HomeMy WebLinkAbout02212007 Special~~
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HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
CODE ENFORCEMENT WORKSHOP
WEDNESDAY, FEBRUARY 21, 2007 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY REINSPECTED /N THE OFFICE OF THE CITY CLERK
1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals will address the City Council with respect to agenda items immediately before deliberation
of the item by the City Council
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3 ROLL CALL
4. CODE ENFORCEMENT MATTERS:
A. Identify Community Priorities
B. Report on Changes Made in the Department
C. Special Magistrate Update
D. Standard Operating Procedures Draft Report/Council Input
5. ADJOURN
HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT
MEETINGS.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330
AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Standard Operating Procedures
for Code Enforcement
CITY OF
February 2007
DRAFT
H~11rlIE QF PELICAN ISLAND
Table of Contents
Cover Page - - - - - - - - - 1
Table of Contents - - - - - - - - 2
Forward, Mission Statement and References- - - - - 3
Enforcement Procedure - - - - - - - 4
Protection from Court Action - - - - - - - 10
Conduct of Hearing - - - - - - - - 10
Administrative fines; costs of repairs; liens - - - - - 11
Penalties & Fines - - - - - - - - 12
Duration of Lien - - - - - - - - 12
Appeals - - - - - - - - - 13
Document Disposition - - - - - - - 13
2
Forward
This Standard Operating Procedure (SOP) has been written to ensure Code Enforcement
is standardized for all individuals proposing to engage in this activity for the City of
Sebastian. All future code enforcement efforts shall follow this standard.
Updates to this SOP shall be made with any changes to Florida Statute Chapter 162
"County or Municipal Code Enforcement," "Sebastian Land Development Code"
Sebastian City's "Code of Ordinances." It may also be updated through the initiation of
new or updated State, federal laws and Court case law.
Mission Statement
The City of Sebastian's Code Enforcement staff will provide an'unbiased service striving
to improve the quality of life for the people of this City and the overall appearance within
the city limits. Code Enforcement staff are committed to making,'Sebastian the most
desirable city in Florida to live, for businesses to flourish and visitors to enjoy.
Individuals working will strive to project a professional attitude and appearance. Ethical
behavior shall always be observed. Code Enforcement Officers (CEOs) will be
identifiable by wearing their uniform, a City issued ID` as well as a code enforcement
badge.
REFERENCE DOCUMENTS
Florida Statute 162 Part I "Local Government Code Enforcement Boards"
(Special magistrate) (2004 edition)
Florida Statute 162 Part II
Florida Statute 933 -
Florida Statute 968 -
Florida Statute 50 -
Florida Statute 119 -
Code of Ordinance
Land Development Code
- "Supplemental County or Municipal Code or
Ordinance Enforcement Procedures" (2004 edition)
- "Search and Inspection Warrants" (2004 edition)
- "Waiver of sovereign immunity in tort
actions; recovery limits; limitation on attorney fees;
statute of limitations; exclusions; indemnification;
risk management programs" (2002 edition)
- Legal and Official Advertisement(s)
- Public Records
City of Sebastian
City of Sebastian
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Role of Code Enforcment
Code Enforcement Officer (CEO) shall perform a variety of technical work in securing
compliance with City Codes and Ordinances, laws and regulations. In a carrying out
their job responsibilities, CEO's will:
(1) Respond to complaints of potential code violations.
(2) Conduct field inspections, gather evidence and factual findings, issue warnings or
citations/
(3) Assist in resolving customer service issues and explaining state laws and code
requirements and violations.
(4) Schedule follow-up inspections on code compliance and periodic area surveys.
(5) Maintain a record of enforcement activities.
(6) Coordinate with other departments (including Growth Management and Building
Departments) to enforce Codes and resolve violations.
Special Magistrate -The Special Magistrate shall have the power to:
(1) Adopt rules for the conduct of its hearings.
