HomeMy WebLinkAboutItem 06 Discussion on Issues Related to the Code Enforcement Board and Direction to Seek Alternatives to Include Using a Special Magistrate
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: May 20, 2025
Item #: 6
Contact Name: Vincent Ogburn Department Director: Vincent Ogburn
Contact Number: Ext. 3038 City Manager: Craig Shadrix
Subject: Discussion on Issues Related to the Code Enforcement Board and Direction to Seek
Alternatives to Include Using a Special Magistrate. (Police Chief Ogburn)
Background Summary:
The Code Enforcement Board last convened in October 2024. No meetings were held in November or
December 2024 due to the meeting date coinciding with a holiday. Furthermore, quorum issues prevented
meetings from taking place in January, February, and March 2025. As a result, more than 20 cases have
remained unresolved since October 2024. According to the City Code of Ordinances (Chapter 7 - Enforcement
of Code), Section 7-5(D), "If a Board member fails to attend two of three successive Board meetings without
cause and without prior approval from the Board Chair, the Board will declare the member’s office vacant and
report the vacancy to the City Commission, which will promptly fill the vacancy. " Appointments to fill the
vacancy will be for the remainder of the unexpired term." The Board Chair did not notify the Code Board Clerk
of any excused absences as required by the code, nor did the Board Chair approve any of the absences.
There are several concerns related to the lack of quorum: (1) it delays the resolution of cases, leaving
violations unresolved and potentially allowing non-compliance to persist; (2) it contributes to a decline in
community standards; and (3) it causes inconvenience for the public, who must rearrange their schedules only
to discover that meetings have been canceled.
To ensure these code cases move forward, the City Manager has temporarily appointed the Code
Enforcement Magistrate to hear these cases, in accordance with Chapter 7, Article 7-3(C) of the City Code of
Ordinances. This will provide citizens issued residential code enforcement violations with the opportunity to
have their case heard and come into compliance, while also eliminating the burden of case cancelations due
to quorum issues. It should be noted that the Special Magistrate currently fills the role of Attorney for the Code
Enforcement Board.
City staff now request that the City Commission make a more permanent decision going forward. Several
options for the Commission to consider include: (1) appointing alternate members to the board, establishing a
pool of individuals who can step in when regular members are absent, ensuring the board can function even
with some members missing; or (2) transitioning residential Code Enforcement cases to a special magistrate—
a licensed attorney or retired judge—who would handle these cases, streamlining enforcement, reducing
delays, and ensuring legal expertise in decision-making.
The Ocoee Police Department recommends reconsidering the Code Enforcement Board and proposes
assigning all code enforcement violation cases (both residential and commercial) to the special magistrate to
handle. Currently, Red Light Camera Hearings and non-residential Code Enforcement cases are heard by the
magistrate, with the agreement set to expire in September 2025. The Special Magistrate will also be required
to hear all school zone speed camera enforcement violation hearings. The Police Department's aim is to
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
streamline the adjudication process and enhance efficiency. Additionally, staff recommends approval to
proceed with a Request for Qualifications (RFQ) process to hire a new magistrate, as the current agreement is
set to expire in September 2025.
Issue:
Should the Honorable Mayor and City Commissioners consider: (1) appointing alternate members to the
board, establishing a pool of individuals who can step in when regular members are absent, ensuring the
board can function even with some members missing; or (2) amend Chapter 7, Article 7 of the Code of
Ordinances to transition residential Code Enforcement cases to the special magistrate? Additionally, staff
recommends the approval to proceed with a Request for Qualifications (RFQ) process to hire a new
magistrate due to the current agreement expiring in September 2025.
Recommendations:
Staff recommends that the Honorable Mayor and City Commissioners consider: (1) appointing alternate
members to the board, establishing a pool of individuals who can step in when regular members are absent,
ensuring the board can function even with some members missing; or (2) amend Chapter 7, Article 7 of the
Code of Ordinances to transition residential Code Enforcement cases to the special magistrate—a licensed
attorney or retired judge—who would handle cases, streamlining enforcement, reducing delays in hearing
cases, and ensuring legal expertise in decision-making. Additionally, staff recommends approval to proceed
with a Request for Qualifications (RFQ) process to hire a new magistrate due to the current agreement
expiring in September 2025.
Attachments:
1. Special Magistrate Services Agreement
Financial Impacts:
The special magistrate will be compensated as agreed to in the current Special Magistrate Services
Agreement.
Type of Item: Consent