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Pages Replaced by Supplement #22 TABLE OF CONTENTS Page Officials of the Village iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages [1] PART I CHARTER Charter 1 Art. I. Corporate Name 3 Art_ II. Territorial Boundaries 3 Art. III. Legislative 6.1 Art. IV. Administrative 11 Art. V. Qualifications and Elections 13 Art. VI. Transition Schedule 14 Charter Comparative Table 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions 77 2. Administration 133 Art. I. In General 135 Art. II. Council 136 Div. 1. Generally 136 Div. 2. Rules of Procedure 136.1 Art. III. Administrative Code 137 Div. 1. Generally 137 Div. 2. Department of Treasury 138.1 Div. 3. Department of Finance 139 Div. 4. Department of Records 140 Div. 5. Department of Public Safety.. 141 Div 6. Department of Public Services 141 Div. 7. Department of Library 142 Div. 8. Department of Country Club 142 Div. 9, Department of Recreation 142 Art. IV. Manager 142 Art. V. Pensions and Retirement Systems 142.1 Div. 1. Generally 142.1 Div. 2. Social Security 142.1 Supp. No. 20 Xl i i NORTH PALM BEACH CODE Chapter Page Div. 3. Pension and Certain Other Benefits for Gen- eral Employees 142.3 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees 150.1 Div. 5. Length of Service Award Plan for Volunteer Firefighters 158.3 Art. VI. Code Enforcement Board 159 3. Alcoholic Beverages 211 4. Animals and Fowl 263 Art. I. In General 265 ~ Art. II. Dogs and Cats 266 Art. III. Rabies Control 268 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching Area 325 Art. III. Construction Requirements 326 Div. 1. Generally 326 Div. 2. Canals 326 Div. 3. Bulkheads and Seawalls 327 Div. 4. Docks and Piers 328 Div. 5. Erosion Control Structures . 333 Art. IV. Marine Sanctuaries 333 6. Buildings and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 384 Div. 1. Generally .384 Div. 2. Reserved 398.3 Div. 3. Certificate of Appropriateness 398.3 Art. IV. Reserved 398.5 Art. V. Signs and Outdoor Displays 398.5 Art. VI. Energy Efficiency Building Code 398.16 .Art. VII. Coastal Construction Code 398.16 7. Bulkhead Lines 453 Art. I. In General 455 Art. II. Filling Permit 455 8. Civil Emergencies 507 Art. I. In General 509 Art. II. Civil Disorders and Disturbances 509 9. Country Club 559 Art. I. In General 561 Art. II. Advisory Board 562 Art. III. Finances 563 10. Elections 615 Art. I. In General 617 Supp. No. 20 xli TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. IV. Polling Place 620 11. Electricity 671 Art. I. In General 673 Art. II. Electrical Code 673 11.5. Emergency Service 695 Art. I. In General 697 Art. II. Emergency Medical Services 697 12. Fire Prevention and Protection 723 Art. I. In General 725 Art. II. Fire Prevention Code 725 Art. III. Fire Division 726 Div. 1. Generally 726 Div. 2. Personnel 727 Div. 3. Equipment 727 Div. 4. Reserved 728 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances 728 12.5 Flood Damage Prevention 777 Art. I. In General 779 Art. II. Administration 783 Art. III. Provisions for Flood Hazard Reduction 786 13. Reserved 839 14. Health and Sanitation 889 Art. I. In General 891 Art. II. Garbage, Trash and Refuse 891 Div. 1. Generally 891 Div. 2. Garbage Collection and Disposal 891 Div. 3. Abandoned, Inoperative and Junked Prop- erty 892 Art. III. Reserved 895 Art. N Weeds and Brush 895 15. Housing 945 16. Library 997 Art. I. In General 999 Art. II. Library Board 999 17. Licenses and Miscellaneous Business Regulations 1051 Art. I. In General 1053 Art. II. Occupational Licenses 1054 Art. III. Businesses Located Outside Village Limits 1060 Art. IV. Reserved 1063 Art. V. Ambulances 1063 Art. VI. Garage and Other Sales 1063 Supp. No. 16 X111 i NORTH PALM BEACH CODE Chapter Page 17.5 Reserved 1121 18. Motor Vehicles and Traff"is 1171 Art. I. In General 1173 Art. II. Operation of Vehicles Generally 1173 Art. III. Stopping, Standing and Parking 1174 19. Offenses and Miscellaneous Provisions 1225 Art. I. In General 1227 Art. II. Reserved 1228 Art. III. Offenses Against Property 1228 Art. IV. Offenses Against Public Morals 1228 Art. V. Offenses Against Public Peace 1229 Art. VI. Noise Control 1229 Art. VII. Reserved 1235 Art. VIII. Weapons 1235 Art. IX. Water Shortage Emergencies 1236 Art. X. Alarms 1238 Art. XI. Wellfield Protection 1241 20. Parks, Playgrounds and Recreation 1289 Art. I. In General 1291 Art. II. Meetings and Gatherings 1292 Div. 1. Generally 1292 Div. 2. Permit 1292 1 Art. III. Recreation Advisory Board 1293 J 21. Planning and Development 1343 Art. I. In General 1345 Art. II. Planning Commission 1346 Art. III. Board of Adjustment 1347 Art. IV. Concurrency Management 1349 Art. V. Stormwater Management 1360 Art. VI. Archaeological Site Protection Regulations.... 1363 22. Reserved 1411 23. Police 1463 Art. I. In General 1465 Art. II. Reserved 1465 Art. III. Reserve Force 1465 24. Streets, Sidewalks and Public Places 1517 Art. I. In General 1519 ~ Art. II. Excavations 1519 Div. 1. Generally 1519 Div. 2. Permit 1520 Art. III. Sidewalks and Driveways 1520 Div. 1. Generally 1520 Div. 2. Permits 1522 25. Swimming Pools 1573 Art. I. In General 1575 Supp. No. 16 X1V TABLE OF CONTENTS-Contd. Chapter Page Art. II. Construction Permits 1576 Art. III. Public and Private Pools 1577 26. Taxation 1627 Art. I. In General 1629 Art. II. Insurance Excise Taxes 1629 Art. III. Utility Tax 1629 Art. IV. Utility Tax 1630 27. Trees and Shrubbery 1681 Art. I. In General 1683 Art. II. Trees in Swale Areas 1683 Art. III. Landscaping 1683 Div. 1. Generally 1683 Div. 2. Reserved 1686 Div. 3. Requirements for Certain Yard Areas, Off- Street Parking and Other Vehicular Use Areas 1686 28. Use of Rights-Of--Way for Utilities 1739 29. Telecommunications 1781 Appendices A. Appearance Plan 2043 B. Subdivisions 2353 Art. I. In General 2355 Art. II. Procedures for Subdivision Plat Approval 2358 Art. III. Design Standards 2365 Art. IV. Required Improvements 2368.1 Art. V. Enforcement Provisions 2372 Art. VI. Amendments 2378 Art. VII. Legal Status 2379 C. Zoning 2479 Art. I. In General 2481 Art. II. Generally 2482.3 Art. III. District Regulations 2486.4 Arts. IV, V. Reserved 2515 Art. VI. Amendments-Fees; Waiting Periods......... 2515 Art. VII. Nonconforming Uses of Land and Structures. 2516 D. Franchises 2619 Statutory Reference Table 2819 Code Comparative Table-1970 Code 2869 Code Comparative Table-Laws of Florida 2873 Supp. No. 21 xv NORTHPALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 213, 214 19 727, 728 5 263 OC 729 5 265, 266 OC 777 OC 267, 268 17 779, 780 OC 269 17 781, 782 OC 319 OC 783, 784 OC 321, 322 17 785, 786 OC 323, 324 16 787, 788 OC 325, 326 16 789 OC 327, 328 21 839 OC 329, 330 20 889 OC 331, 332 20 891, 892 21 333, 334 20 892.1 15 381 OC 893, 894 OC 383, 384 17 895, 896 OC 385 17 945 OC 398.3, 398.4 7 947, 948 3 398.5, 398.6 8 997 OC 398.7, 398.8 17 999, 1000 10 398.9, 398.10 17 1051 OC 398.11, 398.12 21 1053, 1054 9 l 398.13, 398.14 20 1054.1, 10542 9 J 398.14.1 20 1055, 1056 21 398.15, 398.16 8 1057, 1058 21 399, 400 OC 1059, 1060 21 401, 402 OC 1060.1 14 ' 403 OC 1061, 1062 8 453 OC 1063, 1064 8 455, 456 OC 1121 OC 507 OC 1171 OC 509 OC 1173, 1174 17 559 17 1175 19 561, 562 17 1225 OC 563 17 1227, 1228 OC 6.15 OC 1229, 1230 21 617, 618 OC 1231, 1232 21 619, 620 6 1233, 1234 21 671 2 1235, 1236 21 673 19 1237,1238 16 695 13 1239,1240 21 697 13 1241,1242 21 723 2 1289 3 725, 726 13 1291, 1292 OC 726.1 13 1293, 1294 17 Supp. No. 21 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1343 4 2047, 2048 OC 1345, 1346 OC 2049, 2050 OC 1347, 1348 OC 2051, 2052 OC 1349, 1350 OC 2053 OC 1351, 1352 14 2353 OC 1352.1 14 2355, 2356 OC 1353, 1354 OC 2357, 2358 OC 1355, 1356 OC 2359, 2360 OC 1357, 1358 OC 2361, 2362 OC 1359, 1360 OC 2363, 2364 OC 1361, 1362 5 2365, 2366 OC 1363, 1364 5 2367, 2368 1 1365, 1366 5 2368.1 1 1367 5 2369, 2370 OC 1411 OC 2371, 2372 OC 1463 OC 2373, 2374 OC 1465, 1466 OC 2375, 2376 OC 1517 OC 2377, 2378 OC 1519, 1520 OC 2379 OC 1521, 1522 OC 2479 9 1523 OC 2481, 2482 21 1573 OC 2482.1, 2482.2 21 1575, 1576 OC 2482.3 21 1577 OC 2483, 2484 14 1627 9 2485,2486 16 1629, 1630 21 2486.1, 2486.2 16 1631 21 2486.3, 2486.4 16 1681 OC 2487, 2488 OC 1683, 1684 OC 2488.1, 2488.2 18 1685, 1686 OC 2489, 2490 18 1687, 1688 17 2491, 2492 18 1689, 1690 17 2493, 2494. 18 1739 14 2495,2496 18 1741, 1742 21 2497, 2498 21 1781 21 2499,2500 21 1783, 1784 21 2500.1 21 1785, 1786 21 2501, 2502 18 1787, 1788 21 2503, 2504 18 1789, 1790 21 2504.1, 2504.2 16 1791, 1792 21 2505, 2506 10 1793, 1794 21 2507, 2508 13 1795, 1796 21 2509, 2510 13 2043 OC 2510.1, 2510.2 13 2045, 2046 10 2510.3, 2510.4 13 Supp. No. 21 ~3~ i NORTHPALM BEACH CODE Page No. Supp. No. 2510.5, 2510.6 17 2510.7, 2510.8 17 2510.9 17 2511, 2512 OC 2513, 2514 OC 2515, 2516 OC 2517, 2518 OC 2619 21 2819, 2820 21 2869, 2870 OC 2871 OC 2873 OC 2875, 2876 OC 2877, 2878 OC 2879, 2880 OC 2881, 2882 14 2883, 2884 14 2885, 2886 19 2887 21 2933, 2934 OC 2935, 2936 19 2937, 2938 17 2939, 2940 21 2940.1 21 2941, 2942 17 2943, 2944 17 2945, 2946 19 2946.1 19 2947, 2948 17 2949, 2950 20 2950.1 20 2951, 2952 16 2953, 2954 21 2955, 2956 21 2965, 2966 15 2967 15 Supp. No. 21 [4] ADMINISTRATION § 2-4 ARTICLE I. IN GENERAL of each year, which ordinance shall fix and deter- mine the amount of money to be raised by taxa- Sec. 2-1. Committee and boards. tion in the village for the following fiscal year and shall also make separate and several appropria- (a) No person may be a member of any board tions for the payment of all necessary operating created by the village council to advise the village expenses of the village and for the payment of council on any matter unless such person shall be interest and principal of any indebtedness of the and remain a resident of the village during the village, and to set forth an estimate of all income term of office. from all sources whatsoever which shall be re- (b) Any person who, when appointed to any ceived by the village. such advisory board is a resident of the village but (c) Before final passage of the budget ordi- who later terminates such residency, shall, imme- diately upon termination of residency, be deemed nance, the village clerk shall cause the same as to be no longer a member of such advisory board introduced to be posted at the village hall and in and shall have no right or privilege to vote or at least one (1) other conspicuous place in the participate in matters of such board. village. At those places the village clerk shall post a notice stating the time and place the budget will (c) Any person who, within the term of his be acted on finally and shall also state in such appointment to the board, is absent from any notice that the estimate of the village manager three (3) regularly scheduled meetings of the upon which the budget is based is on file for board without such absence being excused by inspection of the public at the office of the village affirmative action of the board shall automati- clerk. The budget ordinance shall not be passed tally be deemed to no longer be a member of such by the council until twelve (12) days after such advisory board and shall have no right or privi- posting, but not later than September 30. lege to vote or participate in matters of such (Ch. 31481 (1956), Laws of Fla., Art. VII, § 3; Ch. board. The chairman of the board shall advise the 65-1969, Laws of Fla., § 5; Ord. No. 21-76, § 1, village council when any member falls within the 10-14-76; Ord. No. 15-77, 1, 2, 8-25-77) purview of this subsection. Charter reference-Provisions of former charter not (Code 1970, § 2-18) embraced in or inconsistent with 1976 revision continued in effect as ordinances, Art. VI, § 1. Sec. 2-2. Budget procedures. Sec. 2-3. Adjournment of meetings of boards (a) The village manager shall. prepare and and commissions. submit to the members of the council, at least forty-five (45) days prior to the first regular All regular meetings, special meetings and meeting of the council in September of each year, workshop meetings for village boards and com- a budget for the operation of the village govern- missions shall be adjourned on or before 11:00 ment during the next fiscal year, including an p.m. on the date when the meeting convened. estimate of the revenues and expenditures in (Ord. No. 21-95, § 1, 7-27-95) such forms as to afford the council. a comprehen- sive understanding of the needs and require- Sec. 2-4. Allowable investment activity for ments of the various divisions of the village gov- village funds. ernment for the ensuing year. Sufficient copies of this budget shall be prepared so that there shall The Village Council of the Village of North be at least three (3) copies on file in the office of Palm Beach, Florida, does hereby set forth the the village clerk. allowable instruments in which the village may invest its funds: (b) The council is hereby authorized and em- powered to prepare and adopt a budget for each (1) The Local Government Surplus Funds fiscal year by ordinance to be introduced at the Trust Fund, or any Intergovernmental first regular meeting of the council in September investment pool authorized pursuant to Supp. No. 19 135 I 1 § 2-4 NORTH PALM BEACH CODE yy t, the Florida Interlocal Cooperation Act, as Sec. 2-17. Regular meetings-When held. provided in Section 163.01 of the Florida Statutes. The regular meetings of the village council (2) Securities and Exchange Commission reg- shall be held on the second and fourth Thursdays istered money market funds with the high- of each month. est credit quality rating from a nationally (Code 1970, § 2-8) Charter reference-Meetings procedure, Art. III, § 9(a). recognized rating agency. (3) Saving accounts in state-certified quali- Sec. 2-18. Same-Presiding officer. Pied public depositories, as defined in Sec- tion 280.02 of the Florida Statutes. (a) The mayor shall preside at all meetings, if (4) Certificates of deposit in state-certified Present, and in his absence, the vice-mayor. In the qualified. public depositories, as defined in absence of both the mayor and vice-mayor, the Section 280.02 of the Florida Statutes. President pro tem shall preside. (5) Direct obligations of the U.S. Treasury. (b) The presiding officer shall preserve order and decorum. He shall appoint all committees (6) Federal agencies and instrumentalities. unless the council shall otherwise direct. The securities listed in paragraphs (3), (4), (5) and (6) above shall be invested to match invest- (c) Terms of mayor. No person may sex-ve more ment maturities with known cash needs and than one-year term as mayor of the village. A anticipated cash-flow requirements. person who served as mayor of the village for one (1) term shall not serve as mayor during the (Ord. No. 31-95, § 1, 10-26-96) following council year, but beginning one (1) year Editor's note-Ord. No. 31-95, adopted Oct. 26, 1996, has been codified herein at the discretion of the editor as § 2-4. after termination of his one-year term as mayor of ,j the village, he may again serve as mayor fora l period not to exceed one (1) year. Secs. 2-5-2-15. Reserved. (Code 1970, § 2-9; Ord. No. 218-70, § 1; Ord. No. 8-82, § 1, 4-22-82) ARTICLE II. COUNCIL* Sec. 2-19. Adjournment of all meetings. DIVISION 1. GENERALLY All regular meetings, special meetings and workshop meetings for the village council shall be adjourned on or before 11:00 p.m. on the date Sec. 2-16. Compensation. when the meeting convened. In the event there is pending business on the floor at 11:00 p.m. during The compensation of all members elected to the one (1) of the meetings, the chair shall at that village council other than the mayor is hereby time entertain a motion that the meeting be fixed at the sum of five hundred dollars ($500.00) reconvened at a time and date certain, but upon per month. The compensation of the mayor is failure of the council to agree upon such motion, hereby fixed at the sum of six hundred dollars the meeting shall be adjourned and the business ($600.00) per month. pending at the time of adjournment shall be the ~ (Code 1970, § 2-7; Ord. No. 20-78, § 3, 8-10-78; first item on the agenda of the next meeting of the Ord. No. 2-88, § 1, 1-14-88; Ord. No. 16-97, § 1, village council pertaining thereto. 3-13-97; Ord. No. 29-99, § 1, 8-26-99) (Ord. No. 24-79, § 1, 11-8-79) ~ Charter reference-Compensation, Art. III, § 4. 'Charter reference-Legislative provisions generally, Art. III. Secs. 2-20-2-25. Reserved. Supp. No. 19 136 ADMINISTRATION § 2-26 DIVISION 2. RULES OF PROCEDURE* Sec. 2-26. Order of business. The following order shall be observed in the transaction of business, but such order may be varied by unanimous consent of the councilmen present: (1) Roll call; Charter reference-Authority to determine rules of procedure, Art. III, § 9(b). Supp. No. 19 136.1 ADMINISTRATION § 2-85 DIVISION 5. DEPARTMENT OF PUBLIC (5) Traffic. Plan and conduct the control of SAFETY* traffic, the traffic educational program, the school patrols, the coordination of traffic ac- Sec. 2-75. Director's duties. cident prosecution. The director of public safety shall direct the po- (6) Radio. To operate and maintain radio equip- lice and fire work of the village, be responsible for ment. the enforcement and maintenance of law and order (c) Fire. The fire division shall be charged with and shall: the prevention of fires and the protection of life (1) Mahe assignments. Assign officers to their and property against fire and shall: duties. (1) Report losses. Report all fire losses to the village manager. (2) Designate instructor. Designate a compe- tent officer of the department to act as in- (2) Maintain equipment. Be responsible for the structor. Such officer shall conduct such maintenance and care of all property and schools as the- director shall order. equipment used by the department. (Code 1970, § 2-39) (3) Fire fighting. Be responsible for the extin- guishment o~ fires;. the: saving of life; and Sec. 2-76. Divisions. property from fire, and the performance of (a) Generally. The department of public safety various miscellaneous public services of an shall be divided into the following divisions: Po- emergency nature. lice and fire. (4) Fire prevention. Be responsible for the in- (b) Police. The police division shall have the fol- spection of potential fire hazards, the abate- ment of existing fire hazards and. the con- lowing duties: ducting of an educational fire prevention (1) Records. Provide and maintain: program. a. The central complaint desk and dis- (Code 1970, § 2-39) patching police records; b. Criminal and noncriminal identifica- Secs. 2-77-2-53. Reserved. tion; c. The identification of property; DIVISION 6. DEPARTMENT OF PUBLIC d. The custody of property; and SERVICES' e. The operation of detention centers. Sec. 2.84. Director's duties. (2) Patrol. Provide and maintain motor and foot patrol units, and make routine investiga- The director of public services shall be respon- tions. sible for all matters relating to construction, man- (3) Investigation. Conduct the investigation of agement, maintenance and operation of the phys- ical properties of the village. crimes and prepare evidence for the prose- (Code 1970, § 2-40) Cutlon of Criminal caSeS. Cross reference-Director of public services to erect signs ` (4) Crime prevention. Make plans and proce- at public park and recreation facility entrances, § 20-1(6). dures for the prevention and control of ju- venile delinquency, handle cases in which Sec. 2-85. Divisions. women are involved, remove crime hazards The department- of public services shall be di- and coordinate community agencies inter- vided under the director of public services into the ested in crime prevention. 1'Cross references-Garbage, trash and refuse, § 14-16 et *Cross references-Fire prevention and protection, Ch. seq.; parks, playgrounds and recreation, Ch. 20; streets, side- 12; provisions on fire division, § 12-29 et seq.; police, Ch. 23. walks and public places, Ch. 24. 141 i § 2-85 NORTH PALM BEACH CODE , following divisions and bureaus and supervisors DIVISION 8. DEPARTMENT OF COUNTRY thereof: CLUB (1) Division of permits and inspections, which shall issue all permits for, and inspect the Secs. 2.102, 2-103. Reserved. work involved in, the COnStruCtiOn Of Side- Editor's note-Former 2-102 and 2-103 were deleted as walks, Curb Cuts, street Cuts; inspect all being superseded by the provisions of Ord. No. 39-90, adopted work done under the provisions Of the eleC- Nov. 19,1990, which enacted provisions relative to the country club administrative board, codified as Ch. 9, Art. II. trical, plumbing and building codes of the village; and inspect all premises, including Secs. 2-104-2-109. Reserved. structures and appurtenances thereon, for safety features. DIVISION 9. DEPARTMENT OF (2) Division of parks, which shall operate and RECREATIONS maintain all village parks except that the recreational areas and facilities shall be Sec. 2-110. Director's duties. under the supervision of the director of rec- reation. The director of recreation shall plan, promote, organize and supervise a comprehensive munic- (3) Division of signal service, which shall con- ipal recreation program, and administer the same struct, install, repair and maintain all fa- in the interest of the entire community, and shall: cilities of the fire and police signal systems, traffic-control signals and other electrically (1) Supervise recreation areas. Supervise the operated signals but excluding the police recreational use of playgrounds, play fields, radio system. recreation centers, ball diamonds and such other recreation areas and facilities as may (4) Division of municipal garage, which shall be made available to carry out the village's operate the municipal public works com- recreation program. plex, and shall maintain and provide for village uses all automotive equipment (2) Conduct community activity. Conduct and owned by the village. supervise any form of recreational, cultural or social activity that will employ the lei- (5) Refuse disposal division, which shall col- sure time of the citizens in a wholesome lect garbage and rubbish. and constructive manner. (6) Street maintenance division, which shall (Code 1970, § 2-42) maintain and provide for adequate drainage on all streets, sidewalks and bridges. Secs. 2-111-2-114. Reserved. (Code 1970, § 2-40) Secs. 2-86-2-92. Reserved. ARTIOLE IV. MANAGER** DIVISION 7. DEPARTMENT OF LIBRAR,Y* Sec. 2-115. Residency. Sec. 2-93. Librarian. At the time of his appointment the village man- ager need not be a resident of the village or state, The department of library shall be supervised but shall attain residence within the village limits by the village librarian, who shall operate and maintain the free public library. fiCharter reference-Club administration, Art. N, § 6. (Code 1970, § 2-41) Croas reference-Country club adminiatrative board, § 9d6 et seq. $Crossreference-Parks, playgrounds and recreation, Ch. Secs. 2.94-2-101. Reserved. 