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ITEM: ORDINANCE NO. 2016-19 (AMENDMENT TO CHAPTER 2, ARTICLE IV, SECTION 2-198 “HEARINGS” AND SECTION 2-201 “SERVICE OF NOTICE; METHODS”)
AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING CHAPTER 2, ARTICLE IV, AMENDING SECTION 2-198 ENTITLED “HEARINGS”; AMENDING SECTION 2-201 ENTITLED “SERVICE OF NOTICE; METHODS”; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Approval of Ordinance No. 2016-19 amending Sections 2-198 relating to hearings and Section 2-201 relating to service of notice methods for certified mail and publication to conform to Chapter 162.12, Florida Statutes and to clarify that Motions for Rehearing or Reconsideration are not permitted.
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EXPLANATION: The current code is silent with regard to Motions for Rehearing or Reconsideration. The proposed amendment to Section 2-198 would conform Wellington’s Code to the Florida Statutes and would clarify that Motions for Rehearing or Reconsideration are not permitted.
Lastly, the current code provides that notice is to be provided to the alleged violator by certified mail, return receipt requested and provides for additional notice at the option of the special magistrate. This method differs from the method set forth under F.S. § 162.12. The proposed ordinance would conform Wellington’s requirements to Florida law.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: YES QUASI-JUDICIAL: NO
FIRST READING: SECOND READING: YES
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: NO
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Approval of Ordinance No. 2016-19 amending Sections 2-198 relating to hearings, Section 2-199 relating to fines and Section 2-201 relating to service of notice methods for certified mail and publication.