HomeMy WebLinkAboutCity of Tamarac Ordinance O-1978-042r Introduced by:_.
Temp. # 556
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CITY OF TAMARAC, FLORIDA
ORDINANCE N0. Q- 7P- Z
AN ORDINANCE PROVIDING PAYMENT OF REASONABLE
ATTORNEY'S FEES, INCLUDING APPELLATE ATTORNEY
FEES, AND COURT COSTS TO THE CITY OF TAMARAC
IN LITIGATION BROUGHT BY THE CITY OF TAMARAC
FOR ENFORCEMENT OF ITS ORDINANCES OF THE CITY
AGAINST VIOLATORS THEREOF AFTER DUE NOTICE OF
SUCH VIOLATIONS HAS BEEN AFFORDED SAME TOGETHER
WITH AN ADEQUATE PERIOD OF TIME TO CORRECT OR
ABATE SUCH VIOLATIONS; PROVIDING FOR CODIFICATION;
PROVIDING REPEALER; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Constitution (1968 Revision),
and the subsequently enacted Municipal Home Rule Act of the .Florida
Legislature have fully invested municipalities with the ability
to enact legislation having local applicability within the
territories of said municipalities; and
WHEREAS, the Mayor and City Council of the Cit, of
Tamarac wish to recover the reasonable attorney's fees and court
f
costs expended by the City in the enforcement of its ordinances
against persistent, deliberate violators thereof when the City
must resort to the courts for assistance in such enforcement of its
said laws;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: Any violator of an ordinance of the City
of Tamarac shall be notified in writing of such violation, which
said notification shall either be hand delivered, posted upon the
front door of such violator's establishment (or residence), or
mailed certified mail, return receipt requested, and such notice
shall afford said violator a reasonable period of time, no less
than fifteen (15) days from the delivery, affixing to the front
door, or return receipt date when mailed certified mail, in which
to correct or abate said violation. A failure of the violator to
commence to undertake to correct or abate said violation within
said reasonable period. from the giving of the aforedescribed:notice
of violation shall be deemed a willful and continual violation of
said ordinance and, thereafter, should the City of Tamarac undertake
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litigation to enforce the ordinance in question and obtain a
cessation by the violator of any violation thereof, then and in
such event, the City of Tamarac shall be entitled to all reasonable
attorney's fees and court costs including reasonable appellate
attorney's fees and costs to be taxed against the violator as costs
judgments and appellate costs judgment by virtue of said violator's
willful disregard of the City's notice of violation.
SECTION 2: Specific authority is hereby granted for
the codification of this ordinance.
SECTION 3: All ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
SECTION 4: Should any section or provision of -this
Ordinance or any portion thereof, or any paragraph, sentence+or
word be declared by a Court of competent jurisdiction to be 'invalid,
such decision shall not affect the validity of the remainder hereof
s
as a whole or any part hereof, other than the part declared to be
invalid.
SECTION 5: This ordinance shall become effective
immediately upon its passage.
PASSED FIRST READING THIS DAY OF ,1978.`
PASSED SECOND READING THIS,�FDAY OF ,1978.
a
MAY
ATTEST:
�s
CITY L RK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this ORDINANCE
RTHUR M. BIRK N, CITY ATTORNEY
RECORD QE COUNCIL VOTE
MAYOR W. FALCK
V/M H. MASSARO
C/M H. WIENER
C/M I.M. DISRAELLY
C/ M. KLI
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