HomeMy WebLinkAbout06161993 City of Sebastian
POST OFFICE BOX 780127 [; SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
SPECIAL MEETING/WORKSHOP
CODE ENFORCF2KENTBOARD
WEDNESDAY, JUNE 16, 1993 - 5:00 P.M. - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
PURPOSE: Review Code Enforcement Board Procedures
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
PUBLIC INPUT ON AGENDA ITEMS
REVIEW CODE ENFOROEMENT BOARD PROCEDURES
(Staff Transmlttal dated 6/9/93, Torpy Letter dated
2/22/93, Various Forms, FS Section 162, Code of
Ordinances Sections 2-176 through 2-200)
6. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
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I City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: RECOMMENDATIONS
REGARDING CODE ENFORCEMENT
BOARD
Approval for Submittal By:
..----%_
City Manager ~ ~
) Agenda Number:
)
) Dept. Origin: C.o~m. unity Development
)
) Date Submitted:
)
) For Agenda Of:
)
) Exhibits:
) 1.
) 2.
) 3.
) 4.
6~.Q9/93
Various Forms
Florida Statute Chapter 162
City Code 2-176 through 2-200
(BC~
Letter dated 2/22/93 from R. Torpy
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
S~MMARY STatEMENT
The Sebastian Code Enforcement Board is created and established pursuant to
the, "Local Government Code Enforcement Board Act", Chapter 162 of the
Florida Statutes. State law requires a municipality, that has a population
greater than 5,000 persons, to appoint a seven member Code Enforcement Board.
The statute also allows the appointment of two (2) alternate members to the
board but, our current City ordinance does not provide for any suc~
positions.
INTENT - The intent of the Code Enforcement Board Act is to promote, protect,
and improve the health, safety, and welfare of the citizens of municipalities
by authorizing the creation of administration 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 enforce in a municipality, where a pending or repeated violation
continues to exist.
Page 2
!
ENFORCEMENT PROCEDURE - It is the primary duty of the code enforcemen~
inspector to enforce the various codes and initiate enforcement proceeding~
before the Board; however, no member of a board shall have the power to
initiate such enforcement proceedings.
Once a violation of the code is found, the code inspector notifies
alleged violator and gives him a reasonable time to fully correct each and
every violation, considering the nature and extent of the violations. If
violation continues beyond the time specified for correction, the cod~I
inspector requests a hearing before the Code Enforcement Board· The Board
Secretary schedules a hearing, and written notice of such hearing is
delivered or mailed (Certified) to the violator.
In the case of repeat violation, the code inspector notifies the violator but
is not required to give the violator reasonable time to correct th~
violation. The code inspector, upon notifying the violator of a repea~
violation, shall notify the Enforcement Board and request a hearing· "Repeat
violation" means a violation of a provision of a code or ordinance by
person whom the Code Enforcement Board has previously found in violation o
the same provision within five (5) years prior to the violation·
if the code inspector has reason to believe a violation presents a serio~4
threat to the public health, safety, and welfare or if the violation
irreparable or irreversible in nature, the code inspector shall make a
reasonable effort to notify the violator and may immediately notify
Enforcement Board and request a hearing·
THE BOARD PROCEDURE - Enclosed is a letter dated February 22, 1993 fro
Richard E. Torpy with an attached outline of what should be the procedure fo~
the Code Enforcement Board hearing·
EXPLANATION OF ENCLOSED FORMS ~' I
1. Door Hangers - This department has used door hangers on the most common
violations in order to advise an individual of the violation and the,
code. This type of notice is intended to be utilized in voluntary~
compliance of a violation.
Notice of Violation - This form is used in the field by the inspector
after it has been determined that voluntary compliance will not be
affective and the alleged violator must be given notice and given a
certain amount of time to correct the violation.
Violation Letter - This standard formatted letter is utilized when
notifying an individual of a violation and requiring the violation to be
brought into conformance within a certain amount of time. I
Page 3
Notice of Violation Hearing - After a person has received a notice to
correct a violation and has failed to do so in the time set forth by the
code inspector, the Board Secretary will utilize this form in notifying
the alleged violator of the proposed hearing before the Code Enforcement
Board.
Proposed Order - In order to help facilitate the Code Enforcement Board
and their motions, Mr. Torpy has prepared a formatted .order to be used
by staff in making recommendations to the Board on each specific case.
The proposed order by staff is strictly a recommendation for the Board.
ALTERNATIVES - Instead of having a Code Enforcement Board or in addition to
having a Code Enforcement Board, a municipality may utilize the citation
process that would be brought before the County court system.
This process would still require the code inspector to provide notice to the
alleged violator giving a reasonable amount of time to correct the violation
but, if the alleged violator does not correct the violation, a citation would
be issued that would be brought before the County court system. This would
be similar to a parking ticket where the alleged violator may either pay a
uniform fine or contest this citation before the judge. The Assistant City
Attorney would be reviewing the Florida Statute regarding this citation
process and will be forwarding a recommendation to the City Council.
STAFF RECOMMENDATIONS
Seating Layout. Currently, when a case and defendant is brought before
the board, the defendant must stand at the podium to present their case.
We would suggest that a table and chair be placed in the same manner as
staff's table. This should create a relaxed atmosphere.
We would recommend that the Code Enforcement Board follow the procedure
as outlined by Mr. Richard Torpy. The board should follow the proper
format for a quasi-judicial proceeding.
Staff would recommend that the City Council give due consideration to
the City utilizing the citation process in addition to the Code
Enforcement Board.
Consider soliciting proposals for legal council'to the Board.
Prior to a case being presented before the board, the Chairman should
give a verbal dissertation (informal) regarding the procedure of the
board.
RECOMMENDED ACTION
Review recommendations regarding Code Enforcement Board.
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Su,'r~
~vi~b, ou~.w,~, l~On~OA
February 22, 1993
Mr. Bruce Cooper
Director of Community Development
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978
FEE} 2 l,.j
Re:
Code Enforcement Board
Our File No. 882489.2497
Dear Bruce:
Enclosed is a copy of an outline which I have prepared for Code
Enforcement Board procedures. As I have told you in the past, I am
quite concerned with regard to the recent court rulings which
require a more rigid format for quasi judicial proceedings such as
the Code Enforcement Board. Accordingly, I have prepared the above
procedure and would request that you bring it up at the next Code
Enforcement Board meeting for their consideration. Obviously, this
procedure should come from Mr. Lulich, as the Code Board's
attorney. However, as I am concerned over the necessity for having
an appropriate procedure in place, I believe it is iD our best
interest to make the first move in getting a ne~ procedure
established.
Please call me with any questions you may have.
Sincerely,
FRESE, NASH & TORPY, P.A.
Richard E. Torpy
RET/lbg
Enclosure
II.
COD~ ENFORC.~ME..NT BOARD H~k~._IN~ PROCEDURe..
Agenda / Hearing Preparation:
A. Protect Impartiality
Package should only contain notice of hearing. No
supporting evidence is allowed in Code Board
package.
2. Board members not investigators. Judges do not
investigate, Board members are like Judges.
Note: if you have prior information about a case
that ~ou believe would cause you to loose
impartiality, you should Dot vote.
Taking Evidence: (What must be proven):
A. Witnesses testimony must be sworn. Require all witnesse~
to speak in recording system (no comments from gallery).
B. City has burden of proof. City must prove, by a
preponderance of the evidence, that:
Board has jurisdiction over the alleged violation.
a. specify City code violated; and
specify that alleged violation occurred in the
City.
Board has jurisdiction over alleged violator
a.
Was notice
violator given reasonable opportunity to
correct violation. This step not ngces~ary if
alleged violator is a repeat violator. (city
should offer into evidence a document showing
that notice was given, and to whom).
Did alleged violator correct violation in time
allowed by City. (This should be offered by
testimony of code,officer handling case). If
not corrected.
given to alleged violator and was I
Was alleged violator served a notice of
violation hearing. (This requires the City to
offer evidence that alleged violator actually
received notice of the date, time and location
of the Board hearing, as well as notice of the
alleged Code Section(s) violated. Document
should be offered as evidence.
Note: If document is offered as evidence of
above facts, it must be marked with exhibit
number.
If City fails to offer sufficient evidence of
jurisdiction over alleged violation or alleged
violator, case must be dismissed regardless of
guilt or innocence.
C. Was violation committed.
city must offer evidence, either through witness
testimony, written documents, or demonstrative (i.e.,
photos) that establi~hes:
Violation of each element of City code was
committed; and
Alleged violator committed violation. (This
may mean alleged violator owned the property
where the violation occurred, or that alleged
violator actually committed the violation, or
both.
D. Alleged violators case.
After the City presents a witness, the alleged
violator must be given the opportunity to ask the
witness relevant questions.
After the City presents its entire case, the
alleged violator must be given the opportunity to
present evidence on his/her behalf.
III. Order of Enforcement and Fine:
A. Order of enforcement.
If, after discussion, the Board finds that th~violation
did occur. An order should be entered stating the
specific facts that the Board deems to constitute the
violation.
B. Evidence as to repeat violation.
If the Board finds that a violation did occur, the City
must be given the opportunity to offer evidence regarding
repeat violations.
IV.
Fine.
Upon separate mo=ion, =he Board may impose a fine
for each day =he violation continues to exist
beyond =he time specified for correction,
forth by the Board.
Fines may not exceed $250.00 per day, except in the
case of a repea~ violation, in which case a fine
may not exceed $500.00 per day.
Form of order.
he final ~.wri==en order should be in two parts.
irs~, a fznding of viola=ion, and ~econd, =he
imposition Of a fine, if applicable.
The order should indicate =he name of each Board
member and their vote with regard to each part of
the order.
The order should be signed by %he Board chairman.
Record of Proceedings:
A. Exhibits and order.
1. All exhibits must
Exhibl~ "2", etc.
be labeled as Exhibit "1",
The original final order, and all exhibits, should
be maintained, by the Board clerk, in a separate
sub-file of the original case.
Only documents and evidence offered at the Code
Board hearing may be maintained in the proceeding
file.
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CODE ENFORCEMENT BOARD
Damien Gilliams,
Chairman
Realtor Position
Term Expires: 3/96
Henry A. Fischer,
Board Member
Realtor Position
Term Expires: 3/94
Donato Derobertis,
Board Member
Member Position
Term Expires: 3/94
George Metcalf,
Board Member
Engineer Position
Term Expires: 8/93
Joan Kostenbader,
Vice Chairman
Resident Position
Term Expires: 3/95
Louis Nicolini,
Board Member
General Contractor Position
Term Expires: 6/93
Board Member
Businessman Position
Term Expires: 3/94
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City of Sebastian
CODE ENFORCEMENT
Sir/Madam: Date
You have a [] boat [] trailer [] motorhome
parked in front of your front building line. Please relocate
to comply with City Code.
Thank you
Robert N. Nicholson
Code Enfor-c~t Officer
(" 589-55187
Recreational Vehicle (RV)
20A-5.16 (6) (a) - Any travel trailer, camper, boat, or
trailer as defined herein.
20A-5.16 (C) (4) - The recreational vehicle is located to
the rear of the front building line, and in no event less
than twenty-five (25) feet from the front lot line, or is
located wholly within a carport or garage. Notwithstanding
the foregoing sentence, with respect to locating recrea-
tional vehicles on the secondary front yard of an im-
proved corner lot, the recreational vehicle need only be
located behind the front yard setback for such improved
corner lot and need not be located to the rear of front
building line for the secondary front yard.
City of Sebastian
Code Enforcement
~ DATE.
It's That Time Again!
Section 16-2: The maintaining, using, placing,
depositing, leaving or permitting to be or
remain on any public, ol' private property of
any of the following items, conditions or
actions are hereby declared to be and
constitute a nuisance; provided, however,
this enumeration shall not be deemed or
construed to be conclusive, limiting ~
restrictive:
(11)
Growth of weeds, grass, undergrowth
or other vegetation, upon improved
real property, to a height of ten
(10) inches or more.
If you have any questions, please contact
the Code Enforcement Officer.
Robert N. Nicholson
Code Enforcement Officer
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c~ OF
SEBASTIAN
P.O. SOX 780127, SEBASTIAN. FL 32970-0127 ,
.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 i days/hours
from above date and time of this notice.
Failure to comply could result in fines not
to exceed $250.00 a day, even.~ day the
violation exists.
Served by,
Code Enforcement
Officer
589-5330
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
DATE:
REGISTERED OWNER:
CASE #
CERTIFIED MAIL
ADDRESS:
REFERENCE:
LOCATION OF VIOLATION:
DATE OF VIOLATION:
THE ABOVE DESCRIBED PROPERTY WAS OBSERVED IN VIOLATION OF THE
FOLLOWING:
CODE OF ORDINANCES (see attached)
LAND DEVELOPMENT CODE(S)
OF THE CITY OF SEBASTIAN.
TO WIT:
UNLESS THIS/THESE VIOLATION(S) ARE BROUGHT INTO CONFORMANCE WITH
THE ABOVE CITED CODES WITHIN A PERIOD OF__ DAYS, THIS MATTER WILL
BE FORWARDED TO THE CODE ENFORCEMENT BOARD.
YOUR COOPERATION IN THIS MATTER WOULD BE APPRECIATED.
VERY TRULY YOURS,
ROBERT N. NICHOLSON
CODE ENFORCEMENT OFFICER
RN/gk
ENLTTER.WP
CODE ENFORCEMENT BOARD
CITY OF SEBASTIA~
STATE OF FLORIDA
NOTICE OF VIOLATION HEARING
IN THE MATTER OF:
CASE NO.
, Alleged Violator
GREETINGS:
The Building Department of %he City of Sebastian has
previously notified you of an alleged violation of
the Code of Ordinances of the City of Sebastian. The
Building Department contends that the following violation
has reoccurred:
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 Wednesday, the . day of ... ~ ~ 2:00
P.M. at 1225 Main Street, City' Council Chambers, Sebastian,
F-~-6~ida.
YOU ARE REQUESTED to appear before the Board at that time to
answer and defend the allegations that you have violated the
above cited provisions of the Code of Ordinances 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.
THE CODE ENFORCEMENT BOARD HAS INITIATED A PROCEDURE WHEREBY
;UN ALLEGED VIOLATOR MAY WAIVE ATTENDANCE AT THE ABOVE
HEARING. 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 AND CROSS-
EXAMINE THE OTHER PARTY'S WITNESSES. SUBPOENAS ARE AVAILABLE
AT THE OFFICE OF THE CITY CLERK.
If the Board finds that you have committed a violation, it
may order immediate compliance with the Code and provide in
the order, in the event of failure to comply with the orde~"
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 any decision of the Code Enforcement Board affects you and
you decide to appeal any decision made at this meeting with
respect to any matter considered, you will need a record of
the proceedings and for such purposes, you may need to ensure
that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the
appeal is based.
(THE ABOVE NOTICE IS REQUIRED BY STATE LAW. ANYONE DESIRING
A VERBATIM TRANSCRIPT SHALL HAVE THE RESPONSIBILITY AT HIS
OWN COST TO ARRANGE TO PROVIDE THE TRANSCRIPT.)
Please be advised that the procedures of the Board are
governed by the Rules of the Code Enforcement Board and
the Code of Ordinances of the City of Sebastian. Copies of
these Rules and Ordinances may be obtained at the Office of
the City Clerk, City of Sebastian.
PLEASE GOVERN YOURSELF ACCORDINGLY.
CODE ENFORCEMENT BOARD
Boar~rk
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of this Notice of Violation
Hearing was mailed/delivered to the above named alleged
violator at the address stated below, this
, 19
By,
Address of Service:
CC: City Attorney
Board Attorney
day of
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CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
COMPLAINT NO.
CITY OF SEBASTIAN,
Petitioner,
vs.
Respondent.
FINDINGS OF FACT,
CONCLUSIONS OFLAWj AND ORDER
THIS CAUSE came on for public hearing before the Code
Enforcement Board of the City of Sebastian, on . after
due notice to the Respondent and based on the evidence presented,
the Code Enforcement Board makes the following:
FINDINGS,OF FACT
WHEREFORE, based upon the forementioned Findings of Fact, the
Code Enforcement Board makes the following:
CONCLUSIONS OF LAW
WHEREFORE, based upon the foregoing Findings of Fact and
Conclusions of Law, it is hereby ordered as follows:
Respondent shall have calendar days from the date of this
hearing to bring the property into compliance.
Upon failure of the Respondent to comply with this Order, on
or before the __ day of L . , 19 , the Code Enforcement Board
may levy a fine of up to for ever~ day the violation
continues past the date set for compliance. 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, an Order imposing a fine may be recorded in the
Official Records of Indian River County, and once recorded, SF_ALL
CONSTITUTE A LIEN against the property upon which the violations
exist and upon any other real or personal property owned by the
Respondent.
If Respondent causes a reoccurrence of the viot6tion, 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.
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The foregoing Order was moved for adoption by the Code Board
member
member
as follows:
The motion was seconded by Code Board
and, upon being put to a vote, the vote was
Chairman Damien Gilliams
Vice Chairman Joan Kostenbader
Board Member Donato Derobertis
Board Member Henry Fischer
Board Member Louis Nicolini
Board Member Wayne Tozzolo
Board Member George Metcalf
this
The Chairman thereupon declared this order duly passed and
adopted this. day of .. ,199B.
DONE AND ORDERED in Sebastian, Indian River County, Florida,
day of __, 19 .
CITY OF SEBASTIAN, FLORIDA
ATTEST:
CHAIRMAN, Code Enforcement Board
NUNC PRO TUNC
Clerk, Code Enforcement Board
I ~EREBY CERTIFY that a true and correct copy of the above and
foregoing Findings of Fact, Conclusions of Law, and Order has been
furnished by U.S. Mail to Respondent at
, this day of
, 19
Clerk, Code Enforcement Board
F~,1991
r
COUNTY OR MUNICIPAL CODE ENFORCEMENT
. CHAPTER 152
COUNTY OR MUNICIPAL CODE ENFORCEMENT
PART I LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (ss. 152-01-162-13)
PART II SUPPLEMENTAL COUNTY OR MUNICIPAL CODE OR ORDINANCE
ENFORCEMENT PROCEDURES (s. 162.21)
Ch, 162
PART I
LOCAL GOVERNMENT CODE
ENFORCEMENT BOARDS
t62.01 Short title,
162~2 intent.
162.03 Applicability.
162.04 Definitions,
162J~ Local government code enlorcement boards;
organ~-ation.
162.06 Enlorcement procedure.
1~.07 Conduct of hearing.
162.08 Powers of enlorcement boards.
th2.09 Administrative fines; liens.
162.10 Duration of lien.
162.11 Appeals.
162.12 NotiCeS.
162.13 Provisions o! act supplemental
152.01 Short titie.--Sections 162.01-162.13 may be
=led as the 'Local Government Code Enlorcement
B0~ds Act.'
~u,a~/..,--~ 1.~r,. 8B.-~lO; s. 72, c1~.8~-2~; &. 1.¢~.~2=~'.
aeln.~ · 166,051.
1~..02 lntenL--lt is the intent O! this part to pr~
mole, protect, and improve the health, safety, and wet-
t~re of the citizens ol the counties and municipalities ot
Ires state Dy authorizing the creation ol administrative
t)oards with authority to impose administrative fines and
other noncriminal penalties to provide an equitable,
expeditious, effective, and inexpensive methocl o1
enlorcing any codee end ordinances in force in counties
anti municipalities, where a pending or repeated viola*
li0n continues to exist.
am~e¢/.--~. I. ei,~. ~o-.~O;, &. 2~ er~. ~-.~7; &. 't.~. 8~'lr'n; '~-
t,~ ~-2~.
152.0~ Applicability.--
(1) Each county or municipality may, at its option,
crente or at)olish Dy ordinance local government coca
enlofcement Dcards as provided herein,
(2) A charter county, a noncharter county, or a
municipality may, by ordinance, adopt an alternate code
enlorcemant system which gives code enlorcement
boarcls or special masters designated by the local gov-
erning tx)dy, or both, the authority to hold hearings and
~ssess lines against violators o! the respective county
o; municipal codes and ordinances.
985
162.04 Definitions.~As used in ss. 162.01-16,?..13,
the term:
(1) 'Local governing body' means the governin[~
boOy of the county or muniC4pality, however OesignatecL
(2) "Code inapector~ means any authorizeci agent or
employee of the county or muniC4pality whose Outy It is
to assure r...c~e compliance.
(3) 'Local. governing t)oOy attorne~ means the legal
counselor f0'r the county or muniC~pafity.
(4) 'Enforcement board' means e local government
code enloroament board,
(5) 'Repeat violation' means a violation ol a provision
of a code or ordinance Dy a parson whom the Code
enlorCement boarcl has previously found to have vic-
lated the same provision within 5 ye~s prior to the viola-
tion.
I~,~ &,
'162.05 Local government code enforcement
boards; erganizaticm.--
(1) The local governing bociy may appoint one or
more code entoroarnent I~arcls and legal counsel 1or
the enforcement I~cerds. The local governing body oi a
county or · municipality tl~at has a population ol tess
than 5,000 parsons may appoint live-member or seven-
member co~e enlorCemant Doar0$. The local governing
body ol a county or a municipality that has a population
equal to or gre.ater than 5,000 persons must aC)poInt
seven-member code entorcement boards, The local
governing body may appoint up to two alterni~te-mem-
bers for each cocle enlorcement board to serve on the
I~:~rcl in the absence ol board members.
(2) Ivlember$ ot the enloroamant boar0s shi~ll be res-
idents o! the municipality, in the case o! municipal
enlorcement boards, or resi0ents ol the county, in the
case oi county entorcement boards. Appointments shall
be mede in accordance with appiic4~le law an~ ordi-
nances on the I:)asis ol experience or interest in the suO-
ject matter jurisdiction ol the respective cocle enlorce-
ment Doarct. The membership of each enlorcement
I:~ard shalL, whenever possible, include an architect, a
businessmarT, an engineer, a geneCal contractor, a su~-
contractor, and a realtor.
(3)(a) The initial appointments to a seven-member
code entorcement board Shall be es 1ollow$:
1. Two members appointecl for a term ol 1 year
each.
2. '[hree members appointed for a term oi 2 years
3. 'rw0 members appointed lot a term of $ years
each.
Ch. 15~
(b) The initial appointments to a five-member code
entorcernent board shall be as toliows:
1. One member appoinied tora term of 1 year.
2. Two members appointed Iora term of 2 years
each.
3. Two members appointed for a term o! 3 years
each.
Thereafter, any K)POIntment shall be made tora term of
3 years.
· (c} The local governing body of a county or a munici-
pality that has a population of lass than 5.000 persons
may reduce a seven-member code entorcement board
to five members upon the s~nultaneous expiration of the
terms of offiCe o! two members of the board.
(d) A member may be readp°~nted upon approval of
the local governing I:x:x~y.. ........ n entorce-
(e) An apl)ointment to ~lli any vacancy ~, ~
ment board shall be for the remainder of the unexpired
term o! office. If any member tails to attend'two of three
successive meetings without cause and without prior
approval of the chairman, the entorcement board shall
declare the member's office vacant., and the local gov.
eming 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.
nances for removal o! members of boards.
(4) The members of an enforcement board shall
elect a chairman, who shall be a voting member, trom
among the members of the I::~td. The presence o! four
or more members shall constitute a quorum of any
seven-member enforcement board, and the presence
pt three or more members shall constitute a quorum of
any five-member entorcement board. Members shall
serve withOUt compensation, but may be reimbursed Ior
such travel, millage, and per diem expenses as may be
authorized Dy 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 shell represent the
municipality or county I:)y presenting cases betore the
enforcement board, but in no case shall the local govern-
162.06 EnfMcement proced~e.~
(1) It shell 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 iound, the code inspector shall
notify the violator and give him a reasonable time to cor-
rect the violation. Should the violation continue beyond
the time specified for correction, the code inspector
shell notify an enforcement board and request a hearing.
The code entorcement board, through its cledcal staff,
shall schedule a headng, and written notice of such
hearing shall be hand delivered or mailed as provided in
s. 162.12 to said violator. At the option of the code
entorcement board, notice may additionally be served
COUNTY~ OR MUNICIPAL CODE ENFORCEMENT
1991
by publication or posting as provided in s. 162.12. II the
violatiOn is corrected and then recurs or il the violation
is not conrected by the time sbecilied tor correction by
the code inspector, the case may be presenled to the
enforcement board even if the violation has been cot-
rected prior to the board heating, and the nOtiCe shall so
state.
(3) If a repeat violation is tound, the code inspector
shall notify the violator but is not required to give the
lltor a reasonable time to correct the violation. The code
insbector, upon notifying the violator o! a rel~mt vio~-
tion, shell notify an entorcement board and request a
hearing. The code entorcement board, through its cle~
cai staff, shall schedule a hearing and shall pn:Mde
notice pursuant to s. 162..12. The case may be pres-
anted to the entorcement board even if the reheat viols-
tion has been corrected pnor to the board hearing, and
the notice shall so state.
(4) If the code inspector has reason to believe a vio-
lation presents a senous threat to the public health,
safety, and welfare or if the violation is irreparable or ir~e-
versible in nature, the code inspector shell make a'rea-
sonable effort to notify the violator and may immediately
noti the enforcement board and request a hearing.
162-07 Conduct of heating,--
(1) Upon request of the code inspector, or at such
other times as may be necessary, the chairman of an
enforcement board may call a hearing of an enlorcement
board; a hearing also may be called by written notice
signed by at least three members of a seven.-memt3er
enforcement board or signed by at least two mempe~s
of a five-member enforcement board. Minutes Sha~ be
kept of all hearings by each enforcement board, and
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 lor the proper bertormance
of its duties.
(2) Each case before an entorcement board shall be
presented by the local governing' body attorney or by a
member of the administrative staff of the local governing
body.
(3) An enforcement board shall proceed to hear the
cases on the agenda tor that day. All testimony shall be
under oath and shell be recorded. The enforcement
board shall take testimony from the code inspector and
alleged violator. Formal rules pt evidence shall not apply,
but fundamental due process shall be observed and
shall govern the proceedings.
(4) At the conclusion pt the hearing, the enlorce-
ment board shall issue findings of tact, based on evi-
dence of record and conclusions of taw, and shall issue
an order affording the proper relief consistent with pow-
ers granted herein. The finding shall be by motion
approved by a meiodty of those members present and
voting, except that at llast tour members of a seven-
member enforcement board, or three members of a five-
member enforcement board, must vote in order lot the
action tO be official. The order may include a notice ihal
it must be complied with by a specified date and that
986
F.$. 1991
COUNTY OR MUNICIPAL CODE ENFORCEMENT
Ch. 162
I~ne may be imposed if the order is not complied with by
sa0 date. A certified copy gl such order may De rec-
;XOed in the public records of the county
Statute ~tice to any subsequent purchasers, su~es-
~s ~ interest, or assigns if the violation ~ncerns real
~rty, eno the findings therein s~ll ~ binding u~n
~ violator and. if the vi~i~ ~n~rns re~ ~o~rty,
any subsequent purc~sem, s~essors in interest,
~gns. II an or.er is recoreed in the public records put-
.ant lo this subsection and the ~er is ~mplie~ with
Dy the Oate s~cifiee in the order, the enforcement
~ shall issue ~ groat acKnowleOgin~ c~plian~
~t ~11 ~ rear. ed in t~ pu~ic m~r~s. A ~ea~ng
~ ~t requim~ to issue suc~ an ~Oer ack~w~Oging
~n~.
~.~. t, ~ ~ ~ ~ ~. ~-~; ~ ~, ~ ~2~1: L · ~. ~t; ~
/~ ~. 1~.
162-08 Powe~ .of enforcement boardl.--Each
~Ia~mnt ~rO s~ll have the ~wer to:
(1) Adopt rules lot the c~uct of its h~ngs.
(2) SuO~na Nleged vi~s ane witnesses to its
~a~ngs. Suop~s ~y be ~wed by the s~dff of the
~nty or p~ice ~e~ment of the muni~pelity.
(3) SuO~na e~an~ lo its h~ings.
(4) Take lestim~y unOer ~.
(5) I~ue orbers ha~ng the force of law to ~mmand
w~ever steps ~e ~s~ to bnng a viol~i~ into
~n~.
~.~. 1, ~. ~ & 7. ~ ~; ~ 7. ~. ~1: · 7, ~. ~
1~ Adminis~e fines; liens.~
(1) An enlor~ment ~rd, upon notifi~ion by the
~e ins~ctor that an order of the enlor~ment
~s not ~en ~pliea with Dy the set ti~ or, u~n finM-
~ t~t a rs~ ~aMon has been ~mitted, may
~er the vi~ator 1o ~y a fine in an amount s~fi~ in
~s secti~ for ~ch day the vis.ion continues past the
~e set by the enforcement ~rM for ~mpl~ or, in
· e ~se bi a re~ violin, tor each ~ay the re.at
~tion ~ntinues p~t the ~e of noti~ to the vi~or of
ina re.at violation. If a fi~in9 of a violation or a re.at
wration h~ ~en ~e as proviMe~ in this p~, a hear-
ing s~l not ~ neces~ for issua~ of the order
~in9 the fi~.
(2Xs) A fine im~ pursuit to this secM~ shall
~t ex~e~ ~ ~r ~ay for a first viol~ion ~d ~1 not
~e~ ~ ~r gay l~ a re.at v~l~
(D) In Melermimng the a~U~CSf the fine, if any, t~
~t~ce~nt ~ ~1 consider the Iollowing lactrs:
1. The gravi~ of the vivaria;
2. ~y actions t~an Dy the vi~or to ~rrect the
~tion;
3. Any previ~s ~olations committed by the vi~a-
t~.
