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Home My WebLink AboutOrdinance_08-14_05/08/2014 ORDINANCE NO. 8-14 ' AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF I I TEQUESTA, FLORIDA, AMENDING CHAPTER 2. ADMINISTRATION. '� ARTICLE IV. CODE ENFORCEMENT. DIVISION 3. ENFORCEMENT I I PROCEDURE. BY AMENDING SECTIONS 2-183, 2-184 AND 2-185. OF THE I VILLAGE CODE OF ORDINANCES TO PROVIDE UPDATED ', REGULATIONS REGARDING THE RECOVERY OF ADMINISTRATIVE COSTS, 1N CONFORMANCE WITH RECENT COURT RULINGS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB- I SECTION OF CHAPTER 2. ADMINISTRATION. SHALL REMAIN 1N FULL '� FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A I I, CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO �' CODIFY; PROVIDING AN EFFECTNE DATE; AND FOR OTHER '� PURPOSES. '� WHEREAS, the Village Council of the Village of Tequesta, Florida desires to amend I Chapter 2. Administra.tion. Article IV. Code Enforcement. Division 3. Enfarcement Procedure. Sections 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; and I WHEREAS, the Village Council believes these amendments to its Code of Ordinances is I � 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 regaxding the recovery of �' administrative costs, in conformance with recent court rulings; providing that Sections 2-183, 2- 184 and 2-185 shall hereafter read as follows: DIVISION 3. ENFORCEMENT PROCEDURE I - - _ __ _ -- - - -- -.. _ _ _ � 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 exist or has been Page 1 of 4 � 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. i Sec. 2-184. Testimony, evidence and witnesses, administrative cost . ', (a) All testimony shall be under oath and shall be recorded. Formal rules of evidence �I 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. I The respondent or his attorney and the village attorney or the code enforcement �! officer shall 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 sha11 be nresented bv the Villa�e Attornev I or bv a member of the Villa�e's code enforcement staff If the Villa nrevails in ' nrosecutin� the case before the snecial ma�istrate, it shall be entitled to recover all costs incurred in nrosecutin� the case__ before the snecial ma�istrate a�nd such costs mav be included in the lien authorized under section 2-188. Fo nurooses of this ' section. the term "a11 costs" includes the followin�• ', �1 Attornev's fees incurred bv the Villa.�e in nrosecutin� a11 asnects of ang case � brousht before the snecial ma�istrate: ' 2� Snecial ma�istrate fees incurred bv the Village for all asnects of the case �' heard bv the snecial ma�istrate; �' 3� Costs incurred bv the Villa�e for nrovidin� notice. includins nosta�e costs• ' 4� Costs incurred bv the Villa�e for creatin� and nresentin� nhoto�ranhic 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 snecia.l ma�istrate. 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 sha11 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 shall be reduced to writing and provided to the alleged violator within ten working days after the hearing. The order shall. as anplicable. ', � 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 recarded 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 I property, and the fmdings therein sha11 be binding upon the violator and, if the violation �, concerns real property, any subsequent purchasers or successors in interest or assigns. Page 2 of 4 i 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 the same �', are hereby repealed. I Section 4: Should any section or provision of this ordinance or any portion thereof, I 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 take effect immediately upon adoption. I �' i � , , ! , Page 3 of 4 I I I i Upon Second Reading this 8 day of May 2014, the foregoing Ordinance was offered by Council Member D'Ambra 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 X The Mayor thereupon declared the Ordinance duly passed and adopted this 8�` day of May 2014. MAYOR OF TEQUESTA _ � , ,: ' ,'` ��,. % r �;' - '.� ai� Brennan ATTEST: . (� � � t� ��.,�cGtn;,�,, ,, . Lori McWilliams, MMC , ,,•`'��.••p pR Village Clerk : �.�p� T� �',,-. � j : c., �� :v = IN�CORPQRA�� ;��`�' 9Y' �� ' �� •.�� 4 ' I . , � .,e� ` �,.., q � �°'� 4