Loading...
HomeMy WebLinkAboutOrdinance 95-06 ORDINANCE NO. 95-06 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO CODE ENFORCEMENT; AMENDING SECTION 7-5 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, FLORIDA, REVISING THE PROCESS OF APPOINTMENT OF CODE ENFORCEMENT BOARD MEMBERS; AMENDING SECTION 7-6 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, FLORIDA, REVISING THE CONDITIONS UNDER WHICH A CODE INSPECTOR MAY IMMEDIATELY NOTIFY THE CODE ENFORCEMENT BOARD AND REQUEST A HEARING; AMENDING SECTION 7-7 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, FLORIDA, AUTHORIZING THE CITY TO RECOVER COSTS INCURRED IN PROSECUTING CASES BEFORE THE CODE ENFORCEMENT BOARD; AMENDING SECTION 7-9 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, FLORIDA; REVISING THE TIME PERIOD FOR IMPOSITION OF A FINE FOR REPEAT VIOLATIONS, AUTHORIZING THE CITY COMMISSION TO MAKE REPAIRS IF AN ORDER OF THE CODE ENFORCEMENT BOARD IS NOT COMPLIED WITH FOR CERTAIN VIOLATIONS AND TO ASSESS THE COST OF REPAIRS ALONG WITH THE FINE IMPOSED ON THE VIOLATOR, PROVIDING FOR RECOVERY OF COSTS, AUTHORIZING THE CITY COMMISSION TO COLLECT COSTS OF RECORDING AND SATISFYING THE LIEN; AMENDING SECTION 7-10 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, FLORIDA, REVISING REQUIREMENTS RELATING TO NOTICE TO THE VIOLATOR BY POSTING; PROVIDING FOR SEVERABILITY ; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article vrn of the Constitution of the State. of Florida, Chapter 162, Florida Statutes, and Section C-8 of Article II of the Charter of the City of Ocoee. SECTION TWO. Section 7-5 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: ~ 7-5. Membership of Board; terms of office; organization. A. The City Commission will appoint a seven-member Board and a Board Attorney. The City Commission may appoint up to two (2) alternate members to serve on the Board in the absence of Board members. Board members will be residents of the city. Appointments will be made on the basis of experience or interest in Code enforcement. in the sole discretion of the City Commission. Board membership will, when practicable, include an architect, a businessman, an engineer, a general contractor, a subcontractor and a realtor. B. The initial appointments to the Board will be as follows: (1) Two (2) members shall be appointed for terms of one (1) year each. (2) Three (3) members shall be appointed for terms of two (2) years each. (3) Two (2) members shall be appointed for terms of three (3) years each. C. All subsequent regular appointments to the Board will be for terms of three (3) years. D. If a Board member fails to attend two (2) of three (3) successive Board meetings without cause and without prior approval of the Board Chairman, the Board will declare the member's office vacant and promptly report the vacancy to the City Commission, which will promptly fill the vacancy. Appointment to fill a vacancy on the Board will be for the remainder of the unexpired term of the vacant office. E. Board members will serve without compensation and at the pleasure of the City Commission. Board members may be reimbursed for travel, mileage and per diem expenses as authorized by the City Commission. F. Board members will elect a Chairman (who will be a voting member) from the Board members. The presence of four (4) or more members will constitute a quorum of the Board. G. The City Attorney will not be appointed to be or act as the Board Attorney. 2 H. The City Manager will designate a city employee as Clerk for the Board. The City Manager may designate additional city employees as Deputy Clerks as he deems appropriate to the efficient conduct of the Board's business. Board members, the Board Attorney, the City Attorney and Code inspectors will not be the designated Clerk or Deputy Clerk. I. The Clerk will be the custodian of the records of the Board, subject to supervision and control of the City Clerk. J. The Board Attorney will serve at the City Commission's pleasure. SECTION THREE. Section 7-6 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: ~ 7-6. Procedure. A. It will be the duty of the Code inspector to initiate proceedings to enforce the Code. No member of the Board may initiate Code enforcement proceedings. B. Except as provided in Subsections C and D, if the Code inspector finds a violation of the Code, he will first give the violator written notice thereof and a reasonable time to correct the violation. If the violation continues beyond the time set for correction, the Code inspector will initiate proceedings before the Board by filing a written statement of violations with the Clerk. The Board, through its clerical staff, will schedule a hearing on the alleged violation and give the alleged violator written notice thereof. At the option of the Board, notice may additionally be served by publication as provided in ~ 7-10 of this chapter. The notice will inform the alleged violator of the following: (1) The nature of the alleged violation. (2) The time and place of the hearing. (3) The alleged violator may appear in person before the Board and present evidence relevant to the matter under consideration by the Board, may subpoena witnesses to testify at the hearing and may be represented before the Board by legal counsel of his own choosing at his own expense. (4) If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the Code 3 inspector, the case may be presented to the Board even though the violation has been corrected before the hearing. C. If a repeat violation is found, the Code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The Code inspector, upon notifying the violator of a repeat violation, shall notify the Board and request a hearing. The Board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to ~ 7-10 of this chapter. The case may be presented to the Board even if the repeat violation has been corrected prior to the Board hearing, and the notice shall so state. D. If the Code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to public health, safety and welfare or if the violation is irreparable or irreversible in nature, the Code inspector will make a reasonable effort to notify the violator and may immediately notify the Board and request a hearing. SECTION FOUR. Section 7-7 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: ~ 7-7. Conduct of hearings. A. The Board will conduct hearings at each Board meeting, unless there are no matters then pending before the Board for hearing. A hearing also may be called either by the Chairman of the Board or by written notice signed by at least three (3) members of the Board. Minutes shall be kept of all hearings by the Board, and all hearings and proceedings shall be open to the public. B. Cases before the Board will be presented by the City Attorney or a member of the city's administrative staff as determined by the City Manager. The Board will take testimony from the Code inspector in each case presented to the Board for hearing. If the City prevails in prosecuting a case before the Board. the City shall be entitled to recover all costs incurred in prosecuting the case before the Board. C. Testimony before the Board will be under oath and shall be recorded. The Clerk is authorized and empowered to administer oaths to persons testifying before the Board. The Board Chairman or Presiding BoardImember and Board Attorney are also authorized and empowered to administer oaths to persons testifying before the Board. 