HomeMy WebLinkAboutOrdinance_36-13_10/10/2013 ORDINANCE NO. 36-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING 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 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 -191. 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.
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, 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 officio 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 2013 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 ORDAINED BY THE VILLAGE 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
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specify certain ex officio responsibilities of the village manager in the absence of the employment
of certain 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 Sec. 3.03 of the Village Charter.
(b) Ex officio responsibilities The Village Manager may assume ex officio, the duties
of department head for any department under his iurisdiction with the exception of
the police department. the fire department and the public safety department, if
v., in the event that a separate department head is not employed in that capacity.
(c) Contracts. The village manager is authorized to sign contracts in the maximum
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 state 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 receipt requested, to the address listed in the tax
collector's office for tax notices or to the address listed in the county prop
Apra : database. The local government may also or�vide an additional notice
W-er-te any other address it may find for the
property owner in . 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 pQstmarked 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.
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(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 affidavit 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.
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Upon Second Reading this I O day of October 2013, the foregoing Ordinance was offered by
Council Member Okun who moved its adoption. The motion was seconded by Council Member
Paterno and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Abby Brennan X
Vice -Mayor Vince Arena X
Council Member Steve Okun X
Council Member Tom Paterno X
Council Member Frank D'Ambra ABSENT
The Mayor thereupon declared the Ordinance duly passed and adopted this 10 day of October
2013.
MAYOR OF TEQUES A
1 ai rennan
ATTEST:
Lori McWilliams, MMC
Village Clerk SSSTA
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