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Home My WebLink AboutOrdinance_21-11_12/08/2011 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; PENAI.TIES. BY AMENDING THIS SECTION TO REVISE THE PENALTY PROVISIONS IN CONFOP:MANCE 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 ADIVIINISTRATIVE 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 cade 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 heaith, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL 4F 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 a�nended at Article I. In General. Sec. 78-6. Enforcernent 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. shall hereafter read as follows: Sec. 78-6. Enforcement officer; violations; penalties. �nforcement o�cer. 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. Allesed violations mav be cured bv the village nursuant to the tirovisions of the Villa�e Code of Ordinances at Chanter 2 Administration Article IV Code Enforcement. �-�e�sex-�e� , (2) T'he 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 Enfo rcement . . - _ - - -- - -----__ (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 sha11 have the right to apply to the circuit court of the county to enjoin and restrain any person violating any provision of this chapter• a d to request all necessarv and aunronriate *�, ee�•�*��r-eo� ��°, °"°" '�°<,o ,-�,o_a�,,�.__�r_;r�.,� �t�i�sl� 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 xevise 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 viliage council, as appropriate, may be taken by avn� �er-se� aggrieved by a� ��strative acrion �es�s�e� of the Villa�e Mana�er, t he Communitv D evelonment Director or the Buildin� Offic ial,_or_their desienees '' •' relating to the powers and duties of the board of adjustrnent or the village council u_nder this chanter. as annronriate. For nutrooses of�his section the nrebaration or submittal of a staff renort ar its eauivalent shall not be �onsidered 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 �e.�� .Qn s1 � 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 notic� 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 dec�de 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 properly for which the appeal is sought or the agent or attorney designated by the owner on the subrnitted notice of appeal sha11 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 acrion appealed from, wiless the •son. e�€ee� from whom the appeal is taken certifies to the board of ad.juslment 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 sta.y 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. sha11 remain in fu11 force and effect as previously enacted. Section 4: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SecHan 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, sueh decision sha11 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. 3 Upon Second Reading this 8 day of December 2011, the foregoing Ordinance was offered by Council Member Turnquest who moved its adoption. The motion was seconded by Council Member Humpage and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Tom Paterno X Vice-Mayor Vince Arena X Council Member Abby Brennan X Council Member Jim Humpage X Council Member Calvin Turnquest Absent The Mayor thereupon declared the Ordinance duly passed and adopted this 8 day of December 2011. MAYOR OF TEQUESTA y ;.; ' : , ,-._':_ _ . 1: Tom Paterno �I ATTEST: `�� ,,�� ;�F: . � � `� G�� o �'Q�G�`'` � 6ti1 6 ��1�.C�_��' � �'��'-� :. Lori McWilliams, MMC = COAPpR � � Village Clerk ;�'�'•. r �� ,� p ��'�9T ' • .`�,.. � �`��, ��',� `�� "�1��Pa``��