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HomeMy WebLinkAbout02212007 Council - Code Enforcement Workshop~~ SE~nAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES CODE ENFORCEMENT WORKSHOP WEDNESDAY, FEBRUARY 21, 2007 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Burkeen called the workshop to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Citv Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Growth Management Director, Rebecca Grohall Chief of Police, Jim Davis Environmental Planner, Margaret Reynolds Occupational License Specialist, Linda Lohsl Code Enforcement Officers Van Meir, Lyndquist and lachini Also Present: Special Magistrate, Robert Ginsburg 4. CODE ENFORCEMENT MATTERS: The City Manager turned the presentation over to the Growth Management Director. The City Attorney advised City Council not to discuss specific code enforcement cases. The Growth Management Director introduced the three code enforcement officers and described each one's level of certification. She noted that Officer Van Meir handles commercial areas, Officer Lyndquist residential on the north side of 512 and Officer lachini residential on the south side of 512. Code Enforcement Workshop February 21, 2007 Page Two A. Identify Community Priorities The Growth Management Department conducted a survey of audience members to determine residents' code enforcement priorities. B. Report on Changes Made in the Department The Growth Management Director gave a Power Point presentation, cited the move from the Police Department to Growth Management, current procedures, the hot line number 388-4436, and the process of better utilization of chapter 66 nuisances, and described the drafting of a Code Enforcement Standard Operating Procedures. The Power Point presentation is attached to these minutes. C. Special Magistrate Update The City Attorney introduced the new Special Magistrate, Robert Ginsburg, and described Attorney Ginsburg's experience serving Miami-Dade County for 35 years. He briefly explained the Special Magistrate process, noting Mr. Stringer will present cases, and Mr. Ginsburg will issue rulings. He said they hoped to start the hearing process in April at the earliest to comply with notice requirements. Attorney Ginsburg thanked Council for the opportunity to serve and said code enforcement is a very important quality of life issue. D. Standard Operating Procedures Draft Report/Council Input Mayor Burkeen recommended that there be a specific follow up time listed for page 4 paragraph 4; and in response to him the Growth Management Director said 2A under Enforcement procedures tracks our codes. He also suggested calling this a guideline rather than procedure. Ms. Coy agreed with adding in the follow-up time in paragraph 4 as cited by Mayor Burkeen. Mr. Paternoster made the following recommendations: Better methods for confidentiality for individuals calling in complaints. The Growth Management Director said people can choose to remain anonymous unless they want a call back in which case that contact information would be considered public record. 2 Code Enforcement Workshop February 21, 2007 Page Three Better accountability by inspectors for their master activity reports by including times for calls, travel time, arrival at scene, etc. The Growth Management Director said the activity reports are destroyed as duplicates after being entered into the computer system and staff is still trying to fine-tune the system. She said the times do go into the system but are not printed out in the actual report. He asked how the inspectors' times are tracked if the report is gone. ^ The possibility of making the assistant full-time or utilizing free time of the inspectors for data entry and tracking the time that they actually do spend entering data. The Growth Management Director said the most efficient method to track the data would be in car laptops. ^ The need to add material to procedures relative to patrolling and stopping at sites they witness as being a problem. ^ The question of total time for three officers according to their time sheets, whether the City is getting full value for the three officers, and perhaps implement patrol procedures and practices to better utilize their time. ^ Better communication systems between the officers and the main office, and the possibility of using radios orwalkie-talkies. ^ Requested the cost of return receipt requested mail and the Growth Management Director said she would provide it to him. Mr. Neglia expressed concern and inquired about the following: ^ The Growth Management Director defined the three levels of Code Enforcement certification and said she could provide him with a brochure. ^ Recommendation to go over the list of Florida Statutes to see how we can better define procedures. The Growth Management Director said we could be more stringent. Mr. Neglia suggested the City Attorney could look it over. ^ Concern for keeping complaints confidential; and asked what courtesy calls are, and if they might be excessive. The Growth Management Director described them. ^ Agreed we might need walkie-talkies. Ms. Coy asked how the procedures manual was written, and Ms. Grohall said the officers were involved in writing it with her. Ms. Coy suggested Ms. Grohall get some input from the new Special Master. 