Chapter
2
ADMINISTRATION
[1]
Art. I. In General, §§
2-1 – 2-15
Art. II.
Art. III. Federal Old-Age
and Survivors Insurance, §§ 2-34 – 2-51
Art. IV. Zoning Board, §§
2-52 – 2-59
Art. V. Purchasing, §§
2-60 – 2-61
ARTICLE
I. IN GENERAL
Sec.
2-1. Fiscal year.
The
fiscal year for the town shall run from October first of each year to September
thirtieth of each succeeding year. (Ord. No. 89, §
2, 08-06-1973)
Charter reference
– Fiscal year, Art. V, § 2.
Sec.
2-2. Local planning agency.
Pursuant
to the provisions of section 163.3174(2) of the Florida Statutes, the duly
elected commissioners of the Town Commission of the Town Commission of the Town
of Hillsboro Beach, Florida, shall serve as the “Local Planning Agency” of the
Town of Hillsboro Beach, Florida, in accordance with the procedures provided
therein. (Ord. No. 99, § 1, 12-06-1976)
Note – Ord. No. 99,
§ 1, 12-06-1976, was not amendatory of the Code; therefore, codification herein
as § 2-2 was at the original editor's discretion.
Secs. 2-3 – 2-15. Reserved.
ARTICLE II.
Sec. 2-16. Declaration of intent to
participate.
It
is hereby declared to be the policy and purpose of the town to extend,
effective April 1, 1971, to the employees and officials thereof, not excluded
by law or excepted herein, the benefits of the Florida retirement system as
authorized by Chapter 70-112, Laws of Florida, and amendments thereto, to cover
by such plan all services which constitute employment as defined in Section 2
of Chapter 70-112, Laws of Florida, performed in the employ of the town by
employees and officials thereof. (Ord. No. 82, §
1, 04-05-1971)
Sec. 2-17. Excluded employees.
There
is hereby excluded from this article any authority to include in any agreement
entered into under this article any service, position, employee, or official
now covered by or eligible to be covered by an existing retirement system
sponsored by the town except social security only after holding a referendum,
in which all employees and officials in the affected units have the right to
participate.
Only those
employees and officials electing coverage under the
Sec. 2-18. Power of mayor to execute
agreements.
The
mayor (or other chief executive officer) is hereby authorized and directed to
execute all necessary agreements and amendments thereto with the administrator
of the
Sec. 2-19. Withholdings authorized; payment to state
required.
Withholdings
from salaries, wages, or other compensation of employees and officials for the
purpose provided in this article are hereby authorized to be made, and shall be
made, in the amounts and at such times as may be
required by applicable state laws or regulations, and shall be paid over to the
administrator designated by said laws or regulations to receive such amounts. (Ord.
No. 82, § 4, 04-05-1971)
Sec. 2-20. Appropriations for contributions and
assessments required.
There
shall be appropriated from available funds, derived from general funds and
water revenue funds, such amounts, at such times as may be required to pay
promptly the contributions and assessments required of the town as employer, by
applicable state laws or regulations, which shall be paid over to the lawfully
designated administrator of the Florida retirement system at the times and in
the manner provided by law and regulation. (Ord. No. 82, §
5, 04-05-1971)
Sec. 2-21. Required records.
The
town shall keep such records and make such reports as may be required by
applicable state laws or regulations, and shall adhere to all laws and regulations
relating to the Florida retirement system. (Ord. No. 82, §
6, 04-05-1971)
Sec. 2-22. Terms of system adopted.
The
town does hereby adopt the terms, conditions, requirements, reservations,
benefits, privileges and other conditions thereunto appertaining of the
Sec. 2-23. Town clerk designated as custodian of
funds; required records.
The
clerk is hereby designated the custodian of all sums withheld from the
compensation of officers and employees as authorized herein and of the appropriated
funds for the employer's contributions as provided in this article.
The clerk is
also hereby made the withholding and reporting agent and charged with the duty
of maintaining records for the purposes of this article. (Ord.
No. 82, § 8, 04-05-1971)
Secs. 2-24 – 2-33. Reserved.
ARTICLE III. FEDERAL OLD-AGE AND SURVIVORS INSURANCE
Sec. 2-34. Declaration of intent to
participate.
It is hereby declared
to be the policy and purpose of the town to extend, effective as of July 1,
1957, to the employees and officials thereof, not excluded by law, nor excepted
herein, the benefits of the system of old-age and survivors insurance as
authorized by the Federal Social Security Act and amendments thereto, and by
Chapter 650, Florida Statutes, as amended; and to cover by such plan all
services which constitute employment as defined in section 650.02, Florida
Statutes, performed in the employ of the town by employees and officials
thereof. (Ord. No. 47, § 1, 05-08-1957)
Sec. 2-35. Excluded positions.
