Ord 40-06
("
ORDINANCE NO. 40-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
SECTION 37.39, "CONFLICT OF INTEREST; HEARING
PROCEDURES", PROVIDING FOR SUMMARY
ADJUDICATION OF VIOLATIONS IF THE ALLEGED
VIOLATOR FAILS TO ATTEND THE CODE
ENFORCEMENT HEARING AND PROVIDING A
METHOD FOR SETTLEMENT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to
protect the public health, safety and welfare of its citizens by enacting ordinances and regulations;
and
WHEREAS, the City Commission has determined it to be in the public's best interest to
regulate code violations as expeditiously as possible; and
WHEREAS, the City Commission has determined that code violations should be addressed
via summary adjudication when the alleged violator fails to show up at the code board hearing after
receiving proper notice in order to expedite the code enforcement process and inspire property
owners to correct the violations on their property more quickly.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 37.39, "Conflict of Interest; Hearing Procedures", of the Code
of Ordinances of the City of Delray Beach, Florida, shall be and the same is hereby amended as
follows:
Sec. 37.39. CONFLICT OF INTEREST; HEARING PROCEDURES.
(A) No code Enforcement Board member shall act in any case in which that
member has a conflict of interest.
(B) As required by F.S. Section 162.07(1), all hearings and proceedings of the
Board shall be open to the public, and any person whose interests may be affected by the
matter before the Board shall be given an opportunity to be heard. Minutes of all Board
hearings shall be kept by the Board Clerk. As required by F.S. Section 162.07(2), each case
before the Board shall be presented by the City Attorney or by a member of the
('
administrative staff of the City. As required by F.S. Section 162.07(3), the enforcement
board shall take testimony from the Code Enforcement Officer and the alleged violator.
(1) If the alleged violator fails to attend the Code Enforcement Board
hearing after proper notice has been given then the Code
Enforcement Board may proceed against the alleged violator by
moving for summaJ;y adjudication.
a. All motions for sumIDaJ;y adjudication must be supported by
affidavits from the Code Enforcement Officer attesting to
the existence of a violation and demonstrating proper notice
to the alleged violator.
(C) Hearings shall be informal and need not be conducted according to technical
rules relating to evidence and witnesses. They shall, however, be conducted in accordance
with accepted parliamentary procedures relative to motions, votes, and decisions.
Fundamental due process shall be observed and shall govern all hearings.
(0) All relevant evidence shall be admitted if, in the opinion of the Board, it is
the type of evidence upon which reasonable and responsible persons would normally rely in
the conduct of business affairs, regardless of the existence of any common law or statutory
rule which might make the evidence inadmissible over objections in civil actions. The
Chairperson of the Board may exclude irrelevant or unduly repetitious evidence.
(E) Hearsay evidence may be accepted for the purpose of supplementing or
explaining any direct evidence, but this hearsay evidence shall not in and of itself be
considered sufficient to support a finding or decision unless the evidence would be
admissible over objections in a civil action.
(F) Each party to the hearing shall have the right to:
(1) Call and examine witnesses;
(2) Introduce exhibits;
(3) Cross examine opposing witnesses;
(4) Impeach witnesses;
(5) Rebut evidence.
(G) The alleged violator has the right to be represented by an attorney at the
formal hearing.
2
ORD NO. 40-06
("
(H) As required by F.S. Section 162.07(3), all testimony before the Board shall be
under oath and shall be recorded. The alleged violator or the City may cause the
proceedings to be recorded by a certified court reporter or other certified recording
instrument.
(I) The Board shall have the power in accordance with F.S. Section 162.08, to:
(1) Adopt rules for the conduct of its hearings not otherwise in conflict
with this Chapter or F.S. Section 162.01 et seq.;
(2) Subpoena alleged violators and witnesses to its hearings. Subpoenas
may be served by the Police Department;
(3) Subpoena evidence to its hearings;
(4) Take testimony under oath;
(5) Issue orders having the force of law to command whatever steps are
necessary to bring a violation into compliance.
CD If the City prevails in prosecuting a case before the Code Enforcement
Board, it shall be entided to recover all costs incurred in prosecuting the case before the
Board.
(K) The alleged violator may seIDe their case by entering into a stipulated
a.gteement with the City.
Section 2. That should any section or proVlslon of this ordinance or any portion
thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
hereof other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4.
final reading.
