1991-04 Burden of Proof to be a Preponderance of EvidenceORDINANCE N0. 4-91
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING SUBSECTION (a) OF SECTION 2-177 OF ARTICLE VZ,
CODE ENFORCEMENT BOARD, OF CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE VILLAGE TO PROVIDE FOR THE BURDEN OF
PROOF TO BE A PREPONDERANCE OF EVIDENCE RATHER THAN
BEYOND A REASONABLE DOUBT; 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. Subsection (a) of Section 2-177 of
Article VI, Code Enforcement Board, of Chapter 2 of the
Code of Ordinances of the Village is hereby amended to read
' as follows:
"(a) Adopt rules for the conduct of its hearings.
The chairman 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 testimony and
evidence as it deems 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 hear first from the village, village witnesses and evi-
dence, 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,
testimony of the 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 by a preponderance of evidence that the alleged
violator is guilty of violating the code section of which he is
accused."
Section 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 3. This Ordinance shall take effect immediately
upon passage.
PLACED ON FIRST READING THIS .14TH DAY OF FEBRUARY 1991.
PLACED ON SECOND, FINAL READING AND PASSED THIS 28TH DAY OF
FEBRUARY 1991.
MAYOR
(Village Seal)
ATTEST:
Vi age C er
- 2 -