HomeMy Public PortalAboutORD 09/06ORDINANCE N0. 009/6
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
AT ARTICLE III, BOARDS AND COMMISSIONS, DIVISION
2, CODE ENFORCEMENT, BY AMENDING SECTION 2 -70
THEREOF TO INCLUDE A PROVISION AUTHORIZING
THE IMPOSITION OF AN ADMINISTRATIVE FEE OF
$150.00 IN THE EVENT OF A FINDING OF
NONCOMPLIANCE IN ADDITION TO ANY FINE WHICH
MAY OTHERWISE BE IMPOSED; 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, Section 2 -70, Conduct of Hearings, to read as follows:
"Sec. 2 -70. Conduct of hearincs.
(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 magistrate 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 magistrate. The special 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 magistrate shall
Issue findings of fact based an 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. In the event the Town prevails in
prosecuting a case before the magistrate, it shall be entitled to recover all
costs incurred in prosecuting the case before the special magistrate and
such costs may be included in the lien authorized under Section 2 -72 of
this chapter. Administrative costs, for purposes of this section, shall be
$150.00. The order entered by the magistrate shall include, in the event
of noncompliance, a finding of noncompliance, that the violator is required
to pay the Town administrative costs In the amount of $150,00, that the
order 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. The administrative costs shall be due regardless of whether
the order is complied with by the requisite date, A certified copy of such
order may be re- carded 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,"
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,
PASSED AND ADOPTED in a regular, adjourned session on first reading this
9th day of October , 2009, and for a second and final reading on this 13th
day of November '12009.
ATTEST:
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Town Clerk
commissioner
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