Ordinance 1982-016 Amending Code Pertaining to Code Enforcement BoardORDINANCE N0. 16-82
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING SECTIONS 2-171, 2-172, 2-174, 2-176, 2-178, 2-179; PROVIDING
DECLARATION OF LEGISLATIVE INTENT; PROVIDING FOR DEFINITIONS; PROVIDING
FOR ORGANIZATION OF BOARD; PROVIDING FOR CONDUCT OF HEARING; PROVIDING
FOR FINES; PROVIDING FOR APPEAL; AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AS FOLLOWS:
ARTICLE 1
Section 2-171, Declaration of legislative intent, of the Village
of North Palm Beach Code shall be amended to read in full as follows:
It is the intent of this article to promote, protect
and improve the health, safety and welfare of the
citizens of North Palm Beach and to provide an equitable,
expeditious, effective and inexpensive method of enforcing
the hereinafter described technical codes of the village.
ARTICLE 11
Section 2-172, Definitions, of the Village of North Palm Beach,
Code shall be amended to read in full as follows:
' (1) Attorney: Attorney for the Village who
will advise the Code Enforcement Board of
legal rules or give other legal assistance
as required.
(2) Code Inspector: Those authorized agents
or employees of the Village of North Palm
Beach, Florida 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
or Public Safety and Finance Director.
(3) Enforcement Board: The Village of North
' Palm Beach Code Enforcement Board.
ARTICLE III
Section 2-174, Organization of Board, of the Village of North
Palm Beach Code shall be amended to read in full as follows:
(A) Qualifications and terms: The Village
Council shall appoint a seven-member Code Enforcement
Board and legal counsel for the Board. The members
shall have the following qualifications and terms of office.
(1) Members of the Enforcement Board shall be residents
of the Village of North Palm Beach, Florida.
Appointments shall be made by the Village
Council on the basis of experience of interest
in the fields of zoning and building control.
The membership of the Enforcement Board shall,
whenever possible, include:
a) An architect;
b) A businessman;
c) An engineer;
d) A general contractor;
e) Asub-contractor;
f) A realtor;
g) No particular profession
(2) In order that the terms of office of all members
will not expire at the same time, the initial
appointments to the Enforcement Board shall be
as follows:
a) Two (2) members shall be
appointed for a term of one
i
(1) year;
b) Three (3) members shall be
appointed for a term of two
(2) years;
c) Two (2) members shall be
appointed for a term of three
(3) years.
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Thereafter, all appointments shall be made for
a term of three (3) years. A member may be
reappointed for one successive 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. If any
member fails to attend three (3) successive meetings
without cause and without prior approval of the
Chairman, the Board shall declare the member's
office vacant and the Village Council shall promptly
fill such vacancy. The members shall serve at the
pleasure of the Village Council.
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(B) Officers; quorum; compensation. The members
of the Enforcement Board shall elect a chairman
from among its members. The presence of four (4)
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 Council.
(C) Attorney. The Village Attorney shall be
counsel to the Code Enforcement Board.
ARTICLE IV
Section 2-176, Conduct of Hearing, of the Village of North
Palm Beach Code shall be amended to read in full as follows:
(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 more or less
often as the demand necessitates.
Minutes shall be kept of all hearings by the
Enforcement Board and all hearings and proceedings
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 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 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.
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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 for the action to be
official.
ARTICLE V
Section 2-178, Fines, of the Village of North Palm Beach Code
shall be amended to read in full as follows:
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
two hundred fifty dollars ($250) per day for each
day the violation continues past the date set for
compliance. A certified copy of an order imposing
a fine may be recorded on the public records and
thereafter shall constitute a lien against the land
on which the violation exists or, if the violator does
not own the land, upon any other real or personal
property owned by the violator and may be enforced
in the same manner as a court judgment by the Sheriff
of this state, including levy against the personal
property, but shall not be deemed otherwise to be a
judgment of a court except for enforcement purposes.
After one year from the filing of any such lien which
remains unpaid, the Enforcement Board may authorize
the Village Attorney to foreclose on the lien.
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ARTICLE VI
Section 2-179, Appeal, of the Village of North Palm Beach
Code shall be amended to read in full as follows;
An aggrieved party, including the Village Council,
may appeal a final administrative order of the
Enforcement Board to 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.
ARTICLE VII
The provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the Village of North Palm Beach,
Florida. The Sections of this Ordinance may be renumbered or
relettered to accomplish such; and the word "Ordinance" may be
changed to "Section", "Article", or other appropriate word.
ARTICLE VIII
This Ordinance shall take effect immediately upon its passage.
PLACED ON FIRST READING THIS 26th DAY OF AUGUST, 1982.
' PLACED ON SECOND, FINAL READING AND ADOPTED THIS 9th DAY OF SEPTEMBER, 1982.
MAYOR
ATTEST:
VILLAGE CLERK
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