2000-04 Updates Code Enforcement Provisions•
ORDINANCE NO. 04-2000
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AMENDING VARIOUS SECTIONS OF ARTICLE
VI, CODE ENFORCEMENT BOARD, OF CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE VILLAGE FOR THE PURPOSE OF UPDATING AND
BRINGING CODE ENFORCEMENT PROVISIONS ]N CONFORMITY WITH
THE FLORIDA STATUTES; AMENDING SECTION 2-172, DEFINITIONS;
AMENDING SECTION 2-175, ENFORCEMENT PROCEDURE; AMENDING
SECTION 2-176, CONDUCT OF HEARING; AMENDING SECTION 2-178,
FINES; LIENS; AMENDING SECTION 2-181, NOTICES; PROVIDING FOR
SEVERABILITY; 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 I. Section 2-172, Definitions, of Article VI, Code Enforcement Board, of Chapter
2 of the Code of Ordinances of the Village of North Palm Beach is hereby amended to read as
follows:
"Section 2-172, Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates
a different meaning:
Attorney. Attorney for the village who will advise the code enforcement board of
legal rules or give other legal assistance as required.
Code Inspector. Those authorized agents or employees of the village whose duty it
is to insure code compliance with the codes referred to above, including, but not
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village icode_ e~ j3
• limited to, the village manager, building official, director of public safety, and finance
director.
Er jorcemen! Board. The Village of North Palm Beach Code Enforcement Board.
"Repeat Violation" means a violation of a provision of a code or ordinance by a
person who has been previously found through a code enforcement board or any other
quasi judicial or judicial process, to have violated or who has admitted violating the
same provision within 5 years prior to the violation, notwithstanding the violations
occur at different locations".
Section 2. Section 2-175, Enforcement Procedure, of Article VI, Code Enforcement
Board, of Chapter 2 of the Code of Ordinances of the Village of North Palm Beach, is hereby
amended to read as follows:
"Section 2-175. Enforcement Procedure.
a) It shall be the duty of the code inspector to initiate enforcement proceedings of the
various codes. No member of a board shall have the power to initiate such
enforcement proceedings.
(b) If a violation of the codes is found, the code inspector shall notify the violator,
unless pazagaph (c) ofthis section applies, and give the 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 2-176. The code enforcement board,
through its clerical staff, shall schedule a hearing and written notice of such hearing
shall be hand dehvered or mailed as provided in section 2-181 to said violator. At the
option of the Code Enforcement Board, notice may additionally be served by
publication or posting as provided in Section 2-181. If the violation is corrected and
then recurs or if the violation is not corrected by the time specified for correction by
the Code Inspector, the case may be presented to the Enforcement Board even if the
violation has been corrected prior to the board hearing, and the notice shall so state.
(c) If the code inspector has reason to believe a violation or the condition causing the
violation presents a serious threat to the public health, safety, and welfare or if the
violation is irreparable or irreversible in nature, the code inspector shall make a
reasonable effort to notify the violator and may immediately notify the enforcement
board and request a hearing.
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• (d) 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 code enforcement board, through its clerical staff, shall schedule a hearing and
shall provide notice pursuant to Section 2-181. The case may be presented to the code
enforcement board even if the repeat violation has been corrected prior to the board
hearing, and the notice shall so state. If the repeat violation has been corcected, the
code enforcement board retains the right to schedule a hearing to determine costs and
impose the payment of reasonable enforcement fees upon the repeat violator. The
repeat violator may choose to waive his or her rights to this hearing and pay said costs
as determined by the code enforcement board. Written notice, with a scheduled
hearing, shall be provided pursuant to Section 2-181.
(e) If the owner of properly which is subject to an enforcement proceeding before the
enforcement board, special master, or court transfers ownership of such property
between the time the initial pleading was served and the time of the hearing, such
owner shall:
(1) Disclose, in writing, the existence and the nature of the proceeding to the
prospective transferee.
(2) Dehver to the prospective transferee a copy of the pleadings, notices, and
other materials relating to the code enforcement proceeding received by the
transferor.
(3) Disclose, in writing, to the prospective transferee that the new owner will
be responsible for compliance with the applicable code and with orders issued
in the code enforcement proceeding.
(4) File a notice with the code enforcement official of the transfer of the
property, with the identity and address of the new owner and copies of the
disclosures made to the new owner, within 5 days after the date of the
transfer. A failure to make disclosures described in sub-paragraphs (1), (2),
(3), and (4) before the transfer creates a rebuttable presumption of fraud. If
the property is transferced before the hearing, the proceeding shall not be
dismissed, but the new owner shall be provided a reasonable period of time
to correct the violation before the hearing is held."
Section 3. Sub-Section (d) of Section 2-176, Conduct of Hearing, of Article VI, Code
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• Enforcement Board, of Chapter 2 of the Code of Ordinances of the Village of North Palm Beach is
hereby amended to read as follows:
"(d) At the conclusion of the hearing, the enforcement board shall issue findings of
fact, based on evidence of record 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 in order for the action to be
official. The order may include a notice that it must be complied with by a specified
date and that a fine maybe imposed and, under the conditions specified in Section 2-
178, the cost of repairs may be included along with the fine if the order is not
complied with by said date."
Section 4. Section 2-178, Fines; Liens, of Article VI, Code Enforcement Board, of
Chapter 2 of the Code of Ordinances of the Village of North Palm Beach is hereby amended to read
as follows:
"Section 2-178. Fines; Liens.
(a) Generally. The enforcement board, upon notification by the code inspector that
a previous order of the enforcement boazd 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 continues 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 beginning with the date the repeat violation is found
to have occurred by the code inspector. In addition, if the violation is a violation
described in Section 2-175(c), the enforcement boazd shall notify the local governing
body, which may make all reasonable repays which are required to bring the property
into compliance and chazge the violator with the reasonable cost of the repairs along
with the fine imposed pursuant to this section. Making such repairs does not create
a continuing obligation on the part of the local governing body to make further repairs
or to maintain the property and does not create any liability against the local
governing body for any damages to the property if such repairs were completed in
good faith. ff a finding of a violation or a repeat violation has been made as provided
in this article, a hearing shall not be necessary for issuance of the order imposing the
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• fine. If, after due notice and hearing, a code enforcement board finds a violation to
be irreparable or irceversible in nature, it may order the violator to pay a fine as
hereinafter specified. A fine imposed pursuant to this section shall not exceed two
hundred fifty dollars ($250.00) per day for a first violation and shall not exceed five
hundred dollars ($500.00) per day for a repeat violation and, in addition, may include
all costs of repairs pursuant to subsection (a). However, if a code enforcement board
finds the violation to be irreparable or irceversible in nature, it may impose a fine not
to exceed five thousand dollars ($5,000.00) per violation.
(b) Determination of amount of fine. 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 corcect the violation; and
(3) Any previous violations committed by the violator.
(c) Reduction of fine. The code enforcement board may reduce a fine imposed
pursuant to this section. A fine imposed
pursuant to this article 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.
"(d) Copies ojorders imposing fines. A certified copy of an order imposing a fine
or a fine plus repair costs, may be recorded in the public records and thereafter shall
constitute a lien against the land on which the violation exists and upon any other real
or personal property owned by the violator. Upon petition to the circuit court, such
order maybe 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. 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. Alien arising from a fine imposed pursuant to this section
runs in favor of the local governing body, and the local governing body may execute
a satisfaction or release of lien entered pursuant to this section. After three (3)
months from the filing of any such lien which remains unpaid, 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 provision of this section
• maybe foreclosed on real property which is a homestead under Article X, Section 4
• of the state Constitution."
Section 5. Section 2-181, Notices, of Article VI, Code Enforcement Board, of Chapter
2 of the Code of Ordinances of the Village of North Palm Beach is hereby amended to read as
follows:
"Section 2-181. Notices
"(1) All notices required by this part shall be provided to the alleged violator by:
(a) Certified mail, return receipt requested, provided if such notice is sent
under this paragraph to the owner of the property in question at the address
listed in the tax collector's office for tax notices, and at any other address
provided to the local government by such owner and is returned as unclaimed
or refused, notice maybe provided by posting as described in subparagraphs
(2)(b)1. and 2. and by first class mail directed to the addresses furnished to the
local government with a properly executed proof of mailing or affidavit
confirming the first class mailing;
(b) Hand delivery by the sheriff or other law enforcement officer, code
inspector, or other person designated by the local governing body;
(c) Leaving the notice at the violator's usual place of residence with any
person residing therein who is above fifteen (I S) years of age and informing
such person of the contents of the notice; or
(d) In the case of commercial premises, leaving the notice with the manager
or other person in charge.
(2) In addition to providing notice as set forth in subsection (1), at the option of
the code enforcement board, notice may also be served by publication or posting, as follows:
(a) 1. Such notice shall be published once during each week for four (4)
consecutive weeks (four publications being sufficient) in a newspaper of
general circulation in the county where the code enforcement board is located.
The newspaper shall meet such requirements as are prescribed under chapter
50 of the Florida Statutes for legal and official advertisements.
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• 2. Proof of publication shall be made as provided in Sections 50.041 and
50.051, Florida Statutes.
(b) 1. In lieu of publication as described in paragraph (a), such notice may be
posted for at least ten (10) days prior to the hearing, or prior to the expiration
of any deadline contained in the notice in at least two locations, one of which
shall be the property upon which the violation is alleged to exist and the other
of which shall be at the primary municipal government office.
2. Proof of posting shall be by affidavit of the person posting the notice,
which affidavit shall include a copy of the notice posted and the date and
places of its posting.
(c) Notice by publication or posting may run concurrently with, or may
follow, an attempt or attempts to provide notice by hand delivery or by mail
as required under subsection (1).
Evidence that an attempt has been made to hand deliver or mail notice as
provided in subsection (1), together with proof of publication or posting as
provided in subsection (2) shall be sufficient to show that the notice
requirements of this part have been met, without regard to whether or not the
alleged violator actually received such notice."
Section 6. If any section, paragraph, sentence, clause, phrase or word of this
ordinance is for any reason held by a Court to be unconstitutional, inoperative or void, such holding
shall not affect the remainder of this ordinance.
ection 7. All Ordinances or parts of Ordinances in conflict herewith are hereby
repealed.
Section 8. This Ordinance shall take effect immediately upon passage.
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PLACED ON FIRST READING THIS 27th DAY OF _JANUARY 2000
PLACED ON SECOND, FINAL READING AND PASSED THIS 10th DAY OF
FEBRUARY 2000
(VILLAGE SEAL)
ATTEST:
VILLAGE CLERK ~ (~//~ ~~
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