Regarding The Code Enforcement Special Magistrate In Conformance With State Statutes, To
Clarify The Jurisdiction Of The Special Magistrate, To Provide For Internal Consistency With The
Village Code, And To Revise The Process For Fine Mitigation -Village Attorney Trela White
5. APPROVALS:
Dept. Head: ~" ~G? ' ~ ~ Finance Director: ^ Reviewed for Financial
I~~~~ Sufficiency
^ No Financial Impact
Attorney: (for legal sufficiency)
Village Manager: ~-
• SUBMIT FOR COUNCIL DISCUSSION: ~~
• APPROVE ITEM: ^
• DENY ITEM: ^
Yes ^ No ^
ATTORNEYS AT LAW
1111 Hypoluxo Road, Suite 207
~~ ~~~ ~~uc ~J462
JOHN CORBETT TELEPHONE (561) 586-7116
TRELA J. WHITE TELECOPIER (561) 586-9611
BRADLEY W. BIGGS*^
KEITH W. DAVIS*
R. MAX LOHMAN
ABIGAIL FORRESTER JORANDBY * Board Certified in City, County and Local Government Law
^ State Certified County and Circuit Court Mediator
MEMORANDUM
TO: Mayor and Council
Michael Couzzo, Village Manager
FROM: Keith W. Davis, Esq.
DATE: January 27, 2010
RE: Ordinance No. 2-10 -Revision to Chapter 2 at Art. IV Code Enforcement
The proposed ordinance would revise the Village's code enforcement regulations by:
(1) Changing all reference from a "special master" to a "special magistrate" in accordance
with state law;
(2) Providing internal consistency with the Village's Code of Ordinances regarding the
special magistrate's jurisdiction to hear various violations; and
(3) Revising the process relative to fine mitigation by eliminating the requirement that the
Village Council approve such mitigations.
The result is that the special magistrate will have jurisdiction to hear and rule on violations of
all Village codes, ordinances, resolutions and development order conditions. Additionally, fine
mitigation will ultimately be ruled upon by the special magistrate, without input or approval
from the Village Council. Naturally, staff will make recommendations to the magistrate based
upon the criteria used to impose a fine in the first place, and based upon the particular
circumstances of the case.
1
ORDINANCE NO. 2-10
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE
IV. CODE ENFORCEMENT. BY AMENDING THIS ARTICLE TO
UPDATE LANGUAGE REGARDING THE CODE ENFORCEMENT
SPECIAL MAGISTRATE IN CONFORMANCE WITH STATE
STATUTES, TO CLARIFY THE JURISDICTION OF THE
SPECIAL MAGISTRATE, TO PROVIDE FOR INTERNAL
CONSISTENCY WITH THE VILLAGE CODE, AND TO REVISE
THE PROCESS FOR FINE MITIGATION; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 2. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE,
A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta desires to
revise the process for code enforcement fine mitigation by eliminating the
necessity that mitigation requests be brought before the Village Council; and
WHEREAS, the Village Council further desires to update its code
enforcement ordinance to provide for internal consistency with the village code
and to clarify the jurisdiction of the special magistrate; and
WHEREAS, the Village Council believes that these revisions to the Code
of Ordinances is in the best interests of the Village of Tequesta, and will promote
the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1: Chapter 2. Administration. of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article IV. Code Enforcement. by
amending this article to update language regarding the code enforcement special
magistrate in conformance with state statutes, to clarify the jurisdiction of the
1
special magistrate, to provide for internal consistency with the village code, and
to revise the process for fine mitigation; providing that Article IV. Code
Enforcement. shall hereafter read as follows:
ARTICLE IV. CODE ENFORCEMENT
DIVISION 1. GENERALLY
Sec.2-131. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Code enforcement officer means any authorized agent or employee of the village
whose duty it is to ensure code compliance.
Repeat violation means a violation of a provision of a Code provision or
ordinance by a person who has been previously found through a code
enforcement board or special maaistrate. or any other quasi judicial or judicial
process, to have violated or who has admitted violating the same Code provision
within five years prior to the violation, notwithstanding thaiz the violations m~~. C
occur at different locations.
Secs.2-132--2-150. Reserved.
DIVISION 2. SPECIAL MAGISTRATE "A°.,~~~
Sec. 2-151. Designation; term; qualifications.
(a) There is hereby established a special ma is r e naastef who shall be
designated by the village council.
(b) The special magistrate flaastef shall be appointed for a term of two years.
(c) The special aaistrate ~ shall be an attorney and a member of the
Florida Bar.
(d) The special ma i tr masteF shall serves at the discretion and by
appointment of the village council and may be removed from such position with
or without cause.
Sec. 2-152. Duties; hearings; clerical and administrative personnel.
(a) The special m~ ' r e ~asteF shall preside over all code enforcement
matters a~ 'necessary.
(b) Minutes shall be maintained at all hearings presided over by the special
m i r e +~aaster. All hearings shall be open to the public. The village shall
provide clerical and administrative personnel as may be required by the special
ma iy.~trate ~astef for the proper performance of the duties of the special
maaistrate
Sec. 2-153. Presentation of cases by village attorney.
2
The village attorney or his designee shall represent the village by presenting
cases before the special maaistrate na~stef.
Sec.2-154. Jurisdiction.
(a) The special maaistrate ~astef shall have the jurisdiction and authority to
hear and decide any alleged violations of
(1) Anv codes. ordinances or resolutions of the villaae:
l7\ /'`h~nfor 4!1 ner4~ininn ~~ .~nim~lc•
s
e
s
~r 74: .~rl~inlc II ner}.~ininn ~~ .+I.~r.v~e+
a~ z~ ~ urcroicrrpcrcc~rnr~-av-ararmr
~ ~
~nr1 ~4her nhn~ Ii~Fo
e ~
~ r
e ~
e ~
s ~ .
r s
r
r f
o i
9 ~ tCt-dt~attib~ ~n~nn +~~~nielr! r,r~+cny+[ivrnt-
afl ~z ~,~~
l~'-)---~#~'P~~~}~~' i-li~iic~i~n 7' 'ninrr +~ n~nn. ~rro~; cn~~ ~ircmen4c~
`^I""'. " [Q^vVr7~gTr Qil'G77TGfTCS
f
e ~
{24}---~tt-~4, ~rFinlo II' ndrF~in,~~4r, •~i.~+er conii~.e
~~\ l~h.~r~4cr 7A~ .~rFinle 1\/~ ner~.~ininn fn c~~nrmui.~4er.
(2) Anv statute. code. rule or regulation incorporated into the village's code of
ordinance by reference.
3~v condition of anv development order.
(b) The jurisdiction of the special magistrate +~as#ef shall not be exclusive an
hall not prohibit the villaae from enforcing its codes. rules. regulations or orders
v other legal means.
Secs.2-155--2-180. Reserved.
DIVISION 3. ENFORCEMENT PROCEDURE
Sec.2-181. Generally.
(a) An alleged violation of any of the village's codes, rules. regulations or orders
shall be filed with the
special m i rte master by the ,
"ode enforcement officer."
(b) It shall be the duty of the code enforcement officer to initiate enforcement
proceedings for violations of the various village codes. rules. regulations or
rder ;however, the special magistrate master
shall not have the power to initiate such enforcement proceedings.
(c) Except as provided in subsections (d) and (e) of this section, if a violation of
is found, the code enforcement officer shall notify
the violator and give him a reasonable tim , to correct the
violation. Should the violation continue beyond the time specified for correction,
the code enforcement officer shall notify the special magistrate naaeteF and
through clerical staff shall schedule a~esl: a hearing. ,
Notice of such hearing
shall be hand delivered or mailed as provided in section 2-191 to the violator. At
,Notice may additionally be served by publication
or posting as provided in section 2-191. 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 magistrate
~astef even if the violation has been corrected prior to the hearing, and the
notice shall so state.
(d) 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 ma i r tg naasteF end through clerical staff shall
sch le west a hearing.
Notice f such hearing shall be hand
delivered or mailed as provided in p~sua~t-#e section 2-191 to the violator. The
case may be presented to the special ma i r t naasteF even if the repeat
violation has been corrected prior to the hearing, and the notice shall so state. If
the repeat violation has been corrected, the special magistrate ~ retains the
right to schedule a hearing to determine fines and costs and impose the payment
of same upon the repeat violator. fie-repeat
4
(e) I the code enforcement officer has reason to believe a violation or the
condi ion causing the violation presents a serious threat to the public health,
safe ,and welfare or if the violation is irreparable or irreversible in nature, the
code nforcement officer shall make a reasonable effort to notify the violator and
may i mediately notify the special magistrate maetef and schedule fegt~est a
heari a.
