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ITEM: ORDINANCE NO. 2016-19 (AMENDMENT TO CHAPTER 2, ARTICLE IV, SECTION 2-198 "HEARINGS"; SECTION 2-199 "FINES; IMPOSITION OF LIENS"; 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 2-199 ENTITLED "FINES; IMPOSITION OF LIENS"; 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, Section 2-199 relating to fines 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.
In addition, the current code provides the criteria under which the special magistrates may reduce a fine based upon, among other things, the financial ability of the violator to pay the full amount of the fine. The proposed amendment to Section 2-199 would eliminate the consideration of whether the violator has the financial ability to pay the full amount of the fine, because such factor is not provided for by Chapter 162, Florida Statutes.
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.
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