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Home My WebLink About2003 08 11 Public Hearings G Second Reading - Ordinance 2003-30 Code Provisions COMMISSION AGENDA ITEM G Consent Informational Public Hearing X Regular August 11, 2003 Meeting ~ 7/Hf) Mgr. / Att. / Dept. REQUEST: The City Attorney proposes to the City Commission for second and final reading Ordinance No. 2003-30, adopting a code provision that permits the City to recover attorneys' fees and costs in any legal proceeding brought by the City to enforce the City Code in which the City prevails. PURPOSE: The purpose of this Agenda Item is to adopt a code provision that permits the City to recover attorneys' fees and costs in any legal proceeding brought by the City to enforce the City Code in which the City prevails. APPLICABLE LAW AND PUBLIC POLICY: Municipal Home Rule Powers Act. CONSIDERATIONS: 1. In the past several years, the City has had to incur significant attorneys' fees and costs in certain cases to successfully enforce several important City Codes against Code violators. In a general review of the City Code, the City Attorney noted there were no existing code provisions that permitted the City to recover attorneys' fees and costs to enforce the City Code in instances where the City is the prevailing party. Page 1 of 2 2. This ordinance would permit the City to recover attorneys' fees and costs in future 'code enforcement situations where the City initiates legal proceedings against recalcitrant code violators who fail to abide by existing code provisions. 3. In some cases, this Ordinance may relieve the City and its citizens of some of the expenses that are sometimes necessary to enforce the City Code. 4. In City of Venice v. Valente, 429 So. 2d 1241 (Fla. 2nd DCA 1983), the Second District Court of Appeal upheld a City ordinance permitting the City, as a prevailing party, to recover attorneys' fees and costs to enforce a municipal ordinance. 5. Under the Municipal Home Rule Powers Act, the City has the authority to adopt any legislation unless expressly prohibited by county charter, state law or federal law. 6. The City Attorney is unaware of any existing county charter provisions, state law or federal law that would prohibit the City from adopting this ordinance. However, in the event there is a conflict with this ordinance and any state or federal law, the state or federal law would take precedence. Also, there may be certain instances where this ordinance would not apply because a state or federal law provides otherwise. ST AFF RECOMMENDATION: The City Attorney recommends that the City Commission adopt Ordinance No. 2003-30 on second and final reading. ATTACHMENT: Ordinance No. 2003-30. COMMISSION ACTION: The City Commission approved Ordinance No. 2003-30 on first reading on July 28, 2003. F:\Docs\City of Winter Springs\Agenda\Penalty _Provisions_ AttysJees2. wpd Page 2 of 2 ORDINANCE NO. 2003-30 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SEC- TION 1-15 OF THE WINTER SPRINGS CODE, RELATING TO GENERAL PENALTIES; PROVIDING FOR THE CITY, AS A PREVAILING PARTY, TO RECOVER ITS REASONABLE ATTORNEYS' FEES AND COSTS IN ANY LEGAL PROCEEDING BROUGHT TO ENFORCE ANY PROVISION OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article VID, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City is currently limited in its ability to recover its reasonable attorneys' fee and costs incurred in actions brought to enforce provisions of the Winter Springs Code of Ordinances; and WHEREAS, the City Commission desires to provide a mechanism that permits the City to recover, as a prevailing party, its reasonable attorneys' fees and costs incurred in any legal proceeding brought to enforce the Winter Springs Code of Ordinances in order to relieve the City of Winter Springs and its citizens of this financial burden; and WHEREAS, ordinances which allow a city to recover reasonable attorneys' fees and court costs in legal proceedings to secure compliance with the City Code serve a valid municipal purpose and are enforceable. City of Venice v. Valente, 429 So. 2d 1241 (Fla. 2nd DCA 1983); and WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare ofthe citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. City of Winter Springs Ordinance No. 2003-30 Page I of 3 Section 2. Code Amendment. The City of Winter Springs Code Section 1-15 is hereby amended as follows: (underlined type indicates additions and strikcout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 1-15. It is intended that the text in Section 1-15 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption ofthis Ordinance). Chapter 1 Geueral Provisions * * * Sec. 1-15. General penalty; continuing violations; violation as a public nuisance: attorneys' fees and costs. *** W In addition to and supplemental to any other provision ofthis Code. the city shall be entitled. as a prevailing party. to recover reasonable attornevs' fees and costs incurred in anv legal proceeding brought by the city to enforce any provision of this Code through all appellate proceedings. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent ofthe conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. [ADOPTION PAGE FOLLOWS] City of Winter Springs Ordinance No. 2003-30 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs; Florida,''"in a regular meeting assembled on the 11th day of August ,2003. . - . NZO-LUACES, City Clerk Approved as to legal form and sufficiency for the Ci Winter Springs only: . GARGANESE, City Attorney First Reading: July 28, 2003 Second Reading: Augus t 11, 2003 Effective Date: See. Section 6. City of Winter Springs Ordinance No. 2003-30 Page 3 of 3