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HomeMy WebLinkAboutO-81-17 ORDINANCE NO.~~- AN ORDINANCE OF THE CITY OF SEBASTIAN CREATING ARTICLE XI OF CHAPTER 7, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN ESTABLISHING THE SEBASTIAN CODE ENFORCEMENT BOARD; PROVIDING FOR DEFINITIONS; GRANTING JURISDICTION; PROVIDING FOR ORGANIZATION, QUORUM, COMPENSATION, LEGAL COUNSEL, CLERK, AND RULES AND REGULATIONS; PROVIDING FOR COMPENSATION OF MEMBERS; ESTABLISHING ENFORCE~.~ENT PROCEDURES; PROVIDING FOR FORMAL HEARING AND HEARING PROCEDURES; CREATING ENFORCEMENT ORDERS; PROVIDING FOR SUBPOENA POWERS; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the equitqble expeditious, effective and inexpensive enforcement of the various occupational license fire, building, zoning, sign and related technical codes of the City of Sebastian will promote, protect and improve the health, safety and welfare of the citizens of the City of Sebastian; and WHEREAS, the Florida Legislature has enacted the "Municipal Code Enforcement Board Act" as part of Chapter 166, Florida Statutes (1980) enabling incorporated municipalities in the State of Florida to establish and create local code enforcement boards; and WHEREAS, the City of Sebastian desires to establish the Sebastian Code Enforcement Board to promote, protect and improve the health, safety and welfare of the citizens of Sebastian; now therefore THE COUNCIL OF THE CITY OF SEBASTIAN HEREBY ORDAINS: SECTION I. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding an article of Chapter 7, consisting of Section 7.200 through 7-216, Code of Ordinances, which said sections read as follows: ARTICLE XI. SEBASTIAN CODE ENFORCEMENT BOARD. Sec. 7-200 Code Enforcement Board Created. There is hereby created and established the Sebastian Code Enforcement Board. The Board is created and established pursuant to the authority granted in Section 166.055, Florida Statutes (1980) Sec. 7-201 Definitions. For the purpose of this Article, the following terms, phrases and words shall have the meaning given herein: (1) "Code Inspector" shall mean those employees or other agents of the City duly authorized and appointed by the Mayor whose duty it is to enforce City codes and to present code violations to the Board. (2) "Board" shall mean the Sebastian Code Enforcement Board. [3) "City" shall mean the City of Sebastian. "COdes'.' shall mean Sebastian Code of Ordinances. [5) "'Probable Cause" shall mean a reasonable belief that a code provision has been violated and that the violator committed the violation. (6) "Notification" or "written notification"' shall mean either personally serving the notice upon the person required to be notified; mailing the notice to that person by certified mail, return receipt requested; or posting the notice at the site of the violation. (7) "Violator" shall mean 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. Sec. 7-202 Jurisdiction. (A) The Sebastian Code Enforcement Board shall have the jurisdiction and authority to hear and decide alleged violations of the following codes and ordinances of the City: 1. Floor Elevation [Sec. 7-1, Code of Ordinances) 2. Building Code [Chapter 7, Article II, Code of Ordinances) 3. Electrical Code (Chapter 7, Article III) 4. Energy Code (Chapter 7, Article IV) 5. Swimming Pool Code [Chapter 7, Article V) 6. Drainage Code [Chapter 7, Article VI) 7. Flood Damage Prevention Code (Chapter 7, Article VIIi) Anchorage for Mobile Homes Code (Chapter 7, Article IX) 9. 10. 11. 12. 13. 14. Article ii) 15. 16. Article II) 17. Fire Prevention Code (Chapter 11, Article II) Sanitary Code (Chapter 13) License Code (Chapter 14) Noise Control Ordinance (Chapter 15) Sign Code (Chapter 22) Streets and Sidewalks Standards (Chapter 23, Subdivision Code (Chapter 24) Tree Protection Ordinance (Chapter 28, Zoning Code (Ordinance No. 202, and ordinances amending same.) (B) The jurisdiction of the Sebastian Code Enforcement Board shall not be exclusive, but shall be concurrent with any other board, commission, committee or administrative official charged with the enforcement of the above cited codes and ordinances. Sec. 7-203 Composition. (1) Composition. The Board shall be composed of 6 regular members appointed by City Council consisting, insofar as possible, of the following: (a) One architect (b) One businessman (c) One engineer (d) One general contractor (e) One realtor (f) One subcontractor (2) Qualifications. Each regular member appointed to the Board shall possess the following minimum qualifications: -3- (a) The architect and the engineer shall be registered under the laws of Florida regulating the practice of architecture and engineering or shall possess similar qualifications under the laws of other states or shall have actual experience deemed by City Council to be equivalent to such registration. (b) The general contractor and the subcontractor shall possess a valid certificate of competency and occupational license, recognized and accepted under the laws of Florida and the ordinances of the City regulating the business of contracting and, where required, State of Florida 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. (c) The realtor shall be licensed under the laws 