2003-08 Updates Code Enforcement Provisions to comply w/FL StatutesORDINANCE 08-2003
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 IN CONFORMITY WITH THE FLORIDA STATUTES; AMENDING SECTION
2-177, POWERS OF THE ENFORCEMENT BOARD; ADDING A SECTION 2-182, ACTIONS
FOR MONEY JUDGMENTS, LIMITATION; 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 1. Section 2-177, Powers of the Enforcement Board, of Article VI, Code Enforcement
Board, of Chapter 2 of the Code of Ordinances of the Village is hereby amended to read as follows:
"Section 2-177. Powers of the enforcement board.
The enforcement board shall have the power to:
(1) 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 [section] in question, then the
board shall hear first from the Village, Village witnesses and evidence, 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.
(2) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be
served by the Village's police department.
(3) Subpoena evidence to its hearings.
(4) Take testimony under oath.
(5) 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 subsequent purchasers, successors in interest or assigns, if the
violation 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 acknowledging compliance."
Section 2. Section 2-182, Actions for Money Judgments; Limitation, of Article VI, Code
Enforcement Board, of Chapter 2 of the Code of Ordinances of the Village is hereby added and to
read as follows:
"Section 2-182. Actions for money judgments; limitation.
Actions for money judgments may be pursued only on fines levied after October 1, 2000."
Section 3. 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.
Section 4. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 5. This Ordinance shall take effect immediately upon passage.
PLACED ON FIRST READING THIS 13th DAY OF MARCH, 2003.
PLACED ON SECOND, FINAL READING AND PASSED TI-I~S~27th DAY OF MARCH, 2003.
(VILLAGE SEAL)
YOR
ATTEST:
VILLAGE CLERK
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