(2) Subpoena alleged violators and witnesses to its hearings. The sheriff of the county or
police department of the municipality may serve subpoenas.
(3) Subpoena evidence to its hearings.
(4) Take testimony under oath.
(5) Issue orders having the force of law to command whatever steps are necessary to
bring a violation into compliance. (REF: FS 162.08
Enforcement Procedure:
The CE process starts when:
• A verbal or written complaint is received by Staff
• An officer observes a condition in the field
(1) It shall be the responsibility of the Code Enforcement Officer (CEO) to initiate
enforcement proceedings of the various codes; however, the Special magistrate (SM)
shall not have the power to initiate such enforcement proceedings and act as appellate
body. (REF.• FS 162.06(1))
(2) Right of Entry: The ability of a CEO to enter private property is enumerated out in
the Fourth Amendment to the U.S. Constitution. Code Enforcement Officers may only
enter onto private property under the following circumstances:
(A) An inspection pursuant to a warrant shall not be made between 7 p.m. of
any day and 7 a.m. of the succeeding day; on Saturday, Sunday, or any legal
holiday; or in the absence of an owner or occupant over the age of 18 years of
the particular place, dwelling, structure, or premises unless specifically
authorized by the judge upon a showing that such authority is reasonably
necessary to effectuate the purpose of the rule being enforced. An inspection
pursuant to a warrant shall not be made by means of forcible entry, except that
the judge may expressly authorize a forcible entry when facts are shown
which are sufficient to create a reasonable suspicion of a violation of a state or
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local law or rule relating to municipal or county building, fire, safety,
environmental, animal control, land use, plumbing, electrical, health,
minimum housing, or zoning standards which, if such violation existed, would
be an immediate threat to health or safety or when facts are shown
establishing that reasonable attempts to serve a previous warrant have been
unsuccessful. When prior consent has been sought and refused, notice that a
warrant has been issued shall be given at least 24 hours before the warrant is
executed. Immediate execution of a warrant shall be prohibited except when
necessary to prevent loss of life or property. (REF: Florida Statute 933.26)
(B) With the consent of the property owner. (Not required for publicly
accessible areas of private Property such as store fronts)
(REF: Camara v. MuniciRal Court of San Francisco, 387 U.S. 523 (1967))
(C) Within one of the recognized exceptions to the general warrant
requirement. (Anything, which is in the plain view of the CEO. This
includes areas, which may be observed from neighbor's property (with their
permission). Plain view is described as discrepancies, which may be observed
by the naked eye from the normal height of the individual conducting the
inspection. Use of mechanical, electrical or other components to circumvent
areas protected from vision is not acceptable and could be thrown out in a
court action.
(D) An Emergency Situation which if not corrected could lead to the loss of life,
damage to property or to the environment.
(REF: Michigan v. Tyler, 436 U. S. 499 (1978))
(3) If a violation of the codes is found, the code inspector shall notify the violator (as
provided in FS 162.12) and give reasonable time to the property owner to correct the
violation. (REF: FS 1 b2.06(2)) A minimum of 10 days is suggested unless it is a
reoccurrence or unless otherwise spelled out in other codes. This is called "Service". A
shorter period of time may be granted for Nuisance Violations, pursuant to Chap. 66 of
the Code of Ordinances for the City of Sebastian.
Service on Homeowners - - Indian River Coun Propert~ppraiser
Information
Service on a Corporation - - State of Florida Secretary of State
Corporations Online. Notify the "Registered
Agent"
Service on Partnerships - - Service on any one partner.
Service on Domestic Limited Partnerships - Service on any general partner or agent for
Service.
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Service on a minor (under 18 years) - Service parents or guardian.
Service on Incapacited Person - Research to determine if a guardian has been
Appointed.
Deceased Owner - - - All beneficiariesrmust be served.*
* Contact the Clerk of the Circuit Court (probate & guardianship Division) to obtain a copy of the "Order of Distribution"
*;.
