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Home My WebLink AboutO-06-06 ORDINANCE NO. 0-06-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, ARTICLE VI, DIVISION II, CODE ENFORCEMENT BOARD AND RENAMING SAID DIVISION CODE ENFORCEMENT; AMENEDING CODE TO REFLECT USE OF SPECIAL MAGISTRATE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that the interests of the citizens will best be served through the use of a special magistrate to hear code enforcement matters; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 2-176 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-176. Created. There is hereby created and established pursuant to the authority granted by the Local Government Code Enforcement Boards Act, F.S. Chapter 162, and administered under the procedures set forth in said Act, the Sebastian Code Enforcement System utilizing a special magistrate to be appointed by City Council. Section 2. That Section 2-177 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-177. Administration. (a) The City Manager shall have administrative responsibility for the enforcement of the Code and the activities of the enforcement officers. (b) The City Attorney may prosecute cases on behalf of the City in coordination with the administrative direction of the City Manager, and shall have administrative responsibility for the conduct of hearings and coordination of the activities of the Special Magistrate. Section 3. That Sections 2-178 through 2-193 are hereby deleted and reserved. Section 4. That Section 2-195 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: 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 9 489.127(1) or 9 489.132(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 section 2-194(c)(2), items 1 through 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 99489.127(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 Special Magistrate. 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 9 775.082 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 Special Magistrate shall dismiss the citation. (4) If the Special Magistrate 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 Special Magistrate shall consider the following factors: a. The gravity of the violation. b. Any actions taken by the violator to correct the violation. c. 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 Special Magistrate 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 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 part may be foreclosed on real property which is a homestead under 9 4, article 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. Section 5. That Section 2-196 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-196. Appeals. An aggrieved party, including the city, may appeal a final order of the Special Magistrate 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 Special Magistrate. An appeal shall be filed within 30 days of the execution by the Special Magistrate of the order to be appealed. Section 6. That all additional references within the City Code to the "Code Enforcement Board", including but not limited to those in Chapters 66 and 39 as well as Sections 6-31 and 26-173, shall be amended to reflect the utilization of the code enforcement "Special Magistrate" in its place. Section 7. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 8. 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 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 or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 9. EFFECTIVE DATE. This Ordinance shall take effect immediately on October 1, 2006. The foregoing Ordinance was moved for adoption by Councilmember Coy . The motion was seconded by Councilmember N e g 1 i a upon being put to a vote, the vote was as follows: and, Mayor Nathan McCollum Vice-Mayor Brian Burkeen Councilmember Andrea Coy Councilmember Sal Neglia Councilmember Al Paternoster aye absent aye aye aye The Mayor thereupon declared this Ordinance duly passed and adopted this 12th day of July, 2006. CITY OF SEBASTIAN, FLORIDA By: /~ Mayor Nathan McCollum ATTEST: (.) /1 ~ ~ '\~cd21 ~..~.. )/h Sally A. io, MMC City C1 rk Approved as to form and legality for reliance by the City of Sebastian only: