HomeMy WebLinkAboutItem 07 First Reading of an Ordinance providing for an Amendment to Chapter 7 of the Code of Ordinances
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: March 3, 2026
Item #: 7
Contact Name: Vincent Ogburn Department Director: Vincent Ogburn
Contact Number: Ext. 3038 City Manager: Craig Shadrix
Subject: First Reading of an Ordinance providing for an Amendment to Chapter 7 of the Code
of Ordinances related to the Ocoee Code Enforcement Board and Special Magistrate
Ordinance. (Police Chief Ogburn)
Background Summary:
At the February 3, 2026, City Commission meeting, the Commission voted unanimously to reconsider the prior
vote to keep the Code Enforcement Board as the body that adjudicates Code Enforcement complaints against
residential properties and to move to a Special Magistrate. The attached ordinance amends the ordinance for
the Ocoee Code Enforcement Board and Special Magistrate by removing the Code Enforcement Board in its
entirety and moving the duties of the Code Enforcement Board to the Special Magistrate.
As discussed at the February 3rd meeting, the proposed changes are in response to repeated difficulties in
achieving a quorum for Board meetings, which have resulted in delays in residential code enforcement cases
and prolonged non-compliance. These delays have negatively impacted neighborhood appearance and
property values. The ordinance transfers all pending cases and all powers of the Code Enforcement Board to
the Special Magistrate, who will be authorized pursuant to Chapter 162, Florida Statutes, to conduct hearings,
make findings of fact and conclusions of law, and impose administrative fines and other noncriminal penalties.
The ordinance establishes qualifications, appointment procedures, and terms for the Special Magistrate, who
must be a Florida-licensed attorney with knowledge of municipal law and code enforcement procedures. It also
provides for the appointment of a Special Magistrate pro tem in cases of conflict or unavailability. The
ordinance sets forth detailed enforcement and hearing procedures, including notice requirements, evidentiary
standards, and due process protections. The Special Magistrate is granted authority to assess daily fines for
continuing and repeat violations, impose fines for irreparable violations, order recovery of enforcement and
repair costs, record liens, and recommend foreclosure actions to the City Commission. The ordinance further
standardizes procedures for lien reductions, releases, satisfactions, and settlements, including application
requirements and review criteria. The fines as set forth in the ordinance are $250 per day and $500 for repeat
violations and also provides for the increased fines due to the city's population exceeding 50,000. These fines
can be $1,000 per day and $5,000 per repeat violation.
Additionally, the ordinance affirms that code enforcement is authorized to patrol the city to identify code
violations in addition to investigating allegations of code violations. Final administrative orders of the Special
Magistrate may be appealed to the Circuit Court for Orange County within 30 days. The ordinance also
establishes a Code Enforcement Recovery Fund for the allocation of collected fines and lien proceeds to
support enforcement efforts, nuisance abatement, and related purposes.
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Issue:
Should the Honorable Mayor and City Commission approve an ordinance amending Chapter 7 of the Ocoee
Code of Ordinances providing for: i) transition from a Code Enforcement Board to a Special Magistrate for
residential code enforcement cases, ii) to establish a Code Enforcement Recovery Fund for the allocation of
collected fines and lien proceeds to support enforcement efforts, nuisance abatement, and related purposes,
and iii) set the daily fines at $250 or more and repeat fines at $500 or more?
Recommendations:
Staff recommends the Honorable Mayor and City Commission approve an ordinance amending Chapter 7 of
the Ocoee Code of Ordinances providing for: i) transition from a Code Enforcement Board to a Special
Magistrate for residential code enforcement cases, ii) to establish a Code Enforcement Recovery Fund for the
allocation of collected fines and lien proceeds to support enforcement efforts, nuisance abatement, and related
purposes, and iii) set the daily fines at $250 or more and repeat fines at $500 or more?
Attachments:
1. Ordinance Creating Office of Special Magistrate
2. Proposed Strikeouts and Deletions - Chapter 7 - ENFORCEMENT OF CODE
Financial Impacts:
The ordinance will not have a financial impact as the costs associated with the Code Enforcement Board
Attorney will be transferred to the Magistrate.
