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Home My WebLink AboutDocumentation_Regular_Tab 14_12/08/2011 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 21-11 ecember 8, 2011 Consent Agenda: No Resolution #: Originating Department: Community Development AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) SECOND 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 second 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: SIGNA Department Head � ! .^ Finance Director Reviewed for Financial Suffi�ie �� No Financial Impact � � Attorney: (for legal sufficienc Village Manager: � � � ��-- - --'� Submit for Council Discussion: l 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 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. • WHEREAS, the Village Council of the Village of Tequesta desires to revise the penalty provisions of its zoning code in conformance with the eode 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 hea.lth, 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 1 • with the code enforcement special magistrate process; providing that Sec. 78-6. sha11 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 nrovisions of the Villa�e Code of Ordinances at Chanter 2. Administration. Article IV, Code Enforcement. �-gefse�ttpe� , .,�� ,,,,�+� .,,,a o „�..oa ;., +�.,o „ (2) The owner or tenant of any building, structure, 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 bv law ;� *'�; ��*;� (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 sha11 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 t�ee��, � ^� ^� °� ��"�e �'�� a� ;� �� :�� T� �„�'� temporary and permanent injunctions as are necessary to prevent or reme 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 an annlicant �3�-pe�se� aggrieved by �} administrative action �ee�e� of the Villa�e Mana�er the Communitv Develonment Director or the Buildin� Official, or their desi�ees, °��^°r ^'�°�-^°a .=n*'� °�� r^°�° ^�*'�^* „��;�� *'�;° ^'�°r*°r relating to the powers and duties of the board of adjustment or the village council under this chanter, as annronriate. For nurnoses • of this section, the nrenaration or submittal of a staff renort or its eauiva.lent shall not be considered administrative action subiect to annellate review. Such appeal sha11 be taken within 15 days of receipt the written decision being appealed, by filing with the village clerk a notice of 2 • appeal specifying the grounds thereof. The erson s e�€se� from whom the appeal is taken sha11 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 shall 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 er o 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 imrnediately upon passage. FIRST READING this day of November, 2011 SECOND AND FINAL READING this day of December, 2011 • 3 PUBLIC NOTICE TEQUESTA VILLAGE COUNCIL • The Village Council of the Village of Tequesta. will conduct a public hearing on Thursday, December 8, 2011 at 6:00 p.m., or as soon thereafter as possible, in the Village Council Chambers located at 345 Tequesta Drive, Tequesta, Florida to hear public comments and take fmal action on second and final reading regarding the following proposed ordinances: 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 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 EFFECTNE DATE; AND FOR OTHER PURPOSES. ORDINANCE NO. 24-11 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ITS COMPREHENSIVE PLAN TO UPDATE THE CAPITAL IMPRROVEMENTS ELEMENT FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE AS PROVIDED 1N SECTION 163.3177(3)(b), FLORIDA STATUTES; PROVIDING THAT THE TEXT, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE IN FULL THE EXISTING TEXT IN THE ADOPTED CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR TRANSMITTAL OF A COURTESY COPY OF THE ADOPTED AMENDMENT TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Related documents are available for inspection and copying in the office of the Village Clerk in the Village Hall, Monday through Friday, from 8:30 a.m. to 5:00 p.m. All interested parties may submit written or oral comments before or at the public hearing. • If a person decides to appeal any decision made by the Village Council with respect to any matter considered at such meeting or hearing, that person will need a record of the proceedings, and for such purpose, that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The Village of Tequesta does not provide such a record. • POSTED: November 23, 2011 PUBLISH: November 27, 2011 • �