R2018-75 Suspension of Enforcement of Code Sections 18-35 & 18-35.1 Governing Boats & Recreational VehiclesRESOLUTION 2018-75
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, SUSPENDING THE ENFORCEMENT OF
SECTIONS 18-35 AND 18-35.1 OF THE VILLAGE CODE OF ORDINANCES
GOVERNING THE PARKING OF BOATS AND BOAT TRAILERS AND
RECREATIONAL VEHICLES AND TRAILERS ON RESIDENTIAL PROPERTIES
WITHIN THE VILLAGE; PROVIDING FOR A DURATION; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, based on concerns raised by Village residents regarding the enforcement of the
revised restrictions applicable to the parking of boats and boat trailers and recreational vehicles and
trailers on residential properties within the R-1 and R-2 zoning districts, the Village Council wishes
to temporarily suspend enforcement of Sections 18-35 and 18-35.1 of the Village Code of Ordinances;
WHEREAS, pursuant to Article VIII, Section 2(b) of the Florida Constitution and Section 166.021,
Florida Statutes, the Village Council possesses the authority to execute its home rule authority
for municipal purposes, except when otherwise prohibited by law; and
WHEREAS, the temporary suspension of the enforcement of existing parking regulations neither
deprives property owners within the Village the right to improve or develop property nor
substantially interferes with the use of such property and is therefore not a traditional zoning
moratorium that must be adopted in the same manner as a rezoning ordinance; and
WHEREAS, the Village Council determines that the temporary suspension of the enforcement of
Sections 18-35 and 18-35.1 of the Village Code of Ordinances is in the best interests of the
health, safety and welfare of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified and confirmed as being true and correct and are
hereby made a specific part of this Resolution.
Section 2. The Village Council hereby temporarily suspends the enforcement of Sections 18-35
and 18-35.1 of the Village Code of Ordinances for a period of six (6) months from the effective
date of this Resolution ("suspension period"). Notwithstanding the foregoing, the restrictions
allowing the temporary parking of boats and boat trailers and recreational vehicles and trailers on
site from the front building line to the paved street or alleyway for a period of time not to exceed
seventy-two (72) hours in any thirty (30) period unless otherwise prohibited shall continue to be
enforced. During the suspension period:
(a) Village Administration shall not initiate any new code compliance actions for violations
of Sections 18-35 and 18-35.1 of the Village Code (with the exception of the temporary
parking limitations set forth in Section 18-35(3) and Section 18-35.1(3));
(b) Pending cases where the Village has issued a Notice of Violation and/or Notice of Hearing
or where the Special Magistrate has already determined that a violation of either section
exists on residential property within the Village shall be held in abeyance (with no fines
accruing and compliance deadlines suspended) and reevaluated upon the expiration of the
suspension period; and
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(c) Village Staff shall work with Village residents and stakeholders and reevaluate Sections
18-35 and 18-35.1 of the Village Code and recommend to the Village Council revisions,
if any, to the restrictions set forth therein.
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At the request of Village Staff, the Village Council may, by motion, extend the suspension period
for one additional three (3) month period without the need to amend this Resolution.
Section 3. If any section, paragraph, sentence, clause, phrase or word of this Resolution is
for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or
void, such holding shall not affect the remainder of this Resolution.
Section 4. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 27TH DAY OF SE"� "" "' "
(Village Seal)
ATTEST:
VILLAGE CLERK
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