20. **Charter reference-Provisions relative to village man- *Cross reference-Library, Ch. 16. ager, Article IV, 1-5. 142 ADMINISTRATION § 2-136 within sixty (60) days of his appointment and Sec. 2-118. Budget. retain village residence during his period of ap- pointment. The village manager shall furnish the village (Code 1970, § 2-26) each fiscal year with a balanced budget. (Ord. No. 23-97, § 2, 5-8-97; Ord. No. 15-98, § 1, 7-9-98) Sec. 2-116. Removal. The village council may remove the village Secs. 2-119-2-121. Reserved. manager at any time by a majority vote of the members. In the event the village manager is Secs. 2-122, 2-123. Reserved. removed from office by the village council without Editor's note-Ord. No. 15-80, § 3, adopted July 24,1980, good cause during a time that the village manager repealed 2-122 and 2-123, relative to the appointment and is willing and able to perform his duties, then, in duties of the assistant village manager, respectively. Such that event, the village shall pay the village man- sections formerly derived from Ord. No. 5-79, § 2, adopted ager the following: Mar. 8, 1979. (1) Accumulated sick leave and accumulated vacation pay; and Secs. 2-124-2-128. Reserved. (2) Alump sum cash payment equal to one (1) month's salary after a village manager ARTICLE V. PENSIONS AND has served the village for at least twelve RETIREMENT SYSTEMS (12) months and shall pay him two (2) months' salary after a village manager has served the village for at least two (2) DIVISION 1. GENERALLY years, and shall pay the village manager three (3) months' salary after a village manager has served the village for three Secs. 2-129-2-135. Reserved. (3) years or more, with the payment never to exceed three (3) months' salary; and DIVISION 2. SOCIAL SECURITY* (3) The village shall maintain at its expense the insurances that cover the village man- Sec. 2-136. Declaration of policy. ager for the month or months that the village is obligated to make a lump sum It is hereby declared to be the policy and cash payment to the village manager. purpose of the village to extend, effective as of October 1, 1956, to the employees and officials The payments specified above shall relieve the thereof, not excluded by law, nor excepted herein, village of all obligations to the manager. the benefits of the system ofold-age and survivors (Code 1970, § 2-26; Ord. No. 11-89, § 1, 5-25-89; insurance as authorized by the Federal Social Ord. No. 23-97, § 1, 5-8-97) Security Act and amendments thereto, and by F.S. chapter 650, as amended; and to cover by Sec. 2-117. Bond. such plan all services which constitute employ- ment as defined in F.S. section 650.02, performed The village manager shall furnish a surety in the employ of the village by employees and bond to be approved by the council, such bond to officials thereof, except elected officials and ex- be conditioned on the faithful performance of his cept part-time employees. duties. The premium of the bond shall be paid by (Code 1970, § 26-11) the village. *5tate law reference-Social security for public employ- (Code 1970, § 2-28) ees, F.S. Ch. 650. Supp. No. 16 142.1 § 2-137 NORTH PALM BEACH CODE 1 Sec. 2-137. Exclusions from coverage. the lawfully designated state agency at the times and in the manner provided by law and regula- There is hereby excluded from this article any tion. authority to include in any agreement entered (Code 1970, § 26-15) into under section 2-138 of this article any ser- I vice, position, employee, or official covered as of February 11, 1957, by or eligible to be covered by Sec. 2-141. Records and reports. a then existing retirement system. (Code 1970, § 26-12) The village shall keep such records and make Sec. 2-138. Agreement authorized. such reports as may be required by applicable state or federal laws or regulations, and shall The mayor is hereby authorized and directed to adhere to the regulations of the state agency. execute all necessary agreements and amend- (Code 1970, § 26-16) ments thereto with the division of retirement of the department of administration, as state agency, for the purpose of extending the benefits provided Sec. 2-142. Withholding and reporting agent. by the federal system of old-age and survivors insurance to the employees and officials of the (a) The village treasurer is hereby designated village as provided in section 2-136, which agree- the custodian of all sums withheld from the went shall provide for such methods of adminis- compensation of officers and employees and of the tration of the plan by the village as are found by appropriated funds for the contribution of the the state agency to be necessary and proper, and village pursuant to this division. shall be effective with respect to services in em- ployment covered by such agreement performed on and after the first day of October, 1956. (b) The village clerk is hereby made the with- (Code 1970, § 26-13) holding and reporting agent and charged with the duty of maintaining personnel records for the Sec. 2-139. Withholding from wages. purpose of this division. (Code 1970, § 26-17) Withholdings from salaries, wages, or other compensation of employees and officials for the purpose provided in section 2-136 are hereby Sec. 2-143. Social Security Act adopted. authorized to be made, and shall be made, in the amounts and at such times as maybe required by The village does hereby adopt the terms, con- applicable state or federal laws or regulations, ditions, requirements, reservations, benefits, priv- and shall be paid over to the state agency desig- ilexes and other conditions thereunto appertain- nated by law or regulations to receive such ~g~ of title II of the Social SecurityAct as amended, amounts. (Code 1970, § 26-14) for and on behalf of all officers and employees of its departments and agencies to be covered under the agreement. Sec. 2-140. Appropriations by village. (Code 1970, § 26-18) Editor's note-Title II of the Social Security Act is found There shall be appropriated from available in the United States Code (and United States Code Annotat- ~ funds, derived from the general fund, such amounts, ed), Title 42, 401-425. j at such times, as maybe required to pay promptly the contributions and assessments required of the village as employer by applicable state or federal laws or regulations, which shall be paid over to Secs. 2-144, 2-145. Reserved. a Supp. No. 16 142.2 ADMINISTRATION § 2-161 ified herein shall commence upon death of event of his disability retirement will the plan member and approval of the be payable on the first day of each pension board. month. The first payment will be (e) Disability retirement. made on the first day of the month following the later to occur of: (1) A member having ten (10) or more years- 1. The date on which the disabil- of credited service may retire from the ity has existed for six (6) months, service of the village under the plan if, or prior to his normal retirement -date, he 2. The date the board approves becomes totally and permanently dis- the payment of such retirement abled as defined in subsection (2) hereof. Such retirement shall herein be referred income. to as disability retirement. b. The last payment will be: (2) A member will be considered totally dis- 1. If the member recovers from abled if, in the opinion of the board, he is the disability prior to his nor- wholly prevented from rendering useful mal retirement date, the pay- and efficient service as a police officer or ment due next preceding the firefighter, and a member will be consid- date of such recovery, or ered permanently disabled if, in the opin- 2. If the member dies without re- ion of the board, such member is likely to covering from his disability or remain so disabled continuously and per- attains his normal retirement manently. date while still disabled, the (3) No member shall be permitted to retire payment due next preceding his under the provisions of this section until death or the one hundred twen- examined by a duly qualified physician or tieth (120th) monthly payment, surgeon, to be selected by the board for whichever is later. that purpose, and is found to be disabled c. Any monthly retirement income pay- in the degree and in the manner specified menu due after the death of a dis- in this section. Any member retiring un- abled member shall be paid to the der this section shall be examined period- member's designated beneficiary. ically by a duly qualified physician or surgeon or board of physicians and sur- (6) If the board finds that a member who is geons to be selected by the board for that receiving a disability retirement income purpose, to determine if such disability is, at any time prior to his normal retire- has ceased to exist. ment date, no longer disabled, as provided (4) The normal form of benefit payable to a herein, the board shall direct that the member who retires with a total and disability retirement income be discontin- permanent disability as a result of a dis- ued. Recovery from disability as used ability commencing prior to his normal herein shall mean the ability of the mem- retirement date is the monthly income ber to render useful and efficient service payable for ten (10) years certain and life as a police officer or firefighter. which can be provided by the single sum (7) If the member recovers from the disability value of the members accrued benefit. and reenters the service of the village as a The disability retiree may also choose any police officer or firefighter, his service will of the optional benefits available in sec- be deemed to have been continuous, but tion 2-162 of this plan. the period beginning with the first month (5) a. The monthly retirement income to for which he received a disability retire- which amember is entitled in the ment income payment and ending with Supp. No. 20 153 § 2-161 NORTH PALM BEACH CODE the date he reentered the service of the normal retirement date had he remained ~ ~ village will not be considered as credited in full-time employment with the em- service for the purpose of the plan. plover. The member may direct that his (8) Any condition or impairment of health of accrued benefit, reduced as for early re- a member caused by tuberculosis, hyper- tirement, commence at age fifty (50) or tension, heart disease, hardening of the any date thereafter provided his accumu- arteries, hepatitis, or meningococcal men- lated contributions are not withdrawn. ingitis resulting in total or partial disabil- (2) A refund of accumulated contributions to ity or death, shall be presumed to be a member or his beneficiary shall consti- accidental and suffered in the line of duty tote a full and complete discharge of any unless the contrary be shown by compe- and all rights to claims or benefits under tent evidence. Any condition or impair- the system by the member or his benefi- ment of health caused directly or proxi- ~ ciaries. mately by exposure, which exposure occurred in the active performance of duty (g) Cost of living adjustment. The amount of at some .definite time or place without Pension benefit will be increased or decreased in willful negligence on the part of the mem- accordance with the changes in the consumer ber, resulting in total or partial disability, Price index published by the U.S. Bureau of Labor shall be presumed to be accidental and Statistics. Adjustments of pension payments will suffered in the line of duty, provided that be made on October 1 of each year reflecting the such member .shall have successfully change in the consumer price index over the passed a physical examination upon en- twelve-month period ending three (3) months tering such service, which physical exam- before that date. The maximum increase or de- inationincluding electrocardiogram failed crease in the member's .pension benefit for any to reveal any evidence of such condition. one (1) year is three (3) percent. However, the In order to be entitled to presumption in member's pension benefit can never be reduced the case of hepatitis, meningococcal men- below the amount the member received at date of ingitis, or tuberculosis, the member must retirement. Such adjustments shall apply to each meet the requirements of F.S. section retirement, survivor or disability benefit in pay 112.181. The final decision whether amem- status as of each October 1. ber meets the requirements for duty dis- (h) Limitation on benefits. In no event may a ability pension rests with the board and member's annual benefit exceed the limitations of shall be based on substantial competent Internal Revenue Code Section 415 as such pro- evidence on the record as a whole. visions apply to governmental pension plans. The (f) Termination benefits and vesting. provisions of Internal Revenue Code Section 415 that apply to governmental pension plans are (1) Each member who terminates employ- hereby incorporated into this plan by reference. .went with the employer and who is not (Ord. No. 9-82, § 3, 6-10-82; Ord. No. 20-82, § 1, eligible for any of the retirement, death, 11-18-82; Ord. No. 1-92, § 3, 2-13-92; Ord. No. or disability benefits set forth herein shall 6-95, § 1, 3-9-95; Ord. No. 30-95, § 3, 10-12-95; receive from the fund within a reasonable Ord. No. 20-2000, 1, 2, 8-10-00) time following his date of termination a refund of his accumulated contributions. Sec. 2-162. Optional forms of benefits. Provided, however, that if at the time of his termination of employment the mem- Each member entitled to a normal, early, dis- ber has ten (10) or more years of credited ability or vested retirement benefit shall have the service, he shall have the option of either right, at any time prior to the date on which receiving his accumulated contributions benefit payments begin, to elect to have his or her or his accrued benefit payable comment- benefit payable under any one (1) of the options ing at the date which would have been his hereinafter set forth in lieu of benefits provided Supp. No. 20 154 ADMINISTRATION § 2-166 shall have the same rights as each of the other Sec. 2-165. Reserved. four (4) members appointed or elected as herein Editor's note-Section 7 of Ord. No. 1-92, adopted Feb. provided. The trustees shall by majority vote elect 13, 1992, repealed former § 2-165, relative to additional rules from its members a chairman and a secretary. and regulations, which derived from Ord. No. 9-82, § 7, The secretary of the board shall keep a complete adopted June 10, 1982. minute book of the actions, proceedings, or hear- ings of the board. The trustees shall not receive Sec. 2-166. Same-Power and authority. any compensation as such, but may receive ex- penses and per diem as provided by law. The board shall be the administrator of the (b) Forfeiture of membership on board for ab- system and, as such, it shall be solely responsible senteeism. In the event a member of the board for administering the pension fund. The board shall fail to attend three (3) consecutive regular shall have the power and authority: meetings of the board, such member shall be (1) To invest and reinvest the assets of the deemed to forfeit membership on the board and pension fund in: shall, at the conclusion of the third such meeting, no longer be a member of the board. Such indi- a. Time or savings accounts of a na- vidual shall not thereafter be eligible for reap- tional bank, a state bank insured by pointment or election to the board for a period of the Federal Deposit Insurance Cor- two (2) years. Any absence maybe excused by the poration, or a savings, building and board upon a showing that there existed justifi- loan association insured by the Fed- able reasons for the absence. eral Deposit Insurance Corporation. (c) Report and records. The secretary of the b. Obligations of the United States or board shall keep, or cause to be kept in convenient obligations guaranteed as to princi- form, such data as shall be necessary for an pal and interest by the Government actuarial valuation of the assets and liabilities of of the United States. the system.. The fiscal year for the keeping of records and rendering reports shall be from Octo- c. Bonds, stocks, or any other evi- ber 1 through September 30. dences of indebtedness issued or guar- (d) Board meetings. The board shall meet at anteed by a corporation organized least quarterly each year. At any meeting of the -under the laws of the United States, board, three (3) trustees shall constitute aquo- any state or organized territory of rum. Any and all acts and decisions shall be by at the United States, or the District: of least three (3) members of the board; however, no Columbia, provided: trustee shall take part in any action in connection 1. The corporation is listed on any with his or her own participation in the plan, and one (1) or more of the recog- no unfair discrimination shall be shown to any nized national stock exchanges individual participating in the plan. and holds a rating in one of the (e) Power to bring and defend lawsuits. The three (3) highest classifications board shall be a legal entity with, in addition to by a major rating service; and other powers and responsibilities contained herein, 2. The board shall not invest more the power to bring and defend lawsuits of every than five (5) percent of its as- kind, nature and description. The board shall be sets in the common stock or independent of the village to the extent required capital stock of any one (1) is- to accomplish the intent, requirements, and re- suing company, nor shall the sponsibilities provided for in this article and ap- aggregate investment in any one plicable law. (1) issuing company exceed five (Ord. No. 9-82, § 6, 6-10-82; Ord. No. 14-87, § 1, (5) percent of the outstanding 9-10-87; Ord. No. 1-92, § 6, 2-13-92; Ord. No. capital stock of that company, 22-98, § 1, 9-24-98) nor shall the aggregate of its Supp. No. 20 157 § 2-166 ~ NORTH PALM BEACH CODE investments in equities at cost Sec. 2-167. Tax on insurers. exceed fifty (50) percent of the pension fund's assets. (a) There is hereby levied and imposed an excise tax upon every insurance company, corpo- (2) To issue drafts upon the pension fund ration or other insurer insuring loss against fire, pursuant to this article and rules and tornado or windstorm or engaged in the business regulations prescribed by the board. All of casualty insurance. Such excise tax shall be in such drafts shall be consecutively num- an amount equal to the rate specified in Chapter tiered, be signed by the chairman and 175, Florida Statutes, multiplied by the gross secretary or their designee, and state upon receipts of premiums from holders of insurance their faces the purpose for which the policies of fire and windstorm insurance, and the drafts are drawn. The village finance di- rate specified in Chapter 185, Florida Statutes, rector or other depository of the village multiplied by the gross receipts of premiums from shall retain such drafts when paid, as holders of insurance policies of casualty insur- permanent vouchers for disbursements ante. All such policies shall be upon property made, and no money shall be otherwise within the corporate limits of the village. Such drawn from the pension fund.. excise tax shall be in addition to any and all excise (3) To finally decide all claims to relief under taxes or license now levied or required by the this article and under the board's rules village. and regulations. (b) The proceeds of monies received under this (4) To convert into cash any securities of the excise tax shall be received annually from the pension fund. State of Florida by the village and shall be depos- (5) To keep a complete record of all receipts ited to the pension fund no more than five (5) days and disbursements and of the board's acts after receipt. and proceedings. (Ord. No. 1-92, 9, 10, 2-13-92) Editor's note-Section 9 of Ord. No. 1-92, adopted Feb. (6) To recommend an increase or decrease in 13, 1992, repealed former § 2-167, and § 10 of the ordinance the benefits payable hereunder, through enacted a new § 2-167 in lieu thereof. The repealed provisions the adaptlon of an amendment to this Pertained to oaths of office, meetings and quorums of the board, and derived from Ord. No. 9-82, § 9, adopted June 10, article, but provided such action is based 1982. on an actuarial review by an enrolled actuary who is a member of the Society of Sec. 2-168. Repeal or termination of plan. Actuaries. (7) To retain, at least once every three (3) (a) This plan and subsequent amendments per- taining tosaid plan, may be modified, terminated, years, an independent consultant profes- or amended, in whole or in part by the employer; sionally qualified to .evaluate the perfor- provided that if this plan shall be amended or mance of professional money managers. repealed in its application to any person benefit- The independent consultant shall make ing hereunder, the amount of benefits which at recommendations to the board regarding the time of any such alteration, amendment, or the selection of money managers for the repeal shall have accrued to the member or ben- next investment term. These recommen- eficiary shall not be affected thereby, except to the dations shall be considered by the board extent that the assets of the fund may be deter- j at its next regularly scheduled meeting. mined to be inadequate. The date, time, place and subject of this meeting shall be advertised in a newspa- (b) If this plan shall be repealed, or if contri- per of general circulation in the munici- butions to the plan are discontinued, the board pality at least ten (10) days prior to the shall continue to administer the plan in ac~or- date of the hearing. dance with the provisions of this plan, for the sole (Ord. No. 9-82, § 8, 6-10-82; Ord. No. 12-85, 1, benefit of the then members, beneficiaries then 2, 7-11-85; Ord. No. 1-92, § 8, 2-13-92) receiving retirement allowances, and any persons i Supp. No. 20 158 ADMINISTRATION § 2-178 shall issue an order affording the proper relief (2) Subpoena alleged violators and witnesses consistent with powers granted herein. The find- to its hearings. Subpoenas may be served ings shall be by motion approved by a majority of by the village's police department. those present and voting, except that at least four (4) members of the enforcement board must vote (3) Subpoena records, surveys, plats and other in order for the action to be official. The order may material. include a notice that