HomeMy WebLinkAboutO-89-05ORDINANCE NO. 0-89-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE CODE ENFORCEMENT
BOARD; AMENDING THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; AMENDING SECTION 2-91 TO PROVIDE AUTHORITY
FOR THE CREATION OF A CODE ENFORCEMENT BOARD AND
ADOPTING THE LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS
ACT; AMENDING SECTION 2-92 PERTAINING TO DEFINITIONS;
AMENDING SECTION 2-102 PROVIDING FOR ENFORCEMENT
PROCEDURES FOR RECURRING VIOLATIONS; AMENDING SECTION
2-102 AMENDING PROCEDURES FOR BOARD NOTIFICATION IN THE
EVENT THAT A VIOLATION CAUSES A SERIOUS THREAT TO THE
PUBLIC HEALTH, SAFETY, AND WELFARE; AMENDING SECTION 2-
103 REGARDING PROCEDURES FOR THE CALLING OF A HEARING;
AMENDING SECTION 2-104 TO CORRECT SCRIVENER'S ERROR;
AMENDING SECTION 2-105 TO CREATE A NEW SUBSECTION
PERTAINING TO THE BURDEN OF PROOF IN A HEARING;
AMENDING SECTION 2-106 CONCERNING APPEAL PROCEDURES;
AMENDING SECTION 2-106 AS IT PERTAINS TO THE DELIVERY
OF ENFORCEMENT ORDERS TO VIOLATORS; AMENDING SECTION 2-
107 TO GRANT THE BOARD SUBPOENA POWERS; AMENDING
SECTION 2-108 AS IT PERTAINS TO THE PROCEDURES FOR
SUBSTITUTE SERVICE; CREATING A NEW SECTION PROVIDING
PENALTIES FOR OBSTRUCTING A CODE ENFORCEMENT OFFICER IN
THE PERFORMANCE OF HIS DUTIES; CREATING A NEW SECTION
PROVIDING IMMUNITY FROM PROSECUTION FOR TRESPASS UPON
PRIVATE PROPERTY; PROVIDING FOR REPEAL OF ORDINANCES
AND PARTS OF ORDINANCES iN CONFLICT HEREWITH;
PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, it is the desire of the City Council of the City of
Sebastian, indian River County, Florida, to amend its Code of
Ordinances as it pertains to the activities of the Code
Enforcement Board to reflect the Florida Legislature's amendments
to the Local Government Code Enforcement Boards Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. AUTHORITY.
Section 2-91 of the Code of Ordinances of the City of Sebastian
is hereby amended to read as follows:
"There is hereby created and established the Sebastian
Code Enforcement Board. The Board is created and
established pursuant to the authority granted ~m See~em
~66=8§57 F~e~a S~a~es ~988~pursuant to the Local
Government Code Enforcement Boards Act codified as Sections
162.01 throuqh 162.13, Florida Statutes (1987).
Those provisions of the Local Government Code
Enforcement Boards Act, as set forth in Chapter 162, Florida
Statutes (1987), whi~.~ .are not inconsistent with Article V
of Chapter 2 of the Code of Ordinances of the City of
S~ebastian, are hereby adopted as Ordinances of the City,@~
Sebastian."
SECTION 2. DEFINITIONS.
Section 2-92 of the Code of Ordinances of the City of
Sebastian is hereby amended to read as follows:
"For the purpose of this Article, the following terms,
phrases and words shall have the meaning given herein:
Board shall mean the Sebastian Code Enforcement Board.
City shall mean the city of Sebastian.
Code inspector shall mean those employees or other
agents of the city ~-~H~~-~-~i~Fc~c~-b~-~
m~ whose duty it is to enforce city codes and to present
code violations to the board.
Codes shall mean ~e~~-~'~e--e~-~i~a~es~. ~he
Code of Ordinances and the Land Development Code of the City
of Sebastian.
Probable cause shall mean a reasonable belief that a
code provision has been violated and that the violator
committed the violation.
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."
SECTION 3. RECURRING VIOLATIONS.
Subsection (b) of Section 2-102 of the Code of Ordinances of
the City of Sebastian is hereby amended to read as follows:
"(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 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 and then recurs or the
violation is not corrected by. the time specified for
correction bv the code inspector, the case ~ay be presented
to the enforcement board even if the violation has been
corrected prior to the board hearinq, and notice shall so
state."
SECTION 4. CALL OF HEARING ON SERIOUS VIOLATION.
Subsection (c) of Section 2-102 of the Code of Ordinances of
the City of Sebastian is hereby repealed in its entirety and a
new Subsection (c) created to read as follows:
"(c) If the code inspector has reason to believe a
violation presents a serious threat to the public health~
safety, and welfare or if the violation is irreparable or
irreversible in nature, the code inspector shall make a
reasonable effort to notify the violator and may immediately
notify the enforcement board and request a hearing."
SECTION 5. CALLING OF HEARING.
Subsection (a) of Section 2-103 of the Code of Ordinances of
the City of Sebastian is hereby amended to read as follows:
"(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 signed by at least
three (3) members of the board. The city shall provide
clerical and administrative assistance to the board."
SECTION 6. ADMINISTRATIVE FINES; LIENS.
Subsection (a) of Section 2-104 of the Code of Ordinances of
the City of Sebastian is hereby amended to read as follows:
"(a) The enforcement board, upon notification by the
code inspector or building 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 two hundred fifty dollars ($250.00) for each day the
~i~~ 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
~h~~s 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 (6)
months from the filing of any such lien which remains
unpaid, 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.
SECTION 7. BURDEN OF PROOF.
