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Home My WebLink AboutDocumentation_Regular_Tab 19_09/12/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 36-13 9/12/13 Consent Agenda: No Resolution #: Originating Department: Legal / Police ' �' • • • • - C - • • -�• Ordinance 36-13, First Readinq, AMENDING CHAPTER 2. ADMINISTRATION. ARTICLE IV. CODE ENFORCEMENT. DIVISION 3. ENFORCEMENT PROCEDURE. BY AMENDING SECTION 2-191. NOTICES. IN CONFORMANCE WITH RECENT AMENDMENTS TO STATE LAW AS SET FORTH IN SEC. 162.12, FLORIDA STATUTES � . . -. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: Appropriate Fund Balance: _ ' ' • ' •' .• � •- • • .�- •. . - � . . Department Head Submitted by Legal Po i e � �� ` � : _ Finance Director Reviewed for Financial S iciency ❑ /� � ' No Financial Impact � ��"' � I Attorney: (for legal sufficiency) �,� �� , �� ,� i1��.- ��,,�f� ,, ,� Village Manager: Submit for Council Discussion: 0 �'' Approve Item: ❑ Deny Item: � � o • - . . - _. - - . -. .- . .- - .- . ..- a . -.. .._ - . - - . - Form Amended: 7/12/12 ORDINANCE NO. 36-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VIL,LAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 2. ADMINISTRATION. ARTICLE III. OFFICERS, EMPLOYEES AND DEPARTMENTS. DIVISION Z. VILLAGE MANAGER AND VILLAGE CLERK. OF THE VILLAGE CODE OF ORDINANCES 1N ORDER TO SPECIFY CERTAIN EX OFFICIO RESPONSIBILITIES OF THE VILLAGE MANAGER IN THE ABSENCE OF THE EMPLOYMENT OF CERTAIN DEPARTMENT HEADS; AND ARTICLE IV. CODE ENFORCEMENT. DIVISION 3. ENFORCEMENT PROCEDURE. BY AMENDING SECTION 2-19L NOTICES. IN CONFORMANCE WITH RECENT AMENDMENTS TO STATE LAW AS SET FORTH IN SEC. 162.12, FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 2. ADMINISTRATION. ARTICLE IV. CODE ENFORCEMENT. DIVISION 3. ENFORCEMENT PROCEDURE. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHOR.ITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta, Florida desires to amend Chapter 2. Administration. Article III. Officers, Employees and Departments. Division 2. Village Manager and Village Clerk. of the Village Code of Ordinances in order to specify certain ex o�cio responsibilities of the village manager in the absence of the employment of certain department heads; and WHEREAS, the Village Council of the Village of Tequesta, Florida desires to amend Chapter 2. Administration. Article IV. Code Enforcement. Division 3. Enforcement Procedure. of the Village Code of Ordinances in order to update its notice requirements for code enforcement proceedings in conformance with recent amendments to Section 162.12, Florida Statutes, as made through the adoption of HB 269 during the recent 20131egislative session; and WHEREAS, the Village Council believes these amendments to its Code of Ordinances is in the best interests of the citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VTLLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 2. Administration. Article III. Officers, Employees and Departments. Division 2. Village Manager and Village Clerk. of the Code of Ordinances of the Village of Tequesta is hereby amended at Section 2-81. Village manager; authority and duties. to 1 specify certain ex officio responsibilities of the village manager in the absence of the employment of certa.in department heads; providing that Section 2-81 shall hereafter read as follows: DIVISION 2. - VILLAGE MANAGER AND VILLAGE CLERK Sec. 2-81. Village manager; authority and duties. (a) Generally. The village manager shall generally be vested with the authority and duties as set forth in See. 3.03 of the Village Charter. (b) Ex officio resnonsibilities. The Village Mana�er mav assume ex officio, the duties of debartment head for anv denartment under his iurisdiction with the excention of the nolice denartment and the fire denartment. in the event that a senarate denartment head is not emnloved in that canacitv. (c) Contracts. The village manager is authorized to sign contracts in the m�imum amount of $25,000.00 without prior village council approval. Section 2: Chapter 2. Administration. Article IV. Code Enforcement. Division 3. Enforcement Procedure. of the Code of Ordinances of the Village of Tequesta is hereby amended at Section 2-191. Notices. In conformance with recent changes in sta.te law to notice requirements; providing that Section 2-191 shall hereafter read as follows: DIVISION 3. - ENFORCEMENT PROCEDURE Sec. 2-191. - Notices. (a) All notices required by this division shall be provided to the alleged violator by: (1) Certified mail, return receint reauested, to the address listed in the tax collector's office for tax notices or to the address listed in the countv nroaertv appraiser's database. The local �overnment mav also �rovide an additional notice to s�e any other address it mav find for „��'°�' *^ *'�°'��°' ^° °r*'�� the property owner �=t��e�° ^� M �^*�^°°. For property owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If any notice sent by certified mail is not signed as received within thirty (30) days after the postmarked date of mailing, notice may be provided by posting as described in subsection (b)(2) of this section; (2) Hand delivery by the sheriff or other law enforcement officer, code enforcement officer, or other person designated by the village council; (3) Leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or (4) In the case of commercial premises, leaving the notice with the manager or other person in charge. 2 (b) In addition to providing notice as set forth in subsection (a) of this section, at the option of the special magistrate, notice may also be served by publication or posting, as follows: (1) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county. The newspaper shall meet such requirements as are prescribed under F.S. ch. 50 for legal and official advertisements. Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051. (2) In lieu of publication as described in subsection (b)(1) of this section, such notice may be posted at least ten days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at the village hall. Proof of posting shall be by affidavit of the person posting the notice, which affida�it shall include a copy of the notice posted and the date and places of its posting. (3) Notice by publication or posting may run concurrently with, or may follow, an attempt to provide notice by hand delivery or by mail as required under subsection (a) of this section. (c) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a) of this section, together with proof of publication or posting as provided in subsection (b) of this section, shall be sufficient to show that the notice requirements of this division have been met, without regard to whether or not the alleged violator actually received such notice. Section 3: Each and every other section and subsection of Chapter 2. Administration. Article IV. Code Enforcement. Division 3. Enforcement Procedure. 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 and incorporate this ordinance into the existing Code of Ordinances of the Village of Tequesta. Section 7: This ordinance shall take effect immediately upon adoption. 3 Mayo, Deanna From: McWiiliams, Lori Sent: Tuesday, September 03, 2013 1:22 PM To: keith@cwd-legal.com Cc: Mayo, Deanna; Telfrin, Debra; Couzzo, Michael Subject: Res 27-13 ElectionResults.doc Attachments: Res 27-13 ElectionResults.doc Keith, #iere is the election certification resolutian. Please review. Deanna, Prepare routing sheet, attach resolufiion (after approved by Keith) and attach a copy of the official results. Send to Finance with a sticky — no financial impact. Sign my name under Department Head. Lori i