(c) An enforcement board may reduce a fine
~poseM pursuit to this section.
(3} A certifi~ copy of an order imposing a fine may
~ rearmed in the public re~rds and thereafter shall
~stitute a lien agmnst the land on which the viol~ion
e~sts anM up~ any other real or personal property
~d Dy the viol~. Upon ~tition to the circuit court,
such order may be enlorced in the same manner as a
court juogment by the sheriffs gl this state, including
levy against the personal property, but such order shall
not De deemed to be a court juOgment 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. After 3 months from the filing cf any
SUCh lien which remains unpaid, the enlorcement board
may authorize the local governing body attorney to fore-
close on the lien. No lien created pursuant to the provi-
sions of this part may be foreclosed on reap property
which is a homestead under s. 4, Art. X of the State Con-
stitution.
162..10 Duration of lien.~No lien provided under the
Local Government Code Enlorcemant Boards Act shall
continue for a period longer than 20 years alter 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 loreclose on a lien, the prevailing party is enti-
tled to recover all costs, including a reasonel31e attor-
ney's lee, that it incurs in the loreclosure. The continua-
tion of the lien effected by the commencement of the
action shall not be good against oreditors or suDeecluent
purchasers tor valuable consideration without notice,
unless a notice of lis pendens is recorded.
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 sppeel shall not be a heating de novo but shall be lim-
ited to appellate review of the record created before the
enforcement Do.rd. An appeal shall be filed within 30
days of the execution of the order to be appealed.
162.12 Notices.--
(1) All notices required by this part shall be proviOed
to the alleged vibrator by certified mail, return receipt
requested; by hand deliver/by the~sl~eriff or other law
enforcement officer, code inspector, or other person
designate~ by the local governing body; or by leaving
the notice at the violator's usual place of residence with
any person residing therein w~o is above 15 years of age
and inlorming such person o! the contents of the notice.
(2) In addition to providing notice as set forth in sul~
section (1), at the option of the code enforcement board,
notice may also De served by publication or posting, as
follows:
(a)l. Such notice shall be published once during
each week lot 4 consecutive weeks (four publications
being sufficient) in a newspaper of general circulation in
the county where the code enforcement board is
located. The nawspaber shall meet suc.~ requirements
as are prescribed under chapter 50 for legal and official
advertisements.
2. PrOd! of publication shall be made ss provided in
ss. 50.041 and 50.051.
987
Ch. 152
COUNTY OR MUNICIPAL CODE ENFORCEMENT
F.S. 1991
(b)l. If there is no newspaper of general circulation
in the county where the code enforcement t:~oard is
located, three copies of such notice shall be posted for
st least 28 days in three different and conspicuous
places in such county, one of which shall be at the front
door of the courthouse in said county.
2. Prool 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 mede to hand deliver
or mail notice as pm,vialed in subsection (1), together
with I:~roof of publication or posting as ~ovided in sub~
section (2), shall be sufficient to show that the notice
recluirements of this part have been met, without regard
to whether or not the alleged violator actually received
such notice.
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 goveming body from eniorc-
lng its codes by any other means.
PART II
SUPPLEMENTAL COUNTY OR MUNICIPAL CODE
OR ORDINANCE ENFORCEMENT PROCEDURES
162.21 Enforcement of county or m~nicipal codes or
ordinances; penalties.
162.21 Enforcement of county or municipal codes
or ordinances; penaltie~.--
(1) 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
enlorcement officers, animal control officers, or fire-
safety inspeclors. Designation as a code enforcement
officer does not provide the code enforcement officer
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-adminislered retirement sys-
tem or any state-supported relirement syslem esta~
lished by general law.
(3)(a) A code enforcement officer is authorized to
issue a citation to s person when. based ul~on bersonal
investigation, the officer has reasonable cause Io
believe that the person has committed a civil intraclion
in violation of a duly enacted code or ordinance and Ihal
the county court will hear the charge.
(1:)) Prior tO issuing a citation, :~ code enforcemenl
officer shall provide notice to the persOn that the I:>erson
has committed s violation of a coos or ordinance end
shall establish a reasonable time pedod within which
person must correct the violation. Such time period shall
be no more than 30 days. If, upon personal investigation,
a co~e enforcement officer finds that the Deraon has not
corrected the violation within the time period, s co~e
enforcement officer may issue s citation to the berson
who has committed the violation. A code enforcem~nl
officer does not have to provide the person with a rea-
sortable time period to correct the violation prior to issu-
lng s citation and may immediately issue a citation if
code enforcement officer has reason to believe that the
violation ~esants a serious threat to the public heallh,
safety, or welfare, or if ~ne violation is irreparable or irre.
versibis.
(c) A citation issued by a code enforcement officer
shall be in a ton'n prescribed by the county or the munici-
pality and shall contain:
1. The date end 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 commil.
ted.
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 enforcemenl
officer.
7. The procedure for the persOn to Iollow in o~er
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 tait$
to appear in courl to contest the citation, he shall be
deemed to have waived his right to contest the citation
and that. in such case, judgment may be entered
against the person for an amount up to the maximum
civil benalty.
(4) After issuing a citation to an alleged violalor,;
code enforcement officer shall deposil the odginal cita-
tion and one copy of the citation with the county cou~t,
(5) A county or a municipality is authorized 10
enforce codes and ordinances under the prO~sions pi
this section and may enact an ordinance establishing
procedures for the implementation of such provisions,
including a schedule of violations and penalties Io be
assessed by code enforcement officers. If a county o~
municipality Chooses to enforce codes or ordinances
under the provisions of this section, each code or o~di.
hence or the ordinance enacted by the county or munid.
paltry establishing procedures for implementation ci Ibis
section shall provide:
988
F.-~. 1991 COUNTY OR MUNICIPAL CODE ENFORCEMENT
Ch.
162
(a) That a violation of a code or an ordinance is a civil shall be guilty of a misclemeanor of the second degree,
inlraction, punJshaDie as provictecl in s. 775.082 or s. 775.083.
() P Y
b A maximum civil enalj not to exceed ~[x500 (7) The provisions ct tl3is sect on shat not apply Io
(c) A civil penalty ct less than the maximum civil pen. me.. ,e. ntorcement pur.sua, nt to ss. 5.53.79..a~i.~553.80 of
..... DUllolng co~3es aoop(ec pursuant to s ~3;~/;~ as they
aJty if the person who has commlttecl the civil ~ntractlon .......... .-' .... ' ..
