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ITEM: ORDINANCE NO. 2024-07 (AMENDING THE CODE OF ORDINANCES TO PROVIDE FOR ELECTRONIC PUBLICATION OF REQUIRED NOTICES AND ADVERTISEMENTS)
AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE WELLINGTON CODE OF ORDINANCES TO CREATE A NEW SECTION 1-13 OF CHAPTER 1, GENERAL PROVISIONS, TO BE TITLED “PUBLIC NOTICE REQUIREMENTS”, PROVIDING FOR ELECTRONIC PUBLICATION OF REQUIRED NOTICES AND ADVERTISEMENTS ON A PUBLICLY ACCESSIBLE COUNTY WEBSITE, PROVIDING FOR ANNUAL NOTIFICATION TO RESIDENTS AND PROPERTY OWNERS TO RECEIVE NOTICES BY MAIL OR E-MAIL, AND ESTABLISHING A REGISTRY FOR THIS PURPOSE IN ACCORDANCE WITH SECTION 50.0311, FLORIDA STATUTES; AMENDING CHAPTER 20, STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES, SECTIONS 20-15, 20-16, AND 20-18 OF WELLINGTON’S CODE OF ORDINANCES TO REFERENCE THE NEW SECTION 1-13, AND THE LAND DEVELOPMENT REGULATIONS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Approval of Ordinance No. 2024-07. …body
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EXPLANATION: Section 50.0311, Florida Statutes, was recently enacted by the Florida Legislature to give a governmental agency the option to publish certain legally required advertisements and public notices on a publicly accessible website of the county in which it lies, rather than in a newspaper of general circulation, if the cost of publishing advertisements and public notices on the website is less than the cost of publishing advertisements and public notices in the newspaper.
Palm Beach County has established a publicly accessible website in accordance with the statute (“Website”) and staff has determined that the cost of publishing advertisements and public notices on the Website is less than the cost of publishing such advertisements and public notices in the newspaper.
If Wellington elects to utilize the Website, section 50.0311(6), further requires Wellington to provide notice in the newspaper at least annually, advising residents and property owners that they may receive legally required advertisements and public notices from Wellington by first-class mail or e-mail. Wellington must also establish and maintain a registry for this purpose.
The proposed ordinance creates a new section of the Code of Ordinances and amends certain other provisions of the Code to allow Wellington to publish legally required advertisements and public notices on the Website. The proposed new Code section also contains language providing for the annual notice to residents and property owners and establishing the registry required by the statute.
Staff believes that the proposed changes will promote efficiency and provide cost savings to Wellington and recommends approval of the proposed amendments to the Code of Ordinances.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: YES QUASI-JUDICIAL: NO
FIRST READING: YES SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: Wellington expects a positive fiscal impact due to reduced costs associated with legal advertisements.
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Approval of Ordinance No. 2024-07.