HomeMy WebLinkAboutOrdinance 2003-30 General Penalties
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 VIII,
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 of the City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests ofthe 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 1 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 strikGOut 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 of this Ordinance).
Chapter 1
General Provisions
* * *
Sec. 1-15. General penalty; continuing violations; violation as a public nuisance: attorneys'
fees and costs.
* * *
(c) In addition to and supplemental to any other provision of this Code, the city shall be entitled,
as a prevailing party. to recover reasonable attorneys' fees and costs incurred in any 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 of the 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
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ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 11 th day of August , 2003.
JOHN F. BUSH, MAYOR
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading: July 28, 2003
Second Reading: August 11, 2003
Effective Date: See Section 6.
City of Winter Springs
Ordinance No. 2003-30
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