Loading...
HomeMy WebLinkAbout02041998 City of Sebastian 1225 MAiN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL/ CODE ENFORCEMENT BOARD JOINT WORKSHOP AGENDA WEDNESDAY, FEBRUARY 4, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Workshop, unless approved by consensus of City Council at the beginning of the Work~hop. Substantive decisions may not be made at Workshops (in accordance with R-97-21). 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. WORKSHOP ITEM5 98.033 1-~ Code Enforcement Matters 2. 3. 4. 5. 6. 7. 8. Inlxoduction Florida Statutes City of Sebastian Code Enforcement Code Enforcement Procedures Code Enforcement Activities Staff's Evaluation Council Questions and Discussion Council Direction 5. ADJOURN ANY PERSON WHO DECIDES TO APPE.4L ANY DECISION MADE BY THE CITY COUNCIL WTTtt RESPECT TO ANY MATTER CONSIDERED A T THIS MEETING (OR HEARING) WILL N~F.D A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THA T A VERBA T~[ RECORD OF THE PROCVVDINGS IS MADE, WHICH RECORD INCLUDES THE TESTITvlONYAND EVIDENCE UPO.V WHICH THE APPEAL IS TO BE tIEARD. (286. 0105 IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCO3/BIODA TION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS M---------E~TING. Hearing Assistance Headphones are Available in Council Chambers for all Government Meetings. City of Sebastian City Council]Code Enforcement Board Joint Workshop, February 4, 1998 Presentation 1. Introduction 2. Florida Statutes 3. City of Sebastian Code Enforcement 4. Code Enforcement Procedures 5. Code Enforcement Activities 6. Staff's Evaluation 7. Council Questions and Discussion 8. Council Direction Introduction Florida Statutes Chapter 162, F.S. County or Municipal Code Enforcement 1. Non-criminal (162.02) 2. Code Enforcement Board a. Seven members and up to two alternates (162.05(1 )) b. Members shall be a resident of the municipality (162.05(2)) c. The membership shall include, whe. never possible, an arc. hitect, a bus~nessperson, an engineer, a general contractor, a subcontractor, and a realtor (162.05(2)) The local governing body attorney shall either be the counsel to the board or shall represent the municipality but not both (162.05(5)) Duty of code inspector to initiate enforcement proceedings, not a member of the board (162.06 (1)) Chapter 162, F.S. County or Municipal Code Enforcement 3. Procedures aB I I I If a violation is found, the code inspector shall notify the violator and give reasonable time to correct the violation. Should the violation continue, the code inspector shall request a hearing. The board, through its clerical staff, shall schedule a hearing and a written notice be handed to the violator or mailed. If the violation is corrected and reoccurs, or if the violation is not corrected, the case may be presented even if the violation has been corrected prior to the board meeting. (162.06(2)) If a repeat violation is found, the code inspector shall notify the violator, but is not required to give the violator reasonable time to correct the violation. The code inspector, upon notifying~he violator of a repeat violation, shall request a hearing. The board, through its clerical staff, shall schedule a hearing and shall provide notice. The case may be presented to the board even if the repeat violation has been corrected. (162.06(3)) Chapter 162, F.S. County or Municipal Code Enforcement 3. Procedures (continued) a. if the code inspector has reason to believe a violation or condition causing the violation presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the code inspector shall make reasonable effort to notify the violator and may immediately notify the enforcement board. (162.06(4)) Chapter 162, F.S. County or Municipal Code Enforcement 4. Conduct of hearing Each case shall be presented by the local governing body attorney or by a member of the administrative staff. (162.07 (2)) b, All testimony shall be under oath and shall be recorded. I I I I I I GM dM The board shall take testimony from the code inspector and the alleged violator. (162.07(3)) Formal rules of evidence do not apply, but fundamental due process shall be observed. (162.07(3)) At the conclusion of the hearing, the board shall issue a findings of fact, based on evidence of record and conclusion of law, and shall issue an order. The ~ findings shall be on a motion approved by the majority of those members present and at least four members shall be present. (162.07(3)) Chapter 162, F.$. County or Municipal Code Enforcement 4. Conduct of hearing (continued) ~ f. The order may include a notice I that it must be complied with by a specific date and that a fine may be imposed. (162.07(3)) A certified copy may be recorded within the public records of the county. If the order is complied with, the board shall issue a notice acknowledging compliance that shall be recorded in the public records. (162.07(3)) shall be entitled to recover all incurred in prosecuting the (162.07(2)) If the local governing body prevails, it costs case. Chapter 162, F.S. County or Municipal Code Enforcement 5. Powers of enforcement boards a. Adopt rules for the conduct of its hearings. Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the police department. Subpoena evidence to its hearings. d. Take testimony under oath. e. Issues orders having the force of law to command whatever steps are necessary to bring a violation into compliance. (162.08) Chapter 162, F.S. County or Municipal Code Enforcement 6. Administrative fines, cost of repairs, liens a.The enforcement board, upon notice by ~ the code inspector that a notices of the board has not been complied with by the ~ set time, or upon finding that a repea'~ violation has occurred, may order the ~ violator to pay a fine for each day the violation continues past the date set or, ~ in the case of a repeat violation, for each day the repeat violation continues. ~ (162.09(1)) ~ b. A fine shall not exceed $250 per day for a first violation and $500 per day for a repeat violation and may include the cost of repair. If the board finds that the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000 per violation. (162.09(2)(a)) Chapter 162, F.S. County or Municipal Code Enforcement 6.Administrative fines, cost of repairs, (continued) liens In determining the amount of the fine, the board shall consider the following factors: The gravity of the violation. Actions taken to correct the violation. Any previous violations committed by the violator. (162.09(2)(b)) A certified copy of the order, imposing the fine may be recorded in the public records and shall constitute a lien against the land· After 3 months from the filing of any such lien which remains unpaid, the local governing body attorney to foreclose on the lien. No lien may be foreclosed on real property which is a homestead· (162.09(3)) ~ Duration of liens 1.No lien shall continue for a period longer than 20 years. Chapter 162, F.S. County or Municipal Code Enforcement 7.Appeals . . a. An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcem.~ board to the circuit court. b. Such an appeal shall not be a hearing de novo. Ce An appeal shall be filed within 30 days of the execution of the order. (162.11) 8. Provisions of act supplemental The legislative intent is that the statuary language provides an additional '.or supplemental means of obtaining compliance with Nothing from prohibits enforcing (162.13) local its code local codes. government by any other means. Chapter 162, F.S. County or Municipal Code Enforcement 9. Supplemental Enforcement Procedures A municipality may designate certain employees as "code enforcement officers". (162.21 (2)) b. A code enforcement officer is authorized to issue a citation to a person when the officer has reasonable cause to believe that the person has committed a violation of a code and that the county court will hear the charge. (162.21 (3)(a)) Prior to issuing a citation, the officer shall provide notice that a violation has occurred and establish a reasonable time period to correct the violation. Such a period shall be no more than thirty days. If the person does not correct., the violation, the officer may issue a citation to the person who has' committed the violation. The officer does not have to provide a reasonable period to correct the violation, if a repeat violation is found or if the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or ~ irreversible. (162.21(b)) ~ Chapter 162, F.$. County or Municipal Code Enforcement 9. Supplemental Procedures (continued) The citation shall contain: The date a. nd tim. e of issuance, and when the ~nfracbon was committed, and the name and address of the person to whom the citation is issued. The facts showing reasonable cause. The section of the code violated. The name of the officer. 5.The procedure in order to pay the civil penalty or to contest the citation. 