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HomeMy WebLinkAboutOrdinance 1980-009 Creates Code Enforcement BoardORDINANCE NO. 9-80 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NOS. 25-79 AND 19-79, WHICH ORDINANCES CREATED A CODE ENFORCEMENT BOARD AND PLACE ADDITIONAL CODES UNDER SUCH BOARD'S JURISDICTION, BY PROVIDING FOR THE FTFCTION OF ADDITIONAL OFFICERS OF SUCH BOARD, ASSIGNING THE VILLAGE ATTORNEY TO ACT AS COUNSEL TO SUCH BOARD, AND THE CODE INSPECTOR AND AE IINIsi'iATIVE STAFF TO PRESENT CASES BEFORE SUCH BOARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the "Palm Beach County Municipal Code Enforcement Board Act" of 1979, each municipality in Palm Beach County may, at its option, create by ordinance a Code Enforcement Board; and WHEREAS, the Village Council of the Village of North Palm Beach to promote, protect and improve the health, safety and welfare of the citizens of North Palm Beach, hereby creates and establishes a Code Enforcement Board to provide an equitable, expeditious, effective and inexpensive method of enforcing the hereinafter described codes of the Village of North Palm Beach. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA Section 1. Ordinance Nos. 25-79 and 19-79 are hereby amended to read as follows: Section 2. Declaration of Legislative Intent: It is the intent of this ordinance to promote, protect and improve the health, safety and welfare of the citizens of North Palm Beach by providing an equitable, expeditious, effective and inexpensive method of enforcing the hereinafter -described codes of the Village of North Palm Beach. Section 3. Applicability: The Code Enforcement Board shall enforce and have jurisdiction of the following codes: Chapter 4, Village of North Palm Beach Code, containing the Animals and Fowl Code. Chapter 5, Village of North Palm Beach Docks and Waterways Code. Chapter 6, Village of North Palm Beach Building Code, the Appearance Code and Appearance Plan, and the Sign Code. Code, containing the Code, including the Appendix A, • Chapter 7, Village of North Palm Beach Code, containing the Bulkhead Lines Code. Chapter 11, Village of North Palm Beach Code, containing the Electrical Code. Chapter 12, Village of North Palm Beach Code, including the Fire Prevention Code. Chapter 13, Village of North Palm Beach Code, containing the Gas Code. Chapter 14, Village of North Palm Beach Code, containing the Health and Sanitation Code. Chapter 15, Village of North Palm Beach Code, containing the Housing Code. Chapter 17, Village of North Palm Beach Code, containing the Occupational License Code. Chapter 17.5, Village of North Palm Beach Code, containing the Mechanical Code. Article VI, Chapter 19, Village of North Palm Beach Code, containing the Noise Control Code. Chapter 22, Village of North Palm Beach Code, containing the Plumbing Code. Chapter 24, Village of North Palm Beach Code, containing the Streets, Sidewalks and Driveways Code. Chapter 27, Village of North Palm Beach Code, containing the Trees and Shrubbery Code, including landscaping of yards and parking lots. Chapter 25, Village of North Palm Beach Code, containing the Swimming Pool Code. Chapter 36, Village of North Palm Beach Code, containing the Subdivisions Code. Chapter 45, Village of North Palm Beach Code, containing the Zoning Code. Section 4. Definitions. A. Code Inspector - Those authorized agents or employees of the Village of North Palm Beach whose duty it is to insure Code compliance with the Codes referred to above, including, but not limited to the Village Manager, Building Official, Director of Public Safety, and Finance Director. B. Attorney - Attorney for the Village of North Palm Beach who will advise the Code Enforcement Board of legal rules or give other legal assistance as required. C. Enforcement Board - The Code Enforcement Board. Section 5. Enforcement Board; Organization: The Village Council shall appoint a five (5) member Code Enforcement Board and legal counsel for the Board. The members shall have the following qualifications and terms of office: -2- A. Members of the Enforcement Board shall be residents of the Village of North Palm Beach. Appointments shall be made by the Village Council on the basis of experience or interest in the fields of zoning and building control. The membership of the Enforcement Board shall, whenever possible, be as follows: 1. An Architect 2. A Businessman 3. An Engineer 4. A General Contractor 5. A Realtor B. In order that terms of office of all members will not expire at the same time, the initial appoinui, uts to the Enforcement Board shall be as follows: One (1) amber shall be appointed for a term of one (1) year. No (2) members shall be appointed for a term of two (2) years. Two (2) members shall be appointed for a terns of three (3) years. Thereafter, all appointments shall be made for a term of three (3) years. Any amber may be reappointed from term to term upon approval of the Village Council. Appointments to fill any vacancy on the Enforcement Board shall be for the remainder of the unexpired term of office. Any manner who fails to attend two (2) out of three (3) successive meetings without cause and without prior approval of the Chairman shall automatically forfeit his appointment and the Village Council shall promptly fill such vacancy. The members shall serve at the pleasure of the Village Council. C. The manbers of the Enforcement Board shall elect a Chairman, Vice Chairman and a Chairman Pro Tem. The presence of three (3) or more menders