No preview available
HomeMy WebLinkAboutDocumentation_Regular_Tab 12_04/10/2014 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 8-14 - First Reading 4/10/14 Consent Agenda: No Resolution #: Originating De�artment: Legal -- -- -____ ___ ____ __ _-- - ' �' •• • • C -• • -�• ORDINANCE NO. 8-14. FIRST READING, AMENDING CHAPTER 2. ADMINIS��_ �� "_ . ' CODE ENFORCEMENT. DIVISION 3. ENFORCEMENT PROCEDURE. BY AMENDING SECTIONS 2-183, 2- 184 AND 2-185. OF THE VILLAGE CODE OF ORDINANCES TO PROVIDE UPDATED REGULATIONS REGARDING THE RECOVERY OF ADI'�INISTRATIVE COSTS, IN CONFORMANCE WITH RECENT COURT RULINGS; 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. : � • . .. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: � �- . Appropriate Fund Balance: � � = _ - , � � ' � � ' �' .• • •- • � • .�- •. _ __ _ _ --- - -----..._ ------- - _--- ,"'• ��� . De�� _ _ � ,_ Submitted by Legal Finance Director or Representative ; Reviewed for Financial Sufficiency [�'` i, fti�� ��f; Y , No Financial Impact ❑ � Attorney: (for legal sufficiency) Village Manager: _______ ___- -- _ , _.�-----:�., _ _,_. Submit for Council Discussion: 0 ..�-��` °`°�A., Approve Item: ❑ Deny Item: � _ ___ - --- -_ - -- -- - . . � � . . �: _ _ ____ _._ __ . � a .. � ,. � .- . .. - . . -. . . ." � _ m _ ' {� ' = Form Amended: 3/14/14 ORDINANCE NO. 8-14 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 2. ADMINISTRATION. ARTICLE IV. CODE ENFORCEMENT. DIVISION 3. ENFORCEMENT PROCEDURE. BY AMENDING SECTTONS 2-183, 2-184 AND 2-185. OF THE VILLAGE CODE OF ORDINANCES TO PROVIDE UPDATED REGULATIONS REGARDING THE RECOVERY OF ADMINISTRATIVE COSTS, IN CONFORMANCE WITH RECENT COURT RULINGS; 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 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 IV. Code Enforcement. Division 3. Enforcement Procedure. Sections 2-183, 2-184 and 2-185. of the Village Code of Ordinances to provide updated regulations regarding the recovery of administra#ive costs, in conformance with recent court rulings; 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 IV. Code Enforcement. Division 3. Enforcement Procedure. of the Code of Ordinances of the Village of Tequesta. is hereby amended at Sections 2-183, 2-184 and 2-185. to provide updated regulations regarding the recovery of administrative costs, in conformance with recent court rulings; providing that Sections 2-183, 2- 184 and 2-185 sha11 hereafter read as follows: DIVISION 3. ENFORCEMENT PROCEDURE - - - -_ _ --- ---_ - - Sec. 2-183. Burden of proof. At the hearing, the burden of e� proof sha11 be upon the village to show by competent substantial evidence that a violation did occur or does �xist ar has been Page 1 of 3 repeated. Assuming proper notice of hearing has been given to the respondent, either as actual notice, or as otherwise provided in this division, a hearing may proceed in the absence of a respondent. Sec. 2-184. Testimony, evidence and witnesses administrative co ctc. (a) All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply but fundamental due process shall be observed and shall govern the proceedings. Irrelevant, immaterial and unduly repetitious evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the state. Documentary and physical evidence may be admitted. (b) The special magistrate may inquire of any witness who is testifying before him. The respondent or his attorney and the village attorney or the code enforcement officer sha11 be permitted to inquire of any witness before the special magistrate. The special magistrate may call any witness deemed necessary to provide a full and fair hearing of the case. (c) Each case before the snecial ma�istrate shall be nresented bv the Villa�e Attornev or bv a member of the Villa�e's code enforcement staff. If the Villa�e nrevails in prosecutin� the case before the snecial ma�istrate. it sha11 be entitled to recover all costs incurred in nrosecutin� the case before the snecial masistrate and such costs __ _ mav be included in the lien authorized under section 2-188 For nurnoses of this sectian. the term "all costs" includes the followin�: � �1 Attornev's fees incurred bv the Village in prosecutin� all asnects of anv case brought before the snecial ma�istrate: 2� �ecial ma�istrate fees incurred bv the Villa�e for a11 asnects of the case heard bv the snecial ma�i trate• 3� Costs incurred bv the Villa�e for nrovidin� notice inclu bosta�e costs• 4� Costs incurred bv the Villa�e for creatin� and nresentin� bhoto�rabhic or other evidence of the violation for the snecial ma�istrate hearin�• and 5� Exnert witness fees incurred bv the Villa�e in nrosecutin� anv case brou�ht before the sbecial magistrate Sec. 2-185. Issuance of order. At the conclusion of the hearing, the special magistrate shall issue findings of facts based on the evidence on the record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted in this article. The order shall be stated orally at the meeting, and sha11 be reduced to writing and provided to the alleged violator within ten working days after the hearing. The order shall. as annlicable. � include a notice that it must be complied with by a specified date and that a fine, as well as the cost of repairs as provided in section 2-187, may be imposed if the order is not complied with by such date. The order shall also include a notice that administrative costs as nrovided in section 2-184 are to be imnosed. A certified copy of such order may be recorded in the public records of Palm Beach County and sha11 constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers or successors in interest or assigns. Page 2 of 3 Section 2: 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 3: All ordinances or parts of ordinances in conflict herewith be and tbe 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 and incorporate this ordinance into the existing Code of Ordinances of the Village of Tequesta. Section 6: This ordinance sha11 ta.ke effect immediately upon adoption. Page 3 of 3