2009-11 Alternate Method of Code EnforcementORDINANCE 2009-11
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING ,CHAPTER 2,
"ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY
ENACTING A NEW ARTICLE VII, "ALTERNATE METHOD OF CODE
ENFORCEMENT;" PROVIDING FOR THE ISSUANCE OF CITATIONS;
PROVIDING FOR THE FORM AND CONTENT OF CITATIONS; PROVIDING
FOR THE CODE SECTIONS TO BE ENFORCED BY CITATION; PROVIDING
FOR A RIGHT TO A HEARING AND A MAXIMUM PENALTY; PROVIDING
A PENALTY FOR FAILURE TO ACCEPT A CITATION; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village of North Palm Beach, as a duly organized Florida municipality,
possesses the home rule powers conferred upon it by the Florida Constitution and Chapter 166,
Florida Statutes; and
WHEREAS, the Village Code of Ordinances provides for the enforcement of the Village's
Codes through a code enforcement board as authorized by Chapter 162, Florida Statutes; and
WHEREAS, the Village Council wishes to amend the Village Code to provide a
streamlined process for the issuance and disposition of citations as an alternate method of code
enforcement; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the
best interests of the residents and citizens of the Village.
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 2, "Administration," of the Village
Code of Ordinances by adopting a new Article VII, "Alternate Method of Code Enforcement," to
read as follows (additional language is underlined):
ARTICLE VII. ALTERNATE METHOD OF CODE ENFORCEMENT
Sec. 2-251. Issuance of citations.
A code compliance officer, sworn police officer or public safety aide may
issue a citation to a person when, based on personal investigation, the officer or
aide has reasonable cause to believe that the person has committed a civil
• infraction in violation of a duly enacted code or ordinance for which enforcement
by citation has been authorized, and the Village's code enforcement board will
hold a hearing on the violation if the citation is either contested or if the fine is not
paid within the time specified in the citation.
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Sec. 2-252. Form and contents of citation.
S (a) The citation issued by the code compliance officer, sworn police
officer or public safety aide shall be in a form prescribed by the Village, and shall
contain, at a minimum, the following
The date and time of issuance;
The name and address of the person to whom this citation is issued;
X3,1 The date and time the civil infraction was committed;
A brief description of the violation;
The number of section of the code or ordinance violated;
~, The name of the issuing officer or aide;
The procedure for the person to follow in order to pav the civil
penalty or contest the citation;
The applicable civil penalty if the person elects to contest the citation;
9~ The applicable civil penalty if the person elects not to contest the
citation; and
A conspicuous statement if the person fails to pav the civil penalty
within the time allowed or fails to appear before the Village's code
enforcement board to contest the citation, the person shall be
deemed to have waived his or her right to contest the citation and
that, in such case, judgment may be entered against the person for
an amount up to the maximum civil penalty
(b) After issuing a citation to an alleged violator, an officer or aide
shall provide the original citation and one copy of the citation to the Village's
code enforcement division for further processing
Sec. 2-253. Codes to be enforced by citation.
The Village Council shall establish, by resolution, a schedule of the code
sections that, due to their nature, lend themselves to enforcement by means of the
citation method, in addition to a schedule of penalties for violation of these
sections. The schedule of code sections and penalties may be amended at the
discretion of the Village Council.
Sec. 2-254. RiEht to hearing; maximum penalty.
• ~ Upon receipt of a citation, a person alleged to have violated the
Village code may request a hearing before the Village's code enforcement board
and present his or her case to the board.
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b~ All violations shall be considered civil infractions, and the code
enforcement board may assess a maximum civil penalty not to exceed $500.00,
• plus the Village's administrative costs if the violation is contested.
Sec. 2-255. Failure to accept citation.
Any person who willfully refuses to sign and accept a citation issued by a
code compliance officer, sworn police officer, or public safety aide shall be guiltX
of a misdemeanor of the second de ee, punishable as provided in F.S. & 775.082
or F.S. § 775.083.
Sec. 2-256. Provisions additional and supplemental.
This article constitutes an additional and supplemental means of enforcing
the provisions of the Village Code. Nothing contained in this division shall prohibit
the Village from enforcing its codes or ordinances by other lawful means.
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'oe effective immediately upon adoption.
PLACED ON FIRST READING THIS 27th DAY OF AUGUST, 2009.
PLACED ON SECOND, FINAL READING AND PASSED T~IIS 10~ DAY i~F Si~~T'T~MBEI~, 2009.
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
• ~
VILLAGE A ORNEY
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