6. The applicable civil penalty. A statement that if the person fails to pay the penalty within the time allowed, or fails to appear in court to contest the citation, the person shall have waived his right to contest'the citation and that judgement may be entered against the person for an amount up to the maximum civil penalty. (162.21(3)(c)) Chapter 162, F.S. County or Municipal Code Enforcement 9. Supplemental Procedures (continued) I I I The officer shall deposit the original citation and one copy with the county court. (162.21(4)) An ordinance for the implementation these provisions shall provide: I of I That a violation of a code or an ~ ordinance is a civil infraction. 2. A maximum civil exceed $500. penalty not to A civil penalty of less than the maximum civil penalty if the person does not contest the citation. For issuance of a citation by an ~ officer who has reasonable cause to believe that a person has committed an act in violation of a code. For contesting of a citation in county court. Such procedures and provisions as are necessary. (162.21(5)) Chapter 162, F.S. County or Municipal Code Enforcement 9. Supplemental Procedures (continued) g. Any person who willfully refuses to sign and accept a citation by .a code enforcement officer shall be guilty of a misdemeanor (162.21(6)) of the second degree. This provision does not apply to building permits. (162.21(7)) City of Sebastian Code Enforcement City of Sebastian's Code Chapter 2 Administration Article VI. Boards, Commissions, Committees Division 2. Code Enforcement Board· 1. City of Sebastian's code follows the State Statute except for the following: a. The provision to recover costs (162.07(2) F.S.) is not included. b. The City Attorney shall represent and be counsel to the board (2-188) · c.The burden of proof shall be with the city to show, by the preponderance of the evidence, that a code violation exists and the alleged violator committed, or was responsible for committing, permitting, allowing, authorizing or maintaining the violation (2-191.(f)). No board member shall vote in any case in which that member has personal knowledge, if in the opinion of the board I member, which will negatively affe. ct the member's ability to render a fair and impartial determination of the case (2- 191.(o)). City of Sebastian's Code e. Each party to the hearing shall have the right to: I I (1) Call and examine witnesses; (2) Introduce evidence and exhibits; (3) Cross-examine opposing witnesses (2-191.(j)) I I I I The board shall first take testimony and other evidence from the code inspector. The board shall also take testimony and other evidence from the alleged violator. If, however, after receiving testimony and other evidence from the code inspector, the board does not believe that the alleged violator has committed the violation, the board may dismiss the case against the alleged violator without taking the alleged violators testimony (2- 191.(i)). gm Whoever opposes, obstructs or resists a ~ code inspector in the discharge of any duty provided in this division, upon conviction, shall be guilty of a misdemeanor of the second degree, punishable in accordance with the Laws of the State of Florida. (2-197) Code Enforcement Procedures I i I I I I 3. I i 7. I I I I Code Enforcement Officers Responsibilities Respond to code violation complaints. Respond to observed code violations. Field inspection of land clearing permit (application and completion) Inspection of site plans for compliance. Inspection of shed permits for compliance. Inspection of fence permits for compliance. Inspection of model home parking for compliance. Contractor licensing compliance. Occupational licensing compliance. m Code Enforcement Procedures Complaint. Inspection. Verbal warning. Written notice of violation. Notice of violation hearing. Hearing before Code Enforcement Board. Findings of fact and order. Fines initiated. CO DE E~TO RCEMENT DA~!: LOC-~T!ON OF CCk~o_~AZ~Vf_: Comp Te!ephcne # Location: Owner: Street: City/State: Legal: Nature of Complaint: Inspector's Report: Action Taken: SEBASTIAN CODE ENFORCEMENT Complaintant: Address: Complaintant Tel: Owner Tel: By: Date: Date: Signature I I i I i , i City of Sebastian I CODE ENFORCEMENT Sir/Madam: Date It appears that you are in violation of City Code Section in that It would be appreciated if you would give the above matter your prompt attention. If you need additional information please contact Code Enforcement Officer 589-5518 DearSir/Madam: ._.-:. "Date:' -'DISpLAY OF B~ll{G NUMBERS. Per Sectl0n 20A-5.46 lb) of the City Code ot' Ordinances, effective April 24, 1991, 'All buildings shall have the assigned building num- ber displayed in a manner such that the building number is visible from the public street.' · Your residence is not in compliance with the cod~. l'n order to br~.7°ui"re,ldefice .into eompllartce; you will. need to: [2- Attach ~ Inch. high ~bloel~'numerals t~ the residence.. fi'om the. ~tre~t u~on which b ..uildinglaces... ~ you have any questlom, please contact the CODE ENFORCEMENT OFFICER {40~ 589-5537 City of Sebastian 225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE 589-5518 (407) NOTICE Violation Date Time Served on As Owner, Resident or Agent of property located at Inspection of property indicates a violation of City Ordinance Section You are hereby notified to correct the above violation within days/hours from above date and time of this notice. Failure to comply could result in fines not to exceed $250.00 a day, every day the violation exists. Served by Code Enforcement Officer CODE ENFORCEMENT BCUkRD CITY OF $£f~kSTI;tN STATE OF FI~RIDA NOTICE OF VIOLATION HEARING IN THE MATTER OF: C2%SE NO. 97-13369 ATTENTION: The Building Department of the City of Sebastian has previously notified you of an alleged violation of the Land Development Code of the City of Sebastian. The Building Department contends that the following violation continues to exist: The brief legal description of the real property upon which this violation occurred is: Accordingly, the Code Enforcement Board has set this matter for hearing on We~es~ba¥, the 17th day of Dece~r, 1997, ~t 3:00 P.M. at 1225 Main Street, City Council Chambers, Sebastian, Florida. YOU ~ BEQ~3ESTED to appear before the Board at that time to answer and defend the allegations that you have violated the above cited provisions of the Land Development Code of the City of Sebastian. If you fail to attend, the Board may base its findings and act solely on the presentation made by the Building Department. If the violation is corrected and then recurs, or if the violation was not corrected within the time specified for correction by the code inspector in the prior notice, the case may be presented to the Code Enforcement Board even if the violation is corrected prior to the hearing. THE CODE ENFORCEMENT BOARD H~ INITIATED A PROCEDURE WHEREBY AN ALLEGED VIOLATOR MAY WAIVE ATTENDANCE AT THE A~OVE HEJkRING. TO UTILIZE THIS PROCEDURE CONTACT THE BUILDING DEPARTMENT. YOU MAY APPEAR WITH OR WITHOUT AN ATTORNEY. YOU HAVE A RIGHT TO SUBPOENA WITNESSES AND DOCUMENTS ;,ND CROSS-EXAMINE THE OTIIER PARTY'S WITNESSES. SUBPOENAS ARE AVAIIOkBLE AT THE OFFICE OF THE CITY CLERK. If the Board finds that you have committed a violation, it may order i~nediate compliance with the Code and provide in the order, in the event of failure to comply with the order within a period of time set forth therein, that a fine NOT TO EXCEED $250.00 per day be imposed for the period of non-compliance. If the City prevails in prosecuting the case before the Code Enforcement Board, it shall be entitled to recover all costs incurred in prosecuting the case before the Board. (F.S. 162.07(2)). I i I I I I i I I I I I I I I I I I I If any decision of ~he Code E~%forcement Board af~:c~s you ah~ :,~ deci~e go appeal any decision made at ~his meeting wi~h respec~ to any mat~er considered, you will need a record of ~he proceedings and for such purposes, you may need to ensure that a uerbatim record of ~he proceedings is made, which record includes the testimony and evidence upon which ~he appeal is based. (THE ~O~ NOTICE IS R~QUIRED BY STATE ~W. ~YONE DESIRING A ~RBATIM T~SCRIPT S~L ~ THE ~SPONSIBILITY AT HIS OWN COST TO ~GE TO PROVIDE THE T~SCRIPT.) Please be advised that the procedures of the Board are governed by the Rules of the Code Enforcemen~ Board and the Land Development Code of the City of Sebastian. Copies of these Rules and Ordinances may be obtained aL ~he Office o~ the City Clerk, City of Sebastian. PLEASE GOVERN YOURSELF ACCORDINGLY. CODE ENFORCEMENT BOARD Code Enforcement Clerk CODE ENFORCEMENT BOARD CIT~ OF SEBASTIAN 96-10784 CITY OF SEBASTIAN, Petitioner, VS. Respondent. FINDINGS OF FACT, CONCLUSIONS OF LAW. AND ORDER THIS CAUSE came on for public hearing before the Code Enforcement Board of the City of Sebastian, on Februar~ 21, 1996, after