it must be complied with by (4) Take testimony under oath. a specified date and that a fine may be imposed (5) Issue orders having the force of law com- and, under the conditions specified in section inanding whatever steps are necessary to 2-178, the cost of repairs may be included along bring a violation into compliance. A certi- with the fine if the order is not complied with by feed copy of such order maybe recorded in said date. the public records of the county, and shall (Ord. No. 19-79, § 6, 9-27-79; Ord. No. 9-80, § 7, constitute notice to any subsequent pur- 4-24-80; Ord. No. 16-82, Art. IV, 9-9-82; Ord. No. chasers, successors in interest or assigns, 19-85, § 1, 10-24-85; Ord. No. 18-96, § 2, 5-9-96; if the violation concerns real property, Ord. No. 04-2000, § 3, 2-10-00) and the findings therein shall be binding upon the violator, and, if the violation Sec. 2-177. Powers of the enforcement board. concerns real property, any subsequent The enforcement board shall have the power to: purchasers, successors in interest or as- signs. If the order is recorded in the public (1) Adopt rules for the conduct of its hear- records pursuant to this subsection and ings. The chairman of the enforcement the order is complied with by the date board hearing shall advise the alleged specified in the order, the enforcement violator of the Code section of which he is board shall issue an order acknowledging accused, and shall first seek to determine compliance that shall be recorded in the if the alleged violator pleads guilty or public records. A hearing is not required innocent to such charge. If the alleged to issue such an order acknowledging com- violator admits guilt, then the board shall pliance. hear such testimony and evidence as it (Ord. No. 19-79, § 7, 9-27-79; Ord. No. 9-80, § 8, deems necessary to remedy the violation 4-24-80; Ord. No. 8-90, § 5, 4-12-90; Ord. No. 4-91, or punish the offender. If the alleged vio- § 1, 2-28-91) lator states he is not guilty of violating the village Code [section] in question, Sec. 2-178. Fines; liens. -then the board shall hear first fioin the village, village witnesses and evidence, (a) Generally. The enforcement board, upon and the alleged violator shall have the notification by the code inspector that a previous right to cross examine village witnesses. order of the enforcement board has not been At the close of the presentation of the complied with by the set time or, upon finding village's case against the alleged violator, that the same violation has been repeated by the the alleged violator shall be permitted to same violator, may order the violator to pay a fine' present his evidence, testimony of the in an amount specified in this section for each day other witnesses and his own testimony in the violation continues past the date set for com- defense. The village shall have the right pliance, or, in the case of a repeat violation, for, to cross examine the alleged violator and each day the repeat violation continues past the his witnesses. The burden of proving the date of notice to the violator of the repeat viola- alleged violation of the village Code as tion beginning with the date the repeat violation described above shall be on the village to is found to have occurred by the code inspector. In prove by a preponderance of evidence that addition, if the violation is a violation described in the alleged violator is guilty of violating subsection 2-175(c), the enforcement board shall the Code section of which he is accused. notify the local governing body, which may make Supp. No. 19 163 I i § 2-178 NORTH PALM BEACH CODE all reasonable repairs which are required to bring other real or personal property owned by the the property into compliance and charge the vio- violator. Upon petition to the circuit court, such lator with the reasonable cost of the repairs along order may be enforced in the same manner as a with the fine imposed pursuant to this section. court judgment by the sheriffs of this state, in- Making such repairs does not create a continuing chiding levy against the personal property, but obligation on the part of the local governing body such order shall not be deemed to be a court to make further repairs or to maintain the prop- judgment except for enforcement purposes. A fine . erty and does not create any liability against the imposed pursuant to this part shall continue to local governing body for any damages to the accrue until the violator comes into compliance or property if such repairs were completed in good until judgment is rendered in a suit to foreclose faith. If a finding of a violation or a repeat on a lien filed pursuant to this section, whichever violation has been made as provided in this arti- occurs first. A lien arising fi om a fine imposed cle, a hearing shall not be necessary for issuance pursuant to this section runs in favor of the local of the order imposing the fine. If, after due notice governing body, and the local governing body inay and hearing, a code enforcement board finds a execute a satisfaction or release of lien entered violation to be irreparable or irreversible in na- pursuant to this section. After three (3) months ture, it may order the violator to pay a fine as fi om the filing of any such lien which remains hereinafter specified. A fine imposed pursuant to unpaid, the enforcement board may authorize the this section shall not exceed two hundred fifty local governing body attorney to foreclose on the dollars ($250.00) per day for a first violation and lien. In an action to foreclose on a lien, the shall not exceed five hundred dollars ($500.00) prevailing party is entitled to recover all costs, per day for a repeat violation and, in addition, including a reasonable attorney's fee. No lien may include all costs of repairs pursuant to sub- created pursuant to the provision of this section section (a). However, if a code enforcement board may be foreclosed on real property which is a finds the violation to be irreparable or irreversible homestead under Article X, Section 4 of the state ~ in nature, it may impose a fine not to exceed five Constitution. ~ thousand dollars ($5,000.00) per violation. (Ord. No. 19-79, § 8, 9-27-79; Ord. No. 9-80, § 9, (b) Determination of amount of fine. In deter- 4-24-80; Ord. No. 16-82, Art. V, 9-9-82; Ord. No. mining the amount of the fine, if any, the enforce- 2-86, § 2, 3-27-86; Ord. No. 8-90, § 6, 4-12-90; Ord. went board shall consider the following factors: No. 18-96, § 3, 5-9-96; Ord. No. 04-2000, § 4, 2-10-00) (1) The gravity of the violation; Sec. 2-179. Duration of lien. (2) Any actions taken by the violator to cor- rect the violation; and No lien shall continue for a period longer than twenty (20) years after the certified copy of an (3) Any previous violations committed by the order imposing a fine has been recorded, unless violator. within that time an action to foreclose on the lien (c) Reduction of fine. The code enforcement is commenced in a court of competent jurisdiction. board may reduce a fine imposed pursuant to this In an action to foreclose on a lien, the prevailing section. A fine imposed pursuant to this article Party is entitled to recover all costs, including a shall continue to accrue until the violator comes reasonable attorney's fee, that it incurs in the into compliance or until judgment is rendered in a foreclosure. The local governing body shall be suit to foreclose on a lien filed pursuant to this entitled to collect all costs incurred in recording section, whichever occurs first. and satisfying a valid lien. The continuation of the lien effected by the commencement of the (d) Copies of orders imposing fines. A certified action shall not be good against creditors or copy of an order imposing a fine or a fine plus subsequent purchasers for valuable consideration repair costs, may be recorded in the public records without notice, unless a notice of lis pendens is and thereafter shall constitute a lien against the recorded. land on which the violation exists and upon any (Ord. No. 18-96, § 4, 5-9-96) I i Supp. No. 1s 164 ICI ADMINISTRATION § 2-181 Sec. 2-180. Appeal. utive weeks (four publications being An aggrieved party, including the village coon- sufficient) in a newspaper of general cil, may appeal a final administrative order of the circulation in the county where the enforcement board to the circuit court of the code enforcement board is located. county. Such an appeal shall not be a hearing de The newspaper shall meet such re- novo, but shall be limited to appellate review of quirements as are prescribed under the record created before the enforcement board. chapter 50 of the Florida Statutes An appeal shall be filed within thirty (30) days of for legal and official advertisements. the execution of the order to be appealed. 2. Proof of publication shall be made as (Ord. No. 19-79, § 9, 9-27-79; Ord. No. 9-80, § 10, provided in Sections 50.041 and 4-24-80; Ord. No. 16-82, Art. VI, 9-9-82; Ord. No. 50.051, Florida Statutes. 2-86, § 3, 3-27-86; Ord. No. 18-96, § 5, 5-9-96) (b) 1. In lieu of publication as described in Sec. 2-181. Notices. paragraph (a), such notice may be (1) All notices required by this part shall be posted for at least ten (10) days prior to the hearing, or prior to the expi- provided to the alleged violator by: ration of any deadline contained in (a) Certified mail, return receipt requested, the notice in at least two (2) loca- provided if such notice is sent under this tions, one of which shall be the prop- paragraph to the owner of the property in erty upon which the violation is al- question at the address listed in the tax leged to exist and the other of which collector's office for tax notices, and at any shall be at the primary municipal other address provided to the local gov- government office. ernment by such owner and is returned as 2. Proof of posting shall be by affidavit unclaimed or refused, notice may be pro- of the person posting the notice, which vided by posting as described in subpara- affidavit shall include a copy of the graphs (2)(b)l. and 2. and by first class, notice posted and the date and places mail directed to the addresses furnished of its posting. to the local government with a properly executed proof of mailing or affidavit con- (c) Notice by publication or posting may run firming the first class mailing; concurrently with, or may follow, an at- (b) Hand delivery by the sheriff or other law tempt or attempts to provide notice by enforcement officer, code inspector, or other hand delivery or by mail as required un- person designated by the local governing der subsection (1). body; Evidence that an attempt has been made to hand (c) Leaving the notice at the violator's usual deliver or mail notice as provided in subsection place of residence with any person resid- (1), together with proof of publication or posting ing therein who is above fifteen (15) years as provided in subsection (2) shall be sufficient to of age and informing such person of the show that the notice requirements of this part contents of the notice; or have been inet, without regard to whether or not (d) In the case of commercial premises, leav- the alleged violator actually received such notice. ing the notice with the manager or other (Ord. No. 19-79, § 10, 9-27-79; Ord. No. 9-80, § 10, 4-24-80; Ord. No. 8-90, § 7, 4-12-90; Ord. No. person in charge. 18-96, § 6, 5-9-96; Ord. No. 04-2000, § 5, 2-10-00) (2) In addition to providing notice as set fot~th in subsection (1), at the option of the code enforce- ment board, notice may also be served by publi- cation or posting, as follows: (a) 1. Such notice shall be published once during each week for four (4) consec- [The next page is 211] Supp. No. 19 165 BOATS, DOCKS AND WATERWAYS § 5-83 Sec. 5-82. Generally. c. Wood piling is to be minimum ten- (a) Docks, piers, mooring buoys and anchors, inch butt diameter and the treat- boat davits and other boat-lifting devices and ment shall conform to AWPB MPl, other approved structures shall be owned and MP2 or MP4. Pile cutoff shall be constructed only by the upland landowner. treated in accordance with AWPA M4. (b) Boat davits and other boat-lifting devices shall require a building permit. d. All piling are to be set a maximum of ten (10) feet on center for timber (c) Docks, piers, mooring buoys and anchors deck construction. and other waterside structures shall require a building permit. (2) Stringers and bracing. Stringers and brac- (Code 1970, § 11-33; Ord. No. 3-71, § 2; Ord. No. ing, if lumber, shall be a minimum two- 10-2000, § 1, 4-13-00) inch by eight-inch. Sec. 5-83. Minimum design requirements. (3) Decking. Decking, if lumber, shall be a minimum two-inch by six-inch. (a) Coverings. Any sun, wind or weather cov- Bring to be constructed over a dock or pier shall (4) Fasteners. require a permit and shall be classified as a a. All bolts, nuts, washers and nails canopy and shall meet the building code as such. shall be hot dipped galvanized or (b) Decking elevation. The main deck of a dock zinc plated or equal. or pier shall be placed at a minimum of three and b. Stringers and braces shall be fas- five-tenths (3.5) feet above mean sea level. The tened with minimum one-half inch steps from the ground or bulkhead cap shall not bolts. exceed seven (7) inches for each step. (5) Dock lumber.- All dock lumber shall be (c) Waue break. The bottom wave breaking pressure treated or equal. stringer shall not extend below mean low water. (d) Floating docks. Free-standing piling for (6) Concrete strength. All concrete shall be a floating docks shall be a minimum schedule 40, minimum strength of thirty-five hundred six-inch diameter, pea rock concrete filled steel (3,500) psi in twenty-eight (28) days. pipe. or six-inch plastic pipe filled with pea rock (7) Blocks. If dock is to be supported by a concrete and two (2) equally spaced number four bulkhead, four-inch by four-inch blocks or reinforcing bars, suitably tied. Attaching rings equal shall be bolted to bulkhead wall; shall be steel or chain. Smaller piling may be stringer shall be bolted to four-inch by allowed when properly structurally designed. four-inch blocks. (e) Construction material. Construction mate- (fj Structural equivalents permitted. Docks and rial for piers and docks shall meet the following piers of other design and material maybe permit- requirements: ted when structurally equivalent to the above. (1) Piling. a. Minimum bottom penetration is to (g) Commercial docks and piers. All. commer- be six (6) feet. cial docks and piers are to be designed by a Florida registered professional engineer. b. Concrete piling is to be minimum eight-inch by eight-inch or eight- (h) Fixed, reinforced concrete construction re- inch diameter reinforced with four quired in certain cases. All docks and piers to be (4) number five (5) rods with number constructed in Lake Worth and the Atlantic Ocean two (2) hoops eight (8) inches on shall be of reinforced concrete construction and be center. fixed docks and piers. Supp. No. 20 329 § 5-83 NORTH PALM BEACH CODE (i) Dolphins and tie poles. (2) In regard to construction waterside of any (1) Bottom penetration is to be a minimum of lot having fifty-foot or less frontage on the six (6) feet. water, docks shall not be placed within five (5) feet of the side property line ex- ~ (2) Materials and construction are to be the tended. same as dock and pier pilings. (3) In regard to construction waterside of any (j) Commercial marinas. All fixed docks and lot having greater than fifty-foot frontage piers to be constructed in commercial marinas on the water, docks shall not be placed shall be concrete or equal. within ten (10) feet of the side property (k) Batter piles. .line extended. (1) Batter piles are to be designed by a Flor- (4) Dead end lagoon. In regard to construc- ida registered professional engineer. tion waterside of any platted lot at the dead end of a lagoon, a dock or a pier may (2) Batter piles are to be constructed of pre- be placed zero (0) feet from the side prop- stressed concrete. erty line extended when all the following (3) A building permit shall be required prior requirements are complied with: to construction for all batter piles. a. The lot/lots shall be in a R-1 Single (4) Batter piles shall be installed only under Family Dwelling District. the following conditions: b. Building permits shall be obtained a. Obstructions prevent use of Stan- as required by section 5-82 of this dard tiebacks and anchors to rein- chapter. force bulkheads. c. At least one (1) lot shall have less than seventy-five (75) feet frontage l b. Existing bulkhead has failed or is in on the water. J) danger of failing. c. Not to be used in the construction of d. A dock or pier, but not both, shall be new bulkheads. constructed at the same time on both sides of the common property line in (5) Base of batter pile shall extend amaxi- question. The dock or pier on a lot mum of five (5) feet from the waterside shall be structurally independent of face of the bulkhead. the dock or pier on the adjacent lot. (Code 1970, § 11-34; Ord. No. 4-74, § 1; Ord. No. 35-90, 2-6, 9-27-90) (5) Docks shall extend a maximum of five (5) feet out from the face of the bulkhead Sec. 5-84. Regulations governing construc- wall. tion in waters other than Lake (6) Piers not exceeding six (6) feet in width Worth and Atlantic Ocean. may extend waterside a maximum of fif- All docks or other approved structures to be teen (15) feet in lagoons, twenty (20) feet constructed waterside of bulkheads or land in the in the North Palm Beach Waterway and lagoons, waterways or other bodies of water in the Prosperity Harbor, twenty-five (25) feet in village, other than the waters of Lake Worth and West Lake and North Lake and not more the Atlantic Ocean, shall be constructed in actor- than twenty-five (25) percent of the wa- dance with the following requirements and regu- terway width of the Earman River; pro- vided however, that, a pier may extend lations: waterside a maximum of fifty-five (55) (1) Prior to a permit being issued by the feet when connected with a commercial village, a permit shall be obtained from marina operation in a commercial zoned such other authority that has a vested piece of property so long as said construc- interest in the waterway. tion leaves a minimum clear water dis- Supp. No. 20 330 ~ I BOATS, DOCKS AND WATERWAYS § 5-85 tance of forty (40) feet between the pier Sec. 5-85. Regulations governing construc- andany opposite bulkhead or water strut- tion in Lake Worth and Atlantic ture which may be constructed in actor- Ocean. dance with this chapter. Piers located in All piers, docks or other approved structures to the Earman River may be constructed be constructed waterside of the bulkhead line or _with "L" or "T" heads provided the maxi- land of the village in Lake Worth, or the mean mum allowable length waterside is re- low-water mark of the Atlantic Ocean, shall meet duced by twelve (12) feet. No pier shall be the following regulations and requirements: located closer to the side property line extended than its extension waterside. (1) The design of any pier to be constructed under the provisions of this division shall (7) In lagoons, dolphin poles, wave breaks, be performed by an engineer registered in mooring posts, mooring buoys or floating the state, and detailed construction draw- anchors shall be placed a maximum of ings shall be submitted bearing the certi- twenty (20) feet from the face of the bulk- fication and seal of such engineer. head or the shore. Wave breaks shall be (2) Prior to a permit being issued by the allowed only at lagoon entrances opening village, a permit shall be obtained from into Lake Worth. such other authority that has a vested (8) In the North Palm Beach Waterway and interest in the waterways. Nothing con- tained in this division shall be construed Prosperity Harbor, dolphin poles, mooring to affect the rights or obligations con- posts, mooring buoys or floating anchors netted with spoil areas located in Lake shall be placed a maximum of thirty (30) Worth within one hundred (100) feet feet from the face of the bulkhead or the lakeward of the bulkhead line referred to shore. above and the granting of a permit by the (9) In the Earman River, dolphin poles, wave village does not release the applicant from personally determining what, if any, ef- breaks, mooring posts, mooring buoys or fect such spoil areas may have upon any floating anchors shall be placed not more construction done in accordance with this than twenty-five (25) percent of the wa- division. terway width from the bulkhead or the shore. Wave breaks shall be allowed only (3) No pier shall extend beyond a line fifty at the entrance to Lake Worth. (50) feet waterside from and parallel to the bulkhead line of the village. (10) In West Lake and North Lake, dolphin (4) The centerline of all piers shall be on a poles, mooring posts, mooring buoys or uniform alignment. floating anchors shall be placed a maxi- mum of fifty (50) feet from the face of the (5) Piers may be constructed with "L" heads bulkhead or the shore. or "T" heads of fifty (50) feet. A finger pier shall not exceed twenty-two (22) feet in (11) Dolphin or mooring post location shall be length and. shall be a maximum of six (6) inside the side property line extended and feet and a minimum of three (3) feet in shall be determined by the building de- width. partment. (6) No point on any pier shall be closer than (12) In no instance shall any structure extend twenty (20) feet to either side property more than twenty-five (25) percent of the line projected along a line parallel to the width of the water. pier center line or closer than forty (40) (Code 1970, § 11-35; Ord. No. 3-71, § 2; Ord. No. feet to any part of another pier. 6-73, § 1; Ord. No. 36-95, 1, 2, 12-14-95; Ord. (7) All piers and docks shall be constructed No. 28-98, 1-3, 12-10-98) with all major components including pil- Supp. No. 20 331 § 5-85 NORTH PALM BEACH CODE ing, beams, decks, etc., constructed of sections of the village Code, the board of adjust- reinforced concrete. Piers shall have a ment must find the factors set forth in F.S. section maximum width of ten (10) feet, and a 163.225(3)(a), (b), (c): minimum width of six (6) feet. "(3) (a) To authorize upon appeal such vari- (8) Dolphins or mooring posts may be in- ante from the terms of the ordinance as stalled adjacent to piers, with location to will not be contrary to the public interest, be determined by the building depart- when, owing to special conditions, alit- ment. eral enforcement of the provisions of the (9) In regard to construction waterside of any ordinance would result in unnecessary lot having fifty (50) feet or less frontage on and undue hardship. In order to authorize the water, docks shall not be placed within any variance from the terms of the ordi- nance, the board of adjustment must find: five (5) feet of the side property line ex- tended. "1. That special conditions and circum- stances exist which are peculiar to (10) In regard to construction waterside of any the land, structure, or building in- lot having greater than fifty (50) feet volved and which are not applicable frontage on the water, docks shall not be to other lands, structures, or build- placed within ten (10) feet of the side ings in the same zoning district; property line extended. (11) Freestanding wave breaks shall not be "2. That the special conditions and cir- cumstances do not result from the permitted. actions of the .applicant; (12) Mooring buoys and anchors shall be de- " 3. That granting the variance requested signed and located in such a manner as to will not confer on the applicant any I not allow the moored vessel to cross the special privilege that is denied by I side property lines extended. Mooring this ordinance to other lands, build- buoys and anchors shall be located paral- ings, or structures in the same zon- lel to the bulkhead no more than one ing district; hundred fifty (150) feet from the bulk- head. No live-aboards are allowed. The "4. That literal interpretation of the pro- upland land owner shall not moor or an- visions of the ordinance would de- chor more than one (1) boat. prive the applicant of the rights com- (Code 1970, § 11-36; Ord. No. 3-71, § 2; Ord. No. monly enjoyed by other properties in 35-90, 7, 8, 9-27-90; Ord. No. 13-98, § 2, the same zoning district under the 5-14-98; Ord. No. 11-99, § . 