That this ordinance shall become effective upon its passage on second and
3
ORD NO. 40-06
(
ll:.~ PASSED A~~ regular sessioo 00 secood and final reading 00 this the
v~ day of , 2006.
ATTEST:
~\)d~'~~
City Clerk
FirstReading \ \z.5\O~
Secood Reading ~5\ Cllc
~!;~
4
ORD NO. 40-06
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER r;trt{
AGENDA ITEM # \0. c.,. - REGULAR MEETING OF AUGUST 15.2006
ORDINANCE NO. 40-06
SUBJECT:
DATE:
AUGUST 11,2006
This ordinance is before Commission for second reading and public hearing to amend Section 37.39,
"Conflict of Interest; Hearing Procedures", which provides for summary adjudication of violations if
the alleged violator fails to attend the Code Enforcement Hearing.
At the first reading on July 25, 2006, the Commission passed Ordinance No. 40-06.
Recommend approval of Ordinance No. 40-06 on second and final reading.
S:\City Clerk\agenda memos\Ord 40-06 Amend 37.39 Code 081506
[IT' DF DELRAY IEA[H
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CITY ATTORNEY'S OFFICE
~{)O NW ! st AVEr\l T >)!l r~.\ Y BEACH. FLORIDA 33444
!1.I.EI'HONE 'ih I ",! . I.\CSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
F l 0 Ii: I D ^
D.8I:III
All-America City
, 1111: ~;TE:
1993
2001
MEMORANDUM
July 11, 2006
City Commission
David T. Harden, City Manager
ryeb
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Ordinance 40-06
Attached is an ordinance amending Section 37.39, "Conflict of Interest; Hearing
Procedures" which provides for summary adjudication of violations if the alleged
violator fails to attend the code enforcement hearing.
Please place this ordinance on the City Commission agenda for Tuesday, July 25,
2006.
Thank you.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
);LA
ORDINANCE NO. 40-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 37.39,
"CONFLICT OF INTEREST; HEARING PROCEDURES",
PROVIDING FOR SUMMARY ADJUDICATION OF VIOLATIONS IF
THE ALLEGED VIOLATOR FAILS TO ATTEND THE CODE
ENFORCEMENT HEARING AND PROVIDING A METHOD FOR
SETTLEMENT; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect
the public health, safety and welfare of its citizens by enacting ordinances and regulations; and
WHEREAS, the City Commission has determined it to be in the public's best interest to regulate
code violations as expeditiously as possible; and
WHEREAS, the City Commission has determined that code violations should be addressed via
summary adjudication when the alleged violator fails to show up at the code board hearing after receiving
proper notice in order to expedite the code enforcement process and inspire property owners to correct the
violations on their property more quickly.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 37.39, "Conflict df Interest; Hearing Procedures", of the Code of
Ordinances ofthe City of Delray Beach, Florida, be and the same is hereby amended as follows:
Sec. 37.39. CONFLICT OF INTEREST; HEARING PROCEDURES.
(A) No code Enforcement Board member shall act in any case in which that member has
a conflict of interest.
(B) As required by F.S. Section 162.07(1), all hearings and proceedings of the Board
shall be open to the public, and any person whose interests may be affected by the matter before the
Board shall be given an opportunity to be heard. Minutes of all Board hearings shall be kept by the
Board Clerk. As required by F.S. Section 162.07(2), each case before the Board shall be presented
by the City Attorney or by a member of the administrative staff of the City. As required by F.S.
Section 162.07(3), the enforcement board shall take testimony from the Code Enforcement Officer
and the alleged violator.
(1 ) If the alleged violator fails to attend the Code Enforcement Board hearing
after proper notice has been given then the Code Enforcement Board may
proceed against the alleged violator bv moving for summary adiudication.
a. All motions for summary adiudication must be supported by affidavits
from the Code Enforcement Officer attesting to the existence of a
violation and demonstrating proper notice to the alleged violator.
(C) Hearings shall be informal and need not be conducted according to technical rules
relating to evidence and witnesses. They shall, however, be conducted in accordance with accepted
parliamentary procedures relative to motions, votes, and decisions. Fundamental due process shall
be observed and shall govern all hearings.
(D) All relevant evidence shall be admitted if, in the opinion of the Board, it is the type
of evidence upon which reasonable and responsible persons would normally rely in the conduct of
business affairs, regardless of the existence of any common law or statutory rule which might make
the evidence inadmissible over objections in civil actions. The Chairperson of the Board may
exclude irrelevant or unduly repetitious evidence.