(A Notices of Violation" shall include the following: at the minimum;
~:
1. Date letter was typed. *NOTE - Violations ~~ be identified in a
letter within 24 hours of the discovery. If ~e than 24 hours has past
the property will have to be re-evaluatec~~~~ ~~~,_
2. Address of the individual who
3. Address of the property
was
f~~p ''~[II~~~I
~. ertj~ ~~
gin. I~~ ,,,
5. Printed copy of Iii River Coun ~~ Appraiser account
number including o ~~Ie and ad ~~;Ett•
6. Identify the ordinance t w~.~~~~ L~~clude a quote of the
parag;~~~ d identify ~ ~~andard ; 'Paragraph of the violation.
~ ~ ~I
7. t ~ five a n(s) requir ~ o come into compliance.
(~~
~~ Signa ~~~ 'Eying the violation.
~~~~~lllll ~~~
'~. otifying th~ lator ~ie accom lished in the followin man
P g orandm
's prescrib er. F: FS 162.12)
~~ 1 notic required by this art shall be ovided to the alle ed violator
p Pr g
b~ I#
~~ i~~~~
~~ (a) Certified mail, return receipt requested, provided if such notice
is sent under this paragraph to the owner of the property in
question at the address listed in the tax collector's office for tax
notices, and at any other address provided to the local government
by such owner and is returned as unclaimed or refused, notice may
be provided by posting as described in subparagraphs (2)(b)1. and
2. Notification shall also be sent via first class mail directed to the
addresses furnished to the local government with a properly
executed proof of mailing or affidavit confirming the first class
mailing,
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(b) Hand delivery by Sebastian Police Officer or other law
enforcement officer, code inspector, or other person designated by
the local governing body;
(c) 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; or
(d) In the case of commercial premises, leaving the notice with the
manager or other person in charge.
(2) In addition to providing notice as set forth in subsection (1), at the
option of the Special Magistrate, notice may also be served by publication
or posting, as follows:
(a) Such notice shall be published once during each. week for 4
consecutive weeks (four publications being sufficient) in al
newspaper of general circulation in Indian River County. The
newspaper shall meet such requirements~as are prescribed under
chapter 50 for legal and official advertisements.
(b) Proof of publication shall be made' as provided in FS. 50.041
and 50.051.
(c} In lieu of publication as described in paragraph (a), such notice
maybe posted at least 10 days prior to the hearing, or prior to the
expiration of any deadline contained in the notice, in at least two
locations, one of which shall be the property upon which the
violation is alleged to exist and the other of which shall be, in the
case of municipalities, at the primary municipal government office,
and in the case of counties, at the front door of the courthouse or
the main county governmental center in said county.
(d) Proof of posting shall be by affidavit of the person posting the
notice, which affidavit shall include a copy of the notice posted
and the date and places of its posting.
(e) Notice by publication or posting may run concurrently with, or
may follow, an attempt or attempts to provide notice by hand
delivery or by mail.
(C) Evidence that an attempt has been made to hand deliver or mail notice as
provided in subsection (1), together with proof of publication or posting as
provided in subsection (2)(Pr. 3 A-B above), shall be sufficient to show that the
notice requirements of this part have been met, without regard to whether or not
the alleged violator actually received such notice.
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(D) "Reasonable time" when speaking to violation notices shall mean the amount
of time the inspector believes it should take to obtain work permits (if necessary)
and correct the identified problem. The amount of time may be mandated in State
or local laws, ordinances, or other legal documents. "Reasonable Time" is a
statutory mandate and must be acceptable to both a Special Magistrate and/or a
civil court.
(E) "Reasonable Time" exceptions -There are three recognized exceptions:
I. Repeat Violator - If the Special Magistrate and / or court have ruled
against the perpetuator finding that the violation is valid and the violation
reoccurs on the same property this represents a repeat violation and
reasonable time is not necessary. A hearing with the Special magistrate
will still be required. (REF: FS 162.06(3))
II. Emergency Case - If an event or violation represents an immediate
threat to either life, property or the environment reasonable time does not
apply (e.g. a fire, arcing wires or leaking chemical tanks) but the Code
Enforcement Officer must make a reasonable effort to notify the violator
and the Special Magistrate still must be notified. (REF: FS 162.06(4))
III. Irreparable and / or Irreversible - If an occurrence is creating a
violation which can not be readily repaired or reversed (e.g. cutting down
a tree) then the code enforcement officer need not give reasonable time but
must make a reasonable effort to notify the violator. The Special
Magistrate still must be notified. (REF: FS 162.06(4))
(4) Should the violation continue beyond the time frame identified, the code enforcement
inspector shall notify the Special Magistrate and request a hearing or the meeting will
occur on a recurring basis at a prescheduled date and time. The Special Magistrate shall
schedule a hearing and written notice of such hearings shall be hand delivered or mailed
as provided in FS 162.12.; (REF.• FS 162.06(2))
(5) If the Code Enforcement Officer has reason to believe a violation or the condition
causing the 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 Special
Magistrate and request a hearing. (REF.• FS 162.06(4))
A. During Emergency Situations proper authorities shall be immediately notified:
I. Any action that could be conceived as a Fire Code Violation or as a fire
shall be called into Indian River County Fire Protection.
II. Any violation, which could be considered a violation of law, shall be
turned over to local Law Enforcement.
III. Medical Emergencies shall be reported to Indian River County Fire
Protection.
IV. Violations of Health code will be reported to the Florida Department
of Health.
V. Incidents involving Hazardous Materials or conditions found which
could be considered detrimental to the environment shall be reported to
Indian River County Fire Protection.
(6) If the owner of property that is subject to an enforcement proceeding before the
Special Magistrate or court, transfers ownership of such property between the time the
initial pleading was served and the time of the hearing, such owner shall:
A. Disclose, in writing, the existence and the nature of the proceeding to the
prospective transferee.
B. Deliver to the prospective transferee a copy of the pleadings, notices, and
other materials relating to the code enforcement proceeding received by the
transferor.
C. Disclose, in writing, to the prospective transferee that the new owner will be
responsible for compliance with the applicable code and with orders issued in the
code enforcement proceeding.
D. File a notice with the code enforcement official of the transfer of the property,
with the identity and address of the new owner and copies of the disclosures made
to the new owner, within 5 days after the date of the transfer.
7) A failure to make the disclosures described in paragraphs 6(a), (b), (c) and (d) (above)
before the transfer, creates a rebuttable presumption of fraud. If the property is
transferred before the hearing, the proceeding shall not be dismissed, but the new owner
shall be provided a reasonable period of time to correct the violation before the hearing is
held. (REF.• FS' 162.06(Sa-d})
8) Should an individual within the city limits be found renovating a structure, building a
structure or demolishing a structure without a work permit the following actions will take
place:
A. A stop work sticker will be issued by the Building Department. Work to
enclose a property will not be stopped until the structure is made weather tight.
(e.g. allow roofing to continue to a point where water will not readily enter the
structure.)
B. The Chief Building Official will notify a Code Enforcement Officer and
provide address of violation.
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C. Allow the permit to be applied for and issued with the fine with the stipulation
that the property owner and / or contractor appear before the Special Magistrate
on a date to be determined to appeal the fine. The Special Magistrate will
examine the extent of violation and determine the fair application of the City's
fine.
D. Code Enforcement will send the property owner and / or contractor a "Notice
to Appear" at the appropriate Code Enforcement Hearing.
C.E.O. Protection from Court Action
(1) An individual state /county /city officer or employee cannot be held personally liable
or named as a party defendant in a tort action, while acting in the course and scope of
employment unless the officer /employee "...acted in bad faith or with malicious
purpose or in a manor exhibiting wanton and willficl disregard of human rights, safety or
property. " It is with this in mind that all Code Enforcement Officers must always be
aware their responsibilities and the laws affecting their position. Failure to do so can
allow the Code Enforcement Officer to be liable in court action..
(REF: Florida Statute 768.28 subsection (9)(a))
Conduct of Hearin
(1) Upon request of the Code Enforcement Officer, or at such other times as may be
necessary, the Special Magistrate may call a hearing. Minutes shall be kept of all Special
Magistrate hearings, and all hearings and proceedings shall be open to the public. The
local governing body shall provide clerical and administrative personnel as may be
reasonably required by the Special Magistrate for the proper performance of his/her
duties. (REF: FS 162.07(1))
(2) Each case before a Special Magistrate shall be presented by the local governing body
attorney or by a member of the administrative staff of the local governing body. If the
local governing body prevails in prosecuting a case before the Special Magistrate, it shall
be entitled to recover all costs incurred in prosecuting the case before the board and such
costs maybe included in the lien authorized under FS. 162.09(3). (REF: FS 162.07(2))
(3) A Special Magistrate shall proceed to hear the cases on the agenda for that day. All
testimony shall be under oath and shall be recorded. The Special Magistrate shall take
testimony from the code inspector and alleged violator. Formal rules of evidence shall not
apply, but fundamental due process shall be observed and shall govern the proceedings.
(REF: FS 162.07(3))
(4) At the conclusion of the hearing, the Special Magistrate shall issue findings of fact,
based on evidence of record and conclusions of law, and shall issue an order affording the
proper relief consistent with powers granted herein. The order may include a notice that it
must be complied with by a specified date and that a fine maybe imposed and, under the
conditions specified in FS. 162.09(1), the cost of repairs may be included along with the
fine if the order is not complied with by said date. A certified copy of such order may be
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recorded in the public records of the county and shall constitute notice to any subsequent
successors in interest, or assigns if the violation concerns real property, and the findings
therein shall be binding upon the violator and, if the violation concerns real property, any
subsequent purchasers, successors in interest, or assigns. If an order is recorded in the
public records pursuant to this subsection and the order is complied with by the date
specified in the order, the enforcement board shall issue an order acknowledging
compliance that shall be recorded in the public records. A hearing is not required to issue
such an order acknowledging compliance. (REF: FS 162.07(4))
Administrative Fines; costs of repairs; liens:
(1) An Special Magistrate, upon notification by the Code Enforcement Officer (by notice
as spelled out in FS 162.12) that an order of the Special Magistrate 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 Special Magistrate for compliance or, in the
case of a repeat violation, for each day the repeat violation continues, beginning with the
date the repeat violation is found to have occurred by the Code Enforcement Officer. In
addition, if the violation is a violation described in FS 162.06(4), the Special Magistrate
shall notify the local governing body, which may make all reasonable repairs which are
required to bring the property into compliance and charge the violator with the reasonable
cost of the repairs along with the fine imposed pursuant to this section. Making such
repairs does not create a continuing obligation on the part of the local governing body to
make further repairs or to maintain the property and does not create any liability against
the local governing body for any damages to the property if such repairs were completed
in good faith. 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.
If, after due notice and hearing, a Special Magistrate finds a violation to be irreparable or
irreversible in nature, it may order the violator to pay a fine as specified in paragraph
(2)(a) (Below).
(A) An affidavit of non-compliance shall be sent to the violator via allowed
means specified in FS 162.12.
(REF: Masse~arad Massey v. Charlotte County Case No 2DO2-389)
(B) Notifications shall include a date for a hearing with the Special Magistrate for
the violators (REF: Massey and Massey v. Charlotte County Case No 2DO2-389)
(C) Fines shall not be imposed until such time as the violators have had the
opportunity to come before the Special Magistrate for a hearing.
