1996-18 Code Enforcement Procedures Amended•
ORDINANCE NO. 18-96
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING VARIOUS SECTIONS OF ARTICLE VI, CODE
ENFORCEMENT BOARD, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE
VILLAGE FOR THE PURPOSE OF UPDATING AND BRINGING CODE ENFORCEMENT
PROVISIONS IN CONFORMITY WITH THE FLORIDA STATUTES; AMENDING
SECTION 2-175, ENFORCEMENT PROCEDURE; AMENDING SECTION 2-176,
CONDUCT OF HEARING; AMENDING SECTION 2-178, FINES; LIENS; ADDING A
NEW SECTION 2-179 ENTITLED DURATION OF LIEN; RENUMBERING SECTION 2-
179, APPEAL, TO SECTION 2-180; RENUMBERING SECTION 2-180, NOTICES,
TO SECTION 2-181 AND AMENDING SUCH SECTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS
• OF ORDINANCES IN CONFLICT HEREWITH: AND, PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. Section 2-175, Enforcement Procedure, of
Article VI, Code Enforcement Board, of the Code of Ordinances of
the Village of North Palm Beach is hereby amended to read as
follows:
"Section 2-175. Enforcement procedure.
(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 the 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 2-176. Written notice shall be
hand delivered or mailed to the violator as provided in
Section 2-181. At the option of the code enforcement
board, notice may additionally be served by publication
or posting as provided in Section 2-181. If the
violation is corrected and then recurs or if the
violation is not corrected by the time specified for
correction by the code inspector, the case may be
presented to the enforcement board even if the violation
has been corrected prior to the board hearing, and the
notice shall so state.
(c) If the code inspector has reason to believe a
violation or the condition causing the violation presents
a serious threat to the public health, safety, and
welfare or if the violation is irreparable or
irreversible in nature, the code inspector shall make a
reasonable effort to notify the violator and may
immediately notify the enforcement board and request a
hearing.
(d) If a repeat violation is found, the code inspector
shall notify the violator, but is not required to give
. the violator a reasonable time to correct the violation.
The code inspector, upon notifying the violator of a
repeat violation, shall notify the code enforcement board
and request a hearing pursuant to the procedure in
section 2-176. The case may be presented to the code
enforcement board even if the repeat violation has been
corrected prior to the board hearing, and the notice
shall so state. Written notice, with a scheduled
hearing, shall be provided pursuant to section 2-181."
Section 2. Section 2-176, Conduct of Hearing, of Article
VI, Code Enforcement Board, of the Code of Ordinances of the
Village of North Palm Beach is hereby amended to read as follows:
"Section 2-176. 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 shall attempt to convene no less
• frequently than once every two (2) months, but, yet meet
n
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more or less often as the demand
shall be kept of all hearings by
and all hearings and proceedings
public. The Village Clerk shall
administrative personnel as may
by the enforcement board for the
its duties.
necessitates. Minutes
the enforcement board
shall be open to the
provide clerical and
~e reasonably required
proper performance of
(b) Each case before the enforcement board shall be
presented by the Village's administrative staff. If
the local governing body prevails in prosecuting a
case before the enforcement board, it shall be entitled
to recover all costa incurred in prosecuting the case
before the board and such costs may be included in the
lien authorized under Section 2-178.
•
(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 witness 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 govern said
proceedings. Both the Village and the alleged violator
shall have the right to subpoena witness 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 findings
shall be by motion approved by a majority of those
present and voting, except that at least four (4) members
of the enforcement board must vote in order for the
action to be official. The order may include a notice
that it must be complied with by a specified date and
that a fine may be imposed and, under the conditions
specified in Section 2-178, the cost of repairs may be
included along with the fine if the order is not complied
with by said date."
Section 3. Section 2-178, Fines; Liens, of Article VI
Code Enforcement Board, of the Code of Ordinances of the Village of
North Palm Beach is hereby amended to read as follows:
•
"Section 2-178. Fines; liens.
(a) Generally. 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 or, upon finding that the same violation has been
repeated by the same violator, may order the violator to
pay a fine in an amount specified in this section for
each day the violation continues past the date set for
compliance, or, in the case of a repeat violation, for
each day the repeat violation continues past the date
of notice to the violator of the repeat violation
beginning with the date the repeat violation is found
to have occurred by the code inspector. In addition, if
the violation is a violation described in Section 2-
175(c), the enforcement board shall notify the local
governing body, which may make all reasonable repairs
which are required to bring the property into compliance
and charge the violator with the reasonable cost of the
repairs along with the fine imposed pursuant to this
section. If a finding of a violation or a repeat
violation has been made as provided in this article, a
hearing shall not be necessary for issuance of the order
• imposing the fine. If, after due notice and hearing, a
code enforcement board Finds a violation to be
irreparable or irreversible in nature, it may order the
violator to pay a fine as hereinafter specified. A fine
imposed pursuant to this section shall not exceed two
hundred fifty dollars ($250.00) per day for a first
violation and shall not exceed five hundred dollars
($500.00) per day for a repeat violation and, in
addition, may include all costs of repairs pursuant to
subsection (a). However, if a code enforcement board
finds the violation to be irreparable or irreversible in
nature, it may impose a fine not to exceed $5,000 per
violation.