shall constitute a quorum of the Enforcement Board. Members shall serve without compensation, but may be reimbursed for such travel expenses, mileage expenses, and per diem expenses as may be authorized by the Village Council. D. The Village Attorney shall be counsel to the Code Enforcement Board. Section 6. Enforcement Procedures: A. It shall be the duty of the Code Inspector to initiate enforcement proceedings of the various codes. B. If a violation of the codes is found, the Code Inspector shall notify the violator, unless paragraph C of this section applies, and give said violator a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the Code Inspector shall notify the Enforcement Board and request a hearing pursuant to the procedure in Section 7. Written notice shall be mailed to said violator as provides herein. -3- C. If the Code Inspector has reason to believe a violation presents a serious threat to the public health, safety and welfare, the Code Inspector may proceed directly to the procedure in Section 7 without notifying said violator. Section 7. Conduct of Hearing: A. The Chairman of the Enforcement Board may call hearings of the Enforcement Board and hearings may also be called by written notice signed by at least three (3) members of the Enforcement Board. The Enforcement Board at any hearing may set a future hearing date. The Enforcement Board should attempt to convene no less frequently than once every two (2) months, but may meet more or less often as the demand necessitates. Minutes shall be kept of all hearings by the Enforcement Board and all hearings shall be open to the public. The Village Clerk shall provide clerical and administrative personnel as may be reasonably required by the Enforcement Board for the proper performance of its duties. B. Each case before the Enforcement Board shall be presented by the Code Inspector or by a member of the Village's Administrative Staff. C. The Enforcement Board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The Enforcement Board shall take testimony from the Code Inspector and alleged violator and from any witnesses called on behalf of either the Village or the alleged violator. Formal rules of evidence shall not apply; however, fundamental due process shall be observed and shall govern said proceedings. Both the Village and the alleged shall have the right to subpoena witnesses to testify at the hearing. D. At the conclusion of the hearing, the Enforcement Board shall issue findings of fact and conclusions of law and shall issue an order affording the proper relief consistent with powers granted herein. The finding shall be by motion approved by a majority of those present and voting, except that at least three (3) members of the Enforcement Board must vote for the action to be official. Section 8. Powers of the Enforcement Board: The Enforcement Board shall have the power to: A. Adopt rules for the conduct of its hearings. The Chairman of the Enforcement Board hearing shall advise the alleged violator of the Code section of which he is accused, and shall first seek to determine if the alleged violator pleads guilty or innocent to such charge. If the alleged violator admits guilt, then the Board shall hear such testimony and evidence as it deans necessary to remedy the violation or punish the offender. If the alleged violator states he is not guilty of violating the Village Code in question, then the Board shall -4- hear first from the Village, Village witnesses and evidence, and the alleged violator shall have the right to cross-examine Village witnesses. At the close of the presentation of the Village's case against the alleged violator, the alleged violator shall be permitted to present his evidence, testimony of other witnesses and his own testimony in defense. The Village shall have the right to cross-examine the alleged violator and his witnesses. The burden of proving the alleged violation of the Village Code as described above shall be on the Village to prove beyond a reasonable doubt that the alleged violator is guilty of violating the Code section of which he is accused. B. Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the Village's Police Department. C. Subpoena records, surveys, plats and other material. D. Take testimony under oath. E. Issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance. Section 9. Fines: The Enforcement Board, upon notification by the Code Inspector that a previous order of the Enforcement Board has not been complied with by the set time, may order the violator to pay a fine not to exceed $500.00 per day if the violation continues past the date set for compliance. A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists. After one (1) year from the filing of any such lien which remains unpaid, the Enforcement Board may authorize the Village Attorney to foreclose on the lien. Section 10. Appeal: An aggrieved party may appeal a ruling or order of the Enforcement Board by certiorari in the Circuit Court of Palm Beach County. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. Section 11. Notices: All notices required by this act shall be by certified mail, return receipt requested, and where mail would not be effective, by hand delivery by the Code Inspector. Section 12. This Ordinance shall take effect immediately upon passage. PLACED ON FIRST READING THIS 10TH DAY OF APRIL, 1980. PLACED ON SECOND, FINAL READING AND PASSED THIS 24TH DAY OF APRIL, 1980. ATILST: /s/V. A. MARKS, M.D. MAYOR /s/DOLORES R. WALKER VILLAGE CLERK -5-