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Home My WebLink AboutDocumentation_Regular_Tab 06_05/08/2014 VILLAGE CLERK': Redistributed from first AGENDA ITEM TRANSI Meeting Date: Meeting Type: Regular read i ng 4/10/14 � Consent Agenda: No � Reso{ution #: , Originating Department: Legal � 1 � ' �' •• . • : -• • -•• ORDINAN_CE NO. 8-14. FIRST READING, AMENDING CHAPTER 2. ADMlNISTRATlON. ARTICLE IV. 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 REGULATlONS REGARDING THE RECOVERY OF ADM(NISTRATIVE COSTS, IN CONFORMANCE WITH RECENT COURT RULINGS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECT(ON OF CHAPTER 2. ADMINISTRAT(ON. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLfCTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO � COD(FY; 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: � - _ ....- �. - _ - • •- , .• . .- . . . ..- .. i ,...� , , Department Head Submitted by Legal Finance Director or Representative ,� ,, �, f Reviewed for Financial Sufficiency � ;, 4% � No Financial Impact ❑ "� ' Attorney: (for legal sufficiency) Village Manager: __._�_ ., - Submit fo� Council Discussion: � �-- �. Approve Item: � Deny Item: � � • • • - . . - .. -- - . -. .- - . .- - .- . ..- . . -. _ ..,_ - . - - - . - i Form Amended: 3/14114 ORDINANCE AiO. &14 AN ORDINANCE OF THE VII.,LAGE COUNCII., OF 'fHE VILLAGE 4F TEQUESTA, FLORIDA, AMENDING CHAPTER 2. ADNIINISTRATION. ARTICLE IV. CODE ENFORCEMENT. DIVISIOAI 3. ENFORCENIE�TT PROCEDURE. BY AMENDING SECTIONS 2-183, 2-184 AND 2-185. OF THE VII.LAGE CODE OF ORDINANCES TO PROVIDE UPDATED REGULATTONS REGARDING 1� RECOVERY OF ADMINISTRAZNE COSTS, IN CONFORMANCE �VITH RECENT COURT RULINGS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB- SECTION OF CHAPTER 2. ADMIlVISTRATION. SHALL R.ENIAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AAT EFFECTIVE DATE; AND FOR OTI�R PURPOSES. WHEREAS, the Village Coimcil of the V'illage of Teque�a, Florida desires to amend Chapter 2• Adminishatiion, Afiicle IV. Code Enforcement Division 3. Enforcement Procedure. Sections 2-183, 2-184 and 2-185. of the Village Cale of Ordinances to pravic�e updated regulations regarding the rexovery of administrative c�sts, in conformance with recen.t court rulings; and WHEREAS, the Village Council believes these amendmen� to its Cflde of Ordin�ces is in the be.st inte�sts of the citizens of the Villa�e of T�u�esta. NOW, THEREFORE, BE IT ORDAINED BY THE VII�LAGE COUNCII. OF THE VII.,LAGE OF TEQUESTA, FLORIDA, THAT: on 1• Chap#er 2. Administiation. Article IV. Code Enforc�ment. Division 3. Enforcemeat Procedure. of the Code of Ordinance.s of the Village of Tequesta is hereby amead� at Sections 2-183, 2-184 and 2-185. to provide u�iate,d regulations regatdi.ng the recovery of administrat�ive costs, in conformance with recent court rulings; providin� t�hat Se�tions 2-183, 2- 184 and 2-185 shall hereafter read as follows: DIVISION 3. ENFORCEMENT PROCEDURE S�. 2-l�i. Burden of proo£ At the hearing, the b�d.en � eF proof shall 1� u�n the village to show by com�nt subs�tan.tial evidence that a violation did occur or do�.s exist or has been Page 1 of 3 repeated. Assumung proper notice of haring has been given to the r�spondent, either as actual notice, or as otherwise provided in this division, a hearing m�y pmce� in the absence of a r�pondent. Sec. 2-184. Test�mony, evidence and witnases: tive (a) All tsstimony shall be under oath aad shall be recorded. Fornial ruie.s of evidence shall �t apply bui fiuidamental due process s�hall be observ� and shall govern the pr�e�dings. Irrelevant, imm,A±_�� and uaduly re�itious evidence of a type commonty relied upon by r�sonably prudent persons in the coaduct of their affairs shall be admissible, whether or not such evidence would be admissi'ble in a trial in the courts of the state. Documentary and. physic�l evidence may be admitted. (b) The special magistcate maY inquire of any witness who is testifying before him. The respondent or his attorney and the village attorney or the coc}� enfom.ement o�cer shall 1� permitted to iaquire of any witness befor� ths special magistrate. 