Type of Item: First Reading
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ORDINANCE 2026-_____
AN ORDINANCE OF THE CITY OF OCOEE CREATING
THE OFFICE OF SPECIAL MAGISTRATE TO HOLD
HEARINGS AND ASSESS FINES AGAINST VIOLATORS OF
THE CITY CODES AND ORDINANCES; ABOLISHING THE
CITY OF OCOEE CODE ENFORCEMENT BOARD SUBJECT
TO FUTURE REINSTATEMENT; REASSIGNING ALL
CASES PENDING BEFORE THE CODE ENFORCEMENT
BOARD AND ALL POWERS OF THE CODE
ENFORCEMENT BOARD TO THE SPECIAL MAGISTRATE;
DEFINING TERMS; SETTING FORTH THE TERMS OF THE
SPECIAL MAGISTRATE AND APPOINTMENT OF A
SPECIAL MAGISTRATE PRO TEM; ESTABLISHING CODE
ENFORCEMENT PROCEDURES; ESTABLISHING
HEARING PROCEDURES AND STANDARDS; SETTING
FORTH THE POWERS OF THE SPECIAL MAGISTRATE;
PROVIDING FOR ADMINISTRATIVE FINES, FINES FOR
THE COSTS OF REPAIRS MADE BY THE CITY; LIENS,
PROCEDURES FOR APPLYING FOR AND CONSIDERING
LIEN REDUCTIONS AND RELEASES, SATISFACTIONS,
AND SETTLEMENTS; PROVIDING FOR NOTICE TO
AFFECTED PARTIES; ALLOWING FOR ENFORCEMENT
BY OTHER PROVISIONS; PROVIDING FOR APPEALS;
ESTABLISHING A CODE ENFORCEMENT RECOVERY
FUND; PROVIDING FOR SEVERABILITY, PROVIDING
FOR CONFLICTS, CODIFICATION, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, a qualified Special Magistrate can adjudicate code enforcement cases
expeditiously, dispassionately, and without bias; and
WHEREAS, City Commission of the City of Ocoee has determined that it is in the best
interests of the City to abolish the Code Enforcement Board, subject to future reinstatement in
accordance with section 162.05, Florida Statutes, by ordinance, and to transfer all cases and powers
of the Code Enforcement Board to a Special Magistrate qualified to hear such cases; and
WHEREAS, the City Commission finds, based on data from the Bureau of Economic and
Business Research of the University of Florida and the United States Census Bureau, that the
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population of the City of Ocoee exceeds 50,000 persons, and that a Special Magistrate should have
discretion to impose code enforcement fines up to the limit allowed by section 162.09(2)(d) for cities
whose population equals or exceeds 50,000; and
WHEREAS, the City Commission desires to standardize the procedures for considering
applications to reduce or release code enforcement fines and liens; and
WHEREAS, the City Commission desires to authorize the City Manager or their designee to
recommend the foreclosure of properties with code enforcement liens.
NOW THEREFORE, BE IT ENACTED by the City Commission of the City of Ocoee that:
SECTION 1: AMENDMENTS CHAPTER 7 OF THE CITY CODE
Sections 7-1, 7-2, 7-3, 7-4, 7-5, 7-5.5, 7-6, 7-7, 7-8, 7-9, 7-10, and 7-12 of the Ocoee City
Code are stricken in their entirety and amended and re-enacted as shown below. Words that are
underlined are additions. Articles, Sections, Subsections and Provisions not referenced in this
ordinance or that are not underlined are not modified:
§ 7-1. Title.
This Chapter may be cited as the "Code Enforcement Ordinance."
§ 7-2. Intent.
This Chapter is intended to promote, protect and improve the health, safety and welfare of
the citizens of the City of Ocoee, Florida, by providing for a Special Magistrate with authority to
impose administrative fines and other noncriminal penalties to provide an equitable, expeditious,
effective and inexpensive means of enforcing the codes and ordinances in force in the City of
Ocoee, Florida, where a pending or repeated violation continues to exist.
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§ 7-3. Appointment of Special Magistrate; jurisdiction.
A. There is hereby created the office of Special Magistrate of the City of Ocoee,
Florida.
B. The City of Ocoee, Florida shall appoint a Special Magistrate as provided in this
Chapter, with authority under section 162.03, Florida Statutes, to hold hearings and assess fines
against violators of the city codes and ordinances. In the event of a conflict of interest or in
circumstances when the Special Magistrate is not available due to illness, disability or death, the
City Manager or his designee may appoint a Special Magistrate pro tem to undertake the duties of
the Special Magistrate.
C. The Special Magistrate has jurