1990-08 Amending Article VI Code EnforcementORDINANCE N0.8-90
Atd ORDINANCE OF THE VILLAGE OF NORTIi PALM BEACIi,
FLORIDA, AI~NDING ARTICLE VI, CODE ENFORCEI~IiT BOARD, OF
CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE IN ORDER
TO BRING SAID ARTICLE VI IN COIiPLIAIdCE WITH CHAPTER 162 OF THE
FLORIDA STATUTES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
OR PARTS OF ORDINANCES IN COIIFLICT HEREi4ITli; AIdD, PROVIDING
' FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA:
Section 1. Section 2-172 of the Village Code is
hereby amended by adding thereto .the following definition:
"Repeat violation means a violation of a provision
of a code or ordinance by a person whom the Code Enforcement
Board has previously found to have violated the same provision
within five (5) years prior to the violation."
Section 2. The last paragraph of Subsection (a) of
Section 2-174 of the Village Code is hereby amended to read as
follows:
' "Thereafter, all appointments shall be made for a term
of three (3) years. A member may be reappointed for one succes-
sive 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 two (2) of 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."
Section 3. Subsection (b) of Section 2-174 is hereby
amended to read as follows:
"Officers; quorum; compensation. The members of the
enforcement board shall elect a chairman from among its members
who shall be a voting member. The presence of four (4) or more
members, shall constitute a quorum of the enforcement board.
Iiembers 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."
Section 4. Section 7-175 is hereby amended by adding
a new Subsection (d) which shall read as follows:
"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 vio-
lation 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 2-180."
Section 5. Subsection (e) of Section 2-177 is hereby
amended to read as follows:
"(e) Issue orders having the force of law commanding
whatever steps are necessary to bring a violation into compliance.
' A certified copy of such order may be recorded in the Public
Records of the County, and shall constitute notice to any subse-
quent purchasers, successors in interest or assigns, if the vio-
lation concerns real property, and the findings therein shall be
binding upon the violator, and, if the violation concerns real
property, any subsequent purchasers, successors in interest or
assigns. If the order is recorded in the Public Records pursuant
to this subsection and the order is complied with by the date
specified in the order, the Enforcement Board shall issue an order
acknowledging compliance that shall be recorded in the Public
Records. A hearing is not required to issue such an order acknow-
ledging compliance."
Section 6. Section 2-178 of the Village Code is
' hereby amended to read as follows:
"Sec. 2-178. Fines; Liens. The enforcement board,
upon notification by the code inspector that a previous order of
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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 con-
' tinues 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.
If a finding of a violation or a repeat violation has been made
as provided in this part, a hearing shall not be necessary for
issuance of the order imposing the fine. A fine imposed pursuant
to this section shall not exceed $250 per day for a first violation
and shall not exceed $500 per day for a repeat violation.
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.
The Code Enforcement Board may reduce a fine imposed
pursuant to this section. 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 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 ~ahich the violation exists or, if the
violator does not own the land, 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. After three
(3) months from the filing of any such lien which remains unpaid,
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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 7. Section 2-180 is hereby amended to read
as follows:
"Sec. 2-180. Notices. All notices required by this
section 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 (15) years of age and informing such person of
the contents of the notice. In addition to providing notice
'
set forth above, the Code Enforcement Board may implement the
notice provisions of Section 162.12(2), Fla. Stat., as amended,
for a supplemental means of providing notice."
Section 8. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 9. This Ordinance shall tatce effect immediately
upon passage.
PLACED ON FIRST READIIQG THIS 22nd DAY OF March 1990.
PLACED ON SECOND, FINAL P.EADING AND PASSED THIS .12th DAY OF
April 1990.
R
(Village Seal)
ATTEST:
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