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HomeMy WebLinkAboutO-86-21ORDINANCE NO. ~)-~-~l AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 2-102(b), SECTION 2-103, SECTION 2-104, AND ADDING A NEW SECTION 2-108, AND THEREBY AMENDING THE CITY CODE AS RELATING TO THE CODE ENFORCEMENT BOARD TO CONFORM WITH THE FLORIDA STATUTE AUTHORIZING CODE ENFORCEMENT BOARDS, RECENTLY AMENDED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Florida Legislature, through Chapter 86-201, effective in 1986, revised intent with respect to code enforce- ment boards, revised procedures and requirements for hearings held by said boards; notices and Orders of such voards; providing that a hearing shall be held with respect to repeated violations even if the violation has been corrected; providing for fines for repeated violations; effect and duration of liens, and WHEREAS, the City of Sebastian must revise its current Ordinance related to the Code Enforcement Board to conform with the amended Florida Statute on this subject matter, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION I That Subsection (b) of Section 2-102 of the City of Sebastian Code which currently reads as set forth in Attachment "A" is hereby amended to read as follows: "Sec. 2-102. Enforcement Procedures. (b) Except as provided in subsection (c), below, if a violation of the codes is found, the code inspector or other person listed in Section 2-108 herein, shall notify the alleged violator and give him a reasonable time to fully correct each and every violation considering the nature and extent of the violations. If any cited violation continues beyond the time specified for correction, the code inspector or Building Official shall notify the enforcement board and request a hearing. The Code Enforcement Board, through its clerical staff, shall schedule a hearing and notice' of such hearing shall be delivered as specified in section 2-108. If the violation is corrected before the date of the hearing but thereafter recurs, the case shall be presented to the Board even if the violation has been corrected prior to the Hearing, and the notice of the recur hearing shall so state." SECTION Ii That Section 2-103 of the Sebastian City Code which currently reads as set forth in Attachment "A" is hereby amended to read as follows: "Section 2-103. Formal Hearing (a) upon request of the code inspector or the building official, or at such times as may be necessary, the Chairman of the Board shall call a hearin§. A hearing may also be called by written notice signed by at least three members of the board. The City shall provide clerical and administrative assistance to the Board. (b) The Secretary to the Board shall notify in writing to the alleged violator of the time and place of the hearing and such notice shall be delivered to the alleged violator at least seven days prior to the hearing date, unless the hearing is an emergency. (c) Each case before the board shall be presented by the City Attorney or by a member of the administrative staff of the city. (d) The Board shall hear the cases on the agenda for that day. The board shall take testimony from the code inspector and the alleged violator, if 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." SECTION III That Section 2-104 of the Sebastian City Code which currently reads as set forth in Attachment "A" is hereby amended to read as follows: "Sec. 2-104. Administrative Fines; liens. (a) The Enforcement Board, upon notification by the the code inspector or buliding official that an order of the Board has not been complied with by the time set or, upon finding that the same violation has been repeated by the same violator, may order the violator to pay a fine not to exceed $250.00 for each day the violation continues past the date set for compliance or for each time the violation has been repeated. A hearing shall not be necessary for issuance of such order. A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and' upon any other real or personal property owned by the violator; and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After six months from the filing of any such lien which remains un- paid, the Enforcement Board may authorize the city attorney to foreclose on the lien. No lien may be foreclosed on homestead property under Section 4, Article X of the Florida Constitution. (b) No lien shall continue for longer than five years after the certified copy of a Board Order imposing a fine has been recorded unless within that time an action to foreclose on the lien is commenced in Circuit Court. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers without notice unless a notice of lis pendens is recorded." SECTION IV That a new Section 2-108 is hereby enacted, which new Section reads as follows: "Sec. 2-108. Notices, Service of. Ail notices required by this Chapter shall be delivered by certified mail, return receipt requested, or by hand delivery by the Sheriff's Office, Police Officer, Code Enforcement Officer, Code Inspector, Building Official, o~ his designee." SECTION V This Ordinance shall be effective immediately upon final passage by the City Council. CITY OF SEBASTIAN, FLORIDA by: ATTEST:_ X~~~ ~~ ' ~ i yor f Actlng/City Clerk I HEREBY CERTIFY that notice of a public hearing on this ordinance was duly published in a newspaper of General Circulation in the City of Sebastian, Florida; that one public hearing hereon was held in City Council Chambers at 7:00 P.M. on the i[~-~ day of ~oV~D ~'~ ,1986, after which public hearing this ordinance was duly passed by the City Council by a vote of ~ votes in favor of passage and ~ votes against passage. r - ' A~ting City Clerk ATTACHMENT "A" Sec. 2-102. Enforcement Procedures. (b) If a violation of a code is found, the code inspector shall, unless subsection (c) 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. Sec. 2-10,3. 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 v~olator shall be given at least seven (7) 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 examix~e 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 approved 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. Sec. 2~104. Fines. The code enforcement board, upon notification by the code inspector that a previous order of the code enforcement board has not been complied wit. h by 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 compl iance. 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 property upon which the violation exists. After one year from the £'.il.ing of' any such lien which remains unpaid, the code enforce- ment board may authorize the city attorney to foreclose upon the lien.