A new Subsection (i) of Section 2-105 of the Code of
Ordinances of the city of Sebastian is hereby created to read as
follows:
"(i) The burden of proof shall be with the Cit~ t_qo
show by the greater weight of the evidence that a code
violation exists and the alleged violator committed, or was
responsible for committing, permittig~ allowing,
authorizin~ or maintaining the violation or knew or should
have known that a violation of a provision of a code
existed."
SECTION 8. APPEAL PROCEDURES.
Subsection (a) of Section 2-106 of the Code of Ordinances of
the City of Sebastian is hereby amended to read as follows:
"(a) Every enforcement order of the board shall be
finalL 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 ee~a~i i~ to
the circuit court of the Nineteenth Judicial Circuit of
Florida in and for Indian River County. An appeal shall be
filed within thirty (30) days of the execution of the order
to be appealed."
SECTION 9. ENFORCEMENT ORDERS
Subsection (c) of Section 2-106 of the Code of Ordinances of
the City of Sebastian is hereby amended to read as follows:
"(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 se~ By ee~e~ m8~7
~e~ ~eee~ ~e~es~e~7 provided to the violator. The
city clerk shall place each enforcement order on the next
city council agenda under "board reports and minutes."
SECTION 10. SUBPOENA POWERS.
Section 2-107 of the Code of Ordinances of the City of
Sebastian is hereby amended to read as follows:
"The Code Enforcement Board shall have the ~ t__qo
subpoena alleged violators and witnesses to its hearings."
The city, the board or the alleged violator may request that
witnesses and records be smDee~ae~ subpoenaed to any
5
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 twelve dollars ($12.00) for each subpoena
served."
SECTION 11. NOTICE.
Section 2-108 of the Code of ordinances of the city of
Sebastian is hereby amended to read as follows:
"All notices required by this chapter shall be
delivered by certified mail, return receipt requested, to
the alleged violator, or by hand delivery by the sheriff's
office, police officer, code enforcement officer, code
inspector, building official or his designee, to the alleged
violator or to some person of the alleged violator's family
who is &~-~e~-~~-6~-¥e~-~ above fifteen (15)
years of aqe at the usual residence of the alleged violator.
At the option of the code enforcement board, notice may also
be provided by publication once during each week for four
(4) consecutive weeks in a newspaper of general circulation
in Indian River County that meets all the requirements
prescribed in Chapter 50, Florida Statutes, for legal and
official advertisements. Proof of publication shall be as
provided in sections 50.041 and 50.051, Florida Statutes.
Notice by publication may run concurrently with, or may
follow, an attempt or attempts 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
above, together with proof of publication shall be
sufficient to show that the notice requirement of section
162.12, Florida ~&~t~e Statutes, have been met, whether or
not the alleged violator actually received the notice."
6
SECTION 12. OBSTRUCTING INSPECTOR.
A new Section 2-109 of the Code of Ordinances of the City of
Sebastian is hereby created to read as follows:
"Whoever opposes, obstructs or resists any code
inspector, the buildinq o~ic~a~,~..~or the city manager in the
discharqe of any duties as provided in this ordinance, upon
conviction, shall be guilty of a misdemeanor of the second
degree, punishable as provided by the .general law of the
State of Florida."
SECTION 13. IMMUNITY.
A new Section 2-110 of the Code of Ordinances of the City of
Sebastian is hereby created to read as follows:
"Any person authorized to discharqe any duties as
provided in this Ordinance shall be immune from prosecution,
civil or criminal, for re~..so~able, good-faith trespass upon
real property while in the discharqe of the duties imposed
by this Ordinance."
SECTION 14. CONFLICT.
Ail ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 15. CODIFICATION.
It is the intention of the City Council of the City of
Sebastian, Indian River County, Florida, and it is hereby
provided that the provisions of this ordinance shall become and
be made a part of the Code of Ordinances of the City of
Sebastian, Florida; that the sections of this ordinance may be
renumbered or relettered to accomplish such intention; and that
the words "ordinance" may be changed to "section", "article", or
other appropriate designation.
SECTION 16. SEVERABILITY.
In the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid or
unconstitutional, the remainder of the Ordinance shall not be
7
8
YGIHOq,~ 'N~/IJ, S~IS~S .~0
'686I ' ...... ~/~/ ~o X~p~~st.H$ p~dop~
//~
p~ss~d ~InP ~Du~uTpao sTq$ P~a~IDsP uodn~a~U$ aoK~
n~opuo~ PAOI~ u~ITOUnOO
~o~qaeqo ~u~a~ U~mlToUnOD
mnIIOOO~ '~ ~a~qoH u~ITDunoD
:sa~IO~ sw swa) e~OA ~q$ '~oa
~ o~ ~nd 6uT~q uodn 'puw ~/~~ uwu~ITOUnOO
u~ulIt, ounoo ~q uoTsdopw ao~ p~AOUI SPa ~ouguTpa0
I~UT~ uodn ~i~$eTp~un~T ~os~s ~Me$ IleqS ~ou~uTPaO sTHA
'H~G HAIJ~OHMAH 'AT NOI~DHS
· ~oag~s pue aoao~ Ting UT uTemaa o$ aapuTe~aa pTes 6uTsneo
Xq slsg% uoTsTAoad i~uoT~n~T~suooun pu~ pii~AuT pi~s ~nog~Ta
~oueuTp~o sIg~ ~o aaPUT~aa ag~ ps~o~us eAPU PInOm ITOUnOD A~TD
sH~ ~q~ p~nss~ ~q a~q~In~ IIgqS $I -uoTsTAoad i~uoT~n~suooun
ao pTi~AuI gons ~o~ua o~ pu~$u! Sou PIP u~I~s~qas ~o A$IO
ag$ go iTounoo A~TD sg~ ~g~ pa~nsaad ~q iiTm $~ pu~ pS~O~g~