HomeMy WebLinkAboutDocumentation_Regular_Tab 17_11/10/2011 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 21-11
Nov. 10, 2011
Consent Agenda: No Resolution #:
Originating Department: Community Development
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
FIRST READING ORDINANCE 21-11: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE I.
IN GENERAL. AT SECTION 78-6. ENFORCEMENT OFFICER; VIOLATIONS; PENALTIES. BY AMENDING THIS
SECTION TO REVISE THE PENALTY PROVISIONS IN CONFORMANCE WITH THE CODE ENFORCEMENT SPECIAL
MAGISTRATE PROCESS; AND ARTICLE III. APPEALS AND VARIANCES. AT SECTIONS 78-63. APPEAL
PROCEDURE. AND SECTION 78-64. STAY OF PROCEEDINGS PENDING DECISION ON APPEAL. BY AMENDING
THESE SECTIONS TO REVISE THE VILLAGE'S ADMINISTRATIVE APPEAL PROCESS; PROVIDING THAT EACH
AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. 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.
BUDGET / FINANCIAL IMPACT:
Account #: N/A Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: No Appropriate Fund Balance: No
EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
This is first reading of a proposed Ordinance, which amends the Village Code at Chapter 78, to revise the
penalty provisions of the zoning code in conformance with the code enforcement special magistrate process,
and to amend the zoning code administrative appeal process.
APPROVALS: IGNATURE: -=�.
Department Head '
Finance Director �`
_ _ ___-
Reviewed for Financial Sufficiency ❑ � �
No Financial Impact ,_ �' �
Attorney: (for legal sufficiency)
Village Manager: - -- -
Submit for Council Discussion: ❑ `- � � � "'' `
Approve Item: ❑
Deny Item: �
SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the
number of copies you want signed and place "Sign Here" sticker on them)
ORDINANCE NO. 21-11
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. ARTICLE I. IN GENERAL.
AT SECTION 78-6. ENFORCEMENT OFFICER; VIOLATIONS;
PENALTIES. BY AMENDING THIS SECTION TO REVISE THE
PENALTY PROVISIONS IN CONFORMANCE WITH THE CODE
ENFORCEMENT SPECIAL MAGISTRATE PROCESS; AND ARTICLE
III. APPEALS AND VA RIANCES. AT SECTIONS 78-63. APPEAL
PROCEDURE. AND SECTION 78-64. STAY OF PROCEEDINGS
PENDING DECISION ON APPEAL. BY AMENDING THESE SECTIONS
TO REVISE THE VILLAGE'S ADMINISTRATIVE APPEAL PROCESS;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 78. 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 penalty
provisions of its zoning code in conformance with the code enforcement special magistrate
process; and
WHEREAS, the Village Council of the Village of Tequesta further desires to amend the
zoning code administrative appeal process; and
WHEREAS, the Village Council believes that these revisions to the Code of Ordinances
will encourage future development in the Village in conformance with Village Code, and 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 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article I. In General. Sec. 78-6. Enforcement Officer, violations; penalties.
by amending this section to revise the Village's zoning code penalty provisions in conformance
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with the code enforcement special magistrate process; providing that Sec. 78-6. shall hereafter
read as follows:
Sec. 78-6. Enforcement officer; violations; penalties.
Enforcement officer. The village manager or his designate is hereby authorized and directed to
enforce this chapter.
(a) Violations; penalties.
(1) Violation of the provisions of this chapter or failure to comply with any of its requirements
(including violation of conditions and safeguards established in connection with grants of
variances or special exceptions), �„^*�^° '��• �••�"��° ���^�°', shall constitute a violation.
Alle ed violations mav be cured bv the villa�e nursuant to the provisions of the Villa�e Code of
Ordinances at Chanter 2. Administration. Article IV. Code Enforcement. ��e�sex�
.,,� ,.,,��� ,,.,a.ev,..o„�o� ; ,,.�.,oa ;,� *�.e „
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(2) The owner or tenant of any building, shucture, premises, or part thereof and any architect,
building contractor, agent, or other person who commits, participates in, assists in, or maintains
such violation may each be found guilty of a separate offense and suffer the penalties provided
b� ;,, ,-�.: o,.+;,,
(3) It shall be unlawful for any person to destroy, move, remove, or deface or obscure any sign
or notice erected or posted pursuant to the requirements of this chapter or Chanter 2.
Administration. Article IV, Code Enforcement
(4) Nothing contained in this section shall prevent the village or any aggrieved or interested
person from taking any other lawful action necessary to prevent or remedy any violation. The
village or any aggrieved or interested person shall have the right to apply to the circuit court of
the county to enjoin and restrain any person violating any provision of this chapter; and to
reauest all necessarv and annronriate �•�-, � �e� °, °'�°" "°�,° *'�° a *� ; °
� r+��s� temporary and permanent injunctions as are necessary to prevent or remedv the
violation.
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article III. Appeals and Variances. Sec. 78-63. Appeal procedure, and Sec.
78-64. Stay of proceedings pending decision on appeal, by amending these sections to revise the
Village's zoning code administrative appeal process; providing that Sections 78-63 and 78-64
shall hereafter read as follows:
Sec. 78-63. Appeal procedure.
(a) Appeals to the board of adjustment or the village council, as appropriate, may be taken by
ani� �per•sei� aggrieved by ,a.� administrative action �e�} of the Villa�e Manaeer
the Communitv Develonment Director or the Buildin� Official, or their desi�nees.
relating to the powers and duties
of the board of adjustment or the village council under this chanter. as annronriate. For nuruoses
of this section. the brenaration or submittal of a staff renort or its eauivalent shall not be
considered administrative action subiect to annellate review. Such appeal shall be taken within
15 days of receipt the written decision being appealed, by filing with the village clerk a notice of
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appeal specifying the grounds thereof. The rson s e€€�e� from whom the appeal is taken shall
forthwith transmit to the village clerk all of the papers constituting the record upon which the
action was taken.
(b) The board or the village council, as appropriate, shall fix a reasonable time for the hearing
of the appeal, give public notice thereof, by sending notice through regular mail to property
owners of record within a 300-foot radius of the outermost perimeter of the subject property and
by publication in a newspaper of general circulation within the community, a minimum of ten
days in advance of the public hearing and decide the same within a reasonable time. Upon the
hearing, any party may appear in person, by agent or by attorney.
(c) The owner of the property for which the appeal is sought or the agent or attorney designated
by the owner on the submitted notice of appeal sha.11 be notified by mail of the date and time of
the hearing.
Sec. 78-64. Stay of proceedings pending decision on appeal.
An appeal stays all proceedings in furtherance of the action appealed from, unless the erson s
^�� from whom the appeal is taken certifies to the board of adjustment or the village council,
as appropriate, after the notice of appeal shall have been filed with him, that, by reason of facts
stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In
such case, proceedings shall not be stayed otherwise than by a restraining order, which may be
granted by a court of record on application, on notice to the officer from whom the appeal is
taken and on due cause shown.
Section 3: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 4: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 5: Should any Section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall become effective immediately upon passage.
FIRST READING this day of November, 2011
SECOND AND FINAL READING this day of December, 2011
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