3, 2-11-99; Ord. No. terms of the ordinance and would 10-2000, § 2, 4-13-00) work unnecessary and undue hard- ship on the applicant; Sec. 5-86. Variances. "5. That the variance granted is the minimum variance that will make The board of adjustment created and described possible the reasonable use of the in section 21-21 of this Code shall have the power land, building or structures; to authorize upon appeal such variance from the terms of section 5-85(3) as will not be contrary to "6. That the grant of the variance will the public interest when, owing to special condi- be in harmony with the general in- tions, aliteral enforcement of the provisions of tent and purpose of the ordinance those sections of the village Code as they pertain and that such variance will not be to properties located on Lake Worth will result in injurious to the area involved or oth- ~ unnecessary and undue hardship. In order to erwise detrimental to the public wel- I authorize any variance from the terms of those fare. 'I Supp. No. 20 332 BULKHEAD LINES § 7-18 ARTICLE I. IN GENERAL lage without first having received a permit therefor from the village council. All filling shall Sec. 7.1. Established; designated. be made in accordance with the plans and speci- fications designated in the application for such There is hereby established a comprehensive permit. system of bulkhead lines in the waters of` Lake (Code 1970,. § 7-3) Worth and other tidal waters within the territo- rial limits of the village, and. such bulkhead lines shall be along the linen indicated and shown in Sec. 7-17. Public hearing prerequisite to con- red on the maps attached hereto,. made a part sideration. hereof, and which are marked respectively bulk- (a) Before any petition or application for a head maps nos. 1, 2, 3 and 4. permit to fill. or dredge submerged lands located (Code 1970, § 7-1) within the corporate limits of the village may be Editor's note-Copies of the bulkhead maps mentioned in § 7-1 are attached to Ord. No. 61 and are on file and available considered by the village council, the advisability for public inspection in the offices of the village. of issuing SUCK permit shall be considered at a public hearing at least ten (10) days prior to the Sec. 7-2. Filling operations beyond bulkhead meeting at which such petition or application shall line; prohibited. be considered by the village council. No fill shall be made, deposited or maintained (b) Notice of the public hearing shall be given in the waters of Lake Worth or other tidal waters not less than ten (10) days prior to the public within the territoriallimts of the- village, water- hearing by means of the village newsletter or other ward or outward from any shoreline;. in such a direct mail to all residents of the village and also manner so that such fill shall extend' beyond any by posting in three (3) conspicuous places in the bulkhead line as established and designated on village, one (1) of which places shall be at the the bulkhead maps referred to in section 7-1 above. village hall. (Code 1970, § 7-2) (c) The terms of this chapter shall be in addi- tion to any terms set forth in this Code which are Sec. 7-3. Unlawful fill; removal. concerned with applications for dredge and fill per- Any fill which shall be made contrary to the nits, and shall not be considered to be in lieu of provisions of this chapter shall be unlawful and any requirements contained herein. subject to removal upon order of the village (Code 1970, § 7-3.1; Ord. No. 194-69, 1-3) council. (Code 1970, § 7-7) Sec. 7-18. Application; issuance. Secs. 7.4-7-15. Reserved. (a) Applications for the permit required by this article shall be in writing and directed to the vil- lage clerk and shall be accompanied by a survey- ARTICLE II. FILLING PERMIT* or's sketch plan of what is proposed to be done and shall also show the details of any proposed con- struction, the proposed area to be filled, the area Sec. 7-16. Required. to be dredged for procuring fill materials, if the No person may make or deposit any fill or un- proposed construction is intended to be created dertake the filling, creation or extension of land from dredged material, and such other informa- by pumping, dredging, pumping sand, rock or tion and data as may be pertinent to the proposed earth or otherwise within the water of Lake Worth filling. or other tidal waters within the limits of the vil- (b) In the event such application be found by *Cross references-Regulations for marine sanctuaries, § the village council not to be violative Of any 5-101(d); licenses and miscellaneous business regulations, Ch. statute, zoning law, ordinance or other restriction 17. which may be applicable thereto, or that no 455 it i § 7-18 NORTH PALM BEACH CODE harmful obstruction to or alteration of the nat- ural flow of the adjacent navigable waters will arise from the proposed construction, or that no , harmful or increased erosion, shoaling of chan- nels or stagnant areas of water will be created thereby, or that no material injury or monetary damage to adjoining land will accrue therefrom, a permit shall be granted to the applicant, subject, however, to approval by the trustees of the in- ternal improvement fund of the state and by the U.S. Army Corps of Engineers. (Code 1970, § 7-4) Sec. 7.19. Application fees. Each application for a permit required by this article submitted to the village clerk shall be ac- companied by a fee of ten dollars ($10.00), and such fee shall be payable whether or not the permit therefor be granted or approved. Each change in plans and specifications subsequent to the issu- ance of a permit shall be the subject of a new or supplemental application and a like fee shall be paid upon the filing of such application as was paid in the case of the original application. (Code 1970, § 7-5) State law reference-Authority to set fees, F.S. § 253.125. Sec. 7.20. Expiration date; renewal; revoca- tion. (ta) All permits issued under this article shall be valid for a period of two (2) years from the date thereof, but shall be automatically revoked if the proposed work is not completed within such pe- riod except for good cause shown. (b) The renewal of any permit prior to sixty (60) days after its expiration may be granted. ,i i (c) For violation of or noncompliance with the terms of a permit, such permit may be revoked after notice of intention to do so has been commu- nicated to the holder and opportunity afforded within a reasonable time for a hearing thereon. (Code 1970, § 7-6) i [The next page is 507] 456 Chapter 8 CIVIL EMERGENCIES* Art. I. In General, S-1-S-15 Art. II. Civil Disorders and Disturbances, § 8-16 *Cross reference-Administration generally, Ch. 2. State law reference-Disaster preparedness, F.S. Ch. 252. 507 1 CIVIL EMERGENCIES § 8-16 ARTICLE I. IN GENERAL Secs. 8.1-8-15. Reserved. ARTICLE II. CIVIL DISORDERS AND DISTURBANCES Sec. 8.16. Mayor designated local authority for preservation of public peace. The mayor is hereby designated the local au- thority for preservation of the public peace, pur- suant to Florida Statutes sections 870.041 through 870.048. [The next page is 559] 509 COUNTRY CLUB § 9-2 ARTICLE I. IN GENERAL and rough areas during the period from one (1) hour after sunset to one Sec. 9-1. Premises-General regulations. (1) hour before sunrise each day. b. Other areas at the North Palm Beach No person, other than village employees or Country Club, including the club- persons authorized by the village, on the premises house, tennis facilities, swimming of the North Palm Beach Country Club, including pool area and winter club except the North Palm Beach Country Club Golf Course, during daylight hours and during tennis club and tennis facilities, driving range, the hours of one (1) hour after sunset swimming pool area, dining. room, bar, winter and one (1) hour before sunrise as club facilities and all other premises included the premises are lighted and use within the property acquired by the village as thereof has been expressly approved part of the North Palm Beach Country Club, both by the village for the country club restaurant, bar facilities, swimming under the original purchase and under the option pool area, tennis courts, golf course, by which it acquired the tennis club area, shall: driving range and the winter club. (1) Disfiguration andlor removal of building The opening and closing hours for and other property. such latter areas -shall be posted at a. Willfully mark, deface, disfigure, in- the main entrance to the facilities jure, tamper with or displace or re- for public information. One (1) hour after sunset and one (1) hour before move any building, paving or paving sunrise, all portions of the North materials, lawn, sod, water line or palm Beach Country Club which are other public utilities, parts of appur- not lighted and permitted for use as tenances thereof, signs, notices or described above shall be closed to placards, whether temporary or per- the public, and no person or persons manent, or any other structures, shall walk or be upon any portion of equipment, facilities or country club the country .club premises which is property or appurtenances thereto, closed to the public during those either real or personal. hours. b. Dig or remove or disfigure any of the (Ord. No. 5-80, § 1, 3-13-80) tee areas, fairways, greens or rough Editor's note-Ordinance No. 5-80, § 1, adopted Mar. 13, 1980, amended the Code with the addition of a new § 9-21. on the North Palm Beach Country However, in order to maintain Code format, the editor has Club Golf Course. redesignated the provisions as § 9-1. - c. Damage, cut, carve, transplant or remove any tree or plant or injure Sec. 9-2. Same-Signs; enforcement; penal- the bark or pick the flowers or seeds ties. of any tree or plant. Nor shall any (a) The village manager shall place appropri- person attach any rope, wire or any ate signs advising the public of the closing of contrivance to any tree or plant. A country club facilities at each entrance to the person shall not dig in or otherwise North Palm Beach Country Club and at each of disturb grassy areas or in .any other the North Palm Beach Country Club facilities way injure or impair the natural main entrances. beauty or usefulness of any area. (2) Hours. Be physically present on: (b) All employees at the North Palm Beach Country Club and the public safety department a. The golf course at the Village of and public safety office at the village shall, in North Palm Beach Country Club, connection with their duties imposed by law, including all tees, fairways, greens diligently enforce the provisions of sections 9-1 Supp. No. 17 561 § 9-2 NORTH PALM BEACH CODE ~ " ~ and 9-2. The North Palm Beach Country Club (b) Terms. Upon the expiration of the terms of Manager and all persons employed at the North four (4) members of the board on September 30, Palm Beach Country Club shall have the author- 1998, the village council shall make appointments ity to reject from the country club premises any of four (4) members with terms commencing Oc- ~ person acting in violation of sections 9-1 and 9-2. tober 1, 1998, and expiring April 30, 2000. The The North Palm Beach Public Safety Department terms of the three (3) members of the board whose ~ and .any North Palm Beach Public Safety Officer expiration .date is scheduled to be September 30, j shall have the authority to enforce sections 9-1 1999, are changed to provide for an expiration and 9-2 and to arrest any persons trespassing date of April 30, 1999. Thereafter, the village upon the country club property in violation of the council shall make appointments to the board in hours of use and other provisions of sections 9-1 April of each year for two-year terms commencing and 9-2, May 1, thereafter. (c) Penalties. Violation of any provision of this (c) Vacancies. An appointment to fill. any va- ~I Code section shall be punished as provided in cancy shall be for the remainder of the unexpired section 1-8 of this Code. term of office. (Ord. No. 5-80, § 2, 3-13-80) (Ord. No. 39-90, § 2, 11-19-90; Ord. No. 18-93, § 1, II Editor's note-Ordinance No. 5-80, § 2, adopted Maz. 13, 7-22-93; Ord. No. 23-98, § 1, 9-24-98) 1980, amended the Code with the addition of a new § 9-22. At ~ the editor's discretion, in order to maintain Code format, the Sec. 9-18. Removal. provisions have been redesignated as § 9-2. Members of the board shall serve at the plea- Secs. 9-3-9-15. Reserved. sure of the village council and may be removed at any time with or without cause. If any member fails to attend two (2) successive regular meetings ARTICLE II. ADVISORY BOARD* without a board's excused absence, the board ~ shall declare the member's ofl`ice vacant and the -" Sec. 9-16. Created. village council shall promptly fill such vacancy for the unexpired term of office. A country club advisory board (hereinafter re- (Ord. No. 39-90, § 3, 11-19-90; Ord. No. 4-99, § 2, ferred to as the board) for the village is hereby 1-28-99) created. (Ord. No. 39-90, § 1, 11-19-90; Ord. No. 4-99, § 1, Sec. 9-19. Officers' quorum; compensation. 1-28-99) _ - At the first organizational meeting of the board, Sec. 9-17. Composition; .terms; vacancies. the members shall elect a chairman, vice chair- man and secretary from among its members. (a) Composition. The board of trustees shall be Subsequent to the initial organization meeting appointed by the village council and shall consist where officers are elected, the members shall of seven (7) members who shall be residents of the elect the officers from among its members at the village. At least one (1) member of the board shall first regular meeting in October of each year. The be a pool member of the country club,. one (1) presence of four (4) members shall constitute a member of the board shall be a tennis member of quorum and motions shall be approved by a the country club and one (1) member of the board majority of members present. The members shall shall be a golf member of the country club. serve without compensation. °'Editor's note-Ordinance No. 39-90, adopted Nov 19, (Ord. No. 39-90, § 4, 11-19-90; Ord. No. 18-93, § 2, 1990, did not specifically amend this Code; hence, inclusion of 7-22-93) 1-7 as Art. II, 9-16-9-22, was at the discretion of the editor. Ord. No. 4-99, § 1, adopted Jan. 28, 1999, changed the Sec. 9-20. Meetings. title of Ch. 9, Art. II from Administrative Board to Advisory Board. The board shall schedule at least one (1) regu- ,- Cr®ss reference-Administration generally, Ch. 2. lar melting per month. In addition, the chairman Supp. No. 17 562 COUNTRY CLUB § 9-32 may call special meetings and special meetings Sec. 9-22. Reserved. may be called by written notice signed by at least Editor's note-Ord. No. 4-99, § 8, adopted Jan. 28, 1999, four (4) members of the board. Minutes shall be repealed the provisions of former section 9-22 which pertained kept of all meetings. Notice of all meetings shall to the village manager and derived from Ord. No. 39-90, § 7, be posted in accordance with the procedures es- adopted Nov. ls, 1990 and Ord. No. 13-93, § 2, adopted May tablished by the village council. All meetings shall 13, 1993. _ be open to the public. The attorney for the village Secs. 9-23-9-31. Reserved. may give legal assistance to the board as re- quired. The board shall enact or adopt rules for the conduct of its meeting. All members shall be ARTICLE III. 1?'Il`lANCES apprised of the applicability of the "sunshine law" to the. board and its members. Sec. 9-32. Delinquent accounts; penalties. (Ord.. No. 39-90, § 5, 11-19-90; Ord. No. 4-99, § 3, (a) Effective November 1, 1971, all past-due 1-28-99) charges for goods or services purchased at the country club shall carry a penalty of one and Sec. 9-21. Duties. one-half (1~/a) percent of the amount due for each - thirty (30) -days-the ac-`co-``i nt is past due on all - (a) Management and administration policies. accounts where the past-due indebtedness is ten The board shall have such duties as set forth by dollars ($10.00) or more. the village council by resolution. The board shall (b) Effective November 1, 1971, all past-due advise and recommend policies, programs and membership fees at the country club shall carry a activities to the village council as they relate to ~ penalty of one and one-half (1'/2) percent of the the use of the country club facilities. The board in amount past due for each thirty (30) days the its recommendations for the country club shall membership fee is past due on all accounts where not discriminate between club members and vil- the past-due. indebtedness is ten dollars ($10.00) lage resident non-members which would favor the or more. club members' accessibility to club facilities. The (c) All billings for membership fees and for country club administrator shall provide for the goods or services purchased at the country club daily management, administration and operation shall contain information advising the customer of the country club and shall report to the village of the penalty cirarge~'or'alate payment, with at manager. least athirty-day notice of such penalty. (b) Country club administrator. The country (d) In addition to the penalties set forth in club administrator shall serve as the village Paragraphs (a) and (b) of this section, any person manager's representative to the country club ad- whose account for membership fees or for goods ministrative board. and services purchased at the country club is delinquent beyond two (2) billing periods shall (c) Village employees. The country club admin- have his membership privileges suspended at the istrator is responsible for evaluating all country country club and shall no longer be entitled to club employees. purchase goods and services or to utilize the facilities at the country club until he has brought (d) Country club budget. The country club bud- his account current. ~ . 