There is hereby
excluded from this article any authority to include in any agreement entered
into under this article any service, position, employee, or official now
covered by or eligible to be covered by an existing retirement system. (Ord.
No. 47, § 2, 05-08-1957)
Sec. 2-36. Power of mayor to execute
agreements.
The mayor is
hereby authorized and directed to execute all necessary agreements and
amendments thereto with the state agency for the purpose of extending the
benefits provided by the old-age and survivors insurance system to the
employees and officials of the town as provided in this article, as are found
by the state agency to be necessary and proper, and such agreements shall be
effective with respect to services in employment covered by said agreement
performed on and after the first day of July, A.D., 1957. (Ord.
No. 47, § 3, 05-08-1957)
Sec. 2-37. Withholdings authorized; payment to state
required.
Withholdings
from salaries, wages, or other compensation of employees and officials for the
purpose provided in this article are hereby authorized to be made, and shall be
made, in the amounts and at such times as may be required by applicable state
or federal laws or regulations, and shall be paid over to the state agency
designated by said laws or regulations to receive such amounts. (Ord.
No. 47, § 4, 05-08-1957)
Sec. 2-38. Appropriations for contributions and
assessments required.
There shall be
appropriated from available funds, derived from taxation and other town income,
budgeted and set aside for this purpose, such amounts, at such times as may be
required to pay promptly the contributions and assessments required of the
town as employer by applicable state or federal laws or regulations, which
shall be paid over to the lawfully designated state agency at the times and in
the manner provided by law and regulation. (Ord. No. 47, §
5, 05-08-1957)
Sec. 2-39. Required records.
The town shall keep
such records and make such reports as may be required by applicable state or
federal laws or regulations, and shall adhere to the regulations of the state
agency. (Ord. No. 47, § 6, 05-08-1957)
Sec. 2-40. Terms of system adopted.
The
town does hereby adopt the terms, conditions, requirements, reservations,
benefits, privileges, and other conditions thereunto appertaining, of Title II
of the Social Security Act as amended, for and on behalf of the officers and
employees of its departments and agencies to be covered under the agreement. (Ord.
No. 47, § 7, 05-08-1957)
Sec. 2-41. Town clerk designated as custodian of
funds; required records.
The
clerk is hereby designated the custodian of all sums withheld from the
compensation of officers and employees and of the appropriated funds for the
contribution of the town, and the clerk is hereby made the withholding and
reporting agent and charged with the duty of maintaining personnel records for
the purposes of this article. (Ord. No. 47, § 8, 05-08-1957)
Secs. 2-42 -- 2-51. Reserved.
ARTICLE IV. RESERVED [2]
Sec. 2-52 – 2-59. Reserved. (Ord. No. 168, §
1, 05-04-1992; Ord. 190, §§ 1 – 2, 05-05-1998)
ARTICLE V. PURCHASING
Sec. 2-60. Regular procedures.
Whenever
the town shall seek to acquire materials, supplies or contractual services, the
following procedures shall apply.
(a)
For acquisitions of materials,
supplies or contractual services with a cost of under
one thousand dollars ($1,000.00), the purchase may be made by the department
heads without seeking competitive bids nor obtaining Commission approval.
(b)
For acquisitions of materials,
supplies or contractual services with a cost of over one thousand dollars
($1,000.00) but not in excess of three thousand dollars ($3,000), the purchase
may be made by the department heads without seeking competitive bids but
Commission approval must first be obtained. Prior to seeking Commission
approval the department head must obtain three competitive figures for comparison.
(c)
For acquisitions of materials,
supplies or contractual services with a cost greater than three thousand dollars
($3,000.00), the purchase shall not be made without seeking competitive bids
which bid shall be approved by the Commission. (Ord. No.
168, § 3, 05-04-1992)
Sec. 2-61. Emergency procedures.
In
the event of an emergency or in instances where the town has a particular need
to be met with only one source of supply, the town commission may waive bidding
requirements. However, a full and complete description of the emergency
conditions shall be filed with the town commission. (Ord.
No. 168, § 4, 05-04-1992)
Secs. 2-62 -- 2-70. Reserved. (Ord. No. 201, §
1, 06-05-2001)
Sec. 2-71. Code Enforcement Special Master.
(a) The Town, by this Article, hereby adopts an alternative code enforcement system which shall provide for a special master to be with the authority to hold hearings and assess fines and enforcement costs against violators of all town codes.
(b) The
town hereby adopts F.S. Chapter 162 in its entirety as may be amended from time
to time.
Sec. 2-72. Intent.
