HomeMy WebLinkAboutO-98-10ORDINANCE NO. 0-98-10
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN
RIVER COUNTY, FLORIDA, AMENDING A PORTION OF
CHAPTER 2, ARTICLE VI, DIVISION 2, OF THE CODE
OF ORDINANCES, PERTAINING TO THE CODE
ENFORCEMENT BOARD; PROVIDING FOR THE RECOVERY
OF ALL COSTS INCURRED IN PROSECUTING CASES
BEFORE THE CODE ENFORCEMENT BOARD AND
PROVIDING FOR THE ISSUANCE OF CODE ENFORCEMENT
CITATIONS; PROVIDING FOR THE ENFORCEMENT OF
STATUTES REGULATING CONTRACTING WITHOUT A
LICENSE; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR CODIFICATION~ PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Sebastian employs the use of a Code
Enforcement Board, pursuant to Chapter 162 of the Florida Statutes,
as a method of enforcing the Cityts Code of Ordinances and Land
Development Code; and
WHEREAS, Chapter 162 of the Florida Statutes under Section
162.07 (2) provides for the recovery of all costs incurred in
prosecuting cases before the Code Enforcement Board; and
WHEREAS, Chapter 162 provides for the issuance of citations
for violation of City Codes; and
WHEREAS, Section 489.127 of chapter 489 of the Florida
Statutes provides for the enforcement of statutes regulating
contracting by unlicensed persons, and
WHEREAS, the City Council of the City of Sebastian has
further determined that the current Ordinance pertaining to Code
Enforcement Board requires amendments in order to insure that the
procedure for enforcing the City Code of Ordinances and Land
Development Code is administered in accordance with the principles
of due process.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS~
~ Chapter 2, Article VI, Division 2, is hereby
amended to read as follows:
DIVISION 2. CODE ENFORCEMENT BOARD*
Bec. 2-176. Created.
(a) There is hereby created and established the Sebastian
Code Enforcement Board. The board is created and established
pursuant to the authority granted pursuant to the Local Government
Code Enforcement Boards Act, F.S. §§162.01 through 162.22.
(b) Those provisions of the Local Government Code Enforcement
Boards Act, as set forth in F.S. §§162.01 through 162.22, which are
not inconsistent with this division, are hereby adopted as
ordinances of the city.
(Code 1980, §2-91; Ord. No. 0-93-16, §1, 2-9-94)
* State law references-Code enforcement, F.S.
enforcement board, F.S. SS162.01 through 162.22.
ch. 162: code
Sec. 2-177, Definitions.
The following words, terms and phrases, when used in this
division, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Board means the Sebastian Code Enforcement Board.
~ means the City of Sebastian, Indian River County,
Florida.
Code enforcement officer means those employees or other
agents of the city whose duty it is to enforce city codes
and/or to present code violations to the board.
code(s} means the Code of Ordinances and/or the Land
Development Code of the City of Sebastian.
County means Indian River County, Florida.
Person means any individual, corporation, partnership, firm,
association, legal representative, trustee or receiver.
Repeat violation means a violation of a provision of a code
or ordinance by a person whom the code enforcement board or
the county court has previously found to have violated the
same provision within 5 years prior to the violation or a
person who has paid a civil penalty for a violation of the
same provision, which violation occurred within 5 years prior
to the violation.
~means 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.
(Code 1980, S 2-92; Ord. No. 0-93-16, § 1, 2-9-94)
Cross reference-Definitions and rules of construction
generally, § 1-2.
State law reference-Similar provisions, F.S. § 162.04.
Sec. 2-178. Jurisdiction.
(a) Unless exclusive jurisdiction and authority for
enforcement of the City's Code of Ordinances and Land Development
Code is expressly and exclusively granted to one of the city's
other boards, commissions, committees or administrative officials,
the code enforcement board shall have the authority and
jurisdiction to hear and determine alleged violations of the Code
of Ordinances and Land Development Code of the City of Sebastian.
