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Home My WebLink AboutDocumentation_Regular_Tab 16_10/10/2013 VILLAGE �LERK' AGENDA ITEM TRAN� Redistributed from 9/12/13 Meeting 6�a�c9tia�g Date: Meetii�� Ty�e: Regul��r� t1�°e�rhiat'�e #� 3F��1;3 ------- J/�1 ? /'13 -- Gnnsent A�enda: iVo -- �e��l��tior� �f�: ----- --- -------------_ -- --- — ---- - - -----___---- -- _ _.___. __ ---- �riginati6i� Departr7ien�. Lee�al / �olic� � � � • • • e C ° • • -�• Ordinance 3��3 First _�c�E�cl�nq, AMENDING CHAPTER 2. ADMINISTRATION. ARTICLE IV. (�(�DE Ef�1=0�2CEM�iVT. DIVIJION 3. �NFO�CEMENT P�(JCEDUI�E:. C3Y �MCNUING SECTION 2-191. f�OTICES. IN CORlf=ORMANCL� WI'fH fol�:C{==.N�1� AIVICSN[:)Mf.�:i�1'�� I�C) �.a�f�Al�I-= I_/\W,�tij ��C�'I� I°ORI�I-f IN SEC. 162.12, FL ORIpA STATUT�:3 j�,;�li,�i�Xc: , � - � b��;a,Qjuyb��: ::�� _. _ - ��i�a�sa��afi: c��i �iai�> ��:{�e��: - _ __ -- ---- -__ --.. _ ------__ -- -___ _----___-- --- ��'�H��it�tra� x��A�7d��;�t€;�� P1u��x�a�g�� r��a��k�Yk�. �'�e��a��g��z 6Z�i�a��i�� a��;c;�• u��;�aao �uolget `�r�nsfer Required: Appropriate �und Balar�ceo `�,. llll' A �� !� o�• e� o� e a�- • d ., ,._-: .:y:. �".. <3.:>, ,._ �-� _. �. �.< �.�.�� _ _;� ,__} :: zf_,.v.� � . .� _ _ �_�.. ,_ � . s _ __ _,. �_1,_.-- - - ��e .— � � � e � .-.:_.>,. .: __<__ _...,. _.:.,..._ _ �_ .. .: :.. _ ... .,_ . . ,.�. . ..�_.. . . . . . ....," :_,.:v—: . „' '._ .-. l��pa�rtment Hc��ri ra��k�mitted by Lec��! r��.s9iG� -- -- _ -- -- ------ --- - _ _ ---- — - _---- - -- — --- ------ h'�9�f�lhuGe' ��pk�;Q 1��6' Reviewed ic�r Fin�nci�al Suiiicic�n�;y �_ _� �, � ; N� Financia! Impart� �_ � ' � C�� , -------- ---- - --- -- -- ----- - --- ---- ---- --- _ _-- 11t�c�a°i7ey: (1��r Ing��l 5uffici�ncy) , _-- _- _- - �� . �'._i i�'�f��l,,--- -___. __ -. -_ ____ --- \/dll�ac�� f1��r��e�c;r�; Submit i�or� C��.�nr,il Di�cussi�i�: �_-] n��E�rovc� Itc�r��: [ � C)eny li�irt: � � � � �'��'.� �� ;!�� i�i�Li�i �i��(i)�P.� ��1��`, ��-��i`i.�:��: Ilii ` Ili_��i��Y1_� JC�� i.iil±�[�9ii�_ '�aM�ll��i�l ��I �,�Ii�;Vi( I` I,��ld �J1�X��_':�)IID' I � � „ � I ll, a1;IlI'-1C�.Y (?il ��C(�M��N�:°-..1 1��1' \YA+�:i�l�ll 'dl'.;iI�1N S,I �.'.;Illl; � Nr...M,�.C�' � � , II�` ��._4' ( �I�!'�. iLtll� � Il-��` nN�� il!li i �tl . 4�C- .. I ---- -------- --_-- --------- . .. _ � ---- -----------_._ ._._---------___. __----------___. --- --------- -- Form Amended; 7/12/1� o�nvaxcE xo. 3s-i3 AN ORDINANCE OF THE VILLAGE COUNCII, OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 2. ADNIINISTR.ATION. 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 OFF�CIO RESPONSIBiLITIES OF THE VILLAGE MANAGER IN THE ABSENCE OF THE EMPLOYMENT OF CERTAIN DEPARTMEI�IT HEADS; AND ARTICLE IV. CODE ENFORCEMENT. DIVISION 3. ENFORCEMENT PROCEDURE. BY A►MENDING SECTION 2-191. NQTICES. iN C4NFORMANCE WITH RECENT AMENDMENTS TO STATE LAW AS SET FORTH IN SEC. 162.12, FLORIDA S7'ATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 2. ADMINISTRATiON. ARTICLE N. CODE ENF4RCEMENT. DIVISION 3. ENFORCEMENT PROCEDURE. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY .ADOPTED; PROVIDING A CONFLTCTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDIIJG 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. O�"icers, Employees and Departments. Division 2. Village Manager and Village Cierl�. of the Village Code of Ordinances in order to specify certain eac officio responsibilities of the village manager in the absence of the employment of eertain deparlment heads; and �VHEREAS, the Village Council of the Village of Tequesta, Flarida desires to amend Chapter 2. Administration. Article IV. Code Enforcement. Division 3. Enforcement Procedure. of the Village Code of Ordinances in ordex to �update its notice requirements far code enfarcement proceedings in conformance with recent amendments to Section 162.12, Florida Sta�utes, as made through the adoption of HB 269 during th� recent 2Q13 legislative 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 ORDATNED BY TI� VILLAGE COUNCIL OF THE VII.LAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 2. Adminisiration. 