3 get shall be prepared and processed as other (Code 1970, § 10.5-40; Ord. No. 211-70, § 1; Ord. departmental budgets. No. 9-71, § 9; Ord. No. 3-76, § 1, 3-11-76) (Ord. No. 39-90, § 7, 11-19-90; Ord. No. 33-91, § 1, 10-24-91; Ord. No. 13-93, § 1, 5-13-93; Ord. No. 43-97, § 1, 10-9-97; Ord. No. 4-99, 4-7, 1-28- 99) [The next page is 615] Supp. No. 17 563 L LIBRARY § 16-22 ARTICLE I. IN GENERAL Sec. 16-18. Vacancies. In the case of vacancy on the library board by Sec. 16-1. Unlawful to damage property. resignation, removal or otherwise, the village council shall fill such vacancy for the unexpired No person shall trespass, cause injury to, or term. destroy any library grounds, rooms, books or (Code 1970, § 19.5-13) other property constituting a part of the munici- pal library system of the village or violate any of Sec. 16-19. Qualifications. the bylaws or regulations adopted by the library board and approved by the village council relative Members of the library board shall be residents to operation of such municipal library system. of the village; however, neither the mayor nor any (Code 1970, § 19.5-1) member of the village council shall be eligible to be a member of the board. (Code 1970, § 19.5-14) Secs. 16-2-16-15. Reserved. Sec. 16-20. Service without compensation. No member of the library board shall receive ARTICLE II. LIBRARY BOARD any pay or compensation for any services ren- dered as a member of such board. Sec. 16-16. Established. (Code 1970, § 19.5-15) There is hereby established a library board for Sec. 16-21. Organization. the village. (Code 1970, § 19.5-11) The members of the library board shall, imme- diately after their appointment, meet and orga- nize by electing one (1) of their members as Sec. 16-17. Composition; appointment; term chairman and such other officers as the board of office. may deem necessary. Three (3) members of the board shall constitute a quorum. The board. may (1) The library board shall consist of five (5) make and adopt such bylaws, rules and regula- members and two (2) alternates who shall be tions for their own guidance and for the govern- . appointed by the village council. Upon the effec- ment and operation of any municipal library and tive date of this ordinance, the three (3) members reading room in the village as they may deem then serving on the board and whose term expires expedient, subject to the approval, supervision April 30, 1996, and the two (2) members then and control of the village council and not incon- serving on the board and whose term expires sistent with law. April 30, 1997, shall continue and not be affected (Code 1970, § 19.5-16) - bythis ordinance. Thereafter, regular members of the board shall be appointed for a term of two (2) Sec. 16-22. Powers and duties. years or until their successors have been ap- pointed and qualified. (1) The board shall serve in an advisory capac- ity to the village council and make recommenda- (2) The two (2) alternates shall each serve one tions as to present and future activities, planning, (1) year terms. Alternate members of the board programs, capital improvements and facilities and shall be appointed on the same day that regular other matters relating to the overall function and members are appointed. Alternate members shall operation of the municipal library of the village. be appointed as first alternate and second alter- The board is not charged with the duty of ascer- nate and shall serve in that order when required. taining costs or method of implementation of (Code 1970, § 19.5-12; Ord. No. 16-95, § 1, 6-22- their proposed plans; however, the board should 95) consider the needs of all residents of the village. Supp. No. 10 999 § 16 22 NORTH PALM BEACH CODE The board shall have the power to call upon the village manager, or his designee, for information and advice. -The board's recommendations to the village council -shall be in writing and shall state the basis or reasons for such recommendations. (2) The board shall :also perform any -other duties which may be assigned to it by the village council and the board shall act within thirty {30) days of the date of reference,. unless the village council otherwise states. (Code 1970, § 19:5-17; Ord.1Vo. 2-94, § 1, 2-10-94) -Sec. 16-23. Meetings. The board shall meet and shall schedule a regular meeting at least --once per month. In addition, the chairman may call special meetings and special meetings may be called by written notice signed by at least -three (3) members of the 'I :board. Minutes shall be kept of all meetings. ~ Notice of all meetings shall be posted in accor- dance with the procedures established by -the village council. All meetings shall be open to the public. The board shall -enact or adopt rules for the conduct of its meeting. All members shall be ~ " j .apprised of the :applicability of the "Sunshine Law" to -the board :and -its members. {Code 1970, § 19.5-18; `Ord. No. 2-94, § 2, 2-1U-94) Sec. 16-24. Removal from office. Members of -the library board .may be removed by an affirmative vote of a majority of the total members of bhe village council. (Code .1970, § 19:5-19) I F, [The next page is 1051] Supp. No. 10 1000 i i OFFENSES AND MISCELLANEOUS PROVISIONS § 19-210 tense. For any alarm system existing prior to the (8) The name, address and telephone number effective date of the ordinance from which this of the person or entity providing mainte- article derived, an alarm permit application shall nance and repair service to the alarm; be made within sixty (60) days from notification by the village to the alarm user. Alarm system (9) An agreement by the alarm user, binding permits shall first issue for the period from Au- upon the alarm user's heirs and succes- gust 1, 1993, to January 1, 1995, and on an sors in interest, to promptly pay or law- annual basis thereafter. fully contest any penalties assessed against (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, the alarm user for an excessive number of 4-22-93; Ord. No. 14-93, § 1, 6-10-93) false alarms as described in this article. (b) An amended application shall be filed within Sec. 19-209. Application for alarm system ten (10) days after any change in the information permit. provided in the application. Upon such amend- (a) Applications for alarm system permits shall went, a new alarm permit shall be issued without charge or fee. be made to the director of public safety on forms provided by the public safety department. The application shall be signed by the alarm user and (c) Failure to comply with any items in section shall provide the following information: 19-209(a), and (b), shall result in a service fee of twenty-five dollars ($25.00) per incident. This fee (1) Name, address and telephone number of shall be assessed at time of discovery unless, it is the alarm user; being disclosed at time of permit renewal. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, (2) Address and telephone number of the 4-22-93) alarm user's premises or building to be served by the alarm; Sec. 19-210. Term of permit; fee; nontrans- (3) The name, address and telephone number ferable. of the person or persons in charge of the premises or building served by the alarm; (a) An individual alarm system permit shall be issued to single family residences. (4) If not the alarm user, the name, address and telephone number of the property (b) An individual alarm system permit shall be owner; issued to any occupant of a multi-unit dwelling or (5) The names, address and telephone num- commercial building wishing to install aperson- bers of two (2) persons that shall respond alized alarm system within the building already to assist public safety personnel at the Permitted for is controlled by a single person or site of the alarm in case of problems. entity residing or leasing within the building, These persons must be available fortwenty- that may already possess an alarm system permit four (24) hour per day contact and re- as described in section 19-210(c). spond within one (1) hour if requested. (c) In multi-unit structures, whether residen- These persons are required to possess the tial or commercial, an individual alarm system authority to access and inspect the pre- permit shall be issued for an alarm system that is mises in order to evaluate any problems used as a common alarm system throughout the and make an official report if necessary. premises. (6) The name, address and telephone number of the person or entity installing the alarm; (d) The alarm system permit shall be issued the alarm user by the director of public safety (7) The name, address and telephone number prior to the alarm system being placed into ser- of the person or entity monitoring the vice. The fee for this permit is twenty-five dollars alarm; ($25.00) and shall be renewed each calendar year. Supp. No. 21 1239 § 19-210 NORTH PALM BEACH CODE i (e) The public safety department shall issue a a violation of this section. No person shall allow, decal specifying the permit number with each permit, cause, or fail to prevent, the emission, for permit issued. The alarm user shall post the any reason, by any alarm used by him, or any initial decal prominently on or near the front alarm serving premises or a building occupied entrance to the premises such that the permit and controlled by such person, of more false number provided on the decal is visible from alarms as cited in section 19-213(1) and (2) within outside the structure. the calendar year. (f) Any alarm system permit issued pursuant (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, to this article shall not be transferable or assign- 4-22-93) able and shall cover only one (1) building or premises. Sec. 19-213. False alarm service charge; col- (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, lection. 4-22-93; Ord. No. 36-2000, § 1, 11-14-00) ~ alarm user shall pay the following fees to Sec. 19-211. Issuance of alarm system per- the village for responses to excessive false alarms mit. by the public safety department within the calen- dar year. An alarm system permit shall be issued to the alarm user by the director or public safety within (1) In a single alarm user premise, there thirty (30) days after receipt of the completed shall be no charge for a response to the application by the director of public safety. An first three (3) alarms within the calendar alarm system permit shall be denied if: year. (1) The requested information is not supplied (2) In a multi-unit structure where an alarm on the application. system permit has been issued for a com- (2) Material information on the application is mon alarm system, the no charge sched- incorrect. ule of service fees reference false alarms within the calendar year scale will be as (3) Any person or entity listed on the appli- follows: cation under items (a)(6), (7), (8) of section 19-209 does not possess any required oc- cupational or regulatory license to con- 2-20 units -Three (3) no charge duct the activities required by items (a)(6), (7), (8), unless the person or entity is the false alarms alarm user. 21-40 units -Four (4) no charge false alarms The department of public safety shall give 41-60 units -Six (6) no charge false notice of the permit expiration date and need for alarms renewal. Application for renewal will require a 61-80 units -Eight (8) no charge ten dollar ($10.00) permit renewal fee and. up- false alarms dated information required in section 19-209, 81-100 units -Ten (10) no charge items (a)(1) through (9). false alarms (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 101-120 units -Twelve (12) no charge 4-22-93) false alarms 121 or more units -Fifteen (15) no charge Sec. 19-212. Excessive false alarms declared false alarms a public nuisance. (3) There shall be a service fee charge of fifty The emission of false alarms within the Galen- dollars ($50.00) for response to any false dar year as cited in section 19-213(1) and (2) is alarm in excess of the allotted no charge excessive and constitutes a serious public nui- false alarms within the calendar year as sance, and is hereby declared to be unlawful and listed in section 19-213(1) and (2). Supp. No. 21 1240 PARKS, PLAYGROUNDS AND RECREATION § 20-61 Sec. 20-32. Form. (5) That the facilities desired have not been reserved for other use at the day and hour The permit required by section 20-31 shall be required in the application. in such form as may be established by the recce- (Code 1970, § 25-19; Ord.. No. 201-69, § 8) ation director. (Code 1970, § 25-17; Ord. No. 201-69, § 6) Sec. 20-35. Appeal from refusal to issue. Sec. 20-33. Application. (a) Within five (5) days after receipt of an application, the recreation director or village man- An application for a permit required by section ager shall apprise an applicant, in writing, of his 20-31 shall contain the following items: reasons for refusing a permit required by this (1) The name and address of the applicant. division. (2) The name and address of the person, (b) Any aggrieved person shall have the right corporation or association sponsoring the to appeal, in writing, within five (5) days to the activity, if any. village council, which shall consider the applica- (3) The day and hours for which the permit is tion under the standards set forth in section 20-34 desired. and sustain or overrule the recreation director's (4) The park or portion thereof for which such or village manager's decision within seven (7) permit is desired. days. (5) An estimate of the anticipated atten- (c) The decision of the village council shall be dance. final. (6) Any other information which the recce- (Code 1970, § 25-20; Ord. No. 201-69, § 9) ation director shall find reasonably neces- sary to afair determination as to whether Sec. 20-36. Revocation. a permit should be issued. (Code 1970, § 25-18; Ord. No. 201-69, § 7) The recreation director may revoke a permit required by this division upon a finding of a violation of any rule, ordinances. or provision of Sec. 20-34. Standards for issuance. this Code, or upon good cause shown. The recreation director or the village manager (Code 1970, § 25-23; Ord.. No. 201-69, § 12) shall issue a permit under this division when he finds: Secs. 20-37-20.60. Reserved. (1) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoy- ARTICLE III. RECREATION ADVISORY went of the park. DOARD* (2) That the proposed activity or use will not unreasonably interfere with or detract Sec. 20-61. Created. from the promotion of public health, wel- fare, safety and recreation. A recreation advisory board (hereinafter re- ferred to as board) for the village is hereby cre- (3) That the proposed activity or use is not ated. reasonably anticipated to incite violence, Ord. No. 5-92, § 1, 4-23-92) crime or disorderly conduct. *Editor's note-Ordinance No. 5-92, adopted April 23, (4) That the proposed activity will not entail 1992 did not specifically amend the Codes; hence, inclusion of unusual, extraordinary or burdensome ex- 1-6 as Art. III was at the discretion of the editor. pense or police operation by the village. Cross reference-Department of recreation, § 2-110. Supp. No. 17 1293 i § 20-62 NORTH PALM BEACH CODE Sec. 20-62. Composition;. terms; vacancies. quorum and motions shall be approved by a (a) Composition. The board shall be appointed majority of members present. The members shall serve without compensation. by the village council and shall consist of five (5) Ord. No. 5-92; § 4, 4-23-92) members and two (2) alternates. who shall be residents of the village. Sea. 20-65. Meetings. (b) Term. The initial appointments to the five The board shall meet and shall schedule a (5) member board shall take effect upon the regular meeting at least once per month. In effective date of this article with the respective addition, the chairman may call special meetings terms expiring as follows: and special meetings may be called by written (1) The terms of two (2) members shall expire notice signed by at least three (3) members of the on May 1, 1992. board. Minutes shall be kept of all meetings. (2) The terms of three (3) .members shall Notice of all meetings .shall be posted in accor- expire on May 1, 1993. dance with the procedures established by the village council. All meetings shall be open to the (c) Subsequent terms. Upon expiration of the public. The board shall enact or adopt rules for terms set :forth above, each appointment shall be the conduct of its meeting. All members shall be for two-year terms. Appointments shall hereafter apprised of the applicability of the "Sunshine be made by resolutions of the village council. Law" to the board and its members. Ord. No. 5-92, § 5, 4-23-92) (d) Vacancies. An appointment to fill any va- cancy shall be for the remainder of the unexpired Sec. 20-66. Duties. 1 term of office. (a) The board shall serve in an advisory capac- (e) Alternates. The two (2) alternates shall ity to the village council and make recommenda- each serve one (1) year terms_Alternate members tions as to present and future recreation activi- of the board shall be appointed on the same day ties,. planning, recreation programs, capital that regular members are appointed. Alternate improvements and facilities and other matters members shall be appointed as first alternate and relating to the overall recreational activity of the second .alternate and shall serve in that order village and its waterways. The board is not charged when required. with the duty of ascertaining costs or method of (Ord. No. 5-92, § 2, 4-23-92; Ord. No. 17-95, 1, implementation of their proposed plans; however, 2, 6-22-95) the board should consider the needs of all resi- dents of the village. The board shall have the Sec. 20-63. l~,emoval. power to call upon the village manager, or his Members of the board shall serve at the plea- designee, for information and advice. The board's sure of the village council and maybe removed at .recommendations to the village council shall be in any time with or without cause. writing and shall state the basis or reasons for Ord. No. 5-92, § 3, 4-23-92) such recommendations: (b) The board shall also perform any other Sec. 20-64. Officers' quorum; compensation. duties which may be assigned to it by the village At the first organizational meeting of the board, council and the board shall act within thirty (30) the members shall elect a chairman, vice presi- days of the date of reference, unless the village dent and secretary from among its members. council otherwise states. Subsequent to the initial organizational meeting Ord. No. 5-92, § 6, 4-23-92; Ord. No. 27-98, § 1, where officers are elected, the members shall 12-10-98) elect the officers from among its members at the first regular meeting in May of each -year. The presence of three (3) members shall constitute a [The next page is 1343] Supp. No. 17 1294 PLANNING AND DEVELOPMENT § 21-10 ARTICLE I. IN GENERAL proceed under state regulations and derived from Ord. No. 6-77, adopted April 28, 1977. Subsequently, § 1 of Ord. No. SeC. 21-01. Comprehensive plan-Adoption. 18-87, adopted Nov. 12, 1987, purported to amend the Code by « adding thereto a new Ch. 41, 41-1-41-4. For purposes of Pursuant to the provisions of the LOCal GOV- classification the editor, at his discretion, has redesignated ernment Comprehensive Planning and Land De- the substantive provisions of the ordinance as § 21-1. velopment Regulation Act," F.S. section 163.161 et seq., the village hereby adopts the comprehen- sive plan of the village. A copy of the comprehen- See:: 2'1.2., Filing. fees. and costs for voluntary sive plan of the village is attached to Ordinance annexation. of Land: No. 23-89 and made a part thereof as, exhibit A. (Ord. No. 23.-89, 1', 11-9-89) (a)~ Enactment and authority. Pursuant to F.S. Edifor"s note~Ordinance N`o. 23-89, adopted Nov: 9, 1989; chapter 170',. the. village does hereby ordain and specifically amend. this Code; hence;: ineluson.of 1. as § 21-01 was, at the discretion of the editor.. Extifbit. A is not printed. enact into. law these: additional requirements for herein,.. but fs on file and available fore reference in the office of annexation.: the village clerk. Sec. 21.1. Same-Filing fees and costs for (b) Jurisdiction. These regulations shall govern changes. all voluntary annexation of lands into the corpo- rate limits of North Palm Beach hereafter. (a) Enactment and authority.. Pursuant to F.S. chapter 163, the village does hereby ordain and (c). Fees; application. All applications for volun- enact into law these additional requirements for tart' annexation of land to the village shall be amendments to the village comprehensive plan. done by application to the village council. The (b) Jurisdiction. These regulations shall govern application to the village council maybe made by all petitions to amend the village comprehensive any property owner of property contiguous to the plan. village. Such application shall be filed with the (c) Fees; application. All petitions to amend the building department of the village,. which shall village comprehensive plan shall. be done by ap- transmit the same, together with all legal descrip- plication to the village council. The application to tions, ownership information, etc., to the village the village council may be made by any owner of council.. Any such application must be accompa- property located within the village. Such applica- Hied by a filing fee of one hundred dollars ($100.00) tion shall be filed with the building department of and shallbe conditioned upon the applicant paying the village, which shall transmit the same, to- a1T the village's. costs for legal adverfising for the gether with all legal descriptions, ownership in- proposed annexation, as well. as any other costs formation, requested change to the comprehen- specially incurred by the village to process the sive plan, etc., to the village council. Any such voluntary annexation application. application must be accompanied by a filing fee of one hundred dollars ($100.00) and shall be condi- (d) Advice of planning commission. Prior to an- tioned upon the applicant paying all the village's nexation, the village council shall seek the advice costs for legal advertising for the proposed com- of the planning commission of the village as to the prehensive plan amendment, as well as any other proposed annexation. costs specially incurred by the village to process (Ord. No. 19-87, § 1, 11-12-87) the petition. Editor's note-Section 1 of Ord. No. 19-87, adopted Nov. 12, 1987, purported to amend the Code by adding thereto a (d) Advice of planning commission. Prior to con- new Ch. 40, 40-1-40-4. For purposes of classification, the sidering an amendment to the comprehensive plan editor, at his discretion, has redesignated the aubstantive pro- of the village, the village council shall seek the visions of the ordinance as § 21-2. advice of the planning commission of the village. (Ord. No. 18-87, § 1, 11-12-87) Editor's note-Ordinance No. 4-86, § 1, adopted April 24, SeCS. 2I.3-21-10. Reserved. 1986, repealed former § 21-1 which pertained to the intent to 1345 § 21-11 NORTH PALM BEACH CODE ARTICLE II. PLANNING COMMISSION* (2) Chairman; quorum; compensation. The members of the planning commission shall elect a chairman from among its members. .Sec. 21-11. Composition; conduct generally. The presence of three (3) or .more members shall constitute a quorum of the planning (a) Created. A planning commission for the vil- commission. The members shall serve lage is hereby created. without compensation. (b) Membership. (c) Meetings. The planning commission shall meet at least once each month on a date to be (1) Terms; vacancies; alternate members. The determined by the planning commission. planning commission shall consist of five (5) members who shall serve for two-year (d) Powers, duties. The planning commission terms and two (2) alternates who shall serve shall have the following powers and duties: for one-year terms. At the first appoint- (1) Perform any duties which lawfully maybe ment of members to the planning commis- assigned to it by the village council. sion, three (3) regular members shall be ap- (2) Perform any other duties which maybe as- pointed for a term of two (2) years, two (2) signed to it under this Code. regular members shall be appointed for a term of one (1) year, and thereafter each (3) The planning commission of the village is appointment shall be for two-year terms. hereby designated as the governmental en- All terms shall take effect on the first day tity to act as-the "local planning agency" of May of each year. Alternate members of in accordance with chapter .163, Florida the commission shall be appointed on the Statutes. same day that regular members are ap- (Ord. No. 6-77, § 2, 4-28-77; Ord. No. 4-86, § 2, } pointed. The planning commission shall con- 4-24-86) sist of one (1) land use planner or architect, one (1) architect, one (1) civil engineer, one (1) person engaged in business within the Sec. 21-12. Changes to zoning ordinances. corporate limits of the village, and a fifth (a) The village council may amend or supple- member who need not be engaged in any ment the regulations and districts fixed by any particular business or profession. All va- zoning ordinance adopted pursuant to this act (Lo- cancies on the planning commission shall cal Government Comprehensive Planning and be filled within thirty (30) days so as to Land Development Regulation Act) after referral maintain the composition of the commis- and recommendations of the planning commis- sion as set forth above. Alternate members sion. Proposed changes may be suggested by the of the planning commission shall be ap- village council, by the planning commission, or by pointed as first alternate and second alter- the petition of the owners of fifty-one (51) percent pate and shall serve in that order when or more of the area involved in the proposed necessary. The members shall serve at the change. In the latter case, the petitioners maybe pleasure of the village council. required to assume the -cost of public notice and *Editor's note-Article II, 21-11, 21-12, was included at other costs incidental to the holding of public hear- the editor's discretion, being derived from Ord. No. 6-77, § 2, 1ngS. adopted April 28, 1977, and Ord. No. 4-78, § 2, enacted Mar. 23, 1978. Section 1 of Ord. No. 4-78 repealed former § 21-1, 0~) The planning commission, regardless of the pertaining to the designation of the local planning agency, source of the proposed change, shall hold a public derived from Ord. No. 9-76, § 1, adopted May 27, 1976. hearing or hearings thereon, with due public no- Cross reference-Duties and powers of planning commis- tire, but shall in any case, if any change is to be sion concerning appearance code, § 6-36. State law reference-Local government comprehensive considered by the planning commission, submit planning and land development regulation act, F.S. § 163.3161 in writing its recommendations on the proposed et seq. change to the village council for official action. 