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Home My WebLink About2003 07 28 Public Hearings J First Reading - Ordinance 2003-30 Code Provisions COMMISSION AGENDA ITEM J Consent Informational Public Hearing X Re gular July 28. 2003 Meeting ~")I/~J Mgr. / Att. / Vept. REQUEST: The City Attorney proposes to the City Commission for first reading Ordinance No. 2003-30, adopting a code provisioll that permits the City to recover attomeys' fees and costs in any kgal proceeding brought by the City to enforce the City Code in which the City prevails. PURPOSE: The pUlpose of this Agenda Item i5 to adopt a code provision that pernlits the City to recover attorneys' fees and costs in any legal proceeding brought by the City to enforce the Cily Code in which the City prevails. APPLICABLE LAW ^ND PUBLIC POlJCY: Municipal Home Rule Powers Act. CONSIDF..RA TTONS: 1. In the past several years, the City has had to incur signilicant a.ttorneys' fees and COJ;ts in certain cases to successfully enforce severa}import<i.11t City Codes against Co.de 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 lhc City Code in instances where the City is the prevailing party, Page I of 2 2. This ordinance would pennit the City to recover auomeys' fees and costs in future code en forcement sitllillions where the City initiates legal proceedings agai n/;( reca:tcitrant code violators who fail to ahide 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 Cicy of Venic-e v, Valenre, 429 So. 2d 1241 (Fla. 2nd DCA 1(83), the Second Dishiet Court of Appeal upheld a City ordinance permitting the City, as a prevailing party, to recover attorneys' fees 3nd costs to enforce a municipal ordinance. 5. Under the Municipal Home Rule Power:; Act, the City has the authority 10 adopt any legislation unless expressly prohibited by county charter, state law or federa1law. 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 connict with this ordinance and any state or fCderallaw, the statc or rederallaw would take precedence. A hm, there may be certain instances where this ordinance would not apply because a state or fcd.crcll law provides otherwise. ST AFF RECOMMENDATION: The City Attorney recommends that the City Commisf:;on consider approving for first reading Ordinance No. 2003-30. ATT ACUMENT: Ordinance No. 2003-30. COMMISSION ACTION: I' :\Dl'lC~'O ty of WI nu:r Sprille.,:l'^l\~/lu~\I'~lIah y t'l'1.IV i.{lIl1~_.A llY" _I'ccs. wpd Page 2 of 2 ORDINANCE NO. 2003-30 AN ORDINANCE OF THE CITY COMMISSION OF TH~ CITY OF \VINTER 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 TIlE CITY CODE; PROVIDING FOR THE REPEAI.- OF PRIOR INCONSISTENT ORDINANCES AND RESOI.UTIONS, INCORPORATION INTO THE CODE, SEVERABILITY. AND AN EFFECTIVE DATE. WHEREAS, tllt: City Commission is granled the authority, under Section 2(h), Article VllI, of thc 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 it~ reHson~ble attorneys' fee and costs incurred in actions brought to enforce provll;iqns of the Winter Springs Codl.: uf Ordinances; and WHEREAS, the City Commission desires to provide a mechanism lhat permits the Cily 10 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 Cily of Winter Springs and its citizens of this tinancial hurden; and WHEREAS. ordinances which allow a city to recover reasonable attorneys' fees and court costs il1legal proceedings to secure compliance with the City Code Sl:rrVl;: a valid municipal purpose and arc enforceable. City of Venice v. Valente, 429 So. 2d 1241 (Fla. 2nd DCA 1983); and WllEREAS, the City Comm.ission of the City o[Winlcr Springs, fo"1orida, hereby rinds this Ordinance to be ill the best interests ofthe public health. safety, and wel fare afthe citizens ofWinler Springs. NOW, THF:REFORE, THE CITY COMMISSION OF THE CITY OF WINTRR SPRJNGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are. true and correct and arc fully incorporated herein by this reference. City of Wmter Springs Ordinance No. 2r)O).)O Page 1M3 . . Section 2. CodeAmendmcnt. 1be City of Winter Springs Code Section 1-15 j~ h~by amendcdas follows: (underlined typc indicales additions and strikeout type indicates deletions. while asterisks (*,. *) indicate a deletion from thi~ Ordinan.ce of text existing in Section 1-15. It is intended that the text in Section ] -15 denoted by the asterisks and set forth ill thi s Ordinance shall remain unchanged from the language existing prior to adoption ofthis Ordinance). Ch apter t General Provisions *** Sec. 1-15. General penalty; continuing violations; violation as a public nuisance: attornevs' fees and costs. . . lie * !f.l Tn addition to and supolcmcntal to any other provision of this Code. the city shall be entitled. as a prcvailin~ party, to recover reasonable attornevs' fees and costs incurred in any legal proceeding brought by the city to enforce any provision of this Code UlTough all aooellaJ9 proceedin~s. 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. TncorpQratioo Into Code. This Ordinance shall be incorporated into tb.e 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 hy any court. of competent j urisdictiol1, 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 orthis Ordinance. Section 6. .t:ffective Date. This Ordinance shall become etlective immediately upon adoption hy the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. rADOPTION PAGE FOLLOWS] City of Winlcr Springs Ordinance No. 200).)0 Page 2 of 3 . . ADOPTED hy the City Commission ofUle City of Winter Springs, Florida, in a regular meel.ing assembled on the _ day of __.__._..~..........__.._.._._ ) 2003. JOHN ~'. BUSH, Mayor ATTEST: - ANDREA LORENZO-LlIACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE. City Attorney First Reading: Second Reading: Effective Date: 1':\l)lICS\( :u)' "f Winll:l' Sl'rin!!~\()Tdinanc:cs\Alltll'Tlcy~_Fecs.wptl City (If Winter Sf'lrins~ Ordinance. No. 20U~-3U Ptl!:tc 3 of 3