3 Code Enforcement Workshop February 21, 2007 Page Four Mr. Neglia again addressed the confidentiality issue. The City Attorney addressed Mr. Paternoster's inquiries about confidential records, and the City Attorney said Florida Statutes confidential and exempt records laws do not cover a lot in the area of Code Enforcement. Mr. Paternoster further inquired if the officers were required to disclose verbally, and the City Attorney said public records refers to records and noted there is no law he knows of that requires someone to disclose information verbally. Mr. Paternoster said the issue of confidentiality could be something imposed by management. The City Attorney said if someone insists on giving information for call back on a complaint, the information would then become public if it was requested under public records law. Mr. Paternoster requested that we write into our policy that officers do not reveal complainant information. The City Attorney suggested if someone wants to remain anonymous they call the City back to follow up rather than leave information for the City to call them back. Mr. Paternoster expressed concern for lack of field supervision; and recommended that the officers include all their time for each call, when they come in and include their lunch breaks. The Growth Management Director said the ratio of anonymous to identified calls is 70-30. Public Input Dale Simchick, 766 Easy Street, Sebastian, was curious whether the Special Master had more success with Code Enforcement under the Police Department or the Growth Management Department; stating that there would be more accountability under a police department; and stated any complaint can be anonymous except for noise complaints. Herb Mulford, Laconia Street, said the color wheel needs to include different yellows and more pastels and variety; and suggested that people be allowed three off-premise yard sale signs with tear-offs to use. The Growth Management Director exhibited the results of the survey conducted with meeting attendees. In response to Mr. Mulford, City Council members said this idea about garage sale signs is something we might want to discuss at another meeting and it was the consensus of Council to place this on an agenda. Mr. Paternoster asked how the public can write in to Code Enforcement and the Growth Management Director said she would get with MIS and set up a system where people can see the survey on the City website. 4 Code Enforcement Workshop February 21, 2007 Page Five Mayor Burkeen reiterated he would like to see some language about confidentiality and recommended a software change. The Growth Management Director said she would be looking at software upgrades. Mayor Burkeen said he wondered whether we want to go with a tough guy or public servant approach to Code Enforcement; and said he would like call this a Guideline rather than a Standard Operating Procedures to give people some wiggle room. Ms. Coy agreed that we could call it a guideline. David Landsburg, Damask Lane, asked what teeth the City had to stop a business license. The Growth Management said the State recognizes a license as a business tax, and when notified of a problem Code Enforcement goes out and tries to work with the individual. The City Attorney said the City can revoke their home occupational license, but the City cannot use an occupational license as a regulatory tool, and that it is simply a tax. The City Attorney said if the City wanted to stop a business happening on homesteaded property, the best way to stop it is to take action to file an injunction in circuit court, and other than that there is not much you can do with Code Enforcement action. He said a home permit can be revoked by the City but they may continue to do it illegally. He then described the six things that have to be shown for the injunction process. Mr. Landsburg asked what is the point in code enforcement if they isn't any. He said if you can't enforce rules don't make them. The City Manager said code enforcement does lack teeth, but the City can enforce nuisance related complaints such as tall grass, junk, etc.; and the City can lien and attach the lien to the homesteaded property. The City Attorney clarified that nuisance goes toward objective conditions that can be remedied and not activities. He said Code enforcement can be effective on commercial and vacant property but not as much on homesteaded property. He said 90% of the people will do the right thing if you ask them and others will not care. Mr. Paternoster asked if we could obtain a sanction from the county court to give our Special Magistrate power to impose fines. Joe Scozzari, Thornhill Lane, Sebastian, asked if the City issued transient licenses from vendors who come into the City. Code Enforcement Workshop February 21, 2007 Page Six The City Manager said as long as someone from outside the City has a license to do business, a license does not need to be issued from the City; and that we will be talking about this at the Council meeting relative to lawn services. In response to Neil Lagin, Wentworth Street, Sebastian, the Growth Management Director said there have were 490 violations in the report presented tonight, and none of them were fined because rulings are within the power of the Board or Special Magistrate. The City Manager said staff would go back and make changes to the "Guidelines" and bring Council another draft. 5. Being no further business, Mayor Burkeen adjourned the Workshop at 7:30 p.m. Approved at the Regular City Council Meeting ATT f Brian S. Burkeen, Mayor Sally A. ~( ----_- AMC -City Clerk 6 Standard Operating Procedures for Code Enforcement C~tY OF February 2007 DRAFT NOME OF PELICAN ISLAND Table of Contents Cover Page - - - - - - - - - 1 Table of Contents - - - - - - - - 2 Forwazd, Mission Statement and References- - - - - 3 Enforcement Procedure - - - - - - - 4 Protection from Court Action - - - - - - - 10 Conduct of Hearing - - - - - - - - 10 Administrative fines; costs of repairs; liens - - - -~k:, - 11 Penalties & Fines - - - - - - - - 12 Duration of Lien - - - - - - - - 12 Appeals - - - - - - P"~ - - - 13 Document Disposition - - - - =a ~ - 13 N 8 i° ,,w I~- r~ dH ~~ti~ P~ 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 appearice. 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. f, REFERENCE DOCUMENTS Florida Statute 162 Part I:~kP - "Local Government Code Enforcement Boards" (Special magistrate) (2004 edition) ;~~ Florida Statute 162 Part II - "Supplemental County or Municipal Code or Ordinance Enforcement Procedures" (2004 edition) FloridanStatute 933 - Florida Statute 968 - Florida Statute 50 - Florida Statute 119 - Code of Ordinance Land Development Code - "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 3 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 ha~'~ the power to: (1) Adopt rules for the conduct of its hearings. s , s , , (2) Subpoena alleged violators and witnesses to its hearings. The sheriff o~ 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 haw, to command whatever steps are necessary to bring a violation into compliance. (REF• 1~`S'1'62.08 :,: °,~, Enforcement Procedure: 9 The CE process starts ,~~en: , ,x • A verbal or written complaint is receiu by Staff • An officer observes a condition in the ~~~io l9~9~r~r , ~~~~ (1) It shall be the responsibility of~th~.Ccide Enforcement Officer (CEO) to initiate enforcement proceedings of the .,various codes; however, the Special magistrate (SM) shall , nqt 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 4 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. (N©t required for publicly accessible areas of private Property such as store ..fronts) (REF: Camara v. Municipal 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~, CEO. This includes areas, which may be observed from neighbor's pro `~ (iwith their permission). Plain view is described as" dascrepanic~es, which malt' be observed by the naked eye from the normal heg~;t; of the 'individual conducting the inspection. Use of mechanical, electrical or other components to circumvent azeas protected from vision as not acceptable 'aiid could be thrown out in a court action. „°@ '`~ (D} An Emergency Situation which if not correct~d`could lead to the loss of life, damage to property or to the environment ~ ~' (REF: Mi~hi~an 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 ES^~ 162..12) and give reasotiabTe time to the property owner to correct the violation,k~(~REF: FS 162.06(2)) A minimum of 10 days is suggested unless it is a reoccu~ence or unless otherwise spelled out in other codes. This is called "Service". A shorter'~eriod of time may be granted for Nuisance Violations, pursuant to Chap. 66 of the Code of Ordinances for'4he City of Sebastian. Service on Homeowners Information Service on a Corporation Service on Partnerships Indian River Coun Property Appraiser State of Florida Secretary of State Corporations Online. Notify the "Registered Agent" Service on any one partner. Service on Domestic Limited Partnerships - Service on any general partner or agent for Service. Service on a minor (under 18 years) - Service parents or guardian. Service on Incapacited Person - Research to determine if a guardian has been Appointed. a>` s :: Deceased Owner - - - All beneficiaries:.must be served.* • Contact the Clerk of the Cinuit Court (probate 8t guardianship Diviaicm) to obtaia a copyr of the "Order of 1)ishibation" _„ - 1 ~ ~~; (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 a than 24 hours has past the property will have to be re-evaluatec~~~.,,. alt,, ~t(,) , ~. 2. Address of the individual who ow~ ei 3. Address of the property wi a violati~n. Printed copy of Iii fiver Coun Appraiser account number including o i}}8me and ,r,tt• 6. Identify the ordinance w~~~l~ Li~clude a quote of the '. para~~~~~d identify il~4andard 'Paragraph of the violation. 7. t 've a n(s) r to come into compliance. ~ ~ lu' Signat~ ~~~ ~ Eying the violation. ~Illl~lllllit~~.. 1111,. (~~ Notifying tfi~ lator' '6e accomplished in the following manor and in prescri er. F: FS 162.12) I~~) ,: i ~~ noti required by this part shall be provided to the alleged violator (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: (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 fortl~~ubsection (1), at the option of the Special Magistrate, notice m f s served by publication or posting, as follows: (a) Such notice shall be p ~~~ished once during a eek for 4 consecutive weeks (fours icatio being suffici i~. newspaper of general circ in ~n River Co f : ~y}. The newspaper shall meet such r ents as are prescribed under chapter 50 fore al and official 'sements. (b) Proof of pub :i atrp~-~ 1 be mad ii~ovided in FS. 50.041 and 50.051. ~ `~ ~ (c~~~ii¢~` ofpublica~ .n as desc;~ed in paragraph (a), such notice ~~ p#nay be°~ted at least f~, days prior to the hearing, or prior to the ~~ ~~~~~'~ iratior~~of any deadlii contained in the notice, in at least two ld' 'on~~~ iwhich X11 be the property upon which the t~; ; ~ ~, viol ~~ is a~ ~f~y~~`~st and the other of which shall be, in the ~, ~° ~''~(;x~~`~ e o 'cipalities, at the primary municipal government office, df zn the ~ ~Q~ counties, at the front door of the courthouse or the':rn"ain co @ y governmental center in said county. '~~i (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. 7 (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;withahe Special magistrate will still be required. (REF: FS 162.06(3)) ,_ II. Emergency Case - If an event ors violation represents'ati immediate threat to either life, property or the environment reasonable'time does not apply (e.g. a fire, arcing wires or leafing ch~nical 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 occu}~ence 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 recurringbasis at a ptescheduled 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: F`S 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. 8 III. Medical Emergencies shall be reported to Indian River County Fire Protection. N. 