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 City Council to be equivalent to said licensing, and shall hold a current and valid occupational license issued by the City of Sebastian. (d) The businessman shall be actively engaged in any lawful business within the City of Sebastian, and shall hold a current and valid occupational license issued by the City of Sebastian, or shall be an officer or employee of a business entity holding a current and valid occupational license issued by the City of Sebastian. (e) Each member shall be a resident of the City or own, operate or be an officer of a business with a permanent place of business in the City. (if) Each member shall be a resident of the State of Florida. (3) Term of Office. Of the regular members initially appointed to the Board: (a) one year. Two members shall be appointed for a term of -4- (b) Two members shall be appointed for a term of two years. (c) Two members shall be appointed for a term of three years. (d) Thereafter, all appointments shall be made for a term of three years. (4) Vacancies and reappointment. Any member may be reappointed from term to term by the City Council. Appointments to fill any vacancy to the Board shall be for the remainder of the unexpired term of office. (5) Removal of Board Members. Any Board Member who fails to attend two out of three successive meetings without cause and without prior approval of the chairman shall auto- matically forfeit his appointment and City Council shall properly fill such vacancy. Other than as stated above, members shall be removable only for cause by the City Council upon written charges and after public hearing. Sec. ?-204 Organization. (1) The Board Officers shall consist of a chairman, vice-chairman and such other officers as the Board shall deem necessary. (2) 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. (3) A member of the Board may be elected to serve as an officer without restriction as to the number of terms served. Sec. 7-20S QuoKum. Four members of the Board shall constitute a quorum. Sec. ?-206 ~pmpensation. 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 City Council and approved by the Mayor. Sec. 7-207 Rules and Regulations. The Board may adopt such rules and regulations as are not consistent with the provisions of the division or Section 166.05, et seq., Florida Statutes (1980), which the Board finds necessary to carry out the provisions of this division, subject to approval of the City Council. Sec. 7-208 Clerk and Other Board Employees. The Mayor 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 administering this division, the Board may call upon the Mayor to furnish such other City employees as may be necessary to carry on or assist the Board in performing its duties. Sec. 7-209 Legal Counsel. The City Council shall upon recommendation of the Board appoint a member of the Florida Bar, either residing or practicing in the City and/or Indian River County, to represent and be counsel to the Board and attend all meetings. The legal counsel shall be compensated as provided by the City Council. Sec. 7-210 City Attornex, The City Attorney shall represent the City and the Code Inspector(s) before the Board; shall present the City's case on all formal hearings; and shall have prosecutorial dis- cretion, including but not limited to the right to negotiate a plea with a violator and present that plea to the Board for approval, to recommend the disposition of a case to the Board, and to decline to prosecute a case, similar to the discretion exercised by the State Attorney in criminal cases. Sec. 7-211 Enforcement Procesures. (1) The Code Inspector(s) has the primary duty of enforcing the various codes and initiating enforcement proceedings before the Board. (2) If a violation of a code is found, the Code Inspector shall, unless Subsection (3) of this Section applies, notify the alleged violator of the violation and give the alleged violator a reasonable time, in light of the nature of the violation, to correct the violation. Should the violation continue beyond the time specified for correction, the Code Inspector shall request the Board Clerk to set a hearing as provided herein. (3) In cases where it reasonably appears that there is immediate danger to the life or safety of any person or property, the Code Inspector may order the violation corrected at once. Should the violation not be corrected as ordered, the Code Inspector may request the Board Clerk to set an emergency hearing. Where possible oral or written notice shall be given to the alleged violator of the time and date for the emergency hearing. However, should the Board determine that an emergency does exist, it may conduct a hearing, issue findings of fact and conclusions of law and order immediate compliance or such other or further action as the Board shall decide. Sec. 7-212 Formal Hearing. (1) When the Code Inspector sets a violation for formal hearing, the Clerk shall set a time and date for the formal hearing and notify the violator and the City Attorney. The violator shall be given at least seven days written notice of the formal hearing, unless an emergency hearing is requested by the Code Inspector. (2) At the time and place set for the