HomeMy WebLinkAboutO-82-06ORDINANCE NO ~)~-'C
AN ORDINANCE AMENDING SECTION 2-94 OF THE
CODE OF ORDINANCES BY INCREASING THE CODE
ENFORCEMENT BOARD MEMBERSItlP TO SEVEN;
LIMITING REAPPOINTMENT TO ONE SUCCESSIVE
TERM; AMENDING SECTION 2-109 OF THE CODE
OF'ORDiNANCES BY REQUIRING VOTE OF FOUR
MEMBERS TO CONSTITUTE OFFICIAL ACTION;
AMENDING SECTION 2-104 OF THE CODE OF
ORDINANCES BY REDUCING MAXIMUM DAILY FINE
TO $250.00; PROVIDING AN EFFECTIVE DAT~;
AND SEVERABILITY CLAUSE.
BE IT ORDAINED
SEBASTIAN, FLORIDA:
BY THE COUNCIL OF THE CITY OF
SECTION I.
That section 2-94 of the Code of Ordinances, City
of Sebastian, Florida, is hereby amended to read as follows:
Sec. 2-94. Membership.
(a) Co~osition. The Board shall be composed of
seven regular members appointed by the City Council.consisting
~insofar as possible, of the following:
(1) One,architect
(2) One businessmen
(3) One engineer
(4) One general contractor
(5) One realtor
(6) One subcontractor
(7) One resident of the City of Sebastian,
(b) Qualifications. Each regular member appointed
to the board shall possess the following minimum qualifications:
(1) 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.
(2) The general contractor and the subcont'ractor
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 expe~ience deemed
by the city council to be equivalent to such certification.
(3) 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.
(4) The businessman shall be actively engaged in
~ny lawful business within the city, and shall hold a current
and valid occupational license issued by' the city, or shall
be an officer or employee of a business entity holding a current
and valid occupational license issued by the city.
(5) Each member shall be a resident of the cit'y
or own, operate or be an officer of a business with a permanent
place of business in the city.
(6) Each member shall be a resident of the State
of Florida.
(c) Term of Office. Of the re'gular members initially
appointed to the board:
(1)
term of one year.
term of
Two (.2) members shall be appointed for a
(2) Three (3) members shall be appointed for a
two, (2) years.
(3) Two (2) members shall be appointed for a term
of three (3) years.
(4) Thereafter, all appointments shall be made
for a term of three (.5)' years.
(d) Vacancies and reappointment, Any member may be
reappointed for one successive term by the City Council.
Appointments to fill any vacancy to the board shall be for the
remainder of the unexpired term of office,
(e) Removal of board members. Any board, m~mber who
fails to attend two {2) out of three (3) successive meetings
without cause and without prior approval of the chairman shall
automatically forfeit his appointment and city council shall
properly fill such vacancy. Other than as s'tated above, members
shall be removable only for cause by the city council upon
written charges and after public hearing,
SECTION II.
That section 2~103 of the Code of Ordinances, City of
Sebastian, Florida, is hereby amended to read as follows:
Sec. 2-103, Formal hearing,
(a) 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 C7) days'' written notice
of the formal hearing, unless an emergency hearing is requested
by the code inspector.
(b) 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 compliance by the time set
in the order.-The findings and order shall be by motion apl~roved
by a majority of those present and voting, except that at least
four (4) members of the board must affirmatively vote in favor
of the action for the action to be official.
(c) 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.
SECTION III.
That Section 2-104 of the Code of Ordinances, City of
Sebastian, Florida, is hereby amended to read as follows:
Sec. 2-104 Fines. The code enforcement board, upon
notification by the code inspector that a previous orde'r of
the code enforcement board has not been complied with b'y the
set time, may order the violator to pay a fine not to exceed
two hundred and fifty dollars ($250.00) per day for each
day that violation continues past the date set for compliance.
A certified copy of an order imposing a fine in a specific
amount may be recorded in the public records and thereafter
shall constitute a lien against the p~operty 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,
SECTION
This Ordinance shall take effect immediately upon
becoming law.
SECTION V,
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.
I HEREBY CERTIFY that the foregoing Ordinance was
finally passed by the City Council of the City of Sebastian
Florida.,
on the J3
Mayor; Ciffy%f Sebast' I~~ '
ATTEST:
~C'i t y C1 etrk '
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, Florida,
at *~_~_p.m., on the~~ day of~~ ,1982,
and that the foregoing Ordinance was duly passed and adopted
by the City Council of the City of Sebastian, Florida, on the
Cit)/ C~/e rk ,,