due notice to the Respondent and based on the evidence presented, the Code Enforcement Board makes the following: FINDINGS OF FACT That the Res ~e registered owner o: At the time ~rvice "of the Notice of Violation Hearing, the Respondent was the owner of a boat and trailer which did not have current State of Florida registrations. The Respondent was the owner of an unregistered and unlicensed beige van which was parked on the above described residential lot outside an enclosed structure. The lot had an accumulation of junk and debris, consistinf of car doorsL building materials, machinery, household garbage, and litter. As of February 21st, 1996, all violations except the unregistered and unlicensed van have been cured. WHEREFORE, based upon the forementioned Findings of Fact, the Code Enforcement Board ma2<as the following: CONCLUSIONS OF LAW 1) That the Respondent was in violation of Section 20A-5.16.C.7 of the Land Development Code which states "The recreational vehicle must bear. a current State of Florida reqistration.,, 2) The Resoondent is in violation, of Section 98-36(c) of the Code of Ordinances which states "No vehicle may be parked on any lot in any residential district, except in an enclosed structure, unless such vehicle is licensed, registered and insured." and 3) The Respondent was in violation of Section 86.47 of the Code of Ordinances which states "It shall be unlawful for an~ person to deposit, keep or maintain any junk in any lot or s~ace within the city, except only that trash, garbage or other waste from living quarters may be deposited in the. place provided by the city for such deDosit.,, WHEREFORE, based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby ordered as follows: The Respondent shall have i calendar day from the date of this hearing to bring the registration of the van into. compliance or have it removed from the property. Upon failure of the Respondent to comply with Section 98-36(c) within one (1) calendar day from the date of this hearing, the Code Enforcement Board does lev~ a fine of $100.00. It shall be the responsibility of the Respondent to notify the Code Enforcement Officer that compliance has been achieved. If Respondent does not comply on or before the date set for compliance, on Order imposing a fine may be recorded in the Official Records of Indian River County, and once recorded, SHALL CONSTITUTE A LIEN against the property upon which the violations exist and upon any other real or personal property owned by the Respondent. If ~9 %m~nden~ remeats or causes a this Board shall after notification to the Respondent, reconvene in the Council Chambers to hear further evidence on the issue of compliance and may impose a fine of up to the maximum amount of $500.00 per day for each day the violation continues beyond the compliance date. The foregoing Order was moved for adoption by Code Enforcement Board member Mr. Generazio . The motion was seconded by Code Enforcement Board member Mr. Nicolini and, upon being put to a vote, the vote was as follows: Chairman Damien Gilliams Vice Chairman Louis Nicolini Board Member Salvatore Neglia Board Member Joseph Generazio Board Member Mack May Board Member Albert Goelz Alternate Member Ken Cosco NO YES YES YES YES YES YES The Chairman thereupon declared this order duly passed and adopted this 21st day of February. , 1996. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 21st day of February , 19 ATTEST: Clerk, ~~~At Boar CITY..>O~~, , FLORIDA C~, C O~Nd;e Eh f otc em ent Board ! ! fur~gui~g Fi~d~g~f Fac~, Cunclusious of Law, ~d Or,er ha~ bee~ f~shed by~~ to Kespcnden~ at ~m ~~ City of Sebastian Code Enforcement Log I ! Officer: Date Time' Milea e OIF i . } Activi_t.7.' ' ! i I I I I I I I I I I I I I I I I I I I I i I I I I I I i I I I i I i I Code Enforcement Activities Staff's Evaluation Code Enforcement Evaluation Procedures 8 Accounting m Prosecution 4. Fines / Reporting 6. Code Chapter 162, F. S. County or Municipal Code Enforcement Nr_,iting by,the pur- /~nsaction where Bther partially or ruction control line nsferred, the seller ~avit, or a survey t472, delineating ben control line on COUNTY OR MUNICIPAL CODE ENFORCEMENT CHAPTER 162 COUNTY OR MUNICIPAL CODE ENFORCEMENTg PART I LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (ss. 162.01-162.13) PART II SUPPLEMENTAL COUNTY OR MUNICIPAL CODE OR ORDINANCE ENFORCEMENT PROCEDURES (SS. 162.21, 162.22) Ch. 162 I beaches.- which is necessary iexcept for. traffic ossovers, is pro- ng vegetation, of s. Except as other- i, rson driving any native stabilizing guilty of a misde- shabte as provided Ihich is necessary r for the purpose nd permitted tradi- · '_existing authorized .coastal beaches ~h jurisdiction over astal beach has: t least a three-fifths I~r portions of the the effective date 1989, in accordance l.less than 50 per~ beach parking is and department s paragraph shall not Iprior to January 1, lotions pursuant to izing such vehicular lS pursuant to sub- of at least three- cular traffic on all its jurisdiction. Any rOrized by a three- arge a reasonable evenues from any beach maintenance; t?ld parking; beach- ity insurance; or or other staff pur- ~y the local govern- men, over, or across eanor of the sec- in s. 775.082 or s. 3. c~. 87-224: s. 2. c~. PARTI LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS 162.01 Short title, 162.02 Intent, 162.03 Applicability, 162.04 Definitions. 162.05 Local government code enforcement boards; organization. 162.06 Enforcement procedure. 162.07 Conduct of hearing. 162.08 Powers of enforcement boards. 162.09 Administrative fines; costs of repair; liens. 162.10 Duration of lien. 162.11 Appeals. 162.12 Notices. 162.13 Provisions of act supplemental. 162.01 Short fltle.--Secticns 162.01-162.13 may be cited as the "Lgcal Government Code Enforcement Boards Act.' Hl~t~.--s. t, c.n. 80-300;, s. 72. ch. 81-259: ~. t, ch, 82-37, Note.--Fo~n~' ~. 166.(~51. 162.02 Intent.--It is the intent of this part to pro* mote, protect, and improve the health, safety, and wel- fare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated viola- tion continues to exist. Hl~t~y.~. 1, ch. 8~-3~0; s. 2, ch. 82.-37; s. 1, ch, 8,~--150; $. I, ch. 86-~01; s, 162.03 Applicability.-- (1) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided herein. (2) A charter county, a noncharter county, or a municipality may. by ordinance, adopt an alternate code enforcement system which gives code enforcement boards or special masters designated by the local gov- erning body, or both, the authority to hold hearings'and assess fines against violators of the respective county or municipal codes and ordinances. Hlsto~f.--~$, I, 2. ch, 80-300: s. 3, c~, 82-37: $, 2. ca, ~6-~1: s, 1, c~. 81-129: ~--Fem'.~ ~. 166053. 162..04 Definitions.--As used in ss. 162.01-162.13, the term: (1) "Local governing body" means the governing body of the county or municipality, however designated. (2) "Code inspector" means any authorized agent cr employee of the county or municipality whose duty it is to assure code compliance. (3) "Local governing body attorney" means the legal counselor for the county or municipality. (4) "Enforcement board' means a local government code enforcement board. (5) "Repeat violation' means a violation of a provision of a code or ordinance by a person whom the code enforcement board has previously found to have vio- lated the same provision within 5 years prior to the viola- tion. Histo~y,--s. I, ch. 80-300; $. 4, ch. 82-37: $, 10. CD, 83-216; s. 3. c~. 86-201: s. N~e.--Fotm~' ~. 166_054, 162.05 Local government code enforcement boards; organization.