HomeMy Public PortalAboutORD 06/02ORDINANCE NO. 06/02
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE III, BOARDS AND COMMISSIONS, DIVISION 2,
CODE ENFORCEMENT BOARD; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS
Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 2, Administration, Article III, Boards and Commissions, Division 2,
Code Enforcement, to read as follows:
"ARTICLE III. BOARDS AND COMMISSIONS
DIVISION 2. CODE ENFORCEMENT
Sec. 2-66. Title.
This division may be known and cited as the "Code Enforcement
Ordinance of the town of Gulf Stream, Florida."
Sec. 2 -67 Special rmagistrate; term.
(a) There is hereby established a special mas-termagistrate who
shall be designated by the town commission.
(b) The special mastermagistrate shall be appointed for a term
of two years and shall be appointed to serve in an ex- off icio capacity if the
special magistrate serves other local aovern a secial
ments as p
magistrate. Such service to other local governments does not crate
duties inconsistent with serving as special magistrate to the Town of Gulf
Stream.
(c) The special +waste magistrate shall be an attorney and a
member of the Florida Bar.
(d) The special ma`ste magistrate shall serve at the plea -sure of
the town commission.
(e) The special maatermagistrate shall preside over code
enforcement matters scheduled to be heard from time to time.
(f) Minutes shall be maintained at all hearings presided over by
the special mast ermagistrate; all hearings shall be open to the public. The
town shall provide clerical and administrative personnel as may be
required by the special mastermagistrate for the proper performance of
his /her duties.
(g) The town attorney or his /her designee shall represent the
town by presenting cases before the special mast _z; agistrate.
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Sec. 2-68. Jurisdiction.
(a) The special mast -4 agistrate shall have the jurisdiction and
authority to hear and decide any alleged violations of the following
chapters of the Code and ordinances of the town as the same may be
amended from time to time:
(1) Chapter 6, Animals;
(2) Chapter 10, Businesses, Professions and Occupations;
(3) Chapter 18, Emergency Systems;
(4) Chapter 22, Nuisances;
(5) Chapter 26, Offenses;
(6) Chapter 38, Waterways;
(7) Chapter 42, Buildings and Building Regulations;
(8) Chapter 52, Marine Facilities, Structures and Places; and
(9) Chapter 66, Zoning.
(10) Chapter 70, Design Manual.
(b) The jurisdiction of the special maste4maaistrate shall not be
exclusive. Any alleged violation of any of the aforesaid codes and
ordinances may be pursued by appropriate remedy in the court at the
option of the administrative official bearing responsibility for enforcement
of that respective code or ordinance.
Sec. 2 -69. Enforcement procedure.
(a) An employee of the town who is duly authorized by the town
manager and responsible for the enforcement of such ordinances,
hereinafter referred to as a "code enforcement officer," may initiate code
enforcement proceedings and issue citations or notices of violation to a
person or persons to appear in front of the special ma-stermagistrate when
the code enforcement officer, upon personal investigation, has reasonable
cause to believe that the person or persons are in violation of the codes
cited in this division. Employees who may be designated as code
enforcement officers may include but are not limited to, code inspectors,
law enforcement officers, public works inspectors, fire safety inspectors,
and zoning inspectors.
(b) If a violation of the codes is found, the code inspector shall
notify the violator, unless subsection (c) below applies, and give such
violator a reasonable time, which shall not exceed 30 days, to correct the
violation. Should the violation continue beyond the time specified for
correction, the code inspector shall notify the special mast 4 agistrate
and request a hearing. The special mastermagistrate shall schedule a
hearing, and written notice of such hearing shall be hand delivered or
mailed as provided in section 2 -75 to the violator. At the option of the
special maste4magistrate, notice may additionally be served by publication
or posting as provided in section 2 -75. 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 special
master magistrate_ even if the violation has been corrected prior to the
special mastermaoistrate hearing, the notice shall so state.
(c) 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 special mast -aF agistrate and request a
hearing. The special mast e maWstrate shall schedule a hearing and shall
provide notice pursuant to section 2 -75. The case may be presented to
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the special FRastefmaaistrate even if the repeat violation has been
corrected prior to the hearing, and the notice shall so state. If the repeat
violation has been corrected, the special +;astefmaaistrate 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 the costs as
determined by the special mastefmagistrate. A repeat violation is a
violation of a provision of a code or ordinance by a person whom the
special mastsrmaaistrate has previously found to have violated the same
provision within five years prior to the violation.
(d) If the code inspector has reason to believe a violation of 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 special Fnast�4 aaistrate and
request a hearing.
Sec. 2 -70. Conduct of hearings.
(a) At the hearing, the burden of proof shall be upon the town to
show by substantial competent evidence that a violation did occur or does
exist, or has been repeated. Assuming proper notice of hearing has been
given to the respondent, either as actual notice or as provided herein, a
hearing may proceed in the absence of the respondent.
