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HomeMy Public PortalAboutORD 98/03ORDINANCE NO. 98/3 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, BY INCLUDING THEREIN A NEW ARTICLE III TO BE ENTITLED BOARDS AND COMMISSIONS; BY CREATING A NEW DIVISION 1 ENTITLED CODE ENFORCEMENT; PROVIDING FOR A SPECIAL MASTER SYSTEM OF CODE ENFORCEMENT; PROVIDING CODE ENFORCEMENT PROCEDURES; 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. Chapter 2 of the Code of Ordinances of the Town of Gulf Stream relating to Administration is hereby amended by including a new Article III entitled Boards and Commissions, to read as follows: "ARTICLE III DIVISION 1 Sec. 2-43. Title. BOARDS AND COMMISSION CODE ENFORCEMENT This ordinance may be known and cited as the "Code Enforcement Ordinance of the Town of Gulf Stream, Florida." Sec. 2-44. Special Master; Term. (a) There is hereby established a Special Master who shall be designated by the Town Commission of the Town of Gulf Stream. (b) The Special Master shall be appointed for a term of two (2) years. (c) The Special Master shall be an attorney and a member of the Florida Bar. (d) The Special Master shall serve at the pleasure of the Town Commission. (e) The Special Master 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 Master; all hearings shall be open to the public. The Town shall provide clerical and administrative personnel as may be required by the Special Master 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 Master. Sec. 2-45. Jurisdiction. The Special Master shall have the jurisdiction and authority to hear and decide any alleged violations of the following chapters of the codes 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, Marina Facilities, Structures and Places; and (9) Chapter 66, Zoning. The jurisdiction of the Special Master 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. 2-46. Enforcement Procedure. (a) An employee of the Town who is duly authorized by the Town Manager and responsible for the enforcement of said 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 Master 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 ordinance. 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 paragraph (c) of this section applies, and give said violator a reasonable time, which shall not exceed thirty (30) days, to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify the Special Master and request a hearing. The Special Master shall schedule a hearing and written notice of such hearing shall be hand delivered or mailed as provided in Section 2-52 to said violator. At the option of the Special Master, notice may additionally be served by publication or posting as provided in Section 2-52. 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 even if the violation has been corrected prior to the Special Master 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 Master and request a hearing. The Special Master shall schedule a hearing and shall provide notice pursuant to Section 2-52. The case may be presented to the Special Master 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 2 h Master 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 said costs as determined by the Special Master. A repeat violation is a violation of a provision of a code or ordinance by a person whom the Special Master has previously found to have violated the same provision within five (5) 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 Master and request a hearing. Sec. 2-47. 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 Florida. Documentary and physical evidence may be admitted. (c) The Special Master 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 Master. The Special Master 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 Master 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 (10) 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 said date. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. 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 or successors in interest or assigns. } Sec. 2-48. Powers. The Special Master shall have the power to: (1) Adopt rules for the conduct of his/her meetings and 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 photographs. (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, said decision to be made at the hearing and reduced to writing and mailed to the respondent(s) within ten (10) working days thereafter. (6) Establish and enforce fines pursuant to Section 2-49 herein. (7) Authorize the Town Attorney to foreclose on liens imposed pursuant to Section 2-49 which remain unpaid after a period of three (3) months. (8) Authorize the reduction of any fine he/she has imposed. Sec. 2-49. Administrative Fines, Costs of Repair; Liens. (a) The Special Master, upon notification by the code inspector that an order of the Special Master 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 Master 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 Master. In addition, if the violation is a violation described in Section 2-46 (d) of this ordinance, the Special Master 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 Master finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in. paragraph (b) hereof. (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). However, if the Special 4 t Master 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 Master shall consider the following factors: (1) the gravity of the violation; (2) any actions taken by the violator to correct the violation; and (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 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 lien entered pursuant to this section. After three (3) 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 this provisions of this section may be foreclosed on real property which is a homestead under Section 4, Article X of the State Constitution. Sec. 2-50. Duration. No lien provided under the this ordinance 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. 2-51. Appeals. An aggrieved party, including the may appeal a final administrative Master to the circuit court of Florida. Such an appeal shall not but shall be limited to appellate created before the Special Master. filed within thirty (30) days of order to be appealed. 5 Town of Gulf Stream, order of the Special Palm Beach County, be a hearing de novo, review of the record The appeal shall be the execution of the Sec. 2-52. 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 fifteen (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 Master, notice may also be served by publication or posting, as follows: (1) Such notice shall be published once during each week for four (4) consecutive weeks (four (4) publications being sufficient) in a newspaper of general circulation in Palm Beach County, Florida. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements. (2) Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statutes. (3) In lieu of publication as described in this section, such notice may be posted for at least ten (10) days in at least two (2) 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. 2-53. Procedure to request that a fine or lien imposed pursuant to Section 2-49 be reduced; conditions and criteria therefor. (a) The owner of real property against which a fine or lien has been imposed pursuant to Section 2-49 may apply to the Special Master, through the Town attorney or his/her designee, for a satisfaction of said fine or lien with less than full payment thereof. No such application shall be considered by the Special Master until the applicant has first shown that: 0 (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 of Gulf Stream 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 2-49, no satisfaction thereof, shall be approved by the Special Master with less than full payment thereof, unless the Special Master shall make a specific finding that no violation of any ordinance described in Section 2-45 of this Code exists on the subject real property. (c) The balance of any fine or lien imposed pursuant to Section 2-49 that is reduced by the Special Master shall be paid on such terms as approved by the Special Master. (d) If the property for which an application for a fine reduction is being considered is owned by a government or quasi -government entity, the Special Master may reduce such fine even if the violation has not been corrected. Sec. 2-54. Provisions supplemental and cumulative. Nothing contained in this ordinance 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 ordinance 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 article shall be construed to be supplemental and cumulative with any and all other remedies available to the Town and not exclusive. Sec. 2-55. 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 Chapter 901, Florida Statutes. 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." 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 14th day of April , 1998, and for a second and finalrea ' on this 15th day of May 1998. AT ST: T CLERK 3