-- (1) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement bdards. The local g~verrdrtg, bed~'~'~ county or a municipality that has a population of less than 5,000 persons may appoint five-member or seven- member code enforcement boards. The local governing body of a county or a municipality that has a population equal to or greater than 5,000 persons must appoint seven-member code enforcement boards. The local governing body may appoint up to two alternate mem- bers for each code enforcement board to serve on the board in the absence of board members. (2) Members of the enforcement boards shaJl be res* idents of the municipality, in the case of municipal enforcement boards, or residents of .the county, in the case of county enforcement boards. Appointments shall be made in accordance with applicable law and ordi- nances on the basis of experience or interest in the sub- ject matter jurisdiction of the respective code enforce- ment board, in the sole discretion of the local governing body, The membership of each enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. (3)(a) The initial appointments to a seven-member code enforcement board shall be as follows: 1. Two members appointed for a term of 1 year each. 2. Three members appointed for a term of 2 years each. 3. Two members appointed for a term of 3 years each. (b) The initial appointments to a five-member code enforcement board shall be as follows: 12O3 Ch. 162 COUNTY OR MUNICIPAL CODE ENFORCEMENT F.S. 1995 1. One member appointed for a term of 1 year. 2. Two members appointed for a term of 2 years each. 3. Two members appointed for a term of 3 years each. Thereafter, any appointment shall be made for a term of 3 years. (c) The local governing body of a county or a munici- pality that has a population of less than 5,000 persons may reduce a seven-member code enforcement board to five members upon the simultaneous expiration of the terms of office of two members of the board. (d) A member may be reappointed upon approval of the local governing body. (e) An appointment to fill any vacancy on an enforce- ment board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chair, the enforcement board shall declare the member's office vacant, and the local gov- erning body shall promptly fill such vacancy. (f) The members shall serve in accordance with ordinances of the local governing body and may be sus- pended and removed for cause as provided in such ordi- nonces for removal of members of boards. (4) The members of an enforcement board shall elect a chair, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven- member enforcement board, and the presence of three or more members shall constitute a quorum of any five- member enforcement board. Members shall serve with- out compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as are other- wise provided by law. (5) The local governing body attorney shall either be counsel tO an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local govern- ing body attorney serve in both capacities. Hi~f~fy.~$. 1. c.~. 8G-300; $. 5, Ch. 82-37; s. 4, 4, CI~, 89-~; s. 1, ¢t~, ~-291: $. 1441. ch. 162.06 Enforcement procedure.-- (1) It shall be the duty of the code inspector to ini- tiate enforcement proceedings of the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings. (2) Except as provided in subsections (3) and (4), if a violation of the codes is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify an enforcement board and request a hearing. The code enforcement board, through its cler- ical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as pro- vided in s. 162.12 to said violator, At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in s. the violatiOn is not corrected by the time specified for correction by the code inspector, the case may be pres- ented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state. (3) if a repeat violation is found, the code inspector shall notify the violator but is not required to give the viD. lat~ a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat viola- tion, shall notif7 an enforcement board and request a hearing. The code enforcement board, through its cleri- cal staff, shall schedule a hearing and shall provide notice pursuant to s. 162.12. The case may be pres- ented to the enforcement board even if the repeat viola- tion has been corrected prior to the board hearing, and the notice shall so state. (4) If the code inspector has reason to believe a vio- lation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing. ' NI~,--S, 1, ch, 80.~300;. S. 5. Crt. 8~-201; S. 1, ch_ 87-391: S, 5. cfi. 89-268: s. 2. cfr, 94-291: $. 1442. c~1, ~-147, 162.07 Conduct of hearing.-- (1) Upon request of the code inspector, or at such other times as may be necessary, the chair of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of a seven-member enforcement board or signed by at least two members of a five-member enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing body shall provide clerical and administrative personnel as may be reasonably required by each enforcement board for the proper performance of its duties. (2} Each case before an enforcement board shall be presented by the local governing body attorney or by a member of the administrative staff of the local governing body. If the local governing body prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under s. 162.09(3). (3) An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (4) At the conclusion of the hearing, the enforce- ment board shall issue findings of fact, based on evi- dance of record and conclusions of law, and shall issue an order affording the proper relief consistent with pow- ers granted herein. The finding shall be by motion approved by a majority of those members present and voting, except that at least four members of a seven- If the violation is corrected and then recurs or if member enforcement board, or three members of a five- 1204 F.S. 1995 member I action to be it must be a fine ma~ fled in s. '~ along with said date. orded in tl~ stitute sors in int,~-e property, an¢ the violat(~a any subs~ assigns, if~'n suant to this by the d~ board sh~'. that shall [I~ is not requir~ complianc~ HistoC/.--S. N~t~.--Fo~rr~--s 162.08d enforceme~ (1) Ad~l~ ~) Subp¢ hearings. ~ county or,I (3) Sul~: (4) Take (5) IssUe whatever ~: compliancg Hist~.--s, 1, cr 162.09 I (1) An code inspect~ has not lng that order the this section fc date set byl~ the case violation violation is fo~ tot. In addii s. 162.06(4. governing which are rec, and charge~ repairs alo~ tion. If a fi~' been made a: be necessa/:y_ If, affer du~r board finds~ nature, it may in paragraph (2)(a) not exceed~ F.$. 1995. spec~fi~ed for .~l~may be pres- violation has ~:~ lng, and the ,~de inspector give the vio- ,t~l~ion. The code repeat viola- ,t~sd request a ugh its cleri- hall provide may be pres- irepeat viola- hearing, and to believe a vio- in presents a and welfare te in nature, ;nable effort to i1¥ notify the '~. 5, ch- 89-268; s. Ir, or at such chair of an ~n enforcement ,,~written notice' on-member o members ,linutes shall be iooard, and all the public. clerical and onably required iPerformance card shall be ~ttorney or by a iai governing prosecuting II be entitled ,ting the case idClUded in the to hear the ::mony shall be ~ enforcement !~spector and ~all not apply, bserved and lathe enforce- sod on ovi- d shall issue ;tent with pow- ,l~bY motion present and of a seven- ;3bors of a five- F.S. 1995 COUNTY OR MUNICIPAL CODE ENFORCEMENT Ch. 162 member enforcement board, mus; vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions speci- fied in s. 162.09(1), the cost of repairs may be included along with the fine if the order is not complied with by said date, A certified copy of such order may be rec- orded in the public records of the county and shall con- stitute notice to any subsequent purchasers, succes- sors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pur- suant to this subsection and the order is complied with by [he date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records.' A hearing is not required to issue such an order acknowledging compliance. Hlsto~f.--~. I. c. ls, ~0-300; s. 6, c..tl, 82.-37; s. 44, ch. 8~-217: s, 6, ca. 68-201; s. 6, ca, 89-268: S, 3, c~. 9,~.-291; S, 1443. Ch. 95-147; $. 2, ch. 9~-2E'/. Nete.-.-Farme~ $. 168.{~57. 182.08 Powers of enforcement boards.--Each enforcement board shall have the power to: (1) Adopt rules for the conduct of its hearings. (2) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the sheriff of the county or police department of the municipality. (3) Subpoena evidence to its hearings. (4) Take testimony under oath. (5) issue orders having the force of law to cammand whatever steps are necessary to bring a violation into compliance. HtStOrIt.~S. 1. ch. 80-300; s. ?. c~. 82,-37; S. 7, ch. 86-201; ~. ?.ch. 89-268, Note.--Fo~met s. 168,058~ 162.09 Administrative fines; costs of repair;, liens. (1) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time or, upon find- ing that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the enforcement board for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspec. tar, In addition, if the violation is a violation described in s. 162.06(4), the enforcement board shall notify the local governing body, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this sec- tion, If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, a code enforcement board finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in paragraph (2)(a), (2)(a) A fine imposed pursuant to this section shall not exceed $250 per day for a first violation and shall not 1205 exceed $500 per day for a repeat violation, and, in addi- tion, may include all costs of repairs pursuant to subsec- tion (1). However, if a code enforcement board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000 per violation. (b) In determining-the amount of the fine, if any, the enforcement board snail consider the following factors; 1. The gravity of the violation; 2. Any actions taken by the violator to correct the violation; and 3. Any previous violations committed by the viola- tor. (c) An enforcement board may reduce a fine imposed pursuant to this section. (3) A certified copy of an order imposing a fine may be recorded in the public records and thereafter sha!i constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including. levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, which- ever occurs first. A lien arising from a fine imposed pur- {uant to this section runs in favor of the local governing body, and the local governing body may execute a satis- faction or release of lien entered pursuant to this sec- tion. After 3 months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body attorney to foreclose on the lien. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a home- stead under s. 4, Art. X of the State Constitution. Histoi~f.--$, I, ch, ~),-300: $, 4, ca. 94+291: $. I, Ch. Nete.~Forrner s. 168.059. 162.10 Duration of lien.--No lien provided under the Local Government Code Enforcement Boards Act shall continue for a period longer than 20 years after the certi- fied copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is enti- tled to recover all costs, including a reasonable attor- ney's fee, that it incurs in the foreclosure. The local gov- erning body shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent pur- chasers for valuable consideration without notice, unless a notice of lis pendens is recorded. Hla~"y.~s. ~). ch, 8~-~?; :~. 9, ¢fl, 86-201: $. 9, CJ'i, 89-25~; s. 5, c. J1.94-.291. 162.11 Appeals.--An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the circuit court. Such an appeal shall not be a hearing de nova but shall be lim- ited to appellate review of the record created before the Ch, 162 COUNTY OR MUNICIPAL CODE ENFORCEMENT F.S. 1995 enforcement board. An appeal shall be filed within 30 days of the execution of the order to be appealed. Ht~t~/.--S. 1. Ch. 80-300: s. 10, Ch, 82-37; s, 3. ca. 8..5-150; s. 10. Ch. 86-~01, Nete.--FOrmer $, 166,061, 162.12 Notices.-- (1) All notices required by this part shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; or by leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. (2) In addition to providing notice as set forth in sub- section (1), at the option of the code enforcement board, notice may also be served by publication or posting, as follows: (a)l. Such notice shall be published once during each week for 4 consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county where the code enforcement board is located. The newspaper shall meet such requirements as are prescribed under chapter 50 for legal and official advertisements. 2, Proof of publication shall be made as provided in ss. 50.041 and 50.051. (b)l. In lieu of publication as described in para- graph (a), such notice may be posted for at least 10 days in at least two locations, one of which shall be the prop- arty upon which the violation is alleged to exist and the other of which shall be, in the case of municipalities, at the primary municipal government office, and in the case of counties, at the front door of the courthouse in said county. 2. Proof of posting shall be by affidavit of the per- son posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concur- rently with, or may follow, an attempt or attempts to pro- vide notice by hand delivery or by mail as required under subsection (1). Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (1), together with proof of publication or posting as provided in subsection (2), shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. Histo~f.--S. 1. Ch. 80,.,30(3: S, 11, ca, 8~-~'~01; $, 3, ch. 87-3~1: s, 10, ca. s. 6, ch. 94-291, NOle.--Fom3er $. I~.0F~?.. 162.13 Provisions of act supplementaL--It is the legislative intent of ss. 162.01-162.12 to provide an addi- tional or supplemental means of obtaining compliance with local codes. Nothing contained in ss. 162.01- 162.12 shall prohibit a local governing body from enforc- ing its codes by any other means. History,--s, 11, ch, 82-37. /~S PART Ii UPPLEMENTAL COUNTY OR MUNICIPAL CODE ( ~'~// OR ORDINANCE ENFORCEMENT PROCEDURES 162.21 162.22 Enforcement of county or municipal codes or ordinances; penalties. Designation of enforcement methods and pen- alties for violation of municipal ordinances. 162.21 Enforcement of county or municipal codes or ordinances; penalties.-- (]) As used in this section, 'code enforcement officer" means any designated employee or agent of a county or municipality whose duty it is to enforce codes and ordinances enacted by the county or municipality. (2) A county or a municipality may designate certain of its employees or agents as code enforcement offi- cers. The training and qualifications of the employees or agents for such designation shall be determined by the county or the municipality. Employees or agents who may be designated as code enforcement officers may include, but are not limited to, code inspectors, law enforcement officers, animal control officers, or flresafety inspectors. Designation as a code enforce* ment officer does not provide the code enforcement offi- cer with the power of arrest or subject the code enforce- ment officer to the provisions of ss. 943.085-943.255. Nothing in this section amends, alters, or contravenes the provisions of any state-administered retirement sys- tem or any state-supported retirement system estab* lished by general law. (3)(a) A code enforcement officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the county court will hear the charge. (b) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. if, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement officer does not have to provide the person with a rea- sonable time pedod to correct the violation prior to issu- ing a citation and may immediately issue a citation if a repeat violation is found or if the code enforcement offi- cer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. (c) A citation issued by a code enforcement officer shall be in a form prescribed by the county or the munici- palit7 and shall contain: 1. The date and time of issuance. 2. The name and address of the person to whom the citation is issued. 3. The date and time the civil infraction was com- mitted. 4. The facts constituting reasonable cause. .5. The number or section of the code or ordinance violated. 6. The name and authority of the code enforcement officer. 1206 F.S. 1995 7. TheI to pay the 8. The a to contest i 9. ThE not to con 10. A con to pay theI to appear shall be de test the citat be enteredlli maximum~ (4) Aff~l code enforc~ tion and o e enforce this sectic procedures ' including I assessed municipali under the pr nance or t~ pality esta~ section (a) That infraction.I (b) A. (c) A, alty if the p~ does not (d) ment a person an ordinal;~, (e) Fc~ (f) s~ IF,S. 1995 ~al code% or agent of a ce codes nicipality. te certain rcement offi- loyees or d by the nts who officers may i~.c. tors, law ~ficers, or enforce* ,rcement off- : ;Qcle enforce. :~-943.255. tntravenes · tirement sys- m estab. orized to oon personal le cause to ~1 infraction ,~e and that enforcement lhe person anco and which the .~ period shall inStigation, has not , a code 3 the person ~forcement With a rea- ~ior to issu- z citation if a ment esents a elfare, or ,~.e n t officer ine munici- ;on to whom Iwas com- :ause. Iordinance forcement F.S. 1995 COUNTY OR MUNICIPAL 7. The procedure for the person to follow in order to pay the civil penalty or to contest the citation. 8, The applicable civil penalty if the person elects to contest the citation. 9. The applicable civil penalty if the person elects not to contest the citation. 10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his or her right to con- test the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (4) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original cita- tion and one copy of the citation with the county court. (5) A county or a municipality is authorized to enforce codes and ordinances under the provisions of this section and may enact an ordinance establishing procedures for the implementation of such provisions, including a schedule of violations and penalties to be assessed by code enforcement officers. If a county or municipality chooses to enforce codes or ordinances under the provisions of this section, each code or ordi- nance or the ordinance enacted by the county or munici- pality establishing procedures for implementation of this section shall provide: (a) That a violation of a code or an ordinance is a civil infraction. (b) A maximum civil penalty not to exceed $500. (c) A civil penalty of less than the maximum civil pen- alty if the person who has committed the civil infraction does not contest the citation. (d) For the issuance of a citation by a code enforce- ment officer who has reasonable cause to believe that a person has committed an act in violation of a code or an ordinance. (e) For the contesting of a citation in county court. (f) Such procedures and provisions as are nodes- CODE ENFORCEMENT Ch. 162 sar,/to provide for the enforcement of a code or an ordi- nance under Ihe provisions of this section. (6) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s, 775.083. (7) The provisions of this section shall not apply to the enforcement pursuant to ss, 553.79 and 553,80 of building codes adopted pursuant to s, 553.73 as they apply to construction, provided that a building permit is either not required or has been issued by the county or the municipality. For the purposes of this subsection, "building codes" means only those codes adopted pur- suant to s. 553.73. (8) The provisions of this section are additional and supplemental means of enforcing county or municipal codes or ordinances and may be used for the enforce. merit of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this section shall prohibit a county or municipality from enforcing its codes or ordinances by any other means. I'fl~to~'y.