,~,'~ nol ,'-,',nte'~t the citation appw [o cons[ruction, provlaeo Thai a Du.mng permit
""~. ~ _ ".'" ," . '.. :. _ . . either not recluire0 or has been issued by the c~unty or
(ct flor [ne issuance Ol a mTailon Dy a cooe enlorce* the municipality. For the purposes of this subsection,
ment officer who has reasonable cause to believe that 'building coaes' means only those codes adopted pur-
person has committed an act in violation of a code or suant to s. 553.73.
an ordinance. (8) The provisions of this section are additional
(e) For the contesting of a citation in court, supplemental means of entorcing county or municipal
county
Cf) Such oroceOures ancl orovisions as are neces- codes or ordinances and may be used lot the ento~ce-
' ' . - - - merit of any code or ordinance or lot the entorcemant
sa~y to prowOe tot the enlorcemenl of s cocie or an ord,- f ii ...... ' .........
nonce un0er the nrovlsions nf this ,=~ntinn O a coaes ana ora,nonces. NOthing contlunao in
.... " _ ..T... '." ...... , ~ section shall Drohil3it ii county or municipality lrom
jo] Any person wno WllllUlly reluses to sign aha entnrcinn it~ ~¢~J~ nr n~,Hinnn~Ja~ hunnv ~tl-~r
-----t a citation issu ........................... ~' ..................... ~ '"~ .............
ac.~p ~ uy a r..~ge Cnlorgelm~rlt onlcer ~,~,--,, 11, Ce,, ~JJ-2~a,
989
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ADM/NISTRATION
8 £-176
PrUdence, discretion ~nd Lute~gence ~e = ~e =~me~t of ~ ~s, =or for
~e~l~on, but ~or ~v~~ ~~g ~e p~b~le ~e~ of ~ ~pi~ ~ w~ ~ ~e
probable ~me ~ ~ d~ved. Su~ ~v~en:s sh~ ~ ~ r~ ~mp]y ~ ~ ~w
re~g the ~ve~en: of ~o~ ~~ent f~.
(Code 1980, ~ 2-78)
Sees. g-l14--g-135. 1;:Le~ervecl.
ARTICLE V. EM~LO~ BENEFITS'
DIVISION 1. GENEP~AT.~.Y
Sec~. 2-1S6-g-145. P,~serve~L
DIVISION 2. OLD AGE, SURVIVORS AND DISABII2TY INSURANCEi
Sec. ~-146. Adop~e~L
The provisions adopted regar~ social security are incorporate~ in ~ division by
reference and are on file in the city clerk's of 6ce.
Secs. g-14?--g-165. ReservecL
ARTICT.~ VI. BOARDS, COId3V]/SSIONS, CONiM/TrEES$
Secs. ~-166-2.175. Reserved.
DMSION 1. GENERALLY
DMSION 2. CODE ENFORCEMENT BOARD**
Sec. 2-176. Created.
(a) There is hereby created and established the Sebastian code enforcement board. The
board i.~ created and established pursuant to the authority granted pursuant to the LocaJ
Government Code Enforcement Boards Act, F.S. 88 162.01 through 162.13.
*Cross reference-Personnel procedures, 8 24.
TState law reference-Social security for public emplo~vees, F.S. ch. 650.
*Cross references--Jurisdiction of the code enforcement board, 8 2.178; construction
board, 8 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. §8
162.01 through 162.13.
CD2:15
§ ~-176
.~EBAETLt~ OODE
~b) Those proviaions of the Lo=al Government Code Enforcement Board~ Ac~, a~ se~ forth
in F.$. §§ 162.01 thro$162.13, which are not incons~-t, ent wdth f~ dix6aio=, are hereby
adopted as ordinances of the =ity.
(Code 1980, § 2-91)
Se~-. 2-177.
The following words, ~ and phrases, when used in thiz division, shall have the mea~-
/ng~ ascr/bed to thegn in thiz section, ~t where the context clearly/ndicates a different
m~
.~oard mea~ the Seha~-~ ~te enfor~nent board.
Code turpe, cWr mean~ those- employees or other agentz of the dry'whose duty it/s to
enforce dry. codes and to present code violations to the hoard.
Code~ means the Code of Or~;-~ces and the Land Development Code of the city.
Repeat v/o/at/on me~-= a v/olat/on Of a proviz/on of a code or ordinance by a person whom
the code enforcement Board has previoualy found to h~ve violated the same prov/aion within
five years prior to the violation.
V'wlator mez~ the person respo~ble for the code violation which in the appropriate
ch-~ces ahal] either be the perpetrator of the v/olation or'the owner of the real property
upon which the violafio= occurr~
(code 1980, § 2-92)
Cross referenee-De6~itions and rules of construct/on generally, § 1-2.
State law reference-$/m/lar prov/sions, F.S. § 162.04.
Sec. 2-178. Jurisdicfiox~
zlleged
(1)
(2)
(4)
(7)
(9)
(10)
The code enforcement board shall have jurisdiction and authority to hesr and decide
violations of the following codes and ord/nances of the CIW:
Floor elevation, se~on 26-1;
Technical codes, section 26-31 et seq.;
Dra/nage, sections 26-2, 90-87;
Electrical code, s~ctien 26-61 et seq.;
Energy code, section 26-111 et seq.;
Sw~i,~g pool code, section 26-136 et seq.;
Contractors, section 26-161 et seq.;
License code, sec/ion 30.26 et seq.;
F/re prevention code, section 42-46 et seq.;
Flood damage prevention code, section 46-26 et seq.;
cD2:16
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ADMINISTi%AT] ON
§ ~-179
(11) Sanitary regalations, ch. 50;
(12) La~d development code, r~ 54;
(13) Mob/le home anchorage, section 62-3;
(14) Nuisance~, ch~ 6B;
(15) Garhaga, refuse and j,,~ c~ 86;
(16) Dr/veway construction and repair, section 90-86 et seq.;
or any other provision of t~e Code as allowable pursuant to F.S. ch. 162, and any rules or
regulations adopted thereunder.
~) The jurisdiction of the code enforcement board shall not be exclusive, but shall be
concurrent with any other boarcl, co~nrni~'.ion, co,,~ttee or adminism-ative of Scial charged
with the enforcement of the codes and or'in-rices c/ted in this section.
(Code 1980, § 2-93)
Cross re~eremoes-PuI]~ elevations standards, § 26-1; technical code adopted, § 26-31 et
seq.; electrical code, § 26-61 et seq.; energy code, § 26-111 et seq.; swimm/ng pool code, § 26-136
et seq.; clr~i~age requirements, §§ 26.2, 90.S?; contractor licenaing and regulations, § 26-161
et seq.; business license, § 30-27 et seq.; fire prevention code, § 4~-46 et seq.; flood damage
prevention code, § 46-26 et seq.; _~itary reg,~l~ons, c~. 50; l~,~d development code, ch. 54;
mobile home anchor regulations, § 62-~; nu/sances, ch. 66; solid waste, ch. 86; junk regula-
tiolus, § 86-46 et seq.; driveway construction' and repair regulations, § 90.86 et seq.
Sec. 2-179. Membership; composition.
The board shall be composed of seven regular members appointed by the city council
consisting, insofar as possible, of the followin~.
(1) One architect.
[2) One businessman.
(3) One engineer.
(4) One general contractor.
(5) One realtor.
(6) One subcontractor.
(7) One resident of the city.
(Code 1980, § 2-94(a))
State law reference-Si~z-ilar provisions, F.S, § 162.05(2).
CD2:17
§ R-180
SEBASTIAN CODE
S~. 2-180. Qualifications.
l~.ach reg-l-~ member appointed to the board shall posses.~ the followiz~ minimu~n quid-
(1) The archit~ m~d the engineer shall be registered under the law~ o£ Florida regu.
lating the practice of archi~ and engineering or shall possess s/m/lar qual/fica.
tions under the law~ of other states or shall have actual experience deemed by the city
(~) ~9~e ~eneral ~~r an~ the mzbco~t~ac~or
-,,d the o~e~ o£ the ,~ re~F~l~bb4~ the b.,~e.~ o~ ~o.,tra~bb~ ~n,t. ~here
(8) ~e re~lto~ r~ be li~ u~d~r the
eithe~ ~ broker or m~le~s~ or ~'~ll )x~mee~
~ officez or emploTee of a b~ enl~-y hokli~
(~) ~ar~ me~be~ ~ll be a re. klear oF the ~itT. IF a ~ o~ ~e ~ ~e~ ~ ~ a
~e ~ o~ ~e~.
