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HomeMy WebLinkAboutVI (A2) Second Reading Ordinance No. 2001-02, Amendments to Chapter 7 of the Ocoee Code of Ordinances Based on Recent Legislation Changes Agenda 01-02-2001 Item VI A2 FOLEY & LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377.0366 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Scott A. Cookson, Esq., Assistant City Attorney DATE: December 8, 2000 RE: Ordinance No. 2001-02, Amendments to Chapter 7 (Code Enforcement) Based on Recent Legislative Changes Attached is a proposed Ordinance amending Chapter 7 of the Code of Ordinances of the City of Ocoee (Code Enforcement Chapter) based on recent legislative changes relating to code enforcement powers and authority. This proposed Ordinance makes the following amendments to Chapter 7: 1. A change in the definition of "Repeat Violators." This change provides that violations of the same Code provision by the same person at different locations constitutes a repeat violation. This change will make it easier to enforce the Code against offenders who own more than one piece of property. For example, if a landlord owns several mobile homes, and violated his responsibilities under the Code for one of the properties, he would now be subject to a repeat violation for violating the same Code section, even if it occurred on a different parcel of property he owned. 2. The addition of disclosure requirements. This new subsection added to Section 7-6 provides that when the owner of property subject to a Code Enforcement proceeding transfers ownership of the property between the time the initial pleading was served and the time of the hearing, the owner is required to (a) disclose to the buyer of the property the existence of the proceedings, (b) deliver to the buyer a copy of the pleadings and materials relating to the Code Enforcement proceedings, (c) disclose to the new owner that the new owner will be responsible for compliance with the applicable Code Enforcement proceedings, and (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 disclosure. This new provision provides additional protection to future property owners in the City as they will be notified of proceedings against the property they are contemplating 006.196759.1 51 purchasing. The provision also provides that the new owner will he given a reasonable period of time to correct the violation before the final hearing is held. 3. Express protection to the City for City-made repairs. Section 7-9 presently provides that if the City makes repairs to property to bring that property into compliance, the City may charge the violator with reasonable costs of the repairs along with the fine imposed for the violation. The new provision clarifies that the making of such repairs does not create a continuing obligation on the part of the City to make further repairs and does not create any liability against the City for damages to the property if such repairs were completed in good faith. 4. The ability to sue to recover a money judgment. Section 7-9 is amended to give the City the authority to sue to recover a money judgment for the amount of the lien plus accrued interest, in addition to the ability to foreclose the lien. This amendment, however, provides that actions for money judgments may only he pursued on fines levied after October 1, 2000. 5. Additional notice options to alleged violators. Chapter 7-10 which provides notice guidelines for Code Enforcement matters, is amended to make it easier to serve residential property owners who refuse to accept the certified mail. This new provision provides that if notice is served by certified mail and the mail is returned as unclaimed or refused, the notice may he provided by posting the notice on the property and at City Hall and by sending the notice by first class mail with a properly executed proof of mailing or affidavit confirming the first class mailing. This section has also been amended to provide that in the case of commercial premises, notice is sufficient if it is left with the manager or other person in charge. RECOMMENDATION: The amendments to Chapter 7 of the Code of Ordinance as contained in Ordinance No. 2001-02 are consistent with the recent legislative changes enacted to aid cities in the enforcement of their codes. It is respectfully recommended that the Mayor and City Commissioners adopt Ordinance No. 2001-02 and authorize execution thereof by the Mayor and City Clerk. Attachment 006.196758.1 _2 ORDINANCE NO. 2001-02 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO CODE ENFORCEMENT MATTERS; AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE BY REVISING THE DEFINITION OF "REPEAT VIOLATIONS"; REQUIRING OWNERS OF PROPERTY SUBJECT TO ENFORCEMENT PROCEEDINGS TO PROVIDE CERTAIN DISCLOSURES TO PROSPECTIVE BUYERS OF THAT PROPERTY; PROVIDING THE CITY THE ABILITY TO SUE TO RECOVER A MONEY JUDGMENT FOR THE AMOUNT OF THE LIEN PLUS ACCRUED INTEREST IN ADDITION TO ITS RIGHT TO FORECLOSE LIENS; AND REQUIRING THE FILING OF A NOTICE WITH THE CODE ENFORCEMENT BOARD OFFICIAL REGARDING THE TRANSFER OF PROPERTY AND IDENTIFYING THE NEW OWNER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has enacted several changes to Chapter 162, Florida Statutes, concerning code enforcement matters; and WHEREAS, the City Commission of the City of Ocoee desires to amend Chapter 7 of the Code of Ordinances of the City of Ocoee to be consistent with several of the legislative changes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 162 and 166, Florida Statutes. 006.166283.3 SECTION 2. Amendment to Section 7-4. The definition of "REPEAT VIOLATION" in Section 7-4 of Chapter 7 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended as follows: REPEAT VIOLATION -- A violation of a provision of a code or ordinance by a person who the Beard has been previously found through the Board to have violated or who has admitted violating the same provision within five (5) years prior to the violation, notwithstanding the violations which occurred at different locations. SECTION 3. Amendment to Section 7-6. Section 7-6 of Chapter 7 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to add the following subsections: E. If the owner of property which is subject to an enforcement proceeding before the Board transfers ownership of such property between the time the initial notice was provided and the time of the hearing, such owner shall: (1) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee. (2) Deliver to the prospective transferee a copy of the pleadings notices, and other materials relating to the code enforcement proceeding received by the transferor. (3) 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. (4) File a notice with the Code Inspector of the transfer of the property, with the identify 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. A failure to make the disclosures described in subsections (1), (2), and (3) 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. 