Ordinance 1980-009 Creates Code Enforcement BoardORDINANCE N0. 9-80
AN ORDINANCE OF THE VILLAGE OF NOIrTH PAIM BEACH, FLORIDA, AMEI~IDING ORDINANCE
NOS. 25-79 AND 19-79, WI-ITCH ORDIIQANCES CREATED A CODE ENFOROII~i' BOARD AND PLACE
ADDITIONAL CODES UNDER SUCH BOARD'S JURISDICTION, BY PROVIDING FOR THE ELECTION OF
ADDITIONAL OFFICERS OF SUCH BOARD, ASSIGNING THE VILLAGE ATIOLtNER Zn ACT AS COUNSEL
' T'0 SUCH BOARD, AND THE CODE INSPECTOR AND ALMINISTRATIVE STAFF TO PRESENT CASES
BEFORE SUCH BOARD; AMID 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 NJRTH PAIM BEACH,
FIARIAA:
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 Enforcemaait 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 Code, containing the
Docks and Waterways Code.
Chapter 6, Village of North Palm Beach Code, including the
Building Code, the Appearance Code and Appendix A,
Appearance Plan, and the Sign Code.
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, captaining 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, amtaining 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, amtaining the
Trees and Shrubbery Code, including landscaping of yards and
' parking lots.
Chapter 25, Village of North Palm Beach Code, amtaaining the
Swimming Pool Code.
Chapter 36, Village of North Palm Beach Code, amtaining 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 e~loyees 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 Cowzcil shall
appoint a five (5) member Code Enforcement Board and legal coulsel for the Board.
The members shall have the following qualifications and terms of office:
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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 appointments to the Enforcement Board shall be as follows:
One (1) member shall be appointed for a term of one (1) year.
TFao (2) members shall be appointed for a term of two (2) years.
Ztao (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 n~riber may be reappointed fran term to term upon approval of the Village Council.
Appointments to fill any vacancy an the Enforcement Board shall be for the remainder
of the unexpired term of office. Any member 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 pranptly 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
Chairm~i and a Chairman Pro Tem. The presence of three (3) or more members
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 Cotmcil.
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.
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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 Enforcanent 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 testimrmy shall be under oath and shall be recorded. The
' Enforcement Board shall take testimmy fran 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
t have the power to:
A. Adopt rules for the conduct of its hearings. The Chairn~aru 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 testimmy 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
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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, testimmy
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 comq~liance.
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 Enforcemant 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.
Secticn 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 PASSID THIS 24TH AAY OF APRIL, 1980.
/s/V. A. MARKS, M.D.
Y
ATTEST:
/s/DOLORES R. WALi~R
VIId.SGE CLERK