(b) The jurisdiction of the 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 Code of Ordinances or Land Development Code of
the city of Sebastian.
(c) Nothing contained in this Division 2 shall prohibit the
city from enforcing its codes or ordinances by any other means.
(Code 1980, § 2-93; Ord. No. 0-93-16, ~1, 2-9-94)
Cross references-Puller elevations standards, § 26-1;
technical code adopted, §26-31 et seq,; electrical code, §26-61 et
seq.; energy code, §26-111 et seq.; swimming pool code, §26-136 et
seq.: drainage requirements, §§26.2, 90-87; contractor licensing
and regulations, §26-161 et seq.; business license, §30-27 et seq.:
fire prevention code, §42-46 et seq.; flood damage prevention code,
§46-26 et seq.; sanitary regulations, ch. 50; land development
code, ch. 54; mobile home anchor regulations, §62-3: nuisances,
ch. 66; solid waste, ch. 86: junk regulations, §86-46 et seq.;
driveway construction and repair regulations, ~90-86 et seq,
Bec. 2-~79. Hembership~ composition.
The board shall be composed of seven regular members, and at
the city council's discretion, up to two alternate members. All
members shall be appointed by the city council and the board shall
consist, whenever possible, of the following:
(1) One architect;
(2) One businessman;
(3) One engineer;
(4) One general contractor;
(5) One realtor;
(6) One subcontractor;
(7) The final member, and alternates if appointed, may be any
qualified resident of the city.
(Code 1980, S2-94(a); Ord. No. 0-93-16, Sl, 2-9-94)
State law reference-Similar provisions, F.S. §162.05(2).
Sec. 2-180. 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 the State 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 the city council to be
equivalent to such registration.
(2)
The general contractor and the subcontractor shall
possess a valid certificate of competency and
occupational license, recognized and accepted under the
Laws of the State of Florida and the codes of the city,
regulating the business of contracting and, where
required, state 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.
(3)
The realtor shall be licensed under the Laws of the State
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 the city council to be
equivalent to such licensing.
(4)
The businessman shall be actively engaged in any lawful
business within 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)
In accordance with section 2-170, each member shall be a
resident of the city. If a member of the board ceases to
be a resident of the city, such member shall immediately
notify the city clerk of such occurrence and their
membership on the board shall terminate automatically and
immediately.
(Code 1980, S2-94(b); Ord. No. 0-93-16; Sl, 2-9-94; Ord. No. 0-97-
37, ~1, 9-25-97)
Sec. 2-181. Terms of office.
(a)
Of the regular members initially appointed to the board:
(1) Two members shall be appointed for a term of one
year each.
(2)
Three members shall be appointed for a term of two
years each.
(3)
Two members shall be appointed for a term of three
years each.
(b) After the initial appointments, all subsequent
appointments shall be made for terms of three years each.
(c) In no event shall any individual who has served as a
regular member of the board for the greater of two consecutive
terms or six consecutive years be reappointed to serve another
consecutive term as a regular member of the board unless no other
individual, who is otherwise legally qualified to serve as a
regular member of the board, has filed an application, which is
then still pending, with the city clerk, seeking appointment to
serve as a regular member of the board.
(Code 1980, S2-94(c); Ord. No. 0-91-23, §1, 9-25-91; Ord.
93-16, ~l, 2-9-94; Ord. No. 0-97-57, S2, 9-25-97)
No. 0-
State law reference-Similar provisions, FS. §162,05(3).
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Seo. 2-182. Quorum.
Four or more members of the board shall constitute a quorum.
(Code 1980, §2-96; Ord. No, 0-93-16, §1, 2-9-94)
State law referenoe-Similar provisions, F.S. $162.05(4).
Seo. 2-183. Compensation.
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 the city manager, or as
otherwise provided by law.
(Code 1980, S2-97; Ord. No. 0-93-16, Sl. 2-9-94)
State law referenoe-Similar provisions, F.S. ~162.05(4).
Sec. 2-184. Organization.