006.166283.3 -2 SECTION 4. Amendment to Section 7-9. Section 7-9 of Chapter 7 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended as follows: § 7-9. Administrative fines; costs of repairs; liens. A. If the Code Inspector notifies the Board of a failure to comply with a compliance order of the Board by the date set in the order, the Board may issue an order requiring the violator to pay a fine not to exceed two hundred fifty dollars ($250.) for each day the violation continues past the date set by the Board for compliance, and in addition, the fine may include all costs of repairs pursuant to Subsection C of this section. B. If the Code Inspector notifies the Board and the Board so finds that a repeat violation has been committed, the Board may issue an order requiring the violator to pay a fine not to exceed five hundred dollars ($500.) for each day the repeal violation continues, beginning with the date the repeat violation is found to have occurred by the Code Inspector, and in addition, the fine may include all costs of repairs pursuant to Subsection C of this section. C. In addition, if the violation is a violation described in § 7-6D of this chapter, the Board shall notify the City Commission 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 city to make further repairs or to maintain the property and does not create any liability against the city for an damages to the property if such repairs were completed in good faith. D. If a finding of a violation or a repeat violation has been made as provided in this chapter, a hearing shall not be necessary for issuance of the order imposing the fine. E. In determining the amount of the fine, if any, the Board will consider the following factors: (1) The gravity of the violation. (2) Any actions taken by the violator to correct the violation. (3) Any previous violations committed by the violator. F. The Board may reduce a fine imposed pursuant to this section. G. A certified copy of an order imposing a fine, or a fine plus repair costs, may he recorded in the official county records and will thereafter constitute a lien -3-006.166283.3 against the land on which the violation exists and on any other real or personal property owned by the violator. Upon petition to the Circuit Court, such order-nifty shall be enforced enforceable in the same manner as a court judgment by the sheriffs of Florida, 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 chapter 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 Commission, and the City Commission may execute a satisfaction or release of a lien entered pursuant to this section. After 3 months from the filing of any such lien which remains unpaid, the Board may authorize the City Attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. 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. 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 State Constitution. II. The lien will be automatically extinguished twenty (20) years after the date the certified copy of the order imposing a fine is recorded, unless within that time an action to foreclose the lien is commenced pursuant to § 7-9(G) of this chapter 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 forecloserc action. The City Commission shall be entitled to collect all costs incurred in recording and satisfying a valid lien. Commencement of an action to foreclose the lien pursuant to § 7-9(G) of this chapter will not cause a continuation of the lien as against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. I. The Clerk is authorized and empowered to issue certified copies of the Board's records. J. Actions for money judgments under this chapter may be pursued only on fines levied after October 1, 2000. SECTION 5. Amendment to Section 7-10. Section 7-10 of Chapter 7 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended as follows: § 7-10.Notices. A. All notices required by this chapter will be provided to the alleged violator by eerti€ted: 006.166283.3 -4 (1) Certified mail, return receipt requested, or by hand provided if such notice is sent under this Subsection 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 city by such owner and is returned as unclaimed or refused, notice may he provided by posting as described in Subsection B below and by first class mail directed to the addresses furnished to the city with a properly executed proof of mailing or affidavit confirming the first class mailing; (2) Hand delivery by the Sheriff or other law enforcement officer or Code Inspector or process server designated pursuant to Chapter 48, Florida Statutes, or by () Leaving the notice at the violator's usual place of residence with any person residing therein who is above fifteen (15) years of age and informing such person of the contents of the noticeorr (4) In the case of commercial premises, leaving the notice with the manager or other person in charge. B. In addition to providing notice as set forth in Subsection A, at the option of the Board, notice may also he served by publication or posting, as follows: (1) Such notice shall be published once during each week for four (4) consecutive weeks, four (4) publications being sufficient, in a newspaper of general circulation in Orange County. The newspaper must meet such requirements as are prescribed under Chapter 50 of the Florida Statutes for legal and official advertisements. Proof of publication shall be made as provided in PS §§ 50.041 and 50.051. (2) In lieu of publication as described in Subsection (B)(1), such notice may be posted fee at least ten (10) days prior to the hearing, or prior to the expiration of any deadline contained in the notice in at least two (2) locations, one (1) of which shall be the property upon which the violation is alleged to exist and the other of which shall be at the primary city government office. 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. (3) Notice by publication may run concurrently with or may follow an attempt or attempts to provide notice by hand delivery or by mail as required under Subsection A. Evidence that an attempt has been made to hand deliver or mail notice as provided in Subsection A, together with proof of publication or posting as provided in Subsection B, will be sufficient to show that the notice requirements of this chapter have been met without regard to whether or not the alleged violator actually received such notice. 006.166283.3 _5 SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 8. Effective Date This Ordinance shall become effective immediately upon passage and adoption. 006.166283.3 -6 PASSED AND ADOPTED this day of , 2001. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED 2000 READ FIRST TIME , 2000 READ SECOND TIME AND ADOPTED , 2001 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2001. FOLEY & LARDNER By: City Attorney 006.166283.3 -