4 D. The alleged violator will have the right to appear in person before the Board, to testify personally and present other evidence relevant to the matter under consideration by the Board, to subpoena witnesses to testify at the hearing and to be represented before the Board by legal counsel of his own choosing at his own expense. E. Formal rules of evidence will not apply, but fundamental due process will be observed and govern the proceedings. F. At the conclusion of each hearing, the Board will issue fmdings of fact based on the evidence presented during the hearing and conclusions of law and will issue an order affording proper relief consistent with the powers granted the Board by provisions of this chapter. G. Findings will be by motion approved by a majority of those members present and voting, but at least four (4) members present must vote on the motion for the action to be official. H. The order may include a notice that it must be complied with by a specified date; that a fme may be imposed and. under the conditions specified in section 7 -9C of this chapter. the cost of ret'airs may be included along with the fine. if compliance does not occur by that date; that the violation is presumed to continue until the violator gives the city written notice of compliance; that the violator must give the city written notice of compliance before the city will conduct a compliance inspection; and that if the compliance inspection discloses noncompliance, the fme will continue to accrue until compliance occurs. A certified copy of such an order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest or assigns, if the violation concerns real property, and the fmdings 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 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. 5 SECTION FIVE. Section 7-9 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: ~ 7-9. Administrative fines; costs of revairs: 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 fme 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 reDairs pursuant to subsection C of this section 7-9. B. If the Code inspector notifies the Board and the Board so fmds that a repeat violation has been committed, the Board may issue an order requiring the violator to pay a fme not to exceed five hundred dollars ($500) for each day the repeat 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 7-9 past the date of notice to the violator of the repcat violation. C. In addition. if the violation is a violation described in section 7-6D of this chapter. the Board shall notify the City Commission. which may make all reasonable repairs which are required to bring the prot>erty into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section 7-9. D. G:- If a fmding 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 fme. E.B:- In determining the amount of the fme, 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 fme imposed pursuant to this section. G. F:- A certified copy of an order imposing a fme may be recorded in the official county records and will thereafter constitute a lien against the land 6 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 may be enforced in the same manner as a Court judgment by the sheriffs of Florida, including levy against the personal property, but such order shall not be deemed to be a Court judgment except for enforcement purposes. A fme 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 fme imposed pursuant to this section 7 -9 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 7-9. H.~ The lien will be automatically extinguished twenty (20) years after the date the certifIed copy of the order imposing a fme is recorded, unless within that time an action to foreclose the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. 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 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. L.~ The Clerk is authorized and empowered to issue certifIed copies of the Board's records. SECTION SIX. Section 7-10 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: ~ 7-10. Notices. A. All notices required by this chapter will be provided to the alleged violator by certifIed mail, return receipt requested, or by 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 notice. B. In addition to providing notice as set forth in subsection A, at the option of the Board, notice may also be served by publication, as follows: 7 (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 Sections 50.041 and 50.051 of the Florida Statutes. ill In lieu of publication as described in subsection (B)(l). such notice may be posted for at least ten (10) days 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 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. ~ 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. SECTION SEVEN. 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 hereof. SECTION EIGHT. 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 the same with the City Clerk. 8 SECTION NINE. EFFECTIVE DATE. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 76 day of MA-R.C [.1 , 1995. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA L? ~'7TLJ .,{~ ;;::;.~U Ut~ r:r S. Scott Vandergrift, . yor (SEAL) ADVERTISED February 23 , 1995 READ FIRST TIME Feb. 21 , 1995 READ SECOND TIME AND ADOPTED fl-1A-f...cli /) , 1995 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROlAS TO FORHAi:iU LEGALITY this ~ day of . " , 1995. By: r;J~ ~ C( f7 A+lurncy APPROVED BY THE OCOEE CITY COMMISSION AT THE ABOVE - REFERENCED MEETING UNDER AGENDA ITEM NO. V c.. 9