'The s�ial ma�s�e ma.y cau any wimess deemea nece.ssary to proviae a fuu and fair haring of the case. (c) F�h ca=� before tl�e ene�i�1 m�o��tP c1,�i1 be rnes�nt,� bv the Vill�e Attomev oz bv a memher of �i e ViLla¢e's cod� ee�.fnrcempnt �f�f if t P Vill�e rn+ev�'1 - 'n D7[osecufin� th� c�cP before the c�cial a�iatratp rt sh il eIItitled to recovet a11 C��S LCUri'� �n �O� rtina th �P 1,��,•� h c�; t 9Qi�tr��p �nd a,�^h c�sts �v l� lIIClud�d in the lien authoiL� im��' aectinn � 1 RR For nurnos� of thiS �ectitan the term "aLt co�" Lclude.c t1� followin�- - � Attn�rnev's feec incirrreri hv the Vills�e 'n Dto 'n all acnQ.ctc nf anv �ase bmu�t,� befor� �e sc��ial �a�i�� . �2 , S�ie1 ms�i fe.es incun�ed bv the Villa�te fnr $11 asnect� of the case ��d bv the sr�ial magictnt�_ � C L�►?� bV 'k,.,� v '1� 19�'e fnr r�mviding nnfirp_ inrinriina �x►ctaar� r._netc� � Gosts incurr� bv �e V'ila�e for 'n� �nd nr�n 'n nhntnvran]uC pr other evid�p ofthP �;�lat�on for th_e �a1 m�at�rP 'n � (� Fxnert witness fe�.s in_c�*_� bv tHs V'illa�e in nrosec tin�. anv cace � hefOTe the att�-i`is+l m�oi.aMatp Sec. 2-185. Issuance of order. At the canclusion of the hearing, the s�ial ma�istrate shall issue fiadings of facts based on the evidence on the record and conclusions of law, and sha11 issue an order affording the pro�r relief consistent with the powers granted in this azticle. The order shall be stat�i orally at the meeting, and shall be r�uced to writing and provided to the �lleg� violator within ten worldng days at�er the heazin.g. The o�der shall. as annlic�.ble. � include a aotice th�t it must be complial. with by a specifi� date and that a fine, as well as the cflst of repair� as provided in section 2-187, may be iunposed if the order is not camplied with by such date e or�e* chal] l�a� Lcl� a n�ticp ha* �m�ni_ _'v� costs as rnov�ideri ia se�tion 2-] 84 are tn t,e imnose�. A certified copy of such order may be recorded in the public r�rds of Palm Beach Count. and sh�llll constitate notice to any subsequent putchasers, successors in interest, or assigns if the violation concerns real properiy, and the f ndings therein sha11 be binding upon the violator aad, if �.e vio�atian concerns real property, any seibs�equent purchasers or successors in interest or a�i$ns. Page 2 of 3 a 2: Each and every other section and subs�ion of Chapter 2. Administration Article IV. Code Enforcement Div�ision 3. Enforcement �ure. shall remain in full force and effect as previously enacted. S�ion : All ordinances or parts of ordinances in confli.ct herewith be and. the same are hereby repeal�. Se�tion 4: Should any section or provision of this ordinance or any portion thereof, any para�raph, se�nce or word 1� declared by a Court of competent jurisdiction to be inval�id, such decision shall not affect the validity of tl�e remainder of this ordinance. on 5: S�ific authority is he�r+eeby grant� to codify and incorporate this ordinance into the existin� Code of Ordiaance.s of the Village of Te�uesta, 'on : This ordinance sh�ll take effect imme,diately upon adoption. Page 3 of 3