(a) The board officers shall consist of a chairperson, vice-
chairperson 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 of the board. The election shall be held at the
first meeting of the board calendar year at which at least seven
regular or alternate members are present.
(Code 1980, ~2-95; Ord. No. 0-93-16, §1, 2-9-94)
State law reference-Similar provisions, F.S. §162.05(4).
Seo. 2-185. Rules and regulatlons.
The board may adopt such rules and regulations, as are not
inconsistent with the provisions of F.S. ch. 162 or this division,
for the conduct of its hearings.
(Code 1980, §2-98; Ord. No. 0-93-16, §1, 2-9-94)
State law reference-Similar provisions, F.S. §162.08(1).
Seo. 2-186. Clerk.
The city manager 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.
(Code 1980, §2-99; Ord. No. 0-93-16, §1, 2-9-94)
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Sec. 2-187. Legal Counsel.
The city attorney shall represent and be counsel to the board
and attend all meetings.
(Code 1980, §2-100; Ord. No. 0-93-16, §1, 2-9-94; Ord. No, 0-97-01,
Sl, 1-8-97)
State law reference-Attorneys, F.S. S162.05(5).
Sec. 2-188. Presentation of cases.
A representative of the city shall present cases before the
board. The city council may, upon recommendation of the city
manager, retain a member of the Florida Bar to assist in
presentation of cases.
(Code 1980, §2-101; Ord. No. 0-93-16, §1, 2-9-94; Ord.
01, §2, 1-8-97)
No. 0-97-
State law reference-Attorneys, F.S. §162.05(5).
Sec. 2-189. Subpoena powers.
The board shall have the authority to subpoena alleged
violators and witnesses to its hearings. 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 as allowable by law. The chairperson of the board shall
provide the board 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 by the city at the request of the alleged violator.
(Code 1980, S2-107; Ord. No. 0-93-16, §1, 2-9-94)
State law reference-Similar provisions, 162.08(2), (3).
See. 2-190. Obstructing Officer.
Whoever opposes, obstructs or resists a code enforcement
officer in the discharge of any duty provided in this division,
upon conviction, shall be guilty of a misdemeanor of the second
degree, punishable in accordance with the Laws of the State of
Florida.
(Code 1980, §2-109; Ord. No. 0-93-16, §§, 2-9-94)
Sec. 2-~9~. Service of Notice.
Ail notices required by this part shall be provided to the
alleged violator by certified mail, return receipt requested; by
hand delivery by the sheriff or other law enforcement officer, code
enforcement officer, or other person designated by the city council
by resolution; or by leaving the notice at the violator's usual
place
of residence with any person residing therein who is above 15 years
of age and informing such person of the contents of the notice.
State law reference-Similar provisions. F.S. § 162.10.
Sec. 2-192. Enforcement Methods.
(a) It shall be the duty of the code enforcement officer to
enforce the various codes and initiate enforcement proceedings as
described in Sections 2-193, 2-194 and 2-195. No member of the
board shall have the power to initiate enforcement proceedings.
(b) If a violation of the Codes is found, the enforcement
officer may proceed under Section 2-193, Section 2-194 or Section
2-195 as is appropriate for the violation.
Sec. 2-193. Procedures Before Board for Enforcement of Codes.
(a) Opportunity to correct violation, schedullng of hearing.
(1) Except as provided in subsection (3) of this
section, if a violation of the codes is found, the code enforcement
officer shall notify the alleged violator and give him a reasonable
time to correct the violation. If the violation continues beyond
the time specified for correction, the code enforcement officer
shall notify the board's clerical staff, who shall schedule a
hearing, and written notice of such hearing shall be hand-delivered
or mailed as provided in section 2-191 of this division. At the
option of the board, notice may additionally be served by
publication or posting as allowable by law. If the violation is
corrected and then recurs, or if the violation is not corrected by
the time specified for correction by the code enforcement officer,
the case may be presented to the board even if the violation has
been corrected prior to the board hearing, and the notice of
hearing shall so state.
