2014-03 Code Amendment - Recovery of Prosecution CostsORDINANCE NO. 2014 -03
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 1 OF THE
VILLAGE CODE OF ORDINANCES, "GENERAL PROVISIONS," BY
AMENDING SECTION 1 -8, "GENERAL PENALTY; CONTINUING
VIOLATIONS," TO UPDATE AND CLARIFY EXISTING PROVISIONS AND
PROVIDE FOR THE RECOVERY OF PROSECUTION COSTS; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council wishes to amend the Village Code of Ordinances by amending
Section 1 -8 to update and clarify existing provisions and provide for the recovery of prosecution
costs; and
WHEREAS, the Village Council determines that the adoption of this Ordinance benefits the
health, safety and welfare of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing "Whereas" clauses are hereby ratified as true and correct and are
incorporated herein.
Section 2. The Village Council hereby amends Chapter 1, "General Provisions," of the
Village Code of Ordinances by amending Section 1 -8 to read as follows (new language
underlined and deleted language stfie e thfe uo):
Sec. 1 -8. General penalty; continuing violations; prosecution costs.
(a) Whenever in this Code any act is prohibited or is made or declared
to be unlawful or an offense, or whenever the doing of any act is required or the
failure to do any act is declared to be unlawful, where no specific penalty is
provided therefore, the violation of any such provision of this Code shall be
punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment
for a term not exceeding sixty (60) days, or by both such fine and imprisonment.
(b) Each day a violation of any provision of this Code shall continue
shall constitute a separate offense, and each act in violation of the provisions of
this Code shall be considered a separate and distinct offense.
(c) A violation of this Code shall be enforceable in accordance with
article VI, chapter 2 of the Code or through the filing or initiation of an action in
the appropriate court of competent jurisdiction.
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(d) The village is hereby authorized to recover its attorney's fees and
costs of prosecution in successfully prosecuting violations of this Code pursuant
to article VI, chapter of the Code or through any other lawful means. The
recovery of any fines, administrative costs, or costs of prosecution may be secured
by the filing of a lien against the property that is the subject of the violation or
may be enforced against the property owner as a judgment.
(s g) In addition to the penalties herein provided, any condition caused
or permitted to exist in violation of any of the provisions of this Code shall be
deemed a public nuisance and may be abated by the village, as specifically
provided by this Code or as otherwise permitted by law, and each day that such
condition continues shall be regarded as a new and separate offense.
(d) Zoning, buildings, etc.:
(1) The village council shall provide for the enforcement of a zoning
ordinance enacted pursuant to this part. Each day such offense
continues after written notice shall be deemed a separate offense.
(2) In case any building or structure is erected, constructed,
reconstructed, altered, repaired or maintained or any building,
structure, land or water is used in violation of this Code or any
ordinance or other regulation made under authority conferred
hereby, the proper local authorities, in addition to other remedies,
may institute any appropriate action or proceedings in a civil action
in the circuit court to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use,
and to restrain, correct or abate such violation, to prevent the
occupancy of such building, structure, land or water, and to prevent
any illegal act, conduct of business, or use in or about such premises.
(f) This section is deemed to be supplemental to the provisions of
article VI, chapter 2 of this Code and is in no way intended to limit or restrict the
civil fines and penalties set forth therein.
Section 3. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is
for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or
void, such holding shall not affect the remainder of the Ordinance.
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall be effective immediately upon adoption.
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PLACED ON FIRST READING THIS 27TH DAY OF MARCH, 2014.
PLACED ON SECOND, FINAL READING AND PASSED THIS 10TH DAY OF APRIL, 2014.
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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MAYOR