(OoZe 1980, ) ~-~))
Sec_ 2-18L Terms of office.
(a) Of the reip,l-* members initially appointed to the board:
(1) Two member~ shall be appointed for a term of one year.
(2) Three member~ shall be appolnte~ for a term of two years.
(3) Two members shall be appointed for a term of three years.
(b) After the initial appointments, all subsequent appointment~ shall be made for terms
of three years.
(c) In no event shall lmy individual who has served as a regular member oi' the board for
the greater of two consecutive terms or six consecutive year~ be reappointed to serve another
consecutive term as a regular member of the board unless no other individual who is otherwise
legally qualified to ser~e as a regular member of the board has filed a~ application with the
CD2:18
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ADM/]~STRA~0N
2.185
city clerk, which is then still pending, seeking appoin:ment ~o serve as a re~,l-~ member of
the board.
(Code igso, § 2.94(c); Or& No. 0.91.22, § 1, 9.25.91)
State law refere~xce--~i~-;1,~ provisions, F.S. § 162.05(3).
Sec. 2,-182. ~amcies and reappo~.tments.
Any member may be reappoizaed to the board in accordance with F.S. ch. 162, subject w
the limitations set forth in section 2-181. Appointrneats to Efll any vac~n~ shall be for the
remainder of the unexpired ~ of office of the vacated board seat being .Etlled by the appoint.
mont. Furthermore, ~o months prior to the expiration of the term of any member, or in the
event of any vacancy, the ~i~y ;-lerk shall provide the chairperson, the ciry mimager and the
city cotmcil with a copy of all pemding applicafio~ for membership on the board, eve~ if the
incumbent board member iate~cls to seek reappoinianent. V~'nenever a current or former board
member is bein~ considered for appoi~tanent or reappoin~me~t to the board, the city council
sh.l~ consider the =tuBer a~d ~mre of the memoranda of conflict previously filed by such
person pursuant to P.S. § 112.3143.
(Code 1980, § 2-94(d); Ord. No. O-91-23, § 2, 9-25-91)
State law referen~e-Si,.il.~ provisions, F.S. § 162.05(3)(d), (e).
Sec. 2.18.% Quorm-
Fou~ members of the board shall constitute a ~o~.
(Code 1980, ~ ~96)
State law ~e~ce-S~ pro~io~, F.S. f 162.05(4).
Sec. 2-184. Compensatio~
Members of the board shall serve without compensation, but may be reimburred for such
travel expenses, mileage expenses and other per diem expenses as may be authorized by the
c/ty council and approved by the dry manager.
(Code 1980, ~ 2.97)
State law reference-Similar provisions, F.S. § 162.05(4).
Sec. 2.185. Org-~!~atio~
(a) The board officers shall consist of a chairmsn, vice-chairman 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 at the first
meeting after their initial appointment and annually thereafter.
(Code 1980, § 2-95)
State law reference-Similar provisions, F.S. § 162.05(4).
CD2:19
§ 2-3~86
SEBASTIAN OODE
Sec..~lSG. C'tmirperson~ ~ud vi~ereons.
~;~enever possible, ~e ~~ 's~ ~ ~e ~o~ or ~~on of ~e
bo~d s~ ~ve ~ ~ ~ ~ a ~,ln~ m~ of ~e bo~d ~d ~ ~ve a~ded
at 1~ 90 ~t of ~e m~ of ~e bo~d ~ w~ ~ m~ w~ not o~e~e
m~.
Sec. ~*157. Remo~ai of board:members.
Any board member who fails to ala~md two out of three successive meetings withoat cause
and without prior approval of the chairman shall automatically forfeit his appointment and
the city council shall properly fill such vacancy. Other than as staved in this sectiov~ members
shall be removed o~ly for cause by the city council upon w~it:ten char~v.s ~md sf~r public
hearing.
(Code 1980, § 2.94(e))
Sm~e law re. fer~mee--Remov~ F.S. § 162.05{3)(D.
Sec. 2.158. Rules and regulations.
The board ~sy adopt such rules aud regulations az are not inconsistent with the provi-
sions of F.S. ch. 162. Rules proposed by the board shall require approval by the city councE, by
resolutio~ in each case.
(Code 1980, § 2-98)
State law re~erenoe--Simil-~ provision, F.S. § 162.0B(1).
Sec. 2-189. Clerk and other board employees~
The city ~ shall appoint a city employee to be the board clerk, who shall perform
the functions assigned to the clerk as set forth in this division. For the purpose of admini~
tering this c~vision, the board may call upon the ciW manager to furnish such other city
employees az may be necessary to carry on or assist the board in performing its duties.
(Code 1980, '§ 2-99)
Sec. 2.190. Legal counsel
The city council shall upon reco,~r-endation of the board, appoint a member of the Florida
Bar, either residing or practicing in the city and/or the county, to represent and be counsel to
the board and attend all meetings. The legal counsel shall be-compensated es provided by the
(Code 1980, § 2-100)
State law reference-Attorneys, F.S. § 162.05{5).
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ADMINISTEATION
Sec. 2-191. Cit~, attorney.
The ciG' aV~orney shall represent the city and the code inspecWrs before the board; shall
present the ni~'~ case on all forms] hearing~; and shall have prosecu~orial discre:ion, in-
clucling, but not limited Ia, the right to negotiate a plea with a violator and present that plea
to the board for approval; ~o recommend the disposition of a case to the board; and to decline
~o prosecute a case, similar to the dis:retion exercised by the state attorney in criminal cases.
(Code 1980, §
State law refereoee-Attorneys,
Sec. ~,-19~. Enforcement procedm~s.
(,~) The ~&e ~~ ~ ~e p~ du~ of ~o~g ~e v~o~ ~d~ ~ ~~g
~o~t pr~~ ~o~ ~e b~
~) ~pt ~ p~d~ ~ sub~on (c) of ~ se~on, ~ a ~o~on of ~e ~des ~ found,
~e ~de ~r or o~ ~ ~ ~ se~on 2-198 ~ no~ ~e ~e~ ~ola~r
~ve ~ a r~le ~e ~ ~y ~ ~ ~ ~ ~o~on, ~d~g ~e na~e
~d ~t of ~e ~o~. ~ ~Y ~ ~o~on ~n~u~ ~ond ~e ~e ~ed for
h~g ~d n~ of ~ h~g ~ ~ ~~ ~ ~~ ~ s~on g-198. ~ ~e
~o~on ~ ~~ ~d ~ ~, or ff ~e ~o~on is not ~~ ~ ~e ~e
for ~on ~ ~e ~e ~:, ~e ~ ~y ~ p~ ~ ~e ~or~t b~ ev~
~ sm~.
(c) If ~e ~de ~r h~ r~on ~ ~e a ~ola2on pres~ a serous ~t ~ the
pubic heMth, s~e~ ~d welf~e or ff ~e ~ola~on ~ ~ep~le or ~ble ~ nature, the
code ~spe~r sh~ ~e a r~onable effo~ ~ no~ tbe ~o~r ~d may ~me~ate]y
~e ~o~ement bo~d ~d reques: a h~ng.
(~de 1980, ~ ~-10~)
Sec. ~-193. Formal hearing on violations.