(b) Determination of amount of fine. In determining the
amount of the fine, if any, the enforcement board shall
consider the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct
the violation; and
(3) Any previous violations committed by the
violator.
•
• (c) Reduction of fine. The code enforcement board may
reduce a fine imposed pursuant to this section. A fine
imposed pursuant to this article shall continue to accrue
until the violator comes into compliance or until
judgment is rendered in a suit to foreclose on a lien
filed pursuant to this section, whichever occurs first.
(d) Copies of orders imposing fines. 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 and upon any
other real or personal property owned by the violator.
Upon petition to the circuit court, such order may be
enforced in the same manner as a court judgment by the
sheriffs of this state, including levy against the
personal property, but such order shall not be deemed to
be a court judgment except for enforcement purposes. A
fine imposed pursuant to this part shall continue to
accrue until the violator comes into compliance or until
judgment is rendered in a suit to foreclose on a lien
filed pursuant to this section, whichever occurs first.
A lien arising from a fine imposed pursuant to this
section runs in favor of the local governing body, and
the local governing body may execute a satisfaction or
release of lien entered 'pursuant to this section. After
three (3) months from the filing of any such lien which
remains unpaid, the enforcement board may authorize the
local governing body attorney to foreclose on the lien.
In an action to foreclose on a lien, the prevailing party
is entitled to recover all costs, including a reasonable
attorney's fee. No lien created pursuant to the
provisions of this section may be foreclosed on real
property which is a homestead under article X, section 4
of the state Constitution."
Section 4. Anew Section 2-179 entitled Duration of Lien
is hereby added to Article VI, Code Enforcement Board, of the Code
of Ordinances of the Village of North Palm Beach and to read as
follows:
"Section 2-179. Duration of Lien
No lien shall continue for a period longer than 20 years
after the certified copy of an order imposing a fine has
• been recorded, unless within that time an action to
• foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose on a
lien, the prevailing party is entitled to recover all
costs, including a reasonable attorney's fee, that it
incurs in the foreclosure. The local governing body
shall be entitled to collect all costs incurred in
recording and satisfying a valid lien. The continuation
of the lien effected by the commencement of the action
shall not be good against creditors or subsequent
purchasers for valuable consideration without notice,
unless a notice of lis pendens is recorded."
Section 5. Section 2-179, Appeal, of Article VI, Code
Enforcement Board, of the Code of Ordinances of the Village of
North Palm Beach is hereby renumbered to Section 2-180.
Section 6. Section 2-180, Notices, of Article VI, Code
Enforcement Board, of the Code of Ordinances of the Village of
• North Palm Beach is hereby renumbered to Section 2-181 and
amended to read as follows"
"Section 2-181 Notices.
(1) All notices required by this article shall be
provided to the alleged violator by certified mail,
return receipt requested; by hand delivery by public
safety officer, code inspector or other person
designated by the Village Council; or by leaving the
notice at the violator's usual place of residence with
any person residing therein who is above fifteen (IS)
years of age and informing such person of the contents
of the notice.
(2) In addition to providing notice as set forth in
subsection (1), at the option of the code enforcement
board, notice may also be served by publication or
posting, as follows:
(a)1. Such notice shall be published once during each
week for four (4) consecutive weeks (four publications
being sufficient) in a newspaper of general circulation
in the county where the code enforcement board is
• located. The newspaper shall meet such requirements as
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• are prescribed under chapter 50 of the Florida Statutes
for legal and official advertisements.
2. Proof of publication shall be made as provided in
ss. 50.041 and 50.051, Florida Statutes.
(b) 1. In lieu of publication as described in paragraph
(a), such notice may be posted for at least 10 days 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 primary municipal
government office.
2. 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.
(c) Notice by publication or posting may run
concurrently with, or may follow, an attempt or attempts
to provide notice by hand delivery or by mail as required
under subsection (1).
Evidence that an attempt has been made to hand deliver or
• mail notice as provided in subsection (1), together with
proof of publication or posting as provided in subsection
(2) shall be sufficient to show that the notice
requirements of this part have been met, without regard
to whether or not the alleged violator actually received
such notice."
Section 7. If any section, paragraph, sentence, clause,
phrase or word of this ordinance is for any reason held by a Court
to be unconstitutional, inoperative or void, such holding shall not
affect the remainder of this ordinance.
Section 8. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section 9. This Ordinance shall take effect immediately
upon passage.
•
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PLACED ON FIRST READING THIS 25th DAY OF April 1996.
PLACED ON SECOND, FINAL READING AND PASSED THIS 9th DAY OF
1996.
•
(VILLAGE SEAL)
P.TTEST:
MAYOR
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VILLAGE CLERK
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