(b) All testimony shall be under oath and shall be recorded. The
formal rules of evidence shall not apply. Irrelevant, immaterial and unduly
repetitious evidence of a type commonly relied upon by reasonable
prudent persons in the conduct of their affairs shall be admissible, whether
or not such evidence would be admissible at a trial in the courts of the
state. Documentary and physical evidence may be admitted.
(c) The special ff+astermaaistrate may inquire of any witness
who is testifying before him /her. The respondent, or his attorney and the
town attorney and his /her designee shall be permitted to inquire of any
witness before the special mastefmaaistrate. The special
ff a s magistrate may call any witness deemed necessary to provide a full
and fair hearing of the case.
(d) At the conclusion of the hearing, the special
aermagistrate shall issue findings of fact based on evidence on the
record and conclusions of law, and shall issue an order affording the
proper relief consistent with the powers granted herein. The order shall be
stated orally at the meeting, and shall be reduced to writing and mailed to
the alleged violator within ten working days after the hearing. The order
may include a notice that it must be complied with by a specified date and
that a fine, as well as the cost of repairs, may be imposed if the order is
not complied with by such date. A certified copy of such order may be re-
corded 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 or successors in interest or assigns.
Sec. 2-71. Powers.
The special Friastefmagistrate shall have the power to:
(1) Adopt rules for the conduct of his /her meetings and
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hearings.
(2) Subpoena alleged violators and witnesses to his /her
hearings.
(3) Subpoena evidence as necessary for his/ her hearings,
including, but not limited to physical and documentary evidence such as
records, surveys, plats and photo - graphs.
(4) Take testimony under oath.
(5) Issue orders having the force and effect of law which can
command whatever steps are necessary to bring a violation into
compliance, such decision to be made at the hearing and reduced to
writing and mailed to the respondent(s) within ten working days thereafter.
(6) Establish and enforce fines pursuant to section 2 -72.
(7) Authorize the town attorney to foreclose on liens imposed
pursuant to section 2 -72 which remain unpaid after a period of three
months.
(8) Authorize the reduction of any fine he /she has imposed.
Sec. 2 -72. Administrative fines, costs of re -pair; liens.
(a) The special n}a-stermaaistrate, upon notification by the code
inspector that an order of the special mastermaaistrate has not been
complied with by the set time or, upon finding that a repeat violation has
been committed, 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 by the special mastermaaistrate for compliance or, in the case of a
repeat violation, for each day the repeat violation continues, beginning
with the date the repeat violation is found to have occurred by the special
Fna-stermaaistrate. In addition, if the violation is a violation described in
subsection 2 -69(d) of this division, the special mastermaaistrate shall
notify the local governing body, which may make all reasonable repairs
which are required to bring the property into compliance and charge the
violator with the reasonable cost of the repairs along with the fine imposed
pursuant to this section. If a finding of a violation or a repeat violation has
been made as provided in this section, a hearing shall not be necessary
for issuance of the order imposing the fine. If, after due notice and
hearing, a special mastefmaaistrate finds a violation to be irreparable or
irreversible in nature, it may order the violator to pay a fine as specified in
subsection (b), below.
(b) A fine imposed pursuant to this section shall not exceed
$250.00 per day for a first violation, and shall not exceed $500.00 per day
for a repeat violation, and, in addition may include all costs of repairs
pursuant to subsection (a), above. However, if the special
n}asteFinaaistrate finds the violation to be irreparable or irreversible in
nature, it may impose a fine not to exceed $5,000.00 per violation.
(c) In determining the amount of the fine, if any, the special
ff as rmaaistrate shall consider the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and
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(3) Any previous violations committed by the violator.
(d) A certified copy of an order imposing a fine may be recorded
in the public record 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 may
be 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 section shall continue to accrue until the
violator comes into compliance or until a judgment is rendered in a suit to
foreclose on a lien filed pursuant to this section, whichever occurs first. A
lien arising from a fine imposed pursuant to this section runs in favor of the
town and the town may execute a satisfaction or release of a lien entered
pursuant to this section. After three months from the filing of any such lien
which remains unpaid, the town may authorize the town attorney to
foreclose on the lien. No lien created pursuant to the provisions of this
section may be foreclosed on real property which is a homestead under
Section 4, Article X of the State Constitution.
Sec. 2-73. Duration.
No lien provided under this division shall continue for a period
longer than 20 years after the certified copy of an order imposing a fine
has been recorded, unless within that time an action to foreclose on the
lien is commenced in a court of competent jurisdiction. In an action to
foreclose on a lien, the prevailing party is entitled to recover all costs,
including a reasonable attorney's fee, that it incurs in the foreclosures.