It is the intent of this Article to promote, protect and improve the health, safety and welfare of the citizens of the town, by authorizing the creation of the position of special master for code enforcement proceedings with the authority to impose administrative fines and other non-criminal penalties, to provide an equitable, expeditious, effective and inexpensive method of enforcing and codes and ordinances in force in the town where a pending or repeat violation exists.
Sec. 2-73. Jurisdiction.
The jurisdiction of the special master appointed by the Town Commission to hear cases brought by code officers shall include violations of any town ordinances or the Town Code, and any county code or state statute incorporated into the Town Code by reference or by operation of law, occurring within the Town of Hillsboro Beach. The Special Master shall also have the authority to notify and order the Town Administration to make reasonable repairs necessary to bring properties in compliance, charging the violator with the reasonable cost of repairs, or where it is determined that a violation presents a serious threat to the public health, safety or welfare, or the violation is irreparable or irreversible in nature.
Sec. 2-74. Definitions.
For the purpose of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Town shall mean the Town of Hillsboro Beach, Florida.
Town Attorney shall mean the Town Attorney of the Town of Hillsboro Beach, Florida.
Town Commission shall mean the legislative body of the Town.
Chapter 162 shall mean Chapter 162, Florida Statutes, as currently enacted and as may be amended from time to time.
Clerk shall mean the town employee with responsibility for coordinating hearings of the special master.
Code shall mean the Hillsboro Beach Town Code and all codes and state statutes incorporated into the Hillsboro Beach Town Code by reference or by operation of law, occurring within the Town of Hillsboro Beach.
Code Officer shall mean an employee or other agent of the Town designated by law, ordinance or Interlocal Agreement, whose duties are to ensure compliance in and for town codes or ordinances and to present code violations to the special master.
Notices shall be provided as set forth in F.S. Chapter 162, as currently enacted or as may be amended from time to time.
Owner shall
mean the person or persons reflected as the property owner in the most recently
certified real property ad valorem tax rolls of
Person shall mean individuals, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups or combinations.
Repeat violation shall mean a violation of a provision of a code or ordinance by a person whom the county court or special master has previously found to have violated the same provision within five (5) years prior to the violation.
Special Master shall mean any special master appointed by the Town Commission to hear code enforcement violation cases.
Violator shall mean the person or persons responsible for the ordinance or code violation which, in the appropriate circumstances, shall be the perpetrator of the violation, the owner of the real property or personal property or the person legally responsible for the property upon which the violation occurred, or any or all of the foregoing, or as otherwise provided in the specific code section violated.
Sec. 2-75. Establishing a Special Master.
(a) The qualifications and appointment of the Special Master
shall be as follows:
(1) The Special Master shall be appointed by
the Town Commission and shall serve with compensation as established by the
Town Commission upon appointment. The Town Commission may appoint one (1) or
more Special Masters. The Special Master shall serve at the pleasure of the
Town Commission.
(2) The Special Master must be both an
attorney and a member of the Florida Bar for a minimum of five (5) years.
(3) The Special Master will be bound by the
Code of Judicial Conduct as currently proscribed or as amended from time to
time.
(b) The provisions of F.S. Chapter 162, are hereby adopted. The special master may adopt additional rules and regulations as are consistent with the provisions of F.S. 162, which the Special Master finds necessary to carry out the provisions of the Article, subject to the approval of the Town Commission.
Sec. 2-76. Code Prosecutor Duties.
(a) The Town Attorney shall represent the interests of the Town and act as code prosecutor when the violator is represented by counsel, as deemed necessary.
(b) The code prosecutor, or designee, shall, in each violation, have professional discretion, including but limited to the right to negotiate a plea with the violator, and present that plea to the special master for approval, to recommend the disposition of a case to the special master and to decline to prosecute a case, similar to the discretion exercised by the Town Attorney for criminal municipal violations.
Sec. 2-77. Code Officers and Duties.
(a) The code officers have the primary duty to enforce the various codes and ordinances and initiate enforcement proceedings before the special master. The special master shall not have the power to initiate such enforcement proceedings.
(b) If the violation of a code or ordinance is found, the code officer shall give written notification to the alleged violator of the violation in accordance with F.S. Chapter 162, and give the alleged violator a reasonable time, in light of the nature of the violation, to correct the violation. Should the violation continue beyond the time specified for correction, or if the violation is a repeat violation, the code officer shall ask the clerk to set a hearing and to notify the alleged violator of the hearing.
Sec. 2-78. Conducting Hearings.
(a) The clerk shall set a time and date for the hearing and notify the alleged violator and the code officer. The violator shall be given at least seven (7) working days written notification of the hearing. The conduct of the hearing shall be consistent with F.S. Chapter 162.