Sec. -182. Duties of person transferring ownership of property.
(a) I the owner of property which is subject to an enforcement proceeding
befor the special maoistrate transfers ownership of such
prope between the time the initial pleading was served and the time of the
heari g, such owner shall:
(1) isclose, in writing, the existence and the nature of the proceeding to the
prose ctive transferee.
(2) eliver to the prospective transferee a copy of the pleadings, notices, and
other materials relating to the code enforcement proceeding received by the
(3) isclose, in writing, to the prospective transferee that the new owner will be
respo sible for compliance with the applicable Code provisions or ordinance and
with o ders issued in the code enforcement proceeding.
(4) F le a notice with the code enforcement o i r e#~isial of the transfer of the
prope y, with the identity and address of the new owner and copies of the
disclo ures made to the new owner, within five days after the date of the transfer.
(b) failure to make the disclosures described in subsections (a)(1), (2), and (3)
of this section before the transfer creates a rebuttable presumption of fraud. If the
prope is transferred before the hearing, the proceeding shall not be dismissed,
but th new owner shall be provided a reasonable period of time to correct the
violati n before the hearing is held.
Sec. -183. Burden of proof.
At th hearing, the burden or proof shall be upon the village to show by
ompetent substantial evidence that a violation did occur or does
exist r has been repeated. Assuming proper notice of hearing has been given to
the re pondent, either as actual notice, or as otherwise provided in this division,
a hea ing may proceed in the absence of a respondent.
Sec. -184. Testimony, evidence and witnesses.
(a) I testimony shall be under oath and shall be recorded. Formal rules of
evide ce shall not apply but fundamental due process shall be observed and
shall overn the proceedings. Irrelevant, immaterial and unduly repetitious
evide ce of a type commonly relied upon by reasonably prudent persons in the
condu t of their affairs shall be admissible, whether or not such evidence would
be ad issible in a trial in the courts of the state. Documentary and physical
evide ce may be admitted.
(b) he special magistrate ~asteF may inquire of any witness who is testifying
befor him. The respondent or his attorney and the village attorney or the code
enfor ement officer shall be permitted to inquire of any witness before the special
ma i tr a master. The special m i r ~ ~asteF may call any witness deemed
nece sary to provide a full and fair hearing of the case.
Sec. -185. Issuance of order.
{a} t the conclusion of the hearing, the special magistrate mastef shall issue
findin s of facts based on the evidence on the record and conclusions of law,
and s all issue an order affording the proper relief consistent with the powers
grant d in this article. The order shall be stated orally at the meeting, and shall
be re uced to writing and rovided wiled to the alleged violator within ten
worki g 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,
as pr vided in section 2-187, may be imposed if the order is not complied with by
such ate. A certified copy of such order may be recorded in the public records of
Pal Be ch C un #~e--se~t~ and shall constitute notice to any subsequent
purch secs, successors in interest, or assigns if the violation concerns real
prope ,and the findings therein shall be binding upon the violator and, if the
violati n concerns real property, any subsequent purchasers or successors in
intere t or assigns.
Sec. -186. Powers of special ~q~ra a +~asteF.
The s ecial magistrate +~s~#ef shall have the power to:
(1) opt rules for the conduct of the special magistrate ~astef 's meetings and
(2)
(3)
(4)
(5)
what
(6)
(7)
divis
(8)
Sec.
cost
bpoena alleged violators (respondents) and witnesses to the special
~#.e naasteF's hearings.
bpoena evidence as necessary for the special magistrate ~ 's
s, including but not limited to physical and documentary evidence such as
surveys, plats and photographs.
ke testimony under oath.
ue orders having the force and effect of law which can command
~r steps are necessary to bring a violation into compliance.
tablish and enforce fines pursuant to this division.
thorize the village attorney to foreclose on liens imposed pursuant to this
which remain unpaid after a period of three months.
thorize the reduction of any fine imposed.
187. Imposition of fine; authority of village to make repairs; payment of
repairs.