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. k!, _ I,, B. Deliver to the prospective transferee a copy of the pleadings, not~c~s, and other materials relating to the code enforcement proceeding received by the transferor. ~a. C. Disclose, in writing, to the prospective transferee , ~atlie new owner will be responsible for compliance with tl~e applicable code an with orders issued in the code enforcement proceeding. ,i, D. File a notice with the code enforcement official of the transfer of the property, with the ident~}E end address of the new ou~mer and copies of the disclosures made to the new owner, within 5 days after the'`date of the transfer. G 7) A failure~to mak~,th~ disclosures described in paragraphs 6(a), (b), (c) and (d) (above) before the transfer, treaties 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. 9 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 ahe course and scope of employment unless the officer /employee "...acted in bad faith or with malicious purpose or in a manor exhibiting wanton and willfuf~'t~fsregard 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' a~court ;action. (REF: Florida Statute 768.28 subsection (9)(a)) Conduct of Hearing (1) Upon request of the Code Enforcement'°Officer, or at sucli~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 anc~`proGeedings shall be open to the public. The local governing body slial~~~~rovide clerical° and administrative personnel as may be reasonably required,l~~r the S]~~~ial Magistrate for the proper performance of his/her duties. (REF.• FS 1 ~i2~. 07(1)) (2) Each cas~Nl~~ore a Special, Magistrate; shall be presented by the local governing body attorney or~by a member of theadministrative staff of the local governing body. If the local governing body prevails in prosecuting a case before the Special Magistrate, it shall be entitlhdalo recover all' costs incurred in prosecuting the case before the board and such costs may be 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 10 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 °h~s, been committed, may order the violator to pay a fine in an amount specified in this ~sectzon for each day the violation continues past the date set by the SpecialhMa~istrate for compliance or, in the case of a repeat violation, for each day the repe~~~~iolation continues, beginning with the date the repeat violation is found to have occu4rted by the~Code Enforcemerit.~Officer. In addition, if the violation is a violation described'i FS 163~:~2 (4), the Spec~t~l~Magistrate shall notify the local governing body, which may~i~2asonable 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 obl~~ation on the part ofc the local governing body to make further repairs or to maintain the property an{l does no( create any liability against the local governing body for any damages6;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 of~der;the violatota'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~nd 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. 11 (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 fins 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 cor~titute a lien against the land on which the violation exists and upon any other real or personal property~MOwned by the violator. Upon petition to the circuit court, such order sll ~1 be enforceab~~}n~ the same manner as a court judgment by the sheriffs of this state~~luding exec} nand 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 runsin.favor of°'the local governing body, and the local governing .body may execute.. a satisfaction or release of lien entered pursuant to this section~aAfter 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 mosey 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; a9J 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 Boazds Act shall continue for a period longer than 20 years after the certified copy of an order imposing a 12 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 reimbursijrtent of the lien. (REF.• Wendy Fon,2 vs. Town of Bay Harbor Islands, Case no 3D02-3097) December 24 2003 s Appeals: An a cued `~ ggri party, including the local governing body, ma j~ ;appeal a final administrative order of the Special Magistrate tia the circuit court. Such ati:,appeal shall not be a hearing de novo but shall be limited to appellate rlrview of the zecord 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 shal1~61~e~~intained in accordance with Florida State Law, Title X Chanter 119. `~~ At the minimum reCpr s dealing with individual cases shall be maintained: al~p~ .~~''~ Courkesy Letters /Violation Letters /°Citations - - 3 yeazs ;~ ;. Violation after meeting the' Special Magistrate - - 5 years N,~~~, Lien , - - - - - - up to 20 years + 5 yrs*. • -Any lien not foreclosed: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, regazdless 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." 13 Code Enforcement Workshop City Council February 21, 2007 Overview: 3 full time Code Enforcement officers 1 part time Office Assistant Level 2 Florida Association of Code Enforcement (FACE) certification for all officers 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. Mission Statement Code Enforcement staff are committed to making Sebastian the most desirable city in Florida to live, for businesses to flourish and visitors to enjoy. Mission Statement 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. Legislative Authority Florida Statutes City of Sebastian Land Development Code (LDC) City of Sebastian Code of Ordinances 2 Community Priorities Results of "dot" exercise _; Changes Made _= In August 2006, Code Enforcement was moved from the Police Dept. to Growth Management Dept. Monthly Report °` Code Enforcement Hotline 388-4436 Changes Made Utilization of Chap. 66 of Code of Ordinances -Nuisance Abatement Sunset of Code Enforcement Board for Special Magistrate 3 More Changes on the Horizon SOP Citations Technology Special Magistrate Update: Rich Stringer, City Attorney Standard Operating Procedure Input on current draft 4 Questions Questions or comments?