The town shall be entitled to collect all costs incurred in recording and
satisfying a valid lien. The continuation of the lien effected by the
commencement of the action shall not be good against creditors or
subsequent purchasers for valuable consideration without notice, unless a
notice of lis pendens is recorded.
Sec. 2-74. Appeals.
An aggrieved party, including the town, may appeal a final
administrative order of the special a aastermagistrate to the circuit court of
Palm Beach County, Florida. Such an appeal shall not be a hearing de
novo, but shall be limited to appellate review of the record created before
the special g4astermaaistrate. The appeal shall be filed within 30 days of
the execution of the order to be appealed.
Sec. 2-75. Notices.
(a) All notices required by this section shall be provided to the
alleged violator by certified mail, return receipt requested; by hand delivery
by the sheriff or other law enforcement officer, code inspector, or other
person designated by the local governing body; or by leaving the notice at
the violator's usual place of residence with any person residing therein
who is above 15 years of age and informing such person of the contents
of the notice.
(b) In addition to providing notice as set forth in this section, at
the option of the special R4astefmaaistrate, notice may also be served by
publication or posting, as follows:
(1) Such notice shall be published once during each week for
four consecutive weeks (four publications being sufficient) in
a newspaper of general circulation in Palm Beach County,
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Florida. The newspaper shall meet such requirements as
are pre- scribed under F.S. ch. 50 for legal and official
advertisements.
(2) Proof of publication shall be made as provided in F.S. §§
50.041 and 50.051.
(3) In lieu of publication as described in this section, such notice
may be posted for at least ten days 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 town hall.
(4) 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 this section.
(d) Evidence that an attempt has been made to hand deliver or
mail notice as provided in this section, together with proof of publication or
posting as provided in this section shall be sufficient to show that the
notice requirements of this section have been met, without regard to
whether or not the alleged violator actually received such notice.
Sec. 2-76. Procedure to request that a fine or lien imposed
pursuant to section 2 -72 be reduced; conditions and
criteria therefor.
(a) The owner of real property against which a fine sr- lies -has been
imposed pursuant to section 2 -72 may apply to the special
n4aste-Fmaa_„ ist�, through the town attorney or his /her designee, for a
satisfaction of the fine er-l+er-r-with less than full payment thereof. No such
application shall be considered by the special maste magistrate until the
applicant has first shown that:
(1) All ad valorem property taxes, special assessments, town
utility charges and other government- imposed liens against
the subject real property have been paid.
(2) The applicant is not personally indebted to the town for any
reason.
(3) All town code violations have been corrected under
necessary permits issued therefor.
(b) In considering an application to reduce a fine or lien imposed
pursuant to section 2 -72, no satisfaction thereof shall be approved by the
special mastefmagistrate with less than full payment thereof, unless the
special maste4magistrate shall make a specific finding that no violation of
any ordinance de- scribed in section 2 -68 of this Code exists on the subject
real property.
(c) The balance of any fine or lien imposed pursuant to section
2 -72 that is reduced by the special mastermagistrate shall be paid on such
terms as approved by the special ma-stermagistrate.
(d) If the property for which an application for a fine reduction is
being considered is owned by a government or quasi - government entity,
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the special maste4magistrate may reduce such fine even if the violation
has not been corrected.
(e) Where recording has occurred and a lien filed against the
property, any request for a satisfaction of the lien with less than full
payment shall be considered by the town commission not the special
magistrate.
Sec. 2 -77. Provisions supplemental and cumulative
Nothing contained in this division shall in any way bar or prohibit
the maintenance of a suit at law or in equity by the town to enjoin or
correct any violation of the ordinances of the town, nor to bar or prohibit
the town from filing charges against any person, firm or corporation
violating any town ordinance as provided by existing laws. This division
shall be construed to be supplemental and cumulative with any and all
other remedies available to the town and not exclusive.
Sec. 2 -78. Alternative code enforcement procedures.
The town may employ other methods of code enforcement
including, but not limited to, the issuance of a notice to appear in county
court or arrest for violation of municipal ordinances as provided for in F.S.
ch. 901. Unless otherwise specifically authorized and provided for by law,
a person convicted of violating a municipal ordinance may be sentenced
to pay a fine not to exceed $500.00, and may be sentenced to a definite
term of imprisonment not to exceed 60 days, in a municipal detention
facility or other facility as authorized by law."
Section 2. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Gulf Stream.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
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PASSED AND ADOPTED in a regular, adjourned session on first reading this
5th day of May , 2006, and for a second and final reading on this 9th
day of June , 2006.
ATT T. n
Clerk
N: \JCR \13147 -01 \Ord Chapter 2 Code Enf.DOC
Commissioner
Commissioner
Mt-,u
Commissions
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