--s. 11, crt. 89-L~8; $. 7, ctl. ~,,'2qI; $. 1444, ch, 95-147. 162.22 Designation of enforcement methods and penalties for violation of municipal ordinances,--The governing body of a municipality may designate the enforcement methods and penalties to be imposed for the violation of ordinances adopted by the municipality. These enforcement methods may include, but are not limited to, the issuance of a citation, a summons, or a notice to appear in county court or arrest for violation of municipal ordinances· as provided for in chapter 901. Unless otherwise specifically authorized and provided for by law, a person convicted of violating a municipal ordinance may be sentenced to pay a fine, not to exceed $500, and may be sentenced to a definite term of imprisonment, not to exceed 60 days, in a municipal detention facility or other facility as authorized by law. Hist~.--s. I. CD. 94-255, 1207 Chapter 2. Administration Article VI. Boards, Commissions, Committees Division 2. Code Enforcement Board ADMINISTRATION § 2-176 prudence, discretion and intelligence exercise in the management of their affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Such investments shall in all respects comply with state law regulating the investment of local government funds. (Code 1980, § 2-78) Secs. 2-114-2-135. Reserved. ARTICLE V. EMPLOYEE BENEFITS* DMSION 1. GENERALLY Secs. 2-136-2-145. Reserved. DMSION 2. OLD AGE, SURVIVORS A~ND DISABILITY INSURANCE? Sec. 2.146. Adopted. The provisions adopted regarding social security are incorporated in this division by reference and are on [lie in the city clerk's office. Secs. 2.147-2.165. Reserved. ARTICLE VI. BOARDS, COMIVi/SSIONS, COMN[iTTEES$ DMSION 1. GENEtL~LL¥ Secs. 2-166-2-175. Reserved. DMSION 2. CODE EN~FORCEMENT BOARD*' Sec. 2.176. Created. (a) There is hereby created and established the Sebastian Code Enforcement Board. The board is created and established pursuant to the authority granted pursuant to the Local Government Code Enforcement Boards .*cz, F.S. §§ t62.01 through 162.t3. *Cross reference-Personnel procedures. § 2-4. tState law reference-Social securi~ for public employees. F.S. ch. 650. .-+Cross references-Jurisdiction of the code enforcement board. § 2.178: construction board, § 26-191 et seq.; planning and zoning board, ch. 54; board of adjustment, ch. 54. *~'State law references-Code enforcement, F.S. ch. 162: code enforcement board, F.S. ~ 162,01 through 162.13, 5u.:p. No. 5 CD2:15 § 2-176 SEBASTIAN CODE (b) Those provisions of the Local Government Code Enforcement Boards Act, as set forth in F.S. §§ 162.01 through 162.13, which are not inconsistent with this division, are hereby adopted as ordinances of the city. (Code 1980, § 2-91; Ord. No. O-93-16, § 1, 2-9-94) Sec. 2-177, Definitions. The following words, tams and phrases, when used in this division, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meanin~ Board means the Sebastian Code Enforcement Board. City means the City of Sebastian, Indian PAver County, Florida. Code inspector means those employees or other agents of the city whose duty it is to enforce city codes and/or to present code violations tn the board. Code(s) means the Code of Ordinances and/or the Land Development Code of the City of Sebastian. County means Indian PAver County, Florida. Person means any individual, corporation, partnership, firm, association, legal represen- tative, trustee or receiver. Repeat violation means a violation of a provision of a code or ordinance by a person whom the code enforcement board has previously found to have violated the same provision within five years prior to the violation. Violator means the person responsible for the code violation which, in the appropriate circumstances, shall either be the perpetrator of the violation or the owner of the real property upon which the violation occurred. (Code 1980, § 2-92; Ord. No. O:93-16, § 1, 2-9-94) Cross reference-Definitions and rules of construction generally. § 1-2. State law reference-Similar provisions, F.S. § 162.04. Sec. 2.178. Jurisdiction. (a) Unless exclusive jurisdiction and authority for enforcement of the City's Code of Or- dinances and Land Development Code is expressly and exclusively granted to one of the city's other boards, commissions, committees or administrative officials, the code enforcement board shall have [the] authori~ and jurisdiction to hear and determine alleged violations of the Code 0£ Ordinances and Land Development Code of the City of Sebastian. ih) The jurisdiction of the code enforcement board shall not be exclusive, but shall be concurrent with any other board, commission, committee or administrative o£Scial charged Supp. No. 5 CD2:16 I I I I I I I i i I I I I I 'ADMINISTP~TION § 2-180 with the enforcement of the Code of Ordinances or Land Development Code of the City of Sebastian. (Code 1980, § 2-93; Ord. No. O-93-16, § 1, 2-9-94) Cross references-Puller elevations standards, § 26-1; technical code adopted, § 26-31 et seq.; electrical code, § 26-61 et seq.; energy code, § 26-111 et seq.; swimming pool code, § 26-136 et seq.; drainage requirements, §§ 26-2, 90-87; contractor licensing and regulations, § 26-161 et seq.; business license, § 30-27 et seq.; f'~re prevention code, § 42-46 et seq.; flood damage prevention code, § 46-26 et seq.; sanitary regulations, ch. 50; land development code, ch 54: mobile home anchor regulations, § 62-3; nuisances, ch. 66; solid waste, ch. 86; junk regula- tions, § 86-46 et seq.; driveway construction and repair regulations, § 90-86 et seq. I I Sec. 2-179. Membership; composition. The board shall be composed of seven regular members, and at city council's discretion, up to two alternate members. All members shall be appointed by the city council and the board shall consist, whenever possible, of the followin~ (1) One architect; (2) One businessman; (3) One engineer; (4) One general contractor; (5) One realtor; (6) One subcontractor; i i I (7) The final member, and alternates if appointed, may be any qualified resident of the city. (Code 1980, § 2-94(a); Ord. No. 0-93-16, § 1, 2-9-94) State law reference-Similar provisions, F.S. § 162.05(2). Sec. 2-180, Qualifications. Each regular member appointed to the board shall possess the Following minimum qual. ifications: I I I I I (1) (2) The architect and the engineer shall be registered under the Laws of the State of Florida regulating the practice of architecture and engineering or shall possess sim- ilar qualifications under the laws of other states or shall have actual experience deemed by the city council to be equivalent to such re~stration. The general contractor and the subcontractor shall possess a valid certificate of com- petency and occupational license, recognized and accepted under the Laws of the Slate of Florida and the codes of the city, regulating the business of contracting and, where required, state registration as a contractor, or shall possess similar qualifications under the laws of other states, or shall have actual experience deemed by the city council to be equivalent to such certification. Supp. No, 5 CD2:17 § 2-180 SEBASTIAN CODE (3) The realtor shall be licensed under the Laws of the State of Florida licensing real estate brokers as either a broker or salesman, or shall possess similar qualifications under the laws of other states or shall have actual experience deemed by the city council to be equivalent to such licensing. (4) The businessman shall be actively engaged in any lawful business within the city, or shall be an officer or employee of a business entity holding a current and valid occupational license issued by the ciW. (5) Each member shall be a resident of the city. Itt a member of the board ceases to be a resident of the city, such member shall immediately notify the