1346 APPENDIX B-SUBDIVISIONS § 36-10 construction plans of the proposed subdivision in (5) Planning commission review. The planning accordance with the following procedure: commission review shall include consider- (1) Application for preliminary plat approual. ation of the review comments. In addition, In order formally to seek action on the pre- Particular attention shall be given to the liminary plat, the subdivider shall submit arrangement, location and width of streets, an application form, a minimum of twenty their relation to the topography of the land, (20) copies of the preliminary plat and the water supply, sewage disposal, drainage, lot application fee to the department of public sizes and arrangement, the present or fu- ture development of adjoining lands, and services. the requirements of the comprehensive plan (2) Developments o f regional impact. For all sub- and zoning ordinance. divisions that are presumed to be develop- (6) Planning commission action. Following the ments of regional impact as provided in F.S. hearing on the preliminary plat, the plan- chapter 380, and chapter 22F, Florida Ad- ning commission shall recommend to the ministrative Code, a copy of the prelimi- village council one (1) of the following ac- nary plat and a completed application for tions: development approval shall be submitted to the village council, the regional plan- 1. Issue a certificate of preliminary plat ning agency and the state land planning approval. agency. A development order shall be is- 2. Issue a certificate of conditional plat sued prior to the review and approval of approval, subject to any necessary mod- construction plans as provided in section ifications which shall be noted on the 36-12 of these regulations. preliminary plat or attached to it in writing. (3) Fees. A fee of one hundred fifty dollars 3. Disapproval of the preliminary plat or ($150.00) shall be paid to the village by the any portion thereof, stating the rea- subdivider at the time of filing the applica- sons for disapproval in writing. The tion to defray the cost of filing said appli- subdivider may reapply for preliminary cation, notifying interested parties and plat approval in accordance with pro- holding ahearing on the preliminary plat. visions of this section. In addition, a fee of two hundred dollars ($200.00) per lot layout plat sheet shall be (7) Notification of action. The recommendation paid to defray the cost of engineering re- of the planning commission and the action of the village council shall be noted on two view. (2) copies of the preliminary plat, one (1) (4) Review comments. The department of public copy of which shall be returned to the sub- services shall forthwith transmit one (1) divider and the other retained by the de- copy of the preliminary plat to the village partment of public services. engineer, copies to the village council and additional copies to appropriate agencies. (8) Failure of the planning commission to take Each of these agencies shall review the pre- action. Failure of the planning commission liminary plat and st~.bmit any written rec- to make a recommendation to the village ommendations to the planning commission, council, as required by paragraph (6) of this which shall hold a public hearing on the section, within ninety (90) days of filing the preliminary plat with due public notice as preliminary plat, shall give the applicant defined in F.S. Chapter 163.170 [section the right to appeal directly to the village 163.3164(17)]. The subdivider, or his duly council for action, unless the applicant authorized representative, shall attend agrees to an extension of time. these meetings of the planning commission (9) Effect of approual. Approval of the prelim- to discuss his preliminary plat. inary plat by the village council shall not 2359 § 36-10 NORTH PALM BEACH CODE constitute approval of the final plat but (10) Other existing improvements including shall be deemed an expression of approval buildings on or adjacent to the tract. of the layout submitted as a guide to the preparation of the final plat. Preliminary (11) Preliminary layout including streets, al- approval shall expire and be of no further Ieys and easements with dimensions and effect twelve (12) months from the date of proposed street names, lot lines with ap- proximate dimensions, land to be reserved preliminary approval unless the time is ex- or dedicated for public uses, and any land tended by the village council prior to expi- to be used for purposes other than single- ration; otherwise, the subdivider must re- family dwellings. apply for preliminary plat approval in accordance with provisions of this section. (12) Block letters and lot numbers. (Ord. No. 15-90, § 2, 6-28-90) (13) Zoning district boundaries on and abutting the tract. see. 36=11. Preliminary plat specifications. (14) Proposed method and approval by all fran- chisedutilities of water supply, sewage dis- Thepreliminary plat shall be drawn clearly and posai, drainage, street lighting and elec- legibly at a scale of at least one (1) inch equals one trical distribution system. hundred (100) feet using a sheet size of twenty- (15) Minimum building front yard setback lines. four (24) inches by thirty-six (36) inches, reserving a three-inch binding margin on the left side and a (16) Typical street cross-sections for each street one-inch margin on the other three (3) sides. If classification. more than one (1) sheet is required, an index map (17) Natural features including lakes, marshes relating each sheet to the entire subdivision shall or swamps, watercourses, land subject to be shown on the first sheet. The preliminary plat flooding, wooded areas and isolated trees shall contain the following information: having a trunk caliper of six (6) inches or (1) Proposed name of subdivision. more at a height of four (4) feet above the (2) Name, address and telephone number of the ground. In lieu of this requirement, the ap- subdivider and agent of the subdivider. plicant may furnish aerial photographs of the area in question. Aerials to be no more (3) Name and registration number of surveyor. than two (2) years old and to a scale of a (4) Date of survey, north point, graphic scale, maximum of one (1) foot to two hundred date of plat drawing and space for revision (200) feet. dates. (18) Surface drainage with direction of flow and method of disposition indicated. (5) Vicinity map showing location with respect to major roads and acreage of the subdivi- (19) Soil survey map. sion. (20) Subsurface conditions of the tract showing (6) Boundary line of the tract by bearing and subsurface soil, rock and groundwater con- distance. ditions; location and results of soil percola- tion tests; location and extent of muck ~ (7} Legal description of the tract to be subdi- pockets. vided. - (8) Names of owners of adjoining land with (21) Existing covenants and restrictions. their approximate acreages. (22) Any other information that may be consid- (9) Existing streets, utilities and easements on ered necessary for full and proper consider- and adjacent to the tract, including the lo- ation of the proposed subdivision. cation and size of each and the invert ele- (23) Inscription stating "NOT .FOR FINAL nation of sewers. R.ECORDING." 2360 APPENDIX B-SUBDIVISIONS § 36-12 (24) Flood hazard reports. If the proposed sub- pleted construction plans and the approved pre- division is in an area subject to flooding as liminary plat to the department of public services determined by the village engineer then the along with a fee of one hundred fifty dollars subdivider shall submit three (3) valley ($150.00) to defray the processing cost. In addi- cross-sections including the channel of the tion, the subdivider shall pay a fee of one-half of stream at points specified, topographic in- one (1) percent of the estimated cost of construc- formation for areas adjoining sides of the tion of all the~improvements required by this or- channel, cross-sections for land to be occu- dinance to defray the cost of the administration of pied by the proposed development, high- the subdivision. Following review, if the construc- water information, boundaries of area sub- tion plans are consistent with the approved pre- fect to ponding and other pertinent liminary plat and comply with all standards and information. The department of public ser- specifications, the village engineer shall notify the vices shall transmit one (1) copy of this in- subdivider and the department of public services formation described to the village engineer of construction plan approval. If the construction or other expert person or agency for tech- plans are not consistent with the approval prelim- nical assistance, where necessary, in eval- inary plat or do not comply with all standards and uating the proposed project in relation to specifications, the village engineer shall notify the flood heights and velocities, the serious- subdivider and the department of public services: ness of flood damage to the use, the ade- (a) Conditional construction plan approval, quacy of the plans for protection and other subject to any necessary modifications technical matters. The planning commis- which shall be indicated on the plans or Sion, with technical assistance, shall esti- .attached to it in writing; or mate the discharge of the regulatory flood, determine the specific flooding threat at the (b) Disapproval of the construction plans or any site of the proposed subdivision and deter- portion thereof, indicating in writing the mine whether the subdivision is located in reasons for such disapproval. a floodway or flood fringe area by: (a) Calculation of water surface elevations (3) Posting of surety device. Approval of the con- and flood protection elevations based struction plans is authorization to proceed with , upon a hydraulic analysis of the ca- installation of any improvements required, sub- pacity of the stream channel and over- fact to the approval of agencies having proper au- bank areas to convey the regulatory thority, and the preparation of the final plat or flood. Flood protection elevations shall unit division thereof, and in certain instances as be at or above the water surface eleva- specified herein, subject to the posting of a surety tions of the regulatory flood. device as follows: (a) If the final plat is to be recorded prior to Sec. 36-12. Construction plans procedure. installation of improvements, a surety in (1) Preparation of construction plans. Following ~ the form of a performance bond, trust deed approval of the preliminary plat (and issuance of or escrow agreement, approved by the vil- development order for development of regional im- lage attorney, shall be filed with the viI- pact when applicable) the subdivider shall submit lage clerk. Such surety shall cover at least construction plans and specifications for all pro- one hundred ten (110) percent of the cost of posed subdivision improvements. These construe- all required improvements, such as streets tion plans must be prepared in conformance with and drainage, water, sewerage, gas and elec- these regulations by a professional engineer rag- trical distribution systems, with estimates istered in the State of Florida. provided by the subdivider approved by the village engineer. The surety shall be con- (2) Submission and review o f construction plans. ditioned upon the faithful performance by The subdivider shall submit four (4) sets of prints the subdivider of all work required to com- approved by all interested agencies of the com- plate all improvements and installations for 2361 § 36.12 NORTH PALM BEACH CODE the subdivision, or unit division thereof, in These drawings shall include the following infor- compliance with these rules and regula- mation: tions within a period of one (1) year and shall be payable to and for the indemnifi- (1) A topographic map of the subdivision as cation of the village. required by the village engineer with a max- imum contour interval of one (1) foot where (b) If improvements are installed prior to final overall slopes of zero percent to two (2) per- plat approval in accordance with the spec- cent, two (2) feet where slopes are over two ifications of these regulations and such im- (2) percent but less than ten (10) percent, or provements have been inspected and ap- five (5) feet where slopes are over ten (10) proved by the village engineer and the percent, based on U.S. Coast and Geodetic li subdivider's engineer, the following certif"i- Datum. Such map shall be prepared by a cation shall be substituted for a surety de- land surveyor. vice; (2) A drainage map of the entire basin or ba- I hereby certify that I have inspected the sins within which the subdivision lies. This streets, utilities, monuments and other im- map maybe combined with the above topo- p r o v e m e n t s shown o n the p l a t o f graphic map, including all ridges outlining subdivision and to the the basins and the sizes of the basins in best of my knowledge find that the same acres, of all existing and proposed drainage have been constructed and installed in ac- areas of flow concentration. Flow paths cordance with prescribed specifications and shall be indicated throughout, including a maintenance bond in the amount of final outfalls with the subdivision and ba- posted and find that there are no visible defects in the materials and work- sins. manship apparent in said improvements. (3) Improvement construction drawings. Three ) (3) blueprints of these drawings shall be sub- Approved: mitted, and the sheet size shall be twenty- four (24) inches by thirty-six (36) inches un- Village Engineer Subdivider's Engineer less another size is approved by the staff. (4) Posting of maintenance bond. A mainte- The drawings shall be referenced to the nance bond in the amount of ten (10) per- name and unit number of the proposed sub- cent of the total cost of all required street division, shall show elevations based on and drainage improvements shall be posted mean sea level datum plan approved by the as a condition to final plat approval by the village engineer, and shall show the fol- village. Such maintenance bond will be re- lowing information: turned to the subdivider at the end of one (a) Street profiles. Plans for street construc- (1)year from the time of final plat approval, tion shall consist of a plan view provided that all required improvements showing PI elevations and percentage have been properly maintained, as approved grade slopes between PI's on the plan by the village engineer. sheet. (b) Street cross-sections. Across-section of i Sec. 36.13. Construction plan specifications, each proposed street, at a scale of ten (10) feet or less to the inch, showing Plans for the required improvements shall be the width of pavement, the location and prepared for the approval of the village engineer width of sidewalks, where required, and prior to construction and only after approval of rights-of--way. the preliminary plat. Such improvement plans (c) Water supply, sewers, storm water shall show the proposed locations, sizes, types, drainage, gas system, CATV, telephone grades and general design features of each fa- system and electrical distribution cility, and shall be based upon reliable field data. system. The plans and profiles of pro- 2362 APPENDIX B-SUBDIVISIONS § 36-38.1 section and the payment of the required fee, nature shall be attached to any protected the department of public service shall issue vegetation during construction. a permit therefor. With each such permit, the department of public services shall issue (d) Excavation. Unless otherwise authorized by a weatherproof permit card which shall bear the vegetation removal permit, no soil is to all pertinent information thereon. Such card be removed from within the drip line of any shall be maintained in a conspicuous place tree that is to remain at its original loca- onthe front of the premises affected thereby tion. during the entire time that the work au- (e) Protective barriers. thorized by the vegetation permit is in progress. (i) Installation of protection barriers. All protection barriers shall be installed (g) Time limitation. Permits shall expire and and maintained for the period of time become null and void if work authorized by beginning with the commencement of such permit is not commenced within ninety any land clearing or building opera- (90) days from the date of the permit or if tions and ending with the completion such work when commenced is suspended of the permitted clearing or building or abandoned at any time for period of construction work on the site. ninety (90) days. If work has commenced (ii) On-site representative required. The ap- and the permit becomes null and void or plicant for a vegetation removal permit expires because of lack of progress or aban- shall, at the time of application, desig- donment, anew permit covering the pro- nate an on-site representative who will posed vegetation removal activity shall be be responsible for the installation and obtained before proceeding with the work. ~ the maintenance of all tree protection This provision shall not be applicable in barriers. The representative shall be case of civil commotion, or when said work responsible for supervising the removal is halted due to legal action by the village of all existing vegetation permitted to against the permittee. be removed. The representative shall (4) Vegetation protection during construction. be on-site at all times during the veg- (a) Generally. During construction, all reason- etation clearing operations. able steps necessary to prevent the destruc- (iii) Protection of large areas of vegetation. tion or damaging of protected vegetation When the circumference of an area of shall be taken. Protected vegetation de- vegetation to be preserved i$ more than stroyed or receiving major damage must be two hundred (200) linear feet, the areas replaced by vegetation of equal environ- to be preserved shall be protected mental value, as specified by the depart- during land alteration and construc- ment of public services, before occupancy tion activities by placing 2 x 2 wood or use unless approval for their removal stakes a maximum of twenty (20) feet has been granted under permit. apart around the perimeter of the area (b) Filling and construction debris. During con- of vegetation, and tying ribbon, survey struction, unless otherwise authorized by flagging, rope, etc., from stake to stake along the perimeter of such areas to be the vegetation removal permit, no excess preserved. soil, additional fill, equipment, liquids, or (iv) Protection of small areas of vegetation. construction debris, shall be placed within When the circumferences of an area of the drip line of any vegetation that is re- protected vegetation is less than two quired to be preserved in its present loca- hundred (200) lineal feet, a protective tion, barrier shall be placed around the (c) Attachments. No attachments or wires other groups of trees and understory that is than those of a protective or nondamaging indicated to remain. The barrier shall 2377 § 36-38.1 NORTH PALM BEACH CODE not be less than three (3) feet in height, section relating to permit fees, and no fees shall limit access to the protected area, shall be charged for the removal of this veg- and shall be composed of wood, metal etation. The department of public services or other suitable materials which in- shall provide guidance to any individual in sure compliance with the intent of the doubt as to the identity of any particular code [this section). The barrier shall be vegetation. Those trees exempt are: highlighted with strips of survey flag- (i) Melaleuca quinquenervia (cajaput or pa- ging placed no more than five (5) feet perbark or punk tree). on center. The provided barrier shall not harm the protected vegetation (ii) Casuarina spp. (Australian pine). through construction or any other (iii) Schinus terebinthifolius (Brazilian pepper or Florida holly). means. (iv) Bischofaa jauanica (toog or bishopwood (v) Protection of individual trees. When the tree). retention of single trees is required by (v) Trees which are no longer viable. this code [section], a protective barrier (vi) Trees which are required to be removed shall be placed around the tree at a by law. distance from the trunk of six (6) feet or two-thirds of the drip line, which- (6) Fees. The village council is authorized to set ever is greater, of a hardwood tree, and reasonable fees and charges for the implementa- six (6) feet from the trunk or at the drip tion of this code [section]. Such fees shall be set by line, whichever is greater, for asoft- ordinance. wood tree, or as otherwise determined (Ord. No. 15-90, § 7, 6-28-90) by the department of public services. , (5) Exceptions. Sec. 36-39. Violation misdemeanor. (a) Vegetation endangering health, safety or property. In the event that any vegetation Any person who shall sell any lot, or lay out, shall endanger health, safety or property, construct, open or dedicate any street, sanitary and require immediate removal without sewer, storm sewer, water main or drainage struc- delay, after observation and the taking of a ture without having first complied with the pro- photograph ofthe subject vegetation, verbal visions of these regulations, or [who] otherwise authorization may be given by the director violates this ordinance, shall be guilty of a mis- of public services and the vegetation re- demeanor. Each day that the violation continues moved without obtaining a written permit shall constitute a separate violation. as herein required. Such verbal authoriza- tion shall subsequently be confirmed in writing by the department of public ser- vices. (b) Plant nurseries and botanical gardens. All ARTICLE VI. AMENDMENTS state-approved and governmental plant nurseries and botanical gardens shall be [Sec. 36-39.1. Public hearing required.] exempt from the terms and provisions of this section, but only in relation to those This ordinance may be amended by the village plants which are planted and growing for council, provided, however, that no amendments the sale or intended sale to the general shall become effective until a public hearing by public in the ordinary course of business or the planning commission has been held. Public for some public purpose. notice regarding the time, place and date of the (c) Fee exceptions. The following types of trees hearing shall be published in accordance with F.S. shall be exempt from the :provisions of this chapter 163, as amended. 