Loading...
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. 1 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. - 2 - (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. - 3 - 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. - 4 - 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 - 5 -