city clerk of such occurrence and their membership on the board shall terminate automatically and immediately. (Code 1980, § 2-94(b); Ord. No. O-93-16, § 1, 2.9-94) Sec. 2.181. Terms of office. I I i I I I I (a) Of the reg,]l~r members initially appointed to the board: (1) Two members sh~.ll be appointed for a term of one year each. (2) Three members shall be appointed ttor a term of' two years each. (3) Two members shall be appointed for a term o[ three years each. (b) After the initial appointments, all subsequent appointments shall be made for terms of three years each. (c) In no event shall any individual who has served as a regular member of the board [or the greater of two consecutive terms or six consecutive years be reappointed to serve another consecutive term as a regular member of the board unless no other individual, who is other- wise legally qualified to serve as a regular member of the board, has filed an application, which is then still pending, with the city clerk, seeking appointment to serve as a regular member of the board. (Code 1980, § 2-94(c): Ord. No. O-91.23, § 1, 9-25-91; Ord. No. 0-93-16, § 1, 2-9-94) State law reference-Si_re_ilar provisions, F.S. § 162.05(3). Sec. 2-182. Vacancies and reappoint-meats. (a) If any member fails to at~end two of three successive board meetings, without cause. and without pr/or approval of the chairman, the board shall declare the member's o~ce vacant and the city council shall promptly fill the vacancy in accordance with the provisions o£ this section. (b) .~dl members of the board shall serve in accordance with the requirements o£ this division. The city council may suspend or remove any member, for cause, prior to the c×pira- t/on of their term. I I I I I i I ~c) Any member may be reappointed to the board in accordance with F.S. ch. 162, suluuct the limitations set forth in section 2-181. Appointments to [ill any vacancy on the b.ar(t s.~p, ,w,,, ~ CD2:18 ADMI~-N-ISTRATION § 2-187 shall be for the remainder of the unexpired term of office. Furthermore, t~wo months prior to the ex'piration of the tam of any member, or in the event of any vacancy, the city clerk shah provide the chairperson, the city manager and the city council with a copy of all pending applications for membership on the board, even if the incumbent board member intends to seek reappointment. Whenever a current or former board member is being considered for appointment or reappointmen~ to the board, the city council shall consider the number and nature of the memoranda of conflict previously filed by such person pursuant to F.S. § 112.3143. (Code 1980, § 2-94(d); Ord. No. 0-91-23, § 2, 9-25-91; Ord. No. 0-93-16, § 1, 2-9-94) State law reference--Similar provisions, F.S. § 162.05(3)(d), (e), (f). Sec. 2-183. Quorum. Four or more members of the board shall constitute a quorum. (Code 1980, § 2-96; Ord. No. 0-93-16, § 1, 2-9-94) State law reference--Sirni]az provisions,'F.S. §' 162:05(4). Sec. 2.184. Compensation. Members of the board shall serve without compensation, but may be reimbursed for such travel [expenses], mileage expenses and other per diem expenses as may be authorized by the city council and approved by the city manager, or as otherwise provided by law. (Code 1980, § 2-97; Ord. No. O-93-16, § 1, 2-9-94) State law reference--Similar provisions, F.S. § 162.05(4). Sec. 2-185. Organization. (a) The board officers shall consist of a chairperson, vice-chairperson and such other officers as the board shall deem necessary. (b) Officers of the board shall be elected by a majority vote of the membership of the board. The election shall be held at the f~t meeKug of the board calendar year when all appointed members are present. (Code 1980, § 2-95; Ord. No. O-93-16, § 1, 2-9-94) State law reference--Similar provisions, F.S. § 162.05(4). Sec. 2-186. Rules and regulations. The board may adopt such rules and regulations, as are not inconsistent with the provisions of F.S. ch. 162 or this division, for the conduct of its hearings. (Code 1980, § 2-98; Ord. No. O-93-16, § 1, 2-9-94) State law reference--Similar provisions, F.S. § 162.08(1). Sec. 2-187. Clerk. The city clerk shall appoint a city employee to be the board clerk, who shall perform the funct/ons assigned to the clerk as set forth in this division. (Code 1980, § 2-99; Ord. No. O-93-16, § 1, 2-9-94) Supp. No. 12 CD2:19 § 2~188 SEBASTIAN CODE Sec. 2-188. Legal counsel. The city attorney shall represent and be counsel to the board and attend all meetings. ' (Code 1980, § 2-100; Ord. No. O-93-16, § 1, 2-9-94; Ord. No. O-97-01, § 1, 1-8-97) State law reference--Attorneys, F.S. § 162.05(5). Sec. 2-189. Presentation of cases. A representative of the city building department shall present cases before the board. The city manager may, upon recommendation of the building official, retain a member of the Florida Bar to present cases before the board. (Code 1980, § 2-101; Ord. No. O-93-16, § 1, 2-9-94; Ord. No. O-97-01, § 2, 1-8-97) State law reference-Attorneys, F.S. § 162.05(5). Sec. 2-190. Enforcement proceduzes. (a) It shall be the duty of the code inmpector to enforce the variou~ codes and initiate enforcement proceedings before the board. No member of the board shall have the power to initiate enforcement proceedings. (b) Except as provided in subsection (d) of this section, if a violation of the codes is found, tke code inspector shall notify the alleged violator and give him reasonable time to correct the violation. If the violation continues beyond the time specified for correction, the code inspector shall notify the board and request a hearing. The board, through its clerical staff, shall schedule a hearing and written notice of such hearing shall be hand-delivered or mailed as provided in section 2-196 of this division. At the option of the board, hotice may additionally be served by publication or posting as provided in section 2-196 of this division. If the. violation is corrected and then roasts, or if the violation iz not corrected by the time specified for correction by the code inspector, the case may be presented to the board even if the violation has been corrected prior to the board hearing, and the notice of hearing shall so state. (c) Ifa repeat violation i~ found, the code inspector shall notify the violator, but shall not be required to give the violator a reasonable time to correct the violation. The code inspector, upon notLSiug the violator of a repeat violation, shall notify the board and request a hearing. The board, through its clerical staff, shall schedule a hearing amd shall provide notice in the same manner as provided in subsection 2-190(b). The case re. ay be presented to the board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. (d) If the code inspector has reason to believe a violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the Supp. No. t2 CD2:20 I I I I I I I I I I I I I I i I I I I I I I I i I I I I I I I I I ADMINISTRATION § 2-191 code inspector shall make a reasonable effort to notify the violator and may immediately notify the board and request a hearing. (Code 1980, § 2-102; Ord. No. O-93-16, § 1, 2-9-94) Sec. 2.191. Formal hes_,-img on violations. (a) Upon request of the code inspector, or at such times as may be necessary, the chair- person of the board may call a hearing. A hearing may also be called by written notice signeu by at least three members of the board. (b) Minutes shall be kept of all hearings of the board. (c) The city shall provide clerical and administrative personnel as may be reasonably required by the board to properly perform its duties. (d) The board clerk or his/her designee shall notify, in writing, the alleged violator of the time and place of the hearing. Such notice shall be provided to the alleged violator, as provided by law, in accordance with sections 2-190 and 2-196 of this division. (e) Each case before the board shall be presented by the city attorney with assistance from members of the administrative staff of the city if necessary. (fl The burden of proof shall be with the city to show, by a preponderance of the evidence, that a code violation exists and the alleged violator committed, or was responsible for com- mitting, permitting, allowing, authorizing or maintaining the violation. (g) The board shall hear the ca~es on the agenda for that day unless dismissed or with- drawn by the city or deferred or continued by the board. All testimony received by the board shall be under oath and shall be recorded. (h) All hearing~ of the board shall be opened ~o the public and any alleged violator shall be given an opportunity to be heazd. (i) The board shall first ~.ke testimony and other evidence from the code inspector. The board shall also take testimony and other evidence from the alleged violator, if, however, after receiving testimony and other evidence from the code inspector, the board