2378 APPENDIX B-SUBDIVISIONS § 36.42 ARTICLE VII. LEGAL STATUS Sec. 36-40. Saving clause. If any section, part of a section, paragraph, sen- tence, clause, phrase or word of this ordinance is, for any reason, held or declared to be unconstitu- tional, inoperative or void, such holding of inval- idity shall not affect the remaining portions of this ordinance; and it shall be construed to have been the legislative intent to pass the remainder of the ordinance, after the exclusion of such part or parts; [and it] shall be deemed to be held valid as if such part or parts had not been included therein, or if this ordinance or any of the provi- sions thereof shall be held inapplicable to any person, group of persons, property, kind of prop- erty, circumstances or set of circumstances, such holding shall not affect the applicability hereof to any other person, property or circumstances. Sec. 36.41. Conflicting regulations. This ordinance shall not be construed to have the effect of repealing any existing ordinance con- cerning the subject matter of this ordinance, but the regulations established herein shall be sup- plemental and cumulative. However, in the case of direct conflict with a provision or provisions of any existing ordinance, the provision which is more restrictive and imposes higher standards or requirements shall govern. Sec. 36-42. Effective date. This ordinance shall take effect immediately upon adoption. Subdivisions for which prelimi- nary or final plans or plats have been approved prior to the effective date may be developed and completed according to the preexisting require- ments for subdivisions. However, preliminary plans or final plats which have been approved prior to the effective date of this ordinance shall not be substantially changed or amended after the effec- tive date of this ordinance except to conform with the regulations established herein. [The next page is 2479] 2379 APPENDD~ C-ZONING § 45.49 section to review the completed appli- ARTICLES IV, V. RESERVED* cation and accompanying submittals. After completing the review of the ap- plication and fulfilling the public no- Secs. 45.40-45.48. Reserved. tice and hearing requirements set forth above, the planning commission shall take one of the following actions: i. Grant the certificate of appropri- ARTICLE VI. AIVIEPIDI6ZENTS-FEES; ateness with an immediate effec- WAITING PERI®DS tive date; ii. Grant the certificate of appropri- ateness with special modifications Sec. 45-49. Applications for rezoning, etc. and conditions; or iii. Deny the certificate ofappropriate- (1) All applications for rezoning and all appli- ness. cations to amend, supplement, modify or repeal g. The planning commission shall make the boundaries, districts, regulations or restric- written findings and conclusions that tions established by this chapter shall be done by specifically relate the criteria for application to the planning commission of the vil- granting certificates of appropriate- lage. The application to the planning commission ness. All parties shall be given the op- maybe made by any property owner or tenant or portunity to present evidence through bureau Su h appl cations steal b filed with the documents, exhibits, testimony, or building department of the village, which shall other means. All parties shall be given transmit the same, together with all the plans, the opportunity to rebut evidence specifications, application blank and other papers through cross-examination or other pertaining to the application, to the planning com- means. mission. Any such application, except by a gov- h. The department shall record and keep ernmental agency, must be accompanied by a records of all meetings. The records filing fee of one hundred dollars ($100.00). shall include the vote, absence, or ab- stention of each member upon each (2) All applications to the planning commission question, all official actions of the plan- concerning rezoning shall be upon forms to be sup- ning commission, and the findings and plied by the building department. conclusions of the planning commis- sion. All records shall be filed in the (3) Whenever, after review, investigation and department. hearing, any application for a change of district i. Any person aggrieved by a decision classification has been denied, an application for reached by the planning commission alike change cannot be reinstated for a period of may appeal the decision to the village at least one (1) year after said denial. council. (Ord. No. 15-78, § 1, 6-8-78) j. No Work for which a Certificate of ap- Editor'® note-A copy of the forma to be used are attached propriateneSS is required may be un- to Ord. No. 185-68 as exhibit 1, from which ordinance section dertaken unless a certificate of appro- 45-49 was derived. priateness authorizing the work is conspicuously posted on the property *Editor's note-Ordinance No. 6-77, § 6, adopted Apri128, 1977, repealedArt. IV, 45-40-45.43, and Art. V, 45.44- where the work is to be performed. 45.48, of App. C, which articles pertained to the zoning board (Ord. No. 24-90, § 1, 6-28-90) of adjustment and the planning and zoning advisory board, Crows reference-Alcoholic beverages, Ch. 3. both of which articles derived unchanged from the original zoning ordinance. For provisions concerning the planning com- mission and the board of adjustment, see Ch. 21, Arts. II and Secs. 45.38, 45.39. Reserved. III. 2515 § 45-50 NORTH PALM BEACH CODE Sec. 45.50. Application for variances. adding other structures or uses prohibited else- where in the same district. (1) All applications for variances to regulations (Ord. No. 12-75, § 1, 9-11-75) or restrictions established by this ordinance shall be done by application to the board of adjustment i of the village. The application to the board of ad- Sec. 45-61. Extension and enlargement. justment may be made by any property owner or (1) A nonconforming use of a structure, a non- tenant or by a governmental office, department, conforming use of land, or a nonconforming use of board or bureau. Such applications shall be filed structure and land shall not be extended or en- with the building inspector of the village, who larged after passage of this ordinance by attach- shall transmit the same, together with all the ment on a building or premises of additional signs plans, specifications, application blank and other intended to be seen from off the premises, or by papers pertaining to the application, to the board the addition of other uses of a nature which would of adjustment. Any such application, except by a be prohibited generally in the district involved. governmental agency, must be accompanied by a filing fee of one hundred dollars ($100.00). (2) To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in (2) All applications to the board of adjustment the plans, construction, or designated use of any concerning variances shall be upon forms to be building on which actual construction was law- supplied by the building inspector's office. fully begun prior to the effective date of adoption (Ord. No. 6-77, § 4, 4-28-77) or amendment of this ordinance and upon which Editor's note-A copy of the forms to be used are attached actual building construction has been diligently to ordinance No. 186-68, as Exhibit 1, from which ordinance carried on. Actual construction is hereby defined section 45-5o was derived, to include the placing of construction materials in permanent position and fastened in a permanent [Secs. 45-51-45-59. Reserved.] manner. Except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construc- [ARTICLE VII. NONCONFORMING USES tion, provided that work shall be diligently car- OF LAND AND STRUCTURES] ried on until completion of the building involved. (Ord. No. 12-75, § 1, 9-11-75) Sec. 45.60. Intent. Sec. 45.62. Nonconforming lots of record. (1) Within the districts established by this or- dinance, or amendments that may later be (1) In any district in which single-family dwell- li adopted, there exist lots, structures, uses of land ings are permitted, notwithstanding limitations and structures and characteristics of use which imposed by other provisions of this ordinance, a were lawful before this ordinance was passed or single-family dwelling and customary accessory amended, but which would be prohibited, regu- buildings may be erected on any single lot of record fated, or restricted under the terms of this ordi- at the effective date of adoption or amendment of nance or future amendments. this ordinance. Such lot must be in separate own- ership and not of continuous frontage with other (2) It is the intent of this ordinance to permit ~ lots in the same ownership. This provision shall these nonconformities to continue until they are apply even though such lot fails to meet the re- removed, but not to encourage their continuation. quirements for area or width, or both, that are Such uses are declared by this ordinance to be generally applicable in the district, provided that incompatible with permitted uses in the district yard dimensions and other requirements not in- involved. It is further the intent of this ordinance volving area or width, or both, of the lot shall that nonconformities shall not be enlarged upon, conform to the regulations for the district in which expanded or extended, nor be used as grounds for such lot is located. Variance of area, width, or 2516 APPENDIX C-ZONING § 45-65 yard requirements shall be obtained only through (4) No additional structure which does not con- action of the board of adjustment. form to the requirements of this ordinance shall be erected in connection with such (2) If two (2) or more lots or combinations of lots nonconforming use of land. and portions of lots with continuous frontage in (Ord. No. 12-75, § 1, 9-11-75) angle Lsingle] ownership are of record at the time of passage or amendment of this ordinance, and if Sec. 45-64. Nonconforming structures. all or part of the lots do not meet the require- Where a lawful structure exists at the effective ments for lot width and area as established by date of adoption or amendment of this ordinance this ordinance, the lands involved shall be consid- that could not be built under the terms of this ered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall ordinance by reason of restrictions on area, lot be used or sold which does not meet lot width and coverage, height, yards or other characteristics of area requirements established by this ordinance, the structure or its location on the lot, such struc- nor shall any division of the parcel be made which ture may be continued so long as it remains oth- erwise lawful subject to the following provisions: leaves remaining any lot with width or area below the requirements in this ordinance. (1) No such structure may be enlarged or al- (Ord. No. 12-75, § 1, 9-11-75) tered in a way which increases its noncon- formity, but any structure or portion thereof may be altered to decrease its nonconfor- Sec. 45.63. Nonconforming uses of land. mity; Where, at the effective date of adoption or (2) Should such structure be destroyed. by any amendment of this ordinance, lawful use of land means to an extent of more than fifty (50) exists that is made no longer permissible under percent of its replacement cost at time of the terms of this ordinance as enacted or amended, destruction, as determined by the village and where such use involves no individual strut- engineer or village building official, it shall ture with a replacement cost exceeding one thou- not be reconstructed except in conformity sand dollars ($1,000.00), such use may be con- with the provisions of this ordinance; tinued, so long as it remains otherwise lawful, subject to the following provisions: (3) Should such structure be moved for any (1) No such nonconforming use shall be en- reason for any distance whatever, it shall thereafter conform to the regulations of the larged or increased, nor extended to occupy district in which it is located after it is a greater area of land than was occupied at moved. the effective date of adoption or amend- (Ord. No. 12-75, § 1, 9-11-75) ment of this ordinance; unless such use is changed to a use permitted in the district Sec. 45.65. Nonconforminguses of structures in which such use is located; or of structures and premises in (2) No such nonconforming use shall be moved combination. in whole or in part to any other portion of (1) If a lawful use involving individual struc- the lot or parcel occupied by such use at the tures with a replacement cost of one thousand dol- effective date of adoption or amendment of Lars ($1,000.00) or more, or of structure and pre- this ordinance; mises in combination, exists at the effective date (3) If any such nonconforming use of land of adoption or amendment of this ordinance, that ceases for any reason for a period of more "Would not be allowed in the district under the than ninety (90) consecutive days, any sub- terms of this ordinance, the lawful use may be sequent use of such land shall conform to continued so long as it remains otherwise lawful, the regulations specified by this ordinance subject to the following provisions: for the district in which such land is lo- (a) No existing structure devoted to a use not Gated; permitted by this ordinance in the district 2517. § 45.65 NORTH PALM BEACH .CODE fF" in which it is located shall be enlarged, ex- Sec. 46.66. repairs and maintenance. tended, constructed, reconstructed, moved (1) On any building devoted in whole or in part or structurally altered except in changing to any nonconforming use, work may be done in the use of the structure to a use permitted any period of twelve (12) consecutive months on in the district in which it is located; ordinary repairs, or on repair or replacement of (b) Any nonconforming use may be extended nonbearing walls, fixtures, wiring or plumbing, throughout any parts of a building which to an extent not exceeding ten (10) percent of the were manifestly arranged or designed for current replacement value of the building, pro- such use at the time of adoption or amend- vided that the cubic content of the building as it went of this ordinance, but no such use shall existed at the time of passage or amendment of be extended to occupy any land outside such this ordinance shall not be increased. building; (2) Nothing in this ordinance shall be deemed (c) Any structure, or structure and land in com- to prevent the strengthening or restoring to a safe bination, in or on which a nonconforming condition of any building or part thereof declared use is superseded by a permitted use, shall to be unsafe by any official charged with pro- tecting the public safety, upon order of such ofh- thereafter conform to the regulations for cial. the district in which such structure is Io- (Ord. No. 12-75, § 1, 9-11-75) Gated, and the nonconforming use may not thereafter be resumed; Sec. 45.67. ~'emporary uses. (d) When a nonconforming use of a structure, The casual, intermittent, temporary or illegal or structure and premises in combination, use of land or structures shall not be sufficient to is discontinued or abandoned for six (6) con- establish the existence of a nonconforming use. secutive months or for eighteen (18) months Such use shall not be validated by the adoption of ~ - - during any three-year period (except when this ordinance unless it complies with the terms government action impedes access to the of this ordinance. premises), the structure, or structure and (Ord. No. 12-75, § 1, 9-11-75) premises in combination, shall not there- after be used except in conformance with Sec. 46.68. l~,eserved. the regulations of the district in which it is (Ord. No. 12-75, § 1, 9-11-75) located; • (e) Where nonconforming use status applies to ' a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this sub- section is defined as damage to an extent of more than fifty (50) percent of the replace- ment cost at time of destruction. (2) Nonconformities not involving the use of a principal structure, e.g., open storage, building supplies, vehicle, mobile home, implement and ma- chinery storage, signs, billboards, junkyards, com- mercial animal yards and the like, shall be dis- continuedwithin two (2) years of the effective date of this ordinance or amendment. (Ord. No. 12-75, § 1, 9-11-75) ~ , l,' [The next page is 2619] 2518 ! STATUTORY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text of references to the state law or related matters. Section Section Section this Code Section this Code 1.01 27-31 App. B, Art. II, 1.01 et seq. 1-2 § 36-8 ch. 22F App. B, Art. II, App. B, Art. II, § 36-10 § 36-15 ch. 39 App. C, § 45-2 App. B, Art. 1V, Ch. 50 2-181 § 36-27 50.041 2-181 ch. 185 2-167 50.051 2-181 185.08 26-16 55.03 29-5(a) 202.195 29-8(m) ch. 98 Ch. 10 203.012 26-51, 29-3 ch. 101 10-7 29-5(b) 112.181 2-161(e)(8) 203.012(5)(b) 26-51 161.55(1)(d) 6-156 ch. 205 Ch. 17, Art. II 161.041 6-153 205.043(2), 161.053 6-154 205.043(3) 17-24, 17-25 162.12(2) 2-180 205.053 17-20 ch. 163 12.5-1 205.192 17-22 21-1 210.03 17-33 21-11 ch. 212 26-53 21-43, 21-44 ch. 252 Ch. 8 App. B, Art. I, 253.125 7-19 § 36-2, App. B, Art. 280.02 2-4 I, § 36-4 316.008 Ch. 18 App. B, Art. II, 316.272 19-117 § 36-16 316.293 19-117 App. B, Ai~t. VI 316.1955, 316.1956 18-37 163.01 2-4 320.01(1) 14-37 163.161 et seq. 21-O1 ch. 327 Ch. 5 ch. 163.170, App. B, Art. II, 335.065 App. B, Art. IV §163.3164(17) § 36-10 § 36-29.1 163.225(3)(a)-(c) 5-86 337.29 29-2 163.295 6-150 337.401 29-2, 29-3 163.3161 et seq. Ch. 21, Art. II 29-5(a), (e) 163.3177 21-44 29-6(a) 163.3178 6-155 337.401(3) 28-3 21-44 337.403, 337.404 29-7 ch. 166 6-16 342.03 Ch.5 Ch. 24 362.01 29-2 Ord. No. 2478 § 3 364.02 29-3 166.021 Ch. 17, Art. II ch. 373 19-200 166.221 17-34 ch. 380 21-44 166.231 Ch. 26, Art. III App. B, Art. II, ch. 170 21-2 § 36-10 170.01 Ch. 24 380.04 21-103 ch. 175 2-167 393 App. C, § 45-2 175.101 26-17 ch. 394 App. C, § 45-2 ch. 177 App. B, Art. I, ch. 400 App. C, § 45-2 § 36-2 ch. 401 11.5-21 Supp. No. 21 2819 NORTH PALM BEACH CODE Section Section this Code ch. 402 App. C, § 45-2 App. C, § 45-34.1 402.302(4), 402.302(5) 17-33 413:08 4-27(d) ch. 419 17-33 App• C, § 45-2 I 471.003 29-8(c)(1) I ch. 472 App. B, Art. I, § 36-6 ch. 480 App. C, § 45-2 553.73 6-154 11-11 553.73(2) 6-2 561.01 3-1 561.01 et seq. Ch. 3 563.01 3-1 564.01 3-1 565.01 3-1 628.901 29-12(d) 633.35 2-159 ch. 650 Ch. 2, Art. V, Div. 2 2-136 650.02 2-136 ch. 760 App. C, § 45-2 768.28 29-12(d) 775.082, 775.083 2-169(f7 ch. 847 App. C, § 45-20 870.041-870.048 8-16 872.05 2-104 943.14 2-159 943.25(13) 1-9 Supp. No. 21 2820 [The neat page is 2869] ~ i I CODE COMPARATIVE TABLE Adoption Section Ord. No. Date Section this Code 33-99 10-28-99 1 18-35(8) 04-2000 2-10-00 1, 2 2-172, 2-175 3 2-176(d) 4, 5 2-178, 2-181 05-2000 2-10-00 1 11-11 06-2000 2-24-00 1 Added 3-4 10-2000 4-13-00 1 5-82 2 5-85(12) 12-2000 4-27-00 1 6-113(B)(28) 13-2000 5-11-00 1 Added 2-158.1 15-2000 5-25-00 1 App. C, 45-32.1F. 20-2000 8-10-00 1, 2 2-161(e)(4), (8) 3 2-162(1) 4 2-169(fl 22-2000 8-24-00 1 6-115(C)(1)b. 24-2000 9-28-00 1 26-29 25-2000 9-28-00 1 26-51 26-2000 9-28-00 1 28-3(6) 27-2000 9-28-00 1 17-33 29-2000 9-28-00 1 14-30(2) 30-2000 10-12-00 1 App. D 32-2000 10-12-00 1 6-114(e)(3) 34-2000 11- 9-00 1, 2 19-99, 19-113 3-5 19-116-19-118 35-2000 11- 9-00 1 1-8(a) 36-2000 12-14-00 1 19-210(d) 01-2001 2- 8-Ol 1-16 28-3(6) Added 29-1-29-16 03-2001 2- 8-Ol 1 45-32A.7.a. 2 45-32G. 04-2001 2- 8-Ol 1 5-81 05-2001 3- 8-Ol 1 45-2 • [The next page is 2933] Supp. No. 21 2887 '.l 'i l CODE INDEX Section Section A ALARMS (ConfdJ False alarms ABANDONMENT Excessive false alarms declared public Abandoned, uioperative and junked prop- nuisance 19-212 erty 14-37 et seq. Service charge; collection 19-213 See: GARBAGE AND TRASH Fire division equipment; fire alarm system 12-53 Boats Identification required 19-215 Boat launching area; abandoned boats System standards 19-219 and equipment 5-36, 5-37 Telephone trunk lutes Generally 5-8 Interference with public safety depai-t- Dogs, other animals 4-10 went telephone trunk lines prohib- ACTS BY AGENTS ited 19-215 Definitions and rules of construction 1-2 Violation and penalty 19-214 ADMINISTRATIVE CODE ALCOHOLIC BEVERAGES Bonds required of certain officers 2-42 Consumption on playgrounds and public Definition 2-39 parks 3-3 Departmental organization 2-40 Nudity, partial nudity, sexual conduct; pro- Oaths of office hibited at alcoholic beverage estab- Chief administrator and officers, form of lishments 3-4 oath 2-41(b) Sales restricted; hours of sale............ 3-2 Members of department of public safety, State law definitions adopted 3-1 form of oath 2-41(c) Zoning Persons required to take oath of office . 2-41(a) Location of business for retail sales of Policy and procedures alcoholic beverages 45-20(2), Department heads 2-43(b) 45-36.N Departments 2-43(c) C-3 Regional Business District...... 45-34.1(9) Officers 2-43(a) AMBULANCES Definition 17-50 ADULT ENTERTAINMENT ESTABLISH- MENTS Unlawful operation 17-51 Zoning regulations re. See: ZONING (Ap- AMUSEMENTSANDAMUSEMENTPLACES pendix C) Coin-operated amusements; proximity to ADVERTISING schools restricted 19-4 Handbills; distribution restricted......... 19-7 AND, OR Noise control policy re loudspeakers and Definitions and rules of construction 1-2 devices fm• advertising 19-105 Signs and outdoor displays 6-111 et seq. ANIMALS AND FOWL See: SIGNS AND BILLBOARDS Abandonuig 4-10 Birds AFFIDAVITS Molesting songbirds 4-9 Home occupations; occupational licenses Village designated bird sanctuary; hunt- Affidavit of applicant required......... 