(REF.• Massey and Massey v. Charlotte County Case No 2DO2-389)
(2)(a) A fine imposed pursuant to this section shall not exceed $250 per day for a first
violation and shall not exceed $500 per day for a repeat violation, and, in addition, may
include all costs of repairs pursuant to subsection (1). However, if a Special Magistrate
finds the violation to be irreparable or irreversible in nature, he/she may impose a fine not
to exceed $5,000 per violation.
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(b) In determining the amount of the fine, if any, the Special Magistrate shall consider the
following factors:
1. The gravity of the violation;
2. Any actions taken by the violator to correct the violation; and
3. Any previous violations committed by the violator. (Previous violations only
include cases that the Special Magistrate or a court has ruled on.)
(c) A Special Magistrate or subsequent court action may reduce a fine imposed pursuant
to this section.
(3) A certified copy of an order imposing a fine, or a fine plus repair costs, 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. Upon petition to the circuit court, such order shall be enforceable in 'the same
manner as a court judgment by the sheriffs of this state, including execution and levy
against the personal property of the violator, but such order shall not be deemed to be a
court judgment except for enforcement purposes. A fine imposed pursuant to this part
shall continue to accrue until the violator comes into compliance or until judgment is
rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising
from a fine imposed pursuant to this section runs in favor of the local governing body,
and the local governing body may execute a satisfaction or release of lien entered
pursuant to this section. After 3 months from the filing of any such lien, which remains
unpaid, the Special Magistrate may authorize the local governing body attorney to
foreclose on the lien or to sue to recover a money judgment for the amount of the lien
plus accrued interest.
(4) No lien created pursuant to the provisions of this part may be foreclosed on real
property, which is identified as a homestead under Art. X of the State Constitution. The
money judgment provisions of this section shall not apply to real property or personal
property, which is covered under s. 4(a), Art. X of the (Florida) State Constitution.
(REF: FS 162, 09
Penalties and Fines
Needs to be added ....would like to define these in conjunction with special
magistrate
Duration of lien.
(1) No lien provided under the Local Government Code Enforcement Boards Act shall
continue for a period longer than 20 years after the certified copy of an order imposing a
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fine has been recorded, unless within that time an action is commenced pursuant to FS
162.09(3) in a court of competent jurisdiction. In an action to foreclose on a lien or for a
money judgment, the prevailing party is entitled to recover all costs, including a
reasonable attorney's fee that it incurs in the action. The local governing body shall be
entitled to collect all costs incurred in recording and satisfying a valid lien. The
continuation of the lien affected 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. (REF: FS 162.10)
(2) Homestead properties may not have a lien foreclosed. Sales of property with liens
regardless of homestead status shall allow reimbursement of the lien.
(REF.• Wendy Fons? vs. Town o~y Harbor Islands Case no 3D02-3097
December 24 2003
Appeals•
An aggrieved party, including the local governing body, may appeal a final
administrative order of the Special Magistrate to the circuit court. Such an appeal shall
not be a hearing de novo 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 of
the order to be appealed. (REF: FS 162.11)
Document Disposition:
Public Records** within the files of the Code Enforcement Section of the City of
Sebastian Florida shall be maintained in accordance with Florida State Law, Title X
Cha tep r 119.
At the minimum records dealing with individual cases shall be maintained:
Courtesy Letters /Violation Letters /Citations - - 3 years
Violation after meeting the Special Magistrate - - 5 years
Lien -
up to 20 years + 5 yrs*.
* -Any lien not forecaosed within 20 years is void. Lien document and Code Enforcement documents must be maintained 5 years
after the 20 years has past.
All documents shall be destroyed after the appropriate time has past. This shall be
accomplished in accordance with Florida State Law, Title XVIII, Chapter 257, s. 257.36.
Any other public records** maintained by this section shall have written permission from
the City's Custodian of Public records prior to destruction in the prescribed manner.
** - "Public records" is defined as "All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data
processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received
pursuant to law or ordinance or in connection with the transaction of official business by any (government) agency."
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