Ordinance 10-2013 Code Enforcement Board ORDINANCE NO. 10-2013
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT
CHAPTER 2, ADMINISTRATION; ARTICLE V, CODE
ENFORCEMENT; DIVISION 2, CODE ENFORCEMENT
BOARD, AT SECTION 2-402, TO PROVIDE FOR TERM
LIMITS OF TWO CONSECUTIVE THREE YEAR TERMS;
TO MODIFY THE DEFINITION OF EXCESSIVE
CONFLICTS OF INTEREST FROM THREE TO FIVE IN
ANY ONE CALENDAR YEAR AND TO PROVIDE THAT
SAID RULE RELATING TO CONFLICTS OF INTEREST
SHALL APPLY FROM THE DATE OF ADOPTION TO THE
END OF THE 2013 CALENDAR YEAR; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 2, Administration; Article V, Code Enforcement; Division 2, Code
Enforcement Board, Section 2-402, to read as follows:
"Sec. 2-402. Terms; removal provisions; absences;
conflicts of interest.
(a) In order that terms of office of all members of the
enforcement board will not expire at the same time, the initial
appointments to the board shall be staggered. Thereafter, members shall
be appointed for terms of three years. A member of the code enforcement
board shall not be appointed for more than two consecutive three year
terms, but shall be eligible for reappointment upon the lapse of nine
months after the expiration of the member's second consecutive three
year term. For members who have already served two three year terms
upon the date of the adoption of this code, they may serve one additional
three year term. The town council has the ability to waive this term
limitation in the event the town council determines that it is necessary to
extend the term in order to maintain the required number of persons on
the code enforcement board.
(b) All members of the code enforcement board, including
alternates, serve at the pleasure of the town council and may be removed
from the board with or without cause. Members of the board shall be
automatically removed for lack of attendance. Lack of attendance is
defined as failure to attend three regularly scheduled meetings in any one
calendar year. Excused absences due to illness, a death in the family,
religious holidays and requirements of legal process shall not constitute
lack of attendance. The member shall notify the office of the chief of
police in writing of the board member's intended absence at least seven
business days prior to the regularly scheduled meeting. Failure to do so,
absent an emergency which prevents timely notice, will cause the
absence to be unexcused. Excused absences shall be entered into the
minutes at the next regularly scheduled meeting of the board after the
absence. A member may petition the town council, in the event of
extenuating circumstances, to excuse an absence otherwise not
automatically excused pursuant to the provisions of this section.
(c) In the event of excessive conflicts of interest during any one
calendar year, the board member shall be automatically removed from the
board. Excessive conflicts of interest are defined as five or more conflicts
of interest in any one calendar year. Continuing conflicts of interest on a
single application once declared shall not be counted as additional
conflicts of interest. This rule shall apply from the date of adoption to the
end of the 2013 calendar year and shall be applicable, thereafter, on a
calendar year basis."
Section 2. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Ordinance No.10-2013 Page 2 of 3
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 5. Effective Date,
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on first reading this 11th day of June, 2013, and for second and
final reading on this 9th day of July, 2013.
, ��
i . Conigli , Mayor/ David A. Rosow, Town Council President
I Oft , , / /, I
"7,g be Wildrick, President Pr•.�Tem
l.� I
Willia' J. Diamond, Town •ouncil Member
---,/ 124 r 41
ATTEST: Rich: • M. K eid, Town e-ncil Member
. - -
san
A. we , MMC, Town Clerk Michael J. Pucillo,— • n Council Member
i
��� , t
. it i
It /
z ,
i p'\days\9i0\00008\doc\1g03118.doc
Ordinance No. 10-2013 Page 3 of 3