Ordinance 1979-019 Creation of Code Enforcement BoardORDINANCE NO. 19-79
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, PALM BEAC}{
COUNTY, FLORIDA, CREATING A CODES ENFORCEMENT BOARD; PRO-
VIDING FOR DEFINITIONS; PROVIDING FOR ORGANIZATION;
PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR HEARING;
PROVIDING FOR POWERS; PROVIDING FOR FINES; PROVIDING FOR
APPEAL; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN
EFFECTIVE DATE,
WHEREAS, pursuant to the "Palm Beach County Municipal Code Enforce-
ment Board Act" of 1979, each municipality in Palm Beach County may, at its
option, create by ordinance a Code Enforcement Board; and
' W}IEREAS, the Village Council of the Village of North Palm Beach to
promote, protect and improve the health, safety and welfare of the citizens
of North Palm Beach hereby creates and establishes a Code Enforcement Board
to provide an equitable, expeditious, effective and inexpensive method of
enforcing the hereinafter described codes of the Village of North Palm Beach.
NOW, T}{EREFORF., BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH
PALM BEACH, FLORIDA:
Section 1. Declaration of Legislative Intent: It is the intent oi'
t}iis ordinance to promote, protect and improve the health, safety and weli'are
of the citizens of North Palm Beach by providing an equitable, expeditious,
effective and inexpensive method of enforcing the hereinafter described codes
of the Village of North Palm Beach.
Section 2. Applicability; The Code Enforcement Board shall enforce
and have jurisdiction of the following codes:
' Chapter 6, Village of North Palm Beach Code, including
the Building Code, the Appearance Code and the Sign Code.
Chapter 12, Village of North Palm Beach Code, including
the Fire Prevention Code.
Chapter 13, Village of North Palm Beach Code, containing
the Gas Code.
Chapter 45, Village of North Palm Beach Code, containing
the Zoning Code.
Chapter 36, Village of North Palm Beach Code, containing
the Subdivisions Code.
Chapter 17, Village of North Palm Beach Code, containing
the Occupational License Code.
Chapter 25, Village of North Palm Beach Code, containing
the Swinuning Pool Code.
Chapter 22, Village of North Palm Beach Code, containing
the Plumbing Code.
' Chapter 14, Village of North Palm Beach Code, containing
the Health and Sanitation Code.
Chapter 11, Village of North Palm Beach Code, containing
the Electrical Code.
Chapter 7, Village of North Palm Beach Code, containing
the Bulkhead Lines Code.
Section 3. Definitions:
A. Code Inspector - Those authorized agents or employees of the
Village of North Palm Beach whose duty it is to insure Code compliance with
the Codes referred to above, including, but not limited to the Village
Manager, Building Official, Director of Public Safety, and Finance Director.
}3. Attorney - Attorney for the Village of North Palm Beach.
C. Enforcement Board - The Code Enforcement Board.
' Section 4. Enforcement Board; Organization: The Village Council
shall appoint a five (5) member Code Enforcement Board and legal counsel for
the Board. The members shall have the following qualifications and terms of
office:
A. Members of the Enforcement Board shall be residents of the
Village oi' North Palm Beach. Appointments shall be made by the Village
Council on the basis of experience or interest in the fields of zoning and
building control. The membership of the Enforcement Board shall, whenever
possible, be as follows:
1. An Architect.
2. A Businessman.
3. An Engineer.
' 4. A General Contractor.
5. A Realtor.
}3. In order that terms of office of all members will not expire
at the same time, the initial appointments to the Enforcement Board shall
be as follows;
One (1) member shall be appointed for a term of one (1) year.
7'wo (2) members shall be appointed for a term of two (2) years.
Two (2) members shall be appointed for a term of three (3) years.
Thereafter, all appointments shall be made for a term of three (3)
years. Any member may be reappointed from term to term upon approval of the
Village Council. Appointments to fill any vacancy on the Enforcement Board
shall be for the remainder of the unexpired term of office. Any member who
' rails to attend two (2) out of three (3) successive meetings without cause
and without prior approval of the Chairman shall automatically forfeit his
appointment and the Village Council shall promptly fill such vacancy. The
members shall serve at the pleasure of the Village Council.
C. The members of the Enforcement Board shall elect a Chairman
and a Secretary. The presence of three (3) or more members shall constitute
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a ytrorum of the Enforcement Board. Members shall serve without compensation,
but may be reimbursed for such travel expenses, mileage expenses, and per
diem expenses as may be authorized by the Village Council.
ll. The Village Attorney shall represent the Village by presenting
cases before the Board.