does not believe that the alleged violator ha~ committed the violation, then the board may dismiss the case against the alleged violator without taking the alle~d violator's testimony. (j) Each party to the hearing shall have the right to: (2) (3) (k} ~erved Call and examine witnesses: Introduce other evidence and exhibits: Cross-examine opposing witnesses. The alleged violator may be represented by an attorney at the formal hearing. Formal rules of evidence shall not apply, but fundamental due process shall be and shall govern the proceeding. Supp. No. 5 CD2:21 § 2.191 SEBASTIA~N CODE (m) At the conclusion of the hearing, the board shall issue findings o£ fact, based solely on the evidence presented at the hearing, setting forth the specific facts which the board deter- mines to exist. The board shall also issue conclusions of law, based upon the findings o£ fact, setting forth the specific code or codes which have been violated, if any. If the board deter- mines, as a conclusion of law, that a violation exists, the board shall issue an order of enforce- ment which is consistent with the powers granted herein. If the board concludes, based upon the finding of fac~, that no violation has been committmd, an order shall be entered dismissing the city's case. (n) The findings of fac~, conclusions of law, and order of enforcement shall be by motion, approved by a majorit~y of those members present and voting, except that at least four members of the board must vo~e in order for the action to be official. The findings of fact, conclusions o£ law and order of enforcement shall be reduced to writing, by the board clerk, and shall indicate the names of the board members vot4mg upon the order and shall indicate if the individual member voted in the afl*un'native or in the negative. The written order shall be signed by the board chairman and approved as to form and content by the board attorney. (o) No board member shall vote in any case in which that member has personal knowledge of the facts of the case pending before the board when said personal knowledge, in the opinion of the board member, will negatively affect the member's ability to render a fair and impartial determination of the case. (p) Every enforcement order shall be filed in the office of the city clerk. A copy of the signed order shall be provided to the violator by U.S. Mail, postage prepaid, sent to the last known address of the violator. The city clerk shall place each enforcement order on the next city council agenda. (q) The order may include a notice that it must be complied with by a specified date.and that a fine may be imposed if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of* the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns, and the findings therein shall be binding upon the violator and, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records of the county pursuant to this subsection and the order is complied with by the date specified in the order, the board shall issue an order acknowledging compliance that shall be recorded in the public records of the county. A hearing is not required to issue such an order acknowledging compliance. ir) If the board believes that a violation presents a serious threat to the public health, safety or welfare, the board may request the city attorney to seek appropriate relief in the name of the city from the county cour~ or the circuit court. (Code 1980, § 2-103; Ord. No. O-93-16, § 1, 2-9-94) State law reference-Similar provisions, F.S. § 162.07. Sec. 2.192. Administrative fines: liens. Ia) The board, upon notification by the code inspector that an order of the board has not been complied with by the set time or. upon finding that a repeat violation has been cm Supp, No, $ CD2:22 I I I i I i I I I I I I I I I I I ADMINISTRATION § 2-193 ! ! ! mitred, may order the violator to pay a Frae in an amount specified in this section for each day the violation continues past the date set by the board for compliance or, in the case of a repeat violation, for each day the repeat violation continues past the date of notice to the violator of the repeat violation. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. (lb) Fines. I I I I (1) A fine imposed pursuant to this section shall not exceed $250.00 per day for a ~irst violation mad shall not exceed $500.00 per day for a repeat violation. (2) In determining the amount of the Fmc, if any, the board shall consider the following factors: a. The gravity of the violation; b. Any actions taken by the violator to correct the violation; and c. Any previous violations committed by the violator. (3) The board may reduce a fine imposed pursuant to this section. The board, however, shall create written criteria for the reduction of fines. Said criteria shall be adhered to when considering a request to reduce fines. I I I I [ lc) A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien ago/asr the land on which the violation ex. isis and upon any other real or personal property ow-ned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal properW, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. After three months from the filing of any such lien which remains unpaid, the board may authorize the city attorney to foreclose on the lien. No lien created pursuant to the provisions of this section may be foreclosed on rea/property which is a homestead under section 4, article X of the State Constitution. (Ord. No. 0-93-16, § 1, 2-9-94) State law reference-Similar provisions, F.S. § 162.09. I I I I I Sec. 2-193. Duration of lien. No lien provided under this division shall continue for a period longer than 20 years after the ce.,~ified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reason- able attorney's fee, that it incurs in the foreclosure. The continuation o£ the lien effected by [he commencement of the action shall nor be good against creditors or subsequent purchasers valuable consideration without notice, unless a notice o£ lis pendens is recorded. ,Ord. No. 0-93-16. § 1, 2-9-94~ State law reference-Similar provisions. F.S. § 162.10. Supp. ~'o. 5 CD2:23 § 2.194 SEBASTIAN CODE Sec. 2-194. Appeals. An aggrieved parry, including the cji;y, may appeal a final order o[ the Board to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the board. An appeal shall be filed within 30 days of the executions by the chairperson of the order to be appealed. (Ord. No. 0-93-16, § 1, 2-9-94) State law reference-Similar provisions, § 162.11. Sec. 2.195. Subpoena po~ers. The board shall have the authori~ to subpoena alleged violators and witnesses to its hearings. The c/ty, the board or the alleged violator may request that witnesses and records be subpoenaed to any emergency or formal hearing. Subpoenas shall be se~ed as allowable by law. The chairperson of the board shall provide the board clerk with sufficient signed and blank witness subpoenas ~ be provided to alleged violators and the city attorney for the purpose of subpoenaing witnesses and records. The alleged violator shall pay to the city a fee of' $12.00 for each subpoena served by the city at the request of. the alleged violator. (Code 1980, § 2-107; Ord. No. O-93-16, § 1, 2-9~94) State law reference-Similar provisions, 162.08(2), (3). Sec. 2-196. Service of notice. (a) Ail notices required by this par~ shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the city council by resolution; or by leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. (b) In addition to providing notice as set forth in subsection (a), at the option of the board, notice may also be served by publication or posting as allowable by law. (Ord. No. O-93-16, § 1, 2-9-94) Sec. 2-197. Obstructing inspector. Whoever opposes, obstructs or resists a code inspector in the discharge of any duty pro- vided in this division, upon conviction, shall be guilty of a misdemeanor of the second degree, punishable in accordance with the Laws of the State of Florida. (Code 1980, § 2-109; Ord. No. 0-93-16, § 1, 2-9-94) No. 5 CD2:24 I I I I I I I I I i I i I I I I I 8. Council Direction 5. Being no further business, Mayor Barnes adjourned the workshop at City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL/ CODE ENFORCEMENT BOARD JOINT WORKSHOP MINUTES WEDNESDAY, FEBRUARY 4, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Workshop to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan Cod~llf{>reement Bo0rd Members Present: Peter Cavallo, Alternate Thomas Connelly Ken Cosco Joseph Flescher Joseph Generazio Mack May Salvatore Neglia Michael Oliver Staff Present: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development, Bob Massarelli Building Official, George Bonacci Code Inspector, Ken Schmitt 0~~~~ Code Inspector, Randy Bonar Deputy City Clerk, Sally Maio City Counci/Code Enforcement Board Workshop February 4, 1998 Page Two 98.033 Code Enforcement Matters 2