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 amendeti a# Section 2-81. Village manager, authority and duties. to 1 specify certain ex o�cio responsibilities of the village manager in the absence of the employment of certain department heads; praviding that Section 2-81 shall hereafter read as follows: DIVISION 2. - VTLLAGE MANAGER AND VILLAGE CLERK Sec. 2-Sl. Village manager; authority and duties. (a) Generally. The village manager shall generaliy be vested with the authority and duties as set forth in Sec. 3.03 of the Village Charter. (b) Ex ofTrcio re�ilities. The Viila�e Manager mav assume ex of�icio. the duties of de�rartment head for �denartm�� under his inrisdiction with the excention of l�e� �aoli�e .degartment and the fire denartmen� in the event that a se�rate denartment head "s not emnloved in that canacitv. (c) Contracts. Tbe village manager is autharized to sign contracts in the maximum amount of $25,000.00 withaut prior village council approval. Section 2: Chapter 2. Administration. Article N. Code Enforcement. Division 3. Enforcement Procedure. of the Code of Ordinances of the Village of Tequesta. is hereby amended at Sectian 2-191. Notices. In canformance with recent changes in state law to notice requirements; providing that Section 2-191 shall herea.i�er read as follows: DIVISION 3. - ENFORCEMENT PROCEDURE Sec. 2-191. - Notices. (a) All notices required by this division sha11 be provided to the alleged vioiatox by: (1) Certified mail� return ra;ei t re uesteci. to the address listed in the tax collector's office for tax notices, or to the ad.dress listed in the countv nronertv 'ser's database, The local �ove ent mav s vide an 'tional no 'c �e�e any other address it mav fmd for , the pmperly owner ' . For properly owned by a corporation, notices may be provided by certified mail to the re,gistered agent of the corporation. if any notice sent by certified mail is not signed as received within thirty {30) days after the nostmarked date of maiiing, notice may be provided by posting as described in subsection (b)(2) of tbis section; (2) Hand delivery by the sheriff or other law enforcement officer, code enforcement officer, or other persan 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 infornung such persan 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 t.�e aption 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 far four consecu�tive weeks (four publications being sufficient) in a newspaper of general circulation in the county. The newspaper shall meet such requ.irements 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 tlus section, such notice may be posted at least ten da.ys prior to the hearing, or prior to the expiration of any deadline cantained in the notice, in at least two locations, one af which shall be the properly upon which the violation is alleged to exist and the ather of which shall be at the viilage ha11. Proof af posting sha11 be by �davi# of the person posting the notice, wluch �davit sha11 include a copy of the notice posted and the d.ate and places of its posting. (3) Notice by publication or posting may run concurrently with, or may fo2low, an attempt to provide notice by hand delivery or by mail as reqtured under subsection (a) of tlus section. {c) Evidence that an aitempt 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 sectian, shall be suf�icient to show that the notice requirements of this division have beeu met, without regard to whether or __ not the allegecl violator a.ctually received such notice. Sectian 3: Each and every other section and subsection of Chapter 2. Ad.ministration. Article IV. Code Enfom.ement. Division 3. Enfarcement Procedure. sha11 remain in full force and effect as previously enacted.. Seetian 4: All ordinan.ces or parts of ordinances in conflict herewith be and the same are hereby repealed. Sectioa 5: Should a�y section or provision of this ordinanc� or any portion thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision sha11 not �ffect the validity of the remainder of this ordinance. Section 6: Specific authority is hereby granted to codify and incorpora.#e this ordinance intv the e�sting Code of Ordinances of the Village of Tequesta. Section 7: This ordinance shall take effect immeriiately upon adoption. 3 Mayo, Deanna From: McWilfiams, Lori Sent: Tuesday, September 03, 20131:22 PM To: keith�cwd-legai.com Cc: Mayo, Deanna; Telfin, Debra; Couzzo, Michael Subject: Res 27-13 ElectianResuits.doc Attachments: Res 27-13 ElectionResults.dac Keith, �I�re is fihe etection certification resolution. Please review. Deanna, Prepare routing sheet, attach resofution (after approved by Keith) and attach a copy af the official re�ults. Send to Finance with a sticky — no �nancial impact. Sign my name under Department Head. Lori i