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
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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
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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:
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(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
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