Section 5. Enforcement Procedure:
A. It shall be the duty of the Code Inspector to initiate enforcement
' proceedings of the various codes.
B. If a violation of the codes is found, the Code Inspector shall
rtotii'y t}te violator, unless paragraph C of this section applies, and give
said violator a reasonable time to correct the violation. Should the
violation continue beyond the time specified for correction, the Code
lrtspector shall notify the Enforcement Board and request a hearing pursuant
to the procedure in Section 7. Written notice shall be mailed to said
violator as provided herein.
C. If the Code Inspector has reason to believe a violation presents
a serious threat to the public health, safety and welfare, the Code Inspector
may proceed directly to the procedure in Section 6 without notifying said
violator.
' Section 6. Conduct of Hearing:
A. The Chairman of the Enforcement Board may call hearings of the
P,nforcernent Board and hearings may also be called by written notice signed
by at least three (3) members of the Enforcement Board. The Enforcement Board
at any hearing may set a future hearing date. The Enforcement Board should
attempt to convene no less frequently than once every two (2) months, but
may meet more or less often as the demand necessitates. Minutes shall be
kept oi' all tearings by the Enforcement- Board and all hearings shall be open
to the public. The Village Clerk shall provide clerical and administrative
personnel as may be reasonably required by the Enforcement Board for the
proper performance of its duties.
B. Each case before the Enforcement Board shall be presented by
' the Village Attorney's office.
C. The Enforcement Board shall proceed to hear the cases on the
agenda for that day. All testimony shall be under oath and shall be recorded.
'1'}ie Iati'orcement Roard shall take testimony from the Code Inspector and
alleged violator and from any witnesses called on behalf of either the
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Village or the alleged violator. Formal rules of evidence shall not apply;
however, fundamental due process shall be observed and govern said proceedings.
}3ot}i the Village and the alleged violator shall have the right to subpoena
witnesses to testify at the hearing.
ll. At the conclusion of the hearing, the Enforcement Board shall
issue finding of fact and conclusions of law and shall issue an order
affording the proper relief consistent with powers granted herein. The
' finding shall be by motion approved by a majority of those present and voting,
except that at least three (3) members of the Enforcement Board must vote
i'or the actions to be official.
Section 7. Powers of the Enforcement Board: The Enforcement
Board shall have the power to:
A. 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
' 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
Vi.llage's case against the alleged violator, the alleged violator shall be
permitted to present his evidence, testimony of other witnesses and his own
testimony in defense. The Village shall have the right to cross examine
t}ie 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 the evidence that the alleged violator is guilty
of violating the Code section of which he is accused.
}3. Subpoena alleged violators and witnesses to its hearings.
Subpoenas may be served by the Village's Police Department.
' C. Subpoena records, surveys, plats and other material.
D. Take testimony under oath.
F,. Issue orders having the force of law commanding whatever
steps are necessary to bring a violation into compliance.
Section 8. Fines. The Enforcement Board, upon notification by
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the Code Inspector that a previous order of the Enforcement Board has not
been complied with by the set time, may order the violator to pay a fine
not to exceed $500.00 per day if the violation continues past the date set
for compliance. A certified copy of an order imposing a fine may be
recorded in the public records and thereafter shall constitute a lien against
the land on which the violation exists. After one (1) year from the filing
oi' any such lien which remains unpaid, the Enforcement Board may authorize
' t}~e Village Attorney to foreclose on the lien.
Section 9. Appeal; An aggrieved party may appeal a ruling or
order oi' the Enforcement Board by certiorari in the Circuit Court of
Palm Beach County. An appeal shall be filed within thirty (30) days of
the execution of the order to be appealed.
Section 10. Notices: All notices required by this act shall be
by certified mail, return receipt requested, and where mail would not be
effective, by hand delivery by the Code Inspector.
Section 11. Effective date: October 1, 1979.
I']RST RF,ADING THE 13TH DAY OF SEPTEMBER, 1979.
SECOND READING, FINAL READING IN FULL AND PASSAGE THIS 27TH DAY OF
ShPTF,MBER, 1979.
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/s/ W, H. BROWN
MAYOR
A7'I'FS1':
/s/ Dolores R. Walker
VILLAGF, CLERK
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