17-2(e) ing prohibited 4-2 Cats. See herein: Dogs and Cats AFFIRMATION. See: OATH, AFFIRMATION, Code enforcement board, applicability re.. 2-173 SWEAR OR SWORN Contagious diseases, animals with 4-11 AGREEIVIENTS. See: CONTRACTS AND Cruelty to animals 4-7 AGREEMENTS Definitions 4-1 Dogs and cats ALARMS Collar and tag Alarm business central office required.... 19-215 Required 4-25 Alarm permit required 19-208 Unauthoi~zed removal 4-26 Application for 19-209 Impoundment Issuance 19-211 Disposition upon owner's failure to Terms; fees; nontransferable 19-210 redeem 4-30(d) Audible alarms.,. 19-216 Notice............................. 4-30(b) Code enforcement board, enforcement Redemption by owner 4-30(c) through 19-217 Required.......................... 4-30(a) Definitions 19-207 Inoculation 4-24 Exemptions 19-218 Prohibited in certaui areas; exceptions. 4-27 Supp. No. 19 2935 1 NORTH PALM BEACH CODE Section Section ANIMALS AND FOWL (Cont'dJ APPEARANCE PLAN (Appendix A) (Cont'dJ Rabies control. See herein that subject Public property VII(C) Registration 4-24 Site VII(A) Running at large Participation and incentives VI Cats 4-28(c) Statement of policy II Dogs on property of others.......... 4-28(b) Dogs on streets and sidewalks 4-28(a) ARCHAEOLOGICAL SITE PROTECTION Vicious, biting and attacking dogs 4-29 Appeals 21-107 Waste removal Applicability . 21-102 Persons walking dogs responsible for Archaeological review, development sub- removal of waste 4-31 jectto............................. 21-104 Waste-removal implements, persons Certificate to dig 21-105 walkin do to carr 4-32 Cast 21-106 g g y Defuiitions 21-103 Enforcement General enforcement 4-5 Hearing................................ 21-108 Hindering enforcement 4-4 hitent.................................. 21-101 Fight,causuig animals to 4-8 Purpose................................ 21-101 Keeping certain animals prohibited; excep- Violations and penalties 21-108 tion 4-6 ASSEMBLIES Killing 4-3 Civil disorders and disturbances; mayor Molesting songbirds or domestic pets 4-9 designated local authority for preser- Noise control policy re animal noises 19-107 vation of public peace 8-16 Nuisances, animals creating 4-12 Meetings of boards and commissions; ad- Poisoning 4-3 jourmnent of 2-3 Rabies control Meetings of specific boards, etc. See spe- Death or destruction, reporting........ 4-46 cific subjects Muzzles; when required 4-45 Park and recreation area; meetings and Rabid animals atherin s 20-22 et se g g q. Confinement 4-43 See: PARKS, PLAYGROUNDS AND Duty to report; impounding......... 4-44 RECREATION 1 Nuisance, declared 4-42 ATLANTIC OCEAN ANNEXATION Regulations governing construction of docks, Plamiing and development; filing fees and piers in Lake Worth and Atlantic cost for voluntary annexation of land 21-2 Ocean 5-85 ANTENNAE Zoning regulations 45-21 B APPEARANCE PLAN (Appendix A) BATHING (Note~ection citations contained herein Diseased persons prohibited from bathing refer to section citations found within in public pools, etc . 19-3 Appendix A) BICYCLES Administration V Park regulations........................ 20-6 Areas of jurisdiction III Subdivisions, required improvements re Basis I bikeways.......................... 36-29.1 Criteria for appearance Building and site to adjoining area, re- BILLBOARDS. See: SIGNS AND BILL- lationship of N(B) BOARDS Building design N(D) BIRDS. See: ANIMALS AND FOWL Buildings to site, relationship of....... N(A) Evaluation, factors for N(H) BLOCKS Landscape and site treatment......... N(C) Subdivision design standards 36-18 Maintenance-planning and design fac- BOARDS, COMMITTEES AND COMMIS- tors N(G) Miscellaneous structures and street hard- SIONS. See: DEPARTMENTS AND ware N(F) OTHER AGENCIES OF VILLAGE Signs N(E) BOATS, DOCKS AND WATERWAYS Definitions VIII Abandoned boats 5-8 Maintenance for good appearance Buildings and appurtenances......... , VII(B) Supp. No. 19 2936 CODE INDEX Section Section BUSINESS REGULATIONS (Confd.) CIVIL DISORDERS AND DISTURBANCES Fee exemptions 17-34.10 Mayor designated local authority for pres- Fee schedule 17-34.12 ervation of public peace 8-16 Half-year certificate 17-34.3 CLERK Issuance of certificate 17-34.3 Department of records, provisions re vil- Noncompliance of principal............ 17-34.8 lage clerk and deputy village clerk 2-67 et seq. Nonprofit enterprise, special permit for 17-34.5 See: DOCUMENTS AND PUBLIC Refund of fee 17-34.9 RECORDS Registration required 17-34.1 Renewal 17-34.4 CLUBS Suspension or revocation of certificate . 17-34.9 Country club 9-1 et seq. When due and payable 17-34.3 See: COUNTRY CLUB Garage and other sales 17-61 et seq. See: GARAGE AND OTHER SALES COASTAL CONSTRUCTION CODE 17-2(a) et se Coastal construction requirements Home occupations q' Location of construction............... 6-155(4) See: HOME OCCUPATIONS Occupational licenses 17-16 et seq. Major structures, structural require- See: LICENSES AND PERMIT ments for 6-155(1) Wellfield protection Minor structures, structural require- ments for 6-155(3) Regulation of business activities with Nonhabitable major structures, struc- potential to contaminate land and tural requirements for 6-155(2) water resources 19-221 Public access......................... 6-155(5) Zoning Definitions 6-154 Location of business for retail sales of Flood damage prevention q. 12.5-1 et se alcoholic beverages 45-20(2), 45- See: FLOOD DAMAGE PREVENTION 36.N Purpose 6-152 C-3 Regional Business District...... 45-34.1(9) References 6-156 Scope C Applicability 6-153(a) Exceptions 6-153(b) CABLE TELEVISION. See: TELEVISION Permits, application for 6-153(c) Title 6-151 CAMPING Recreational, boating and camping equip- CODE ENFORCEMENT BOARD went; parking on residential property Alarm regulations, enforcement re 19-217 restricted 18-35 APPlicability............................ 2-173 Declaration of legislative intent.......... 2-171 CANALS Definitions 2-172 Construction requirements 5-56 et seq. Enforcement procedure.................. 2-175 See: BOATS, DOCKS AND WATER- Fines; liens WAYS Appeals 2-180 Copies of orders imposing fines........ 2-178(d) CATS Determination of amount of fine....... 2-178(b) Regulations enumerated 4-24 et seq. Duration of lien 2-179 See: ANIMALS AND FOWL Generall 2-178(a) y CERTIFICATES Notices 2-181 Appearance code; certificate of appropriate- Reduction of fine 2-178(c) Hearing, conduct of 2-176 ness 6-56 et seq. Organization See: BUILDINGS Attorne 2-174(c) Boats, docks and waterways; unlawfully y' ' ' ' ' ' ' • anchored or moored vessels Officers; quorum; compensation 2-174(b) Unclaimed vessel to be sold; certifica- Qualifications and term 2-174(a) Powers 2-177 tion of sale 5-21 Businesses located outside village limits, CODE OF ORDINANCES* certificate of business regulations re. 17-34 et seq. See: BUSINESS REGULATIONS *Note-The adoption, amendment, repeal, omissions, effec- Emergency medical services 11.5-21 true date, explanation of numbering system and other matters Historic site overlay district; certificate of pertaining to the use, construction and interpretation of this appropriateness 45-37(H) Code are contained in the adopting ordinance and preface Supp. No. 21 2939 NORTH PALM BEACH CODE \ Section Section CODE OF ORDINANCES (Cont'd.) COUNTRY CLUB (Cont'dJ Altering Code 1-7 Finances Amendments 1-6 Delinquent accounts; penalties 9-32 Catehlines 1-3 Premises Court cost Disfiguration and/or removal of building Assessment of additional court costs for or other property 9-1(1) criminal justice education expendi- Enforcement 9-2 tures 1-9 Hours 9-1(2) Definitions and rules of construction 1-2 Signs 9-2 Designated and cited 1-1 Violations and penalties 9-2 References to chapters or sections........ 1-3 Repeal of ordinances, effect o£ 1-4 COUNTY Severability of parts 1-5 Definitions and rules of construction 1-2 Village clerk, duties re recording ordi- COURTS nances 2-67(3) Violations and enalt 1-8 Court cost p y Assessment of additional court costs for COIN-OPERATED AMUSEMENTS criminal justice education expendi- i Proximity to schools restricted........... 19-4 tunes 1-9 COMBAT AUTO THEFT (CAT) Establishment, regulations 18-19 D COMMITTEES, COMMISSIONS. See: DE- DECALS PARTMENTSAND OTHERAGENCIES Combat Auto Theft (CAT) . 18-19 OF VILLAGE DEPARTMENTS AND OTHER AGENCIES COMMUNICATIONS OF VILLAGE Telecommunications Administrative code 2-39 et seq. Generally 29-1 et seq. See: ADMINISTRATIVE CODE See: TELECOMMUNICATIONS Appearance board. See: APPEARANCE Service tax 26-51 et seq. PLAN (Appendix A) See: TAXATION Code enforcement board 2-171 et seq. COMPUTATION OF TIME Committees and boards generally; resi- Definitions and rules of construction 1-2 dency requirements 2-1 Country club advisory board 9-16 et seq. CONCURRENCY MANAGEMENT See: COUNTRY CLUB Provisions enumerated 21-41 et seq. Finance, department of.................. 2-59 See: PLANNINGAND DEVELOPMENT See: FINANCES Fire and police retirement board of trust- CONTRACTS AND AGREEMENTS ees 2-164 et seq. Finance director, duties re contracts...... 2-59(3), (7) See: PENSIONS AND RETIREMENT COUNCIL. See: VILLAGE COUNCIL Fire division 12-29 et seq. See: FIRE PREVENTION AND PRO- COUNTRY CLUB TECTION Advisory board General employees retirement board 2-151 et seq. Compensation 9-19 See: PENSIONS AND RETIREMENT Composition 9-17(a) Library board , 16-16 et seq. Created 9-16 Library, department of 2-93 Duties Meetings of boards and commissions; ad- Administrator 9-21(b) journment of 2-3 Budget 9-21(d) Meetings of specific boards, etc. See spe- Management and administration.... 9-21(a) cific subjects Village employees 9-21(c) Planning and development board of adjust- Meetings 9-20 went.............................. 21-21 Officers'quorum 9-19 Planning commission.................... 21-11, 21-12 Removal 9-18 Public safety, department of 2-75, 2-76 Terms 9-17(b) See: PUBLIC SAFETY DEPARTMENT Vacancies 9-17(c) Public services, department of 2-84, 2-85 See: PUBLIC SERVICES DEPART- which are to be found in the preliminary pages of this volume. MENT -- Supp. No. 21 2940 CODE INDEX Section Section DEPARTMENTS AND OTHER AGENCIES OF VILLAGE (Cont'dJ Records, department of 2-67 et seq. See: DOCUMENT AND PUBLIC RECORDS Supp. No. 21 2940.1 1 CODE INDEX Section Section DEPARTMENTS AND OTHER AGENCIES DRAINAGE (Cont'dJ OF VILLAGE (Cont'd.) Subdivision design standards re easements Recreation department.... 2-110 and rights-of-way................... 36-22(b) Recreation advisory board 20-61 et seq. Zoning; surface water management See: PARKS, PLAYGROUNDS AND C-3 Regional Business District 45-34.1(8) RECREATION Reserve police force 23-42 et seq. DROUGHT See: POLICE Water shortage emergencies 19-200 et seq. Treasury department of 2-51 See: WATER SHORTAGE EMERGEN- See: TREASURY DEPARTMENT LIES Village council 2-16 et seq. DEVELOPMENTS. See: PLANNINGAND DE- E VELOPMENT DISABLED AND HANDICAPPED PERSONS ELECTIONS Ballots Applicability of dog prohibitions to guide Direction for preparation 10-8 and service dogs 4-27(d) public measure........................ 10-10 Buildings Specifications; general and runoff elec- Accessibility to handicapped persons; bons 10-9 state law adopted 6-2 Candidacy Parking violations re handicap spaces 18-37 Candidates for office• ual' 4 ifYing 10-5 DISTRICTS Preservation of notice of candidacy 10-6 Fire districts 6-3 Clerks. See herein: Inspectors and Clerk Zoning regulations 45-16 et seq. General elections, notice of 10-3 See: ZONING (Appendix C) Inspectors and clerk Appointment 10-58 DISTURBANCES. See: CIVIL DISORDERS Compensation 10-61 AND DISTURBANCES Filling vacancy 10-60 DOCKS. See: BOATS, DOCKS AND WATER- Good order, duty to maintain and report WAYS violations 10-62 Instruction prior to election 10-64 DOCUMENTS AND PUBLIC RECORDS Oath required 10-59 Department of records Organization 10-63 Deputy village clerk Palling place Appointment 2-68 Designated........................... 10-76 Duties 2-69 Policeman to be present................ 10-77 Village clerk; duties Protest of election returns; inspection by Election records, keeping........... 2-67(5) canvassing board 10-12 Expiration of term,. notice of 2-67(7) Special elections Official seal, kee in 2-67(8) Notice of 10-4 p' g.......... Record ordinances 2-67(3) When held........................... 10-2 Village council State laws Keep records of council 2-67(2) Applicable state laws adopted 10-1 Public council action 2-67(4) Voting machines may be used; state law Serve as clerk of council 2-67{1) applicable 10-7 Vital statistics, keeping 2-67(6) Village clerk, duties re keeping election Police division, duties re records......... 2-76(b)(1) records 2-67(5) Treasurer's duties re examination of depart- Village council to constitute canvassing mental books 2-51(2) board 10-11 Village clerk and deputy village clerk. See. Voting machines may be used; state law herein: Department of Records applicable . 10-7 DOGS ELECTRICAL CODE Regulations enumerated 4-24 et seq. Amendments, corrections, additions • 11-12 See: ANIMALS AND FOWL Code and county amendments adopted 11-11 Code enforcement board, applicability re.. 2-173 DRAINAGE Stormwater management 21-61 et seq. ELECTRICITY See: STORMWATER MANAGEMENT Swimming pools; electrical equipment.... 25-8 Supp. No. 17 2941 i i 4 NORTH PALM BEACH CODE Section Section ELECTRONIC AUDIO EQUIPMENT FINANCES (Cont'd.) Noise control 19-104 Court cost Assessment of additional court costs for EMERGENCIES criminal justice education expendi- Ambulances 17-50, 17-51 Lures 1-9 Civil disorders and disturbances- Department of fmance Mayor designated local authority for pres- Finance director; duties ervation of public peace..... , 8-16 Audit accounts 2-59(1) Emergency medical services Budget duties 2-59(4) Fees Certify contracts 2-59(3) Billing and collection 11.5-23 Custodian of bonds, contracts, etc... 2-59(7) Establishment 11.5-22 Financial statements............... 2-59(5) Generally . 11.5-21 Keep accounts..................... 2-59(6) Fire division..........._ 12-29 et seq. Prescribe form..................... 2-59(2) See: FIRE PREVENTION AND PRO- Investments TECTION Allowable investment activity for village Water shortage emergencies 19-200 et seq. funds • • • • • • • • • • 2-4 See: WATER SHORTAGE EMERGEN- Pensions and retirement. See also that LIES subject Length of service award plan for volun- EMPLOYEES. See: OFFICERS AND EM- teer firefighters 2-I70 et seq. PLOYEES Pension and certain other benefits for fire and police employees 2-159 et seq. ENCLOSURES. See: FENCES, WALLS, Pension and certain other benefits for HEDGES AND ENCLOSURES general employees 2-146 et seq. Planning and development; filing fees and ENERGY EFFICIENCY BUILDING CODE cost for changes.................... 21-1, 21-2 Adopted by reference 6-150 Social security.......................... 2-136 et seq. See: SOCIAL SECURITY ENGINE EXHAUST Taxation. See that subject Noise control policy 19-108 Treasury, department of................. 2-51 EROSION CONTROL STRUCTURES See: TREASURY DEPARTMENT Village manager 2-118 Construction regulations 5-93 et seq. See: BOATS, DOCKS AND WATER- FINES, FORFEITURES AND OTHER PEN- WAYS ALTIES Code enforcement board; fines and liens 2-178 EXCAVATIONS Code of ordinances, provisions re general Bulkhead lines 7-1 et seq. penalty and continuing violations 1-8 See: BULKHEAD LINES Parking violation 18-37, 18-38 Stormwater management 21-61 et seq. Pension and certain other benefits for fire See: STORMWATER MANAGEMENT and police employees Street excavations 24-16 et seq. Boazd of trustees for; forfeiture of mem- See: STREETS, SIDEWALKSAND PUB- bership on board for absenteeism. 2-164(b) LIC PLACES Contributions; forfeitures 2-163(d) EXCRETA FIRE DISTRICT Dog waste, removal provisions re 4-31, 4-32 Property within village designated 6-3 FIRE PREVENTION AND PROTECTION F Code enforcement board, applicability re.. 2-173 Department of public safety, provisions re FENCES, WALLS, HEDGES .AND ENCLO- fire division 2-76(c) SURES See: PUBLIC SAFETY DEPARTMENT Landscaping 27-31 et seq. Fire division See: LANDSCAPING Composition 12.30 Swimming pool requirements _ 25-37, 25-38 Created; functions 12-29 Emergency medical technician volun- FINANCES teers 12-32 Budget procedures 2-2 Equipment Country club, provisions re 9-21(d), 9-32 Acquisition 12-52 Supp. No. 17 2942 CODE INDEX Section Section IMPOUNDMENT (Cont'dJ LANDSCAPING (Cont'dJ Boats, docks and wateitivays; unlawfully Appearance plan (Appendix A). See that anchored or moored vessels subject Department of public safety to im- Application of provisions; enforcement.... 27-33 pound 5-18 Certain yard areas, off-street parkuig and Owner to be notified upon impound- other vehicular use areas ment 5-19, 5-20 Existing plant material............... 27-67 Dogs and cats 4-30 Installation 27-60 1Vlaintenance 27-61 INDECENCY AND OBSCENITY parking area interior landscaping 27-65 Adult entertainment establishments Zoning regulations re. See: ZONING (Ap- Perimeter landscaping relating to abut- pendix C) ting properties 27-64 Plant material Alcoholic beverage establishments; nudity, Ground covers 27-62(e) partial nudity, sexual conduct prohib- Lawn grass............ 27-62(f) ited 3-4 ualit 27-62(a) Topless costumes 19-64 Q Y Shrubs and hedges 27-62(c) Vulgar language 19-65 Tree species....................... 27-62(b) Window peepuig 19-66 Vizies 27-62(d) INSURANCE EXCISE TAXES Required landscaping adjacent to public Casualty uisurance premiums 26-16 rights-of-way 27-63 Property insurance premiums............ 26-17 Scope, applicability 27-59 Sight distance adjacent to public i~ghts- INTRACOASTAL WATERWAY of-way and points of access....... 27-66 Marine sanctuary, designation as 5-101 Certificate of completion 27-35 INVESTMENTS Code enforcement board, applicability re.. 2-173 Allowable investment activity for village Completed landscaping required fm• cei~tif- funds 2-4 icate of use and occupancy.......... 27-37 Definitions 27-31 Improved nonresidential properties in ex- `7 istence on September 23, 1971 JOINT AUTHORITY Applicable requirements 27-40(b) Definitions and rules of construction 1-2 Exceptions 27-40(c) Objectives 27-40(a) JUNK planning conmussimi, submission of plans Abandoned, inoperative and junked prop- to 27-40(d) erty 14-37 et seq. Objectives.............................. 27-32 See: GARBAGE AND TRASH Off=street parking landscape manual 27-38 Plot use plan approval prerequisite to issu- g ante of permits for building and pav- ing 27-37 KNIVES. See: FIREARMS AND WEAPONS Refuse container areas 27-41 Scope; applicability 27-34 L Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH LAKE WORTH Zoning ordinance, conflict with........... 27-39 Marcie sanctuary, designation as 5-101 Regulations governing construction of docks, LIBRARY piers in Lake Worth and Atlantic Damaging property unlawful 16-1 Ocean 5-85 Department of library LAND Librarian 2-93 Buildings; construction on public land pro- Library board hibited 6-1 APPointinent......................... 16-17 Planning and development 21-01 et seq. Compensation, service without 16-20 See: PLANNINGAND DEVELOPMENT Composition 16-17 Subdivision regulations 36-1 et seq. Established 16-16 See: SUBDIVISIONS (Appendix B) Meetings 16-23 Organization 16-21 LANDSCAPING Powers and duties 16-22 Accessways 27-36 Qualifications........................ 16-19 Supp. No. 19 2945 I NORTH PALM BEACH CODE Section Section LIBRARY (Cont'd.) LICENSES AND PERMITS (Cont'd.) Removal fiom office 16-24 Transfer of license Term of office 16-17 New location 17-25 Vacancies 16-18 New owner........................ 17-24 Variable factors within applicant's knowl- LICENSES AND PERMITS edge, declaration where fee de- Alarm permit 19-208 et seq. pends on........................ 17-23 See: ALARMS When due and payable 17-19 Boat launching area permits 5-34 Park and recreation facilities; meeting and Boats, docks and waterways gathering permits 20-31 et seq. Limitation on anchoring and mooring in See: PARKS, PLAYGROUNDS AND prohibited area; mooring permit RECREATION required 5-17 Public services department, division of per- Bulkhead lines; filling permit............ 7-16 et seq. wits and inspections 2-85(1) See: BULKHEAD LINES Seawalls. See herein: Bulkheads and Sea- Bulkheads and seawalls 5-72 walls Code enforcement board, applicability re.. 2-173 Sidewalk and driveway permits 24-55 et seq. Driveways. See herein: Sidewalk and Drive- See: STREETS, SIDEWALKS AND PUB- way Permits LIC PLACES Emergency medical services 11.5-21 Street excavation permits 24-28, 24-29 Flood damage prevention development per- Swimmuig pool construction permit 25-23, 25-24 Treasure's duties re permits and licenses . 2-51(11) mit 12.5-22 Garage, related sales 17-62 Utilities Home occupations. See also that subject Use ofrights-of--way for utilities; written permit 28-2, 28-3 Generally 17-16 et seq. Occupational license for home occu- LOTS patrons 17-2(c) et seq. Subdivision design standards............ 36-18 Noise control; special permits excepted 19-119 Zoning regulations 45-1 et seq. \ Occupational licenses See: ZONING (Appendix C) 1 Application for 17-18 Commercial vehicles, marking of 17-33.1 LOUDSPEAKERS Compliance by principal deemed compli- Noise control policy re loudspeakers and ante by agent 17-29 devices for advertising 19-105 Delinquency penalty 17-20 Doing business not covered by license.. 17-28 M Duplicate licenses 17-27 Duration 17-19 MANAGER. See: VILLAGE MANAGER False statements Engaging in business without license MANGROVE STANDS or under license .issued on 17-32 Flood damage prevention provisions...... 12.5-45 License obtained by void ab initio 17-28 MAPS. See: SURVEYS, MAPS AND PLATS Half-year license 17-19 Home occupations. See also that subject MARINE SANCTUARIES Generally 17-16 et seq. Designated 5-101 Occupational license for home oc- cupations 17-2(c) et seq. SHALL Issuance...._ 17-19 Definitions and rules of construction 1-2 Noncompliance of principal............ 17-29 MAYOR Nonprofit enterprise, special permit for 17-22 Civil dism•ders and disturbances; mayor Posted or cai~•ied, license to be 17-26 designated local authoizty for preser- Refimd of fee 17-30 Registration required 17-17 vation of public peace.............. 8-16 Renewal Village council; presiding officer at meet- 17-20 Required; basis of one year............ 17-16 mgs 2-18 1 Specified professions, how tax construed MEASURES. See: WEIGHTS AND MEA- as to 17-21 SURES Suspension or revocation 17-30 ' Tax exemptions 17-31 MECHANICAL CODE Tax schedule 17-33 Standard code adopted.................. 6-17 • Supp. No. 19 2946 CODE INDEX Section Section MEDICAL SERVICES Emergency medical services 11.5-21 et seq. See: EMERGENCIES MEETINGS. See: ASSEMBLIES MISSILES, STONES, ETC. Throwing missiles 19-83 Supp. No. 19 2946.1 l