6
(a) he special magistrate ~astef, upon notification by the code enforcement
office that an order has not been complied with by the set time or upon finding
that a repeat violation has been committed, may order the violator to pay a fine in
an a ount specified in this division for each day the violation continues past the
date et by the special magistrate ~asteF for compliance or, in the case of a
repea violation, for each day the repeat violation continues, beginning with the
date he repeat violation is found to have occurred by the code enforcement
office . In addition, if the violation is a violation described in section 2-181(e),
u n e u st of t e villa a the special magistrate may authorize the village to
make all reasonable repairs
which are required to bring the property into compliance and charge the violator
with t e reasonable cost of the repairs along with the fine imposed pursuant to
this s ction. Making such repairs does not create a continuing obligation on the
part o the village se~sit to make further repairs or to maintain the property and
does of create any liability against the village se~il for any damages to the
prope if such repairs were completed in good faith.
. If, after due notice and
heari g, the special maa= mastef finds a violation to be irreparable or
irreve sible in nature, he may order the violator to pay a fine as specified in
subse tion (b) of this section.
(b) fine imposed pursuant to this section shall not exceed $250.00 per day for
a first violation and shall not exceed $500.00 per day for a repeat violation, and,
in ad ition, may include all costs of repairs pursuant to subsection (a) of this
sectio .However, if the special a i tr a eF finds the violation to be
irrepa able or irreversible in nature, he may impose a fine not to exceed
$5,00 .00 per violation.
Sec. -188. Determination of amount of fine; imposition of lien.
(a) I determining the amount of the fine, if any, the special magistrate mastef
shall onsider the gravity of the violation, any actions taken by the violator to
corre t the violation, and any previous violations committed by the violator.
(b) certified copy of an order imposing a fine may be recorded in the public
recor s in the office of the clerk of the circuit court in and for Palm Beach Countv
and, once recorded, shall constitute a lien against the land on which
the vi lation exists, and upon any other real or personal property owned by the
violat r. 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
again t the personal property, but such order shall not be deemed otherwise to
be a udgment of a court, except for enforcement purposes. A fine imposed
pursu nt to this division shall continue to accrue until the violator comes into
compl ance or until a judgment is rendered in a suit to foreclose on a lien filed
pursu nt to section 2-189, whichever occurs first. A lien arising from a fine
pursu nt to this section runs in favor of the village and the village may execute a
satisf ction or release of lien entered pursuant to this division.
7
Sec. -189. Foreclosure of lien.
(a) fter three months from the filing of any a lien pursuant to section 2-188
which remains unpaid, the village may foreclose the lien in the same manner as
mortg ge liens are foreclosed or sue to recover a money judgment for the
amou t of the lien plus accrued interest, together with costs and a reasonable
attorn y's fee. The village shall be entitled to collect all costs incurred in
recor ing and satisfying a valid lien. Such lien shall be superior to all other liens
exce alien for taxes, and shall bear interest at the rate of ten percent per
annu from the date filed.
(b) o lien created pursuant to the provisions of this division may be foreclosed
on re I property which is a homestead under section 4, article X of the state
consti ution. The money judgment provisions of this section shall not apply to real
prope or personal property which is covered under section 4(a), article X of the
state nstitution.
Sec. -190. Duration of lien; collection of costs of lien and foreclosure action.
No lie provided under this i e dwisiee shall continue for a period longer than
20 ye rs after the certified copy of an order imposing a fine has been recorded,
unles within that time an action is commenced pursuant to section 2-189 in a
court f competent jurisdiction. In an action to foreclose on a lien or for a money
judg ent, the prevailing party is entitled to recover all costs, including a
reaso able attorney's fee, that it incurs in the action. The village EeuFlSil• shall be
entitl to collect all costs incurred in recording and satisfying a valid lien. The
contin ation of the lien effected by the commencement of the action shall not be
good against creditors or subsequent purchasers for valuable consideration
witho t notice, unless a notice of lis pendens is recorded.
Sec. -191. Notices.