(a) 'Upon request of the code inspector or the building official, or at such times as may be
necessary, the chairman of the board may call a hearing. A hearing may also be called by
written notice signet1 by at least three members of the board. The city shall provide clerical
and a&mlnistrative assistance to the boarcL
Cb) The secretary to the board shal~ notify in writing to the alleged violator the time and
place of the hearing. Such notice shal~ be delivered to the alleged violator at least seven days
prior to the hearing date, un]ess the hearing is an emergency.
(c) Each case before the board shal~ be presented by the city attorney or by a member o£
the administrative rmff of the city.
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§ 2-193
SEBASTIAN CODE
(d) The board zh~,11 hear the cases on the agenda for that flay. The board shall take
testimony from the code inspector and the alleged violator, ir he is present.
(e) 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 circuit court.
(Code 1980, § 2-103)
Sec. 2-194. .~rl,~i,,i~rative fines; liens.
{a) The enforoement board, upon notification by the code iuspector or building official that
an order of the board has not been complied with by the ~,-e set, or upon finding that the same
violation h~, been repeated by the same ~iolater, may order the violater to pay a fine not to
~ $250.00 for ~,h day the violation h~- been repeate& A hearing shall not be necessary
for is~,s,~ce of such order. A c~ified copy of an order imposing a fine may be recorded in the
public records and thereafter shsll constitute a hen agsi~ the l~nd on which the violation
~i.ts and upon any other real er personal property owned by the violator; anfl such order may
be enforced in the same mermer as a courtjudl~ne~t by the sheriffs of this state, including lev~'
ag~i,~ perso~sl property, but ~hs,ll llot be deemed to be a court judgmont except for enforce-
ment purposes. After six months from the I~li~ of ~.lly such lien which rer~i~ unpitid, t~le
enforcement board may authorize the city attorney to foreclose on the lien. No lien may he
foreclosed on homestead property under section 4, article X of the Florida Constitution.
Co) No~li~.~d~ 11 ??~.~._~ r~. l~.o~r ths~ive Yea~. after the certified copy of a board
order imp~ing & fine has been recorded unless within~t time an action to foreclose on the
lien is commenced in circuit court. The cont~uation of the lien effected by the commencement
of the action shall not be good ag~i~; cre~ditors or subsequent purchas~.~)s without notice
Sec. 2.195. Hearing procedures.
(a) No board members shall act in any case in which that member Bas a conflict of
Co) All hearings of the board shall be open to the public and any person whose interests
may be affected by the matter before 4;he board shall be given an opportunity to be heard.
(c) Hearings shall be informs] and need not be conducted according to technical rules
relating to evidence of witnesses. They shall, however, be conducted in accords.ce with ac-
cepted parliamentary procedures relative to motions, votes and decisions. Fundamental due
process shall be observed and shall govern all hearings.
(d) All relevant evidence shall be admitted if, in the opinion of the board, it is the type of
evidence upon which reasonable anfl responsible persons would normally rely in the conduct
of business ~'airs, regardless of the existence of any common law or statutory rule which
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ADM/NISTRATION
§ 2-196
might make such evidence inzdrni~sible over chjectiens in civil actions. The chairman may
exclude irrelevant or unduly repetitiens evidence.
(e) Hearsay evidence may be accepted for the purpose of supplementing or explaining any
direct evidence, but such hearsay evidence shall not in and of itself be considered sUfficient to
support a finding or decision unless the evidence would be adr~iseible over objections in a civil
action.
(D Each party to the hearing sb~]~ have the right to:
(1) Call and e~,~e w~tnesses.
(2) Introduce ex'bits.
(3) Cross-examine opposing witnesses.
(4) Impeach witnesses.
(5) Rebut evidence.
(g) The violator may be represented by an attorney at the formal hearing.
(h) All testimony before the board shall be under oath and shall be recorded. The violator
or the city may cause the proceedings to be recorded by a certified court reporter or other
certified recording instrument.
(i) The burden of proof shall be with the city to show by the greater weight 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 or knew or should
have known that a violation of a provision of a code existed.
(Code 1980, § 2-105)
Sec. 2-196. Enforcement orders.
(a) Every enforcement order of the board shall be final, subject to the right of the ag-
grieved party; including without limitation the city or the violator, to appeal a ruling or order
of the board to the circuit court of the nineteenth judicial circuit of Florida in and for the
county. An appeal shall be fried within thirty days of the execution of the order to be appealed.
(b) Every enforcement ordar of the board shall be An writing and shall include findings of
fact and conclusions of law, and shall indicate the vote upon the order.
(c) Every enforcement order shall be signed by the chairman and shall be filed in the office
of the city clerk. A copy of the signed order shall be provided to the violator. The city clerk shall
place each enforcement order on ~he next c~ty council agenda under '%card reports and minutes."
(d) The board shall in every proceeding reach a decision without unreasonable or unnec-
essary delay end shall, in all instances, reach a decision within ten calendar days from the date
of the hearing.
CD2:23
§ 2-196
SEBASTIAN CODE
(e) All city employees shall take prompt act/on as necessary in aceor~ce with a decision
of the bca-~
(Code 1980, § 2~106)
Sec. 2-197. Subpoen~ power~
The code enforcement board shall have the authority to subpoena alleged violators and
witnesses to its hearings. The dry, the board or the alleged violator may request that wit.
nesses and re~r~ be subpoenaed to any emergency or formal hearing. Subpoenas shall be
served by officers of the city's poi/ca deparix~ant. The chairman of the board shall provide the
clerk with su~ciont signed and bl,~ witness subpoenas to be provided to alleged violators
and the c/ty attorney for the purpose of subpoenaing witnesses and records. 'The alleged
violator sh~]l pay to the city a fee of $12.00 for each subpoena served.
(Code 1980, § 2-107)
Sec. ~-198. Service of notice.
(a) All notices required By *hi, d/vision shall be delivered by certified ~n.;1, retur~ receipt
requested, to the alleged ~dolator, or by hA,~d delivery by the sheriffs offica, police officer, code
enforcement officer, code inspector, builai,~g official or his designee, to the alleged violator or
to some person of the alle~ violator's f~ily who/s above 15 yeays of age and infor/~aing such
person of the contents of the notice, at the usual residence of the alleged violator.
(b) At the option of the code enforcement beard, notice may slso be provided by publica-
tion once during esmh week for four ceneecut/ve weeks in a newspaper of general circulation
/n the county that meets all the requ/remente presc~bed in F.S. ch. 50 for legal and official
advertisements. Proof of publication sh~ll be as provided in F.S. §§ 50.041 and 50.051.
(c) Notice by publication may run concurrently with, or may foIlow, an attempt or at.
tempts to provide notice by mail or hand delivery. Evidence that an attempt has been made to
hand deliver the notice or to mail the notice as specified in thi~ sect/on, together with proof of
publication, shaU be sufficient to show that the notice requirements of F.$. § 162.12 have been
met, whether or not the aUeged violator actnaUy received the notice.
(Code 1980, § 2-108)
State law reference-Similar provisions, F.S. § 162.12.
Sec. 2-199. Obstructing !~tor.
Whoever opposes, obstructs or re~sts any cade/nspector, the bu/lding official, or the city
manager in the discharge of any duties as provided in this division, upon conviction, shall be
guilty of a misdemeanor of the second degree, punishable as provided by the genera] law of the
state.
(Code 1980, § 2-109)
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ADM]INISTRATION
§ 2-200
Sec. 2**200. Immux~tln
Any person authorized to discharge any duties as provided in this division shall be ira-
mu_ne from prosecution, civil or ca4mina3~ for reportable, good faith trespass upon real property
while in the discharge of the duties imposed by this d/vision.
(Code 1980, § 2-110)
CD2:25