(2) If a repeat violation is found, the code enforcement
officer shall notify the violator, but shall not be required to
give the violator a reasonable time to correct the violation. The
code enforcement officer, upon notifying the violator of a repeat
8
violation, shall notify the board and request a hearing. The
board, through its clerical staff, shall schedule a hearing and
shall provide notice in the same manner as provided in subsection
above. The case may be presented to the board even if the repeat
violation has been corrected prior to the board hearing, and the
notice shall so state.
(3) If the code enforcement officer 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 enforcement officer shall make a
reasonable effort to notify the violator and may immediately notify
the board and request a hearing.
(Code 1980, §2-102; Ord. No. 0-93-16, §1, 2-9-94)
(b) Formal hearing on violations.
(1) Upon request of the code enforcement officer, or at
such times as may be necessary, the chairperson of the board may
call a hearing. A hearing may also be called by written notice
signed by at least three members of the board.
(2) Minutes shall be kept of all hearings of the board.
(3) The city shall provide clerical and administrative
personnel as may be reasonably required by the board to properly
perform its duties.
(4) Each case before the board shall be presented by a
member of the administrative staff, with assistance, if necessary,
from a member of the Florida Bar.
(5) The burden of proof shall be with the city to show,
by a preponderance of the evidence, that a code violation exists
and the alleged violator committed, or was responsible for
committing, permitting, allowing, authorizing or maintaining the
violation.
(6) The board shall hear the cases on the agenda for
that day unless dismissed or withdrawn by the city or deferred or
continued by the board. All testimony received by the board shall
be under oath and shall be recorded.
(7) Ail hearings of the board shall be opened to the
public and any alleged violator shall be given an opportunity to be
heard.
(8) The board shall first take testimony and other
evidence from the code enforcement officer. The board shall also
take testimony and other evidence from the alleged violator, if,
however, after receiving testimony and other evidence from the code
enforcement officer, the board does not believe that the alleged
violator has committed the violation, then the board may dismiss
the case against the case against the violator without taking the
alleged violator's testimony.
(9) Each party to the hearing shall have the right to:
(i) Call and examine witnesses;
(ii) Introduce other evidence and exhibits;
(iii) Cross-examine opposing witnesses.
(10) The alleged violator may be represented by an
attorney at the formal hearing.
(11) Formal rules of evidence shall not apply, but
fundamental due process shall be observed and shall govern the
proceeding.
(12) At the conclusion of the hearing, the board shall
issue findings of fact, based solely on the evidence presented at
the hearing, setting forth the specific facts which the board
determines to exist. The board shall also issue conclusions of
law, based upon the findings of fact, setting forth the specific
code or codes which have been violated, if any. If the board
determines, as a conclusion of law, that a violation exists, the
board shall issue an order of enforcement which is consistent with
the powers granted herein. If the board concludes, based upon the
finding of fact, that no violation has been committed, an order
shall be entered dismissing the city's case.
(13) The findings of fact, conclusions of law, and order
of enforcement shall be by motion, approved by a majority of those
members present and voting, except that at least four members of
the board must vote in order for the action to be official. The
findings of fact, conclusions of law and order of enforcement shall
be reduced to writing by the board clerk and shall indicate the
names of the board members voting upon the order and shall indicate
if the individual member voted in the affirmative or in the
negative. The written order shall be signed by the board chairman
and approved as to form and content by the board attorney.
(14) No board member shall vote in any case in which
that member has personal knowledge of the facts of the case pending
before the board when said personal knowledge, in the opinion of
the board member, will negatively affect the member's ability to
render a fair and impartial determination of the case.
10
(15) Every enforcement order shall be filed in the
office of the city clerk. A copy of the signed order shall be
provided to the violator by U.S. Mail, postage prepaid, sent to the
last known address of the violator. The city clerk shall place
each enforcement order on the next city council agenda.