(a) II notices required by this division shall be provided to the alleged violator
by:
(1) ertified mail, return receipt requested, provided that if such notice is sent
under this subsection to the owner of the property in question at the address
listed in the tax collector's office for tax notices, and at any other address
provid d to the local government by such owner, and is returned as unclaimed or
refus d, notice may be provided by posting as described in subsection (b)(2) of
this s ction and by first class mail directed to the addresses furnished to the local
gover ment with a properly executed proof of mailing or affidavit confirming the
first cl ss mailing;
(2) and delivery by the sheriff or other law enforcement officer, code
enfor ment officer, or other person designated by the village police chief
(3) Laving the notice at the violator's usual place of residence with any person
residi g therein who is above 15 years of age and informing such person of the
Conte is of the notice; or
(4) I the case of commercial premises, leaving the notice with the manager or
other erson in charge.
8
(b)
the
pub
(1)
the
unc
be
(2)
which
other
the pi
poste
(3) ~
attem
subse
(c) E
provic
postir
that tl
wheth
Sec.
Any
specie
be a
create
days
village
the re
Sec.
The v
court
forecl~
proce
years
i addition to providing notice as set forth in subsection (a) of this section, at
~tion of the special magistrate ~asteF, notice may also be served by
ation or posting, as follows:
uch notice shall be published once during each week for four consecutive
(four publications being sufficient) in a newspaper of general circulation in
>unty. The newspaper shall meet such requirements as are prescribed
F.S. ch. 50 for legal and official advertisements. Proof of publication shall
de as provided in F.S. §§ 50.041 and 50.051.
~ lieu of publication as described in subsection (b)(1) of this section, such
may be posted at least ten days prior to the hearing, or prior to the
lion of any deadline contained in the notice, in at least two locations, one of
shall be the property upon which the violation is alleged to exist and the
~f which shall be at the village hall. Proof of posting shall be by affidavit of
arson posting the notice, which affidavit shall include a copy of the notice
I and the date and places of its posting.
otice by publication or posting may run concurrently with, or may follow, an
>t to provide notice by hand delivery or by mail as required under
~tion (a) of this section.
vidence that an attempt has been made to hand deliver or mail notice as
ed in subsection (a) of this section, together with proof of publication or
~ as provided in subsection (b) of this section, shall be sufficient to show
ie notice requirements of this division have been met, without regard to
sr or not the alleged violator actually received such notice.
-192. Appeals.
ggrieved party, including the village, may appeal a ruling or order of the
I magistrate naasteF to the circuit court ^f~~eu. Such appeal shall not
hearing de novo, but shall be limited to appellate review of the record
d before the special magistrate master. The appeal must be filed within 30
rfter the hearing at which the order being appealed was announced. The
spesiiaf-eaaster shall establish reasonable charges for the preparation of
;ord to be paid by the petitioner.
-193. Commencement of lien foreclosure proceedings.
Ilage attorney is hereby authorized and directed to institute in the circuit
~f the 15th Judicial Circuit, State of Florida, foreclosure proceedings to
rse any and all liens imposed pursuant to this i le dw+sie~. Such
'dings shall be commenced by the village attorney from three months to 20
after the order of the special is rate naas~teF imposing the lien has been
ed in the public records of Palm Beach Countv t~k-e-se~ty.
Sec. -194. Reduction of fine or lien.
(a) T e owner of real property against which a fine or lien has been imposed
pursu nt to this division may apply to the special magistrate ~asteF, through the
villag attorney or his designee, for a satisfaction of the fine or lien with less than
full p yment.
. No such application shall be considered
9
ri e f r review .and action by the special ma is ra naas#e~ until the applicant has
first sl own that:
(1) II ad valorem property taxes, special assessments, village utility charges
and o her government-imposed liens against the subject real property have been
paid.
(2) he applicant is not personally indebted to the village for any reason.
(3) II village code violations have been corrected under necessary permits
issue therefor.
(b) I considering an application to reduce a fine or lien imposed pursuant to
this d vision, no reduction shall be approved by the special maaistrate naaeter,
unles the special maaistrate master shall make a specific finding that no
violati n of any ordinance described in section 2-154 exists on the subject real
(c) T e balance of any fine imposed pursuant to this division that is reduced by
the s ecial maaistrate ~astef shall be paid on such terms as approved by the
speci I maaistrate ~asteF.
(d) If the property for which an application for a fine reduction is being
consi ered is owned by a govemment or quasigovernment entity, the special
ma i rate n}aster may reduce such fine even if the violation has not been
Sec. -195. Citations authorized.
The c de enforcement officer is authorized, upon approval by the Chief of Police,
to iss e a citation to a person when, based upon personal investigation, the
office has reasonable cause to believe that the person has committed a civil
infra ion in violation of a duly enacted Code provision or ordinance and that the
count court will hear the charge.
Sec. -196. Procedure for issuance of citations.
Prior t issuing a citation, the code enforcement officer shall provide notice to the
peroo that the person has committed a violation of a Code provision or
ordin nce and shall establish a reasonable time period within which the person
must orrect the violation. . If,
upon investigation, the code enforcement officer finds that the person
has n t corrected the violation within the time period, the code enforcement
office may issue a citation to the person who has committed the violation. If the
s fe or w If r or i irre ara I or irreversi le th Tqe code enforcement
office does not have to provide the person with a reasonable time period to
corre the violation prior to issuing a citation. but instead aed may immediately
issue citation '
Sec. 21-197. Form and contents of citations.
10
A cit
the vi
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Conte
(8)
(9)
(10)
within
in s
the
lion issued by the code enforcement officer shall be in a form prescribed by
lage and shall contain:
he date and time of issuance.
he name and address of the person to whom the citation is issued.
he date and time the civil infraction was committed.
he facts constituting reasonable cause.
he number or section of the Code provision or ordinance violated.
he name and authority of the code enforcement officer.
he procedure for the person to follow in order to pay the civil penalty or to
>t the citation.
he applicable civil penalty if the person elects to contest the citation.
he applicable civil penalty if the person elects not to contest the citation.
A conspicuous statement that if the person fails to pay the civil penalty
the time allowed, or fails to appear in court to contest the citation, the
i shall be deemed to have waived his right to contest the citation and that,
h case, judgment may be entered against the person for an amount up to
~ximum civil penalty.
Sec. -198. Disposition of copies of citations.
After ssuing a citation to an alleged violator, the code enforcement officer shall
depo it the original citation and one copy of the citation with the county court.
Sec. -199. Adoption of schedule of violations and penalties.
The illage council may enact a schedule of violations and penalties to be
asses ed by code enforcement officers. Such ordinance shall provide:
(1) hat a violation of a Code provision or an ordinance is a civil infraction.
(2) maximum civil penalty not to exceed $500.00.
(3) civil penalty of less than the maximum civil penalty if the person who has
com fitted the civil infraction does not contest the citation.
Sec. -200. Grounds for issuance of citation; right to contest issuance.
(a) he issuance of a citation shall be by a code enforcement officer who has
reaso able cause to believe that a person has committed an act in violation of a
Code provision or an ordinance.
(b) he violator may contest the issuance of a citation in county court.
Sec. -201. Refusal to sign and accept citation.
Any p rson who willfully refuses to sign and accept a citation issued by a code
enfor ment officer shall be guilty of a misdemeanor of the second degree,
punis able as provided in F.S. § 775.082 or 775.083.
Sec. ~-202. Enforcement of building code.
11
The rovisions of this division shall not apply to the enforcement pursuant to F.S.
§§ 55 .79 and 553.80 of the Florida Building Code adopted pursuant to F.S. §
553.7 as applied to construction, provided that a building permit is either not
requi d or has been issued by the village.
Cros references: Buildings and building regulations, ch. 14.
State law references: Similar provisions, F.S. § 162.21(7).
Sec. -203. Provisions supplemental.
The itation method of enforcement
vuiage
ordins
in this
any of
State
Secs.
are additional and supplemental means of enforcing
codes or ordinances and may be used for the enforcement of any code or
nce, or for the enforcement of all codes and ordinances. Nothing contained
division shall prohibit the village from enforcing its codes or ordinances by
her means.
law references: Similar provisions, F.S. § 162.21(8).
2-204--2-230. Reserved.
Section 2: Each and every other section and subsection of Chapter 2.
Admi istration. shall remain in full force and effect as previously enacted.
Section 3: All Ordinances or parts of Ordinances in conflict herewith be
and t e same are hereby repealed.
Section 4: Should any Section or provision of this Ordinance or any
portio thereof, any paragraph, sentence or word be declared by a Court of
comp tent jurisdiction to be invalid, such decision shall not affect the validity of
the re ainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon
FIRST READING this day of February, 2010
SECOND AND FINAL READING this day of March 2010
12