formal hearing, the Board shall hear and consider all testimony offered and shall examine and consider all other evidence presented. After the conclusion of the hearing, the Board shall issue findings of fact and conclusions of law and an order commanding whatever steps are necessary to bring a violation into com- pliance by the time set in the order. The findings and order shall be by motion approved by a majority of those present and -7- voting, except that at least three members of the board must affirmatively vote in favor of the action for the action to be official. (3) In the event the Board believes that a violation presents a serious threat to the public health, safety and welfare, the Board may direct the City Attorney to seek appropriate injunctive relief in the name of the City from the Circuit Court. Sec. 7-213 Fines. The Code Enforcement Board, upon notification by the Code Inspector that a previous order of the Code Enforcement Board has not been complied with by the set time, may order the violator to pay a fine not to exceed $500.00 per day for each day that the violation continues past the date set for compliance. A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall consti- tute a lien against the property upon which the violation exists. After one year from the filing of any such lien which remains unpaid~ the Code Enforcement Board may authorize the City Attorney to foreclose upon the lien. Sec. 7-214 Hearing ProCedures. (.1) No Board members shall act in any case in which that member has a conflict of interest. (.2) Ail hearings of the Board shall be open to the public and any person whose interests may be affected by the matter before the Board shall be given an opportUnity to be heard, C3) Hearings shall be informal and need not be con- ducted according to technical rules relating to evidence of witnesses, They shall, however, be conducted in accordance with accepted parliamentary procedures relative to motions, votes and decisions. Fundamental due process shall be observed and shall govern all hearings. (4) Ail relevant evidence shall be admitted if, in the opinion of the Board, it is the type of evidence -8~ upon which reasonable and responsible persons would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objections in civil actions. The chairman may exclude irrelevant or unduly repititious evidence. {5) 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 admissible over objections in a civil action. (6) Each party to the hearing shall have the right to: (a) Call and examine witnesses. (b) Introduce exhibits. {c) Cross-examine opposing witnesses. [d) Impeach witnesses. (e) Rebut evidence. [7) The violator may be represented by an attorney at the formal hearing. (8) Ail 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. Sec. 7-215 Enforcement Orders. (1) Every enforcement order of the Board shall be final subject to the right of the aggrieved party, including without limitation the City or the violator, to appeal a ruling or order of the Board by certiorari in the Circuit Court of the Nineteenth Judicial Circuit of Florida in and for Indian River County. An appeal shall be filed within 30 days of the execution of the order to be appealed. (2) Every enforcement order of the Board shall be in writing and shall include findings of fact and conclusions of -9- law, and shall indicate the vote upon the order. (3) 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 sent by certified mail, return receipt requested, to the violator. The City Clerk shall place each enforcement order on the next City Council agenda under "board reports and minutes." (4) The Board shall in every proceeding reach a decision without unreasonable or unnecessary delay and shall, in all instances, reach a decision within 10 calendar days from the date of the hearing. (5) Ail City employees shall take prompt action as necessary in accordance with a decision of the Board. Sec. 7-216 Subpoena Powers. The City, the Board or the alleged violator may request that witnesses and records be subpoenaed to any emergency or formal hearing. Subpoenas shall be served by officers of the City's Police Department. The Chairman of the Board shall provide the Clerk with sufficient signed and blank witness subpoenas to 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. SECTION II. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held unconstitutional or invalid, for any reason, such ruling shall not affect the validity or constitutionality of any of the remaining portions of this Ordinance. SECTION III. This Ordinance shall take effect immediately upon becoming law. i HEREBY CERTIFY that the foregoing Ordinance was -10- finally passed by the City Council of the City of Sebastian, Florida, on the /~ day of~~ ,1981. Mayor, ATTEST CitY Cl~rk I HEREBY CERTIFY that Notice of Public Hearing of the foregoing Ordinance was given in accordance with Section 166.041 of the Florida Statutes, that said public hearing was held in the City Hall of the City of Sebastian, 1981, and that the foregoing Ordinance was duly passed and adopted by the City Council of the City of Sebastian, Florida, on the j~ day of,~.~~A~ , 1981. 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