(E) Hearsay evidence may be accepted for the purpose of supplementing or explaining
any direct evidence, but this hearsay evidence shall not in and of itself be considered sufficient to
support a finding or decision unless the evidence would be admissible over objections in a civil
action.
(F) Each party to the hearing shall have the right to:
(1) Call and examine witnesses;
(2) Introduce exhibits;
(3) Cross examine opposing witnesses;
(4) Impeach witnesses;
(5) Rebut evidence.
(G)
hearing.
The alleged violator has the right to be represented by an attorney at the formal
(H) As required by F.S. Section 162.07(3), all testimony before the Board shall be under
oath and shall be recorded. The alleged violator or the City may cause the proceedings to be
recorded by a certified court reporter or other certified recording instrument.
(I) The Board shall have the power in accordance with F.S. Section 162.08, to:
2
ORD NO. 40-06
(1) Adopt rules for the conduct of its hearings not otherwise in conflict with this
Chapter or F.S. Section 162.01 et seq.;
(2) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be
served by the Police Department;
(3) Subpoena evidence to its hearings;
(4) Take testimony under oath;
(5) Issue orders having the force of law to command whatever steps are
necessary to bring a violation into compliance.
(J) If the City prevails in prosecuting a case before the Code Enforcement Board, it shall
be entitled to recover all costs incurred in prosecuting the case before the Board.
(K) The alleged violator may settle their case bv entering into a stipulated agreement
with the City.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part
declared invalid.
Section 3.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
Section 4.
reading.
That this ordinance shall become effective upon its passage on second and final
PASSED AND ADOPTED in regular session on second and final reading on this the
,2006.
day
of
ATTEST:
City Clerk
MAYOR
First Reading
Second Reading
3
ORD NO. 40-06
CC f LtlJle{d~(W)
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www.bocanews.com . Boca Raton/Delray Beach News - Friday/Saturday, August 4-5. 2006 29
100
ANNOUNCEMENTS
101 Legal.'\otices
CITY OF DELRAY BEACH,FLORIDA
NOTICE OF PUBLIC HEARING
A PUBlIC HEARING will be held on
the following proposed ordinances at
7:00 p.m. on TUESDAY. AUGUST 15,
2006 or at any con1inuation 01 such
meeting which is set by the
Commission). in the City Commission
Chambers, 100 N.W. 151 A...ue. Del-
ray Beach. Florkfa, at which time the
City Commission will consider their
adoption. The proposed ordinances
may be inspected at the Office of the
Cfty Clerk at City Hall. 100 N. W. 151
Avenue, Detray Beach, Florida, be-
tween the hours at 8:00 a.m. and 5:00
p.m., Monday through Friday, except
holidays. All interested parties are in- .
vited 10 attend and be heard with re-
spect to the proposed ordinances.
ORDINANCe NO, 4CHl6
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING SEC-
TION 37.39, "CONFLICT OF INTER-
EST; HEARING PROCEDURES".
PROVIDING FOR SUMMARY ADJU-
DICATION OF VIOLATIONS IF THE
ALLEGED VIOLATOR FAILS TO AT-
TEND THE CODE ENFORCEMENT
HEARING AND PROVIDING A METH-
OD FOR SETILEMENT; PROVIDING
A GENERAL REPEALER ClAUSE. A
SAVING CLAUSE AND AN EFFEC-
TIVE DATE,
ORDINANCE NO. 41-06
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, .AMENDING
CHAPTER 32, "DEPARTMENTS.
BOARDS AND COMMISSIONS", OF
THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH BY
AMENDING SECTION 32.41.
"COMPOSITION; TERMS, APPOINT-
MENT', TO CLARIFY THE COMPO-
SITION OF MEMBERS ON THE KIDS
AND COPS COMMITTEE; PROVID-
ING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE. AND
AN EFFECTIVE DATE
Please be advised that il a person de.
cides to appeal any decision made by
the Gity Commission with respect to
any mailer considered at these hear-
ings. soch person may need 10 ensure
that a verbatim record iiH:ludes the
leslimony and evidence upon which
the appeal is 10 be based. The City
does nOI provide nor prepare such
record, Pursuant to FS. 2860105
CITY Of DELnAY BEACH
Chevelle D. Nubin
City Clerk
PUBliSH: Friday. Au9"5I4, 2006
Boca Ratorutlelray Beach News