LEGAL NOTICE
NOTICE is hereby given that the City Commission of the City of Palatka, Florida, will consider the enactment of the following entitled Ordinance:
ORDINANCE OF THE CITY OF PALATKA AMENDING ARTICLE V, DIVISION 1 – GENERALLY, SECTION 2-281 – “DEFINITIONS”, AND SECTION 2-283 – “JURISDICTION”, OF THE MUNICIPAL CODE OF THE CITY OF PALATKA AS IT PERTAINS TO CODE ENFORCEMENT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR CORRECTION OF SCRIVENOR’S ERRORS
at its next regular meetings to be held at 6:00 p.m. on the 28th day of January, 2021, and the 11th day of February, 2021 at City Hall, 201 N. 2nd St., Palatka, Florida. The meeting will also stream live on the City’s YouTube page: https://tinyurl.com/y3e2tee4 Said proposed ordinance may be inspected by the public at City Hall during regular hours of business and below. All interested persons are hereby advised of such consideration by the City Commission and all interested parties may appear at said meeting at said time and place and be heard with respect to the proposed ordinance. This notice is given in accordance with F.S. 166.041.
PLEASE GOVERN YOURSELVES ACCORDINGLY.
ORDINANCE 2021-01
ORDINANCE OF THE CITY OF PALATKA AMENDING ARTICLE V, DIVISION 1 – GENERALLY, SECTION 2-281 – “DEFINITIONS”, AND SECTION 2-283 – “JURISDICTION”, OF THE MUNICIPAL CODE OF THE CITY OF PALATKA AS IT PERTAINS TO CODE ENFORCEMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CORRECTION OF SCRIVENOR’S ERRORS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Palatka Code of Ordinances does not include a provision authorizing the City to appoint a Special Magistrate empowered to hear and decide code enforcement matters as provided defined and described in Article V, City of Palatka, Code of Ordinances and Chapter 162, Florida Statutes; and
WHEREAS, the need for the City to have the ability to appoint and utilize an independent Special Magistrate in addition to or in lieu of the Code Enforcement Board is evident; and
WHEREAS, this amendment will provide the City with the flexibility to address the City’s increasing code violations and enforcement concerns;
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF PALATKA, FLORIDA:
Section I. That Section 2-281of the Palatka Municipal Code shall be amended to read as follows:
Sec. 2-281.- Definitions
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Code enforcement officer means any designated employee or agent of the city whose duty it is to enforce codes and ordinances enacted by the city, as well as a city law enforcement officer as defined in this section; provided, however, nothing in this definition shall be construed to authorize any person designated as a code enforcement officer, other than a law enforcement officer, to perform any function or duties of a law enforcement officer other than as specified. A code enforcement officer, other than a law enforcement officer, shall not make physical arrests or take any person into custody and shall be exempt from bonding, and the requirements of the criminal justice standards and training commission, as defined and required by general law.
Commission means the governing body of the city.
Enforcement board means the code enforcement board, or , a Special Magistrate duly appointed by the Commission and vested with the authority to perform those functions and duties of the enforcement board as the code enforcement board’s duties are described in applicable City Ordinance or State law
Section II. That Section 2-283 of the Palatka Municipal Code shall be amended to read as follows:
Sec. 2-283. – Jurisdiction
The code enforcement board created by this article pursuant to F.S. ch.162 shall exist pursuant to the intent of that statute until and unless the city commission shall determine that such intent is not being implemented. The code enforcement board shall enforce and have jurisdiction of the following below-cited provisions of this code. Notwithstanding anything else contained within this Article or Code, pursuant to the powers granted under Chapter 162 Fl. Stat., the City Commission may elect to vest in a “Special Magistrate” duly appointed by the Commission, all powers and jurisdiction herein conferred upon the code enforcement board. The Special Magistrate may then, at the direction of the City manager, exercise said powers and jurisdiction, in total or on a case by case basis, concurrently with or in lieu of the code enforcement board. All hearings or proceedings conducted by the Special Magistrate shall be conducted in a manner consistent with Sec. 2-286 (b) through (g) below.
- ….. (remainder of Section unchanged)
Section III. To the extent of any conflict between the terms of this ordinance and the terms of any ordinance previously passed or adopted, the terms of this ordinance shall supersede and prevail.
Section III. That if any section or portion of a section or subsection of this ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or portion of a section, subsection, or part of this ordinance.
Section IV. That this ordinance shall take effect upon its passage as provided by law.
Section V. A copy of this Ordinance shall be furnished to the Municipal Code Corporation for insertion in the Code of Ordinances for the City of Palatka, Florida.
Section VI. SCRIVENER’S ERROR. The City Manager or designee, without public hearing, is authorized to correct any typographical scrivener’s errors, which does not affect the intent of this Ordinance. A corrected copy shall be posted in the public record by the City Clerk.