(b) Hearsay evidence may be accepted for the purpose of
supplementing or explaining any direct evidence, but 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.
(c) The alleged violator shall have the right to be represented
by an attorney; however, the alleged violator or their attorney shall provide
the Town Attorney with written notice that an attorney is representing the
alleged violator’s interest at least five (5) working days prior to the
scheduled date of the hearing.
(d) All testimony before the Special Master shall be under oath
and shall be recorded. The alleged violator or the Town may cause the proceedings
to be recorded by a certified court reporter or other certified recording
instrument; however, the town shall be under no obligation to provide a
certified court reporter or other certified recoding instrument, but rather,
the Town may use a recoding device of its choice to satisfy its obligation to
record the meeting.
(e) The burden of proof shall be with the code officer to show by
the greater weight of evidence that a code violation exists and that the alleged
violator committed or was responsible for maintaining the violation.
(f) If written notice, or notice as contained in F.S. Chapter
162, has been provided to an alleged violator of the hearing, a hearing may be
conducted and an order rendered in the absence of the violator.
(g) The special master may, in his/her discretion, postpone or
continue a hearing.
(h) All determinations of the Special Master shall be based upon
competent substantial evidence.
Sec. 2-79. Construction of Violations.
Each and every act, action or thing done in violation of the provisions of this Code or an ordinance of the town shall be construed, deemed and taken as a separate and distinct violation of such provisions of this Code; and in every event that a violation of this Code or any of the provisions thereof shall continue, each day of such continuance shall be deemed, construed and taken as a separate and distinct violation of the provisions of this Code that such condition so allowed to continue shall violate.
Sec. 2-80. Establishing a Fine and Lien.
(a) The establishment of a fine and lien shall be consistent with and pursuant to the provisions of F.S. Chapter 162.
(b) Fines levied by the Special Master shall not exceed $250 per
day per violation of the first violation, $500 per day per violation for a repeat
violation, and up to $5,000 per violation if the Special Master finds the
violation to be irreparable or irreversible in nature. In determining what fine
to levy, the Special Master shall consider the following:
(1) The gravity of the violation.
(2) Any action taken by the violator to
correct the violation.
(3) Any previous violations committed by the
violator.
In addition to such fines, the Special Master may impose additional fines to cover all costs incurred by the Town of Hillsboro Beach in enforcing its codes and all costs and repairs where it is deemed that a violation presents a serious threat to the public health, safety and welfare, or where the violation is irreparable or irreversible.
(c) A certified copy of an order imposing a fine or costs of repairs may be recorded in the public records and thereafter shall constitute a lien against the land upon which the violation exists, or if the violator does not own the land, upon any other real or personal property owned by the violator. It may be enforced in the same manner as a court judgment by the Sheriffs of the State, including levy against the personal property, but shall not be deemed otherwise to be a judgment of a court except for enforcement purposes. As authorized by law, the Town may foreclose on duly recorded liens that have remained unpaid. Property subject to a lien established by a special master may be foreclosed by the Town in a manner provided by state law for the foreclosure of mortgages on real property, or in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of F.S. Chapter 173, as currently enacted or as amended from time to time, or payment enforced otherwise as authorized by law. Upon an action for foreclosure, the Town shall receive all costs, including reasonable attorneys’ fees, necessary to institute and prosecute same.
(d) Upon full payment of any lien, the Special Master or Town
Attorney shall be authorized to execute and deliver a full satisfaction of the
lien to the violator, or his or her representative, for their recording.
Sec. 2-81. Code Enforcement Procedures of the Special
Master.
The Town Commission may adopt by resolution such procedures as are deemed necessary and appropriate for the Special Master to carry out his/her function as set forth in this Article.
Sec. 2-82. Supplementary Provisions.
The provision and
procedures contained in this Article shall be in addition and supplemental to
any other remedies now existing or subsequently provided for by law, regarding
violations or municipal ordinances. (Ord.
No. 201, § 2, 06-05-2001)
Sec. 2-83 Cost
recovery.
Upon a finding for the Town by the Special Master, the violator shall be assessed such costs as were incurred by the Town in providing for the hearing. These costs shall constitute a lien against the land upon which the violation exists, or upon any other real or personal property owned by the violator. Recovery of such costs shall be in a manner the same as provided for fines as delineated in Section 2-80. (Ord. No. 216, § 1, 02-03-2004)
[1] Charter
references – General powers of the town, Art. III, § 1; special powers of the town, Art. IV, § 2. Cross references – Board of Zoning Appeals, Chap.
12, Div. 5, Art. XIV.
[2] Note
– The former Article IV, entitled “Zoning Board”, was reserved for future use
after the repeal of Sec. 2-52 by Ord. 190, ??-??-????