(16) The order may include a notice that it must be
complied with by a specified date and that a fine may be imposed if
the order is not complied with by said date. A certified copy of
such order may be recorded in the public records of the county and
shall constitute notice to any subsequent purchasers, successors in
interest, or assigns, and the findings therein shall be binding
upon the violator and any subsequent purchasers, successors in
interest, or assigns. If an order is recorded in the public
records of the county pursuant to this subsection and the order is
complied with by the date specified in the order, the board shall
issue an order acknowledging compliance that shall be recorded in
the public records of the county. A hearing is not required to
issue such an order acknowledging compliance.
(17) 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 county court or the circuit court.
(Code 1980, S2-103; Ord. No. 0-93-16. §1, 2-9-94)
State law reference-Similar provisions, F.S. §162.07.
(c) Administrative fines; 1lens.
(1) The Board, upon notification by the enforcement
officer that an order of the Board has not been complied with by
the set time or, upon finding that a repeat violation has been
committed, may order the violator to pay a fine in an amount
specified in this section for each day the violation continues past
the date set by the Board for compliance or, in the case of a
repeat violation, for each day the repeat violation continues past
the date of notice by the enforcement officer to the violator of
the repeat violation. If a finding of a violation or a repeat
violation has been made as provided in this part, a hearing shall
not be necessary for issuance of the order imposing the fine.
(2) Fines.
(a)
A fine imposed pursuant to this section
shall not exceed $250.00 per day for a
first violation and shall not exceed
$500.00 per day for a repeat violation.
11
(b)
In determining the amount of the fine, if any,
the Board shall consider the following
factors:
(i) The gravity of the violation;
(ii) Any actions taken by the violator to
correct the violation; and
(iii)
Any previous violations committed by the
violator.
(c)
(d)
Unless jurisdiction of the Courts of the state
of Forida have been invoked over the matter,
the Board may reduce a fine imposed pursuant
to this section. The Board, however, shall
create written criteria for the reduction of
fines. Said criteria shall be adhered to when
considering a request to reduction.
The Board may recover all costs incurred in
the prosecution of the case before the Board
and such costs may be included in any lien
that may be imposed by the Board.
(3) A certified copy of an order of the Board imposing
a fine pursuant to this section shall 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. Upon petition to the circuit
court, such order may be enforced in the same manner as a court
judgment by the sheriffs of this state, including levy against the
personal property, but such order shall not be deemed to be a court
judgment except for enforcement purposes. A fine imposed pursuant
to this section 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, whichever
occurs first. A lien arising from a fine imposed pursuant to this
Section runs in favor of the city, and the City may execute a
satisfaction or release of lien entered pursuant to this section.
After three months from the filing of any such lien which remains
unpaid, the city council may authorize the city attorney to
foreclose on the lien. No lien created pursuant to the provisions
of this section may be foreclosed on real property which is a
homestead under section 4, article X of the State Constitution.
(Ord. No. 0-93-16, Sl, 2-9-94)
State law reference-Similar provisions, F.S. §162.09.
12
(4) Duration of lien.
No lien provided under this division shall continue for a
period longer than 20 years after the certified 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 foreclose on a lien, the
prevailing party is entitled to recover all costs, including
reasonable attorney's fees, that it incurs in the foreclosure. The
city shall be entitled to collect all costs incurred in recording
and satisfying a valid lien. The continuation of the lien effected
solely by the commencement of the action shall not be good against
creditors or subsequent purchasers for valuable consideration
without notice, unless a notice of lis pendens is recorded.
Bec. 2-194. Procedure for Enforcement by Court - citations.
(a) These procedures are enacted pursuant to Section 162.21,
Florida Statutes.
(b) Citation authorization; application. A code enforcement
officer so designated by the City is authorized to issue a citation
to a person when, based upon personal investigation, the officer
has reasonable cause to believe that the person has committed a
civil infraction in violation of a duly enacted city code or
ordinance; the county court will hear the charge. Designation as a
code enforcement officer does not provide the code enforcement
officer with the power of arrest or subject the code officer to the
provisions of ss. 943.085-943.244.
(c) Notification prior to citation issuance; procedures.
(1) Prior to issuing a citation, a code enforcement
officer shall provide notice to the person that the person has
committed a violation of a code or ordinance and shall establish a
reasonable time period within which the person must correct the
violation. Such time period shall be no more than 30 days. If, upon
personal investigation, a code enforcement officer finds that the
person has not corrected the violation within the time period, the
code enforcement officer may issue a citation to the person who has
committed the violation. If the code enforcement officer has
reason to believe that the violation presents a serious threat to
the public health, safety, or welfare, or if the violation is
irreparable or irreversible, then the code enforcement officer does
not have to provide the person with a reasonable time period to
correct the violation prior to issuing a citation and may
immediately issue a citation.
the city
violations
Notwithstanding the preceding sec. 2-194 (c) (1),
Council shall adopt, by resolution, a schedule of
and penalties to be assessed by code enforcement
13
officer, including standard notification time periods for specific
types of violations, said time periods not exceeding 30 days.
(2) A citation issued by a code enforcement officer
shall be in a form prescribed by the city and shall contain:
1. The date and 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
committed.
4. A brief description of the violation and the
facts constituting reasonable cause.
5. The number of the section of the code or
ordinance violated.
6. The name and authority of the code enforcement
officer.
7. The procedure for the person to follow in
order 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 fails to appear in court 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 penalty.
(d) After issuing a citation to an alleged violator, a code
enforcement officer shall ensure that the original citation and one
copy of the citation are deposited with the county court.
(e) Any person who willfully refuses to sign and accept a
citation issued by a code enforcement officer shall be guilty of a
misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083., F.S.
(f) The provisions of this section shall not apply to the
enforcement of building codes adopted pursuant to s. 553.73, F.S.,
as they apply to construction, provided that a building permit is
either not required or has been issued by the city.
(g) The provisions of this section are an additional and
supplemental means of enforcing City codes and ordinances; nothing
contained in this section shall prohibit the city from enforcing
its codes or ordinances by any other means.
14
Sec. 2-195.
Procedure for Enforcement of Contractor Licensing
Statutes.
(a) These procedures are enacted pursuant to Section 489.127,
Florida Statutes.
(b) A code enforcement officer so designated by the City may
issue a citation for any violation of ss. 489.127 (1) or s.
489.132(1), F.S. (relating to unlicensed, uncertified or
unregistered contractors), or for any violation of Chapter 26, City
of Sebastian Code of Ordinances, whenever, based upon personal
investigation, the code enforcement officer has reasonable and
probable cause to believe that such a violation has occurred.
(c) A contracting citation issued by a code enforcement
officer shall be in a form prescribed by the city and shall contain
the information outlined in Sec. 2-194 (3) (b), items 1-9.
(d) Penalties. The City Council shall adopt, by resolution,
a schedule of penalties to be assessed by the code enforcement
officer, for each prohibited contracting activity as set forth in
ss. 489.127 (1) and 489.132(1), F.S., and Chapter 26, City of
Sebastian Code of Ordinances. The maximum civil penalty which may
be levied shall not exceed $500.00. Each day a willful, knowing
violation continues shall constitute a separate offense.
(e) Cessation of Violations; Hearing Procedures.
(1) The act for which the citation is issued shall be
ceased upon receipt of the citation. The person charged with the
violation shall elect either to correct the violation and pay the
civil penalty in the manner indicated on the citation or, within 10
days of receipt of the citation, exclusive of weekends and legal
holidays, request an administrative hearing to contest the issuance
of the citation by the code enforcement officer. Said
administrative hearing shall be held before the city code
enforcement board. Any person who willfully refuses to sign and
accept a citation issued by a code enforcement officer commits a
misdemeanor of the second degree, punishable as provided for in s.
775.082 or 775.083, F.S.
(2) Failure of a violator to contest the decision of the
code enforcement officer within the time period set forth in the
preceding paragraph shall constitute a waiver of the violator's
right to an administrative hearing. A waiver of the right to an
administrative hearing shall be deemed an admission of the
violation and penalties may be imposed accordingly.
(3) If the person receiving the citation, or his
designated representative, shows that the citation is invalid, the
enforcement board shall dismiss the citation.
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(4) If the enforcement board finds the existence of a
violation, the enforcement board may order the violator to pay a
civil penalty of not less than the amount set forth on the citation
but not more than $500.00 per day for each violation. In
determining the amount of the penalty, the enforcement board shall
consider the following factors:
The gravity of the violation.
Any actions taken by the violator to
correct the violation.
Any previous violations committed by the
violator.
(5) Upon written notification by the code enforcement
officer that a violation has not been corrected within the
timeframe set forth on the citation (as applicable) and no contest
of the citation has been made as set forth above, the enforcement
board shall enter an order ordering the violator to pay the maximum
civil penalty set forth on the citation, and a hearing shall not be
necessary for the issuance of such order.
(6) A certified copy of any order imposing a penalty
against an uncertified contractor shall be recorded in the public
records and thereafter shall constitute a lien against any real or
personal property owned by the violator. Upon petition to the
circuit court, such order may be enforced in the same manner as a
court judgment by the sheriffs of this state, including a levy
against personal property; however, such order shall not be deemed
to be a court judgment except for enforcement purposes. A civil
penalty 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
subsection, whichever occurs first. After 3 months from the filing
of any such lien which remains unpaid, the city council may
authorize the city attorney to foreclose on the lien. No lien
created pursuant to the provisions of this part may be foreclosed
on real property which is a homestead under s. 4, Art. X of the
State Constitution.
(f) Nothing contained in this section shall prohibit the city
from enforcing its codes or ordinances by any other means.
Bec. 2-~96. Appeals.
An aggrieved party, including the city, may appeal a final
order of the Board to the circuit court. Such an appeal shall not
be a hearing de novo (no new evidence or testimony shall be
presented) but shall be limited to appellate review of the record
created before the board. An appeal shall be filed within 30 days
of the execution by the chairperson of the order to be appealed.
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(Ord. No. 0-93-16, §1, 2-9-94)
state law reference-similar provisions, §162.11.
~ CONFLICTS. Ail ordinances or
ordinances in conflict herewith are hereby repealed.
parts of
....... .mT,, ~ is the intention of the city
it of Sebastian, Indian River county, Florida, and
council of the ~ ............. ~,~ of ' rdinance shall
it is hereby provl~e~ ~nau tn= ~ ......... th~s o
become and be made a part of the code or Ordinances of the city of
Sebastian, Florida; That the sections of this ordinance may be
renumbered or relettered to accomplish such intention; and the word
,,Ordinance" may be changed to ,,Section," ,,Article" or other
appropriate designations.
~ SEVERABILITY. In the event a court of
competent jurisd%ction shall hold or determine that any part of
this ordinance is invalid or unconstitutional, the remaining
provisions of this ordinance shall not be affected and it shall be
presumed that the City council of the city of Sebastian did not
intend to enact such invalid or unconstitutional provision. It
shall further be assumed that the City council would have enacted
the remainder of this ordinance without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
~ EFFECTIVE D~TE. This ordinance shall become
effective immediately upon its adoption.
· oin ordinance was moved for adoption by Council
The fore~3.~~ The motion was seconded b~
member /~-~.-'.~ .~ ' and. UDon being pu~
to a vote, the vote wa~as zo~ow~
Mayor Ruth sullivan
Vice Mayor Martha S. wininger
Councilmember Larry Paul
councilmember Louise Cartwright
Councilmember Chuck Neuberger
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The Mayor thereupon declared this ordinance duly passed and
adopted this /~ , day of.-~.-//~/~w~- ~ , 1998.
CITY OF SEBASTIAN, FLORIDA
Ruth Sullivan, Mayor
~thry~/M. ~V,H~lloran, CMC/AAE
icity Cler~k ~ ~! ~
'AD~-=~,2~-~ ~' form and legality for
reliance by,.the C~ty of Sebastian only:
Ri'ch S~r~nge~ City Attorney
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