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HomeMy WebLinkAboutOrdinance_04-13_02/14/2013 ORDINANCE NO. 04-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 1. GENERAL PROVISIONS BY AMENDING SEC. 1 -14 GENERAL PENALTY; CONTINUING VIOLATIONS. TO ELIMINATE REFERENCE TO IMPRISONMENT AND BY CONFORMING THIS SECTION TO THE PENALTIES OTHERWISE IMPOSED PURSUANT TO THE VILLAGE'S CODE ENFORCEMENT PROCESS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 1. GENERAL PROVISIONS. 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 amend the Village Code of Ordinances at Chapter 1. General provisions. Sec. 1 -14. General penalty; continuing violations, to remove reference to imprisonment and to conform the general penalty provisions with penalties imposed through the Village's code enforcement process; and WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the Village amend its general penalty code as stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1 : Chapter 1. General Provisions. of the Code of Ordinances of the Village of Tequesta is hereby amended at Sec. 1 -14 General penalty; continuing violations. to revise the general penalty by eliminating reference to imprisonment and by conforming this section to the penalties otherwise imposed pursuant to the Village's code enforcement process; providing that Sec. 1 -14 shall hereafter read as follows: Sec. 1-14. - General penalty; continuing violations. Whenever in this Code or in any ordinance of the village any act is prohibited or is made or declared to be unlawful, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or ordinance shall be punished by a fine not exceeding $250.00 per day for a first offense, or $500.00 per day for a repeat offense for the same violation that occurs within five years of a previous offense. Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense. This section shall not be construed to conflict with any provision for penalties imposed for any offense under the laws of the state. Section 2: Each and every other Section and Subsection of Chapter 1. General Provisions. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: 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 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon passage. 2 Upon Second Reading this 14'' day of February 2013, the foregoing Ordinance was offered by Council Member Brennan who moved its adoption. The motion was seconded by Council Member D'Ambra 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 Frank D'Ambra X Council Member Steve Okun X The Mayor thereupon declared the Ordinance duly passed and adopted this 14' day of February 2013. MAYOR OF TEQ STA Tom Paterno ATTEST: G Dec'' Lori McWilliams, MMC �' :: GORp�. Village Clerk = • / s y� ti �'. 0 9a -ME 09q` m'C) F�ORIDP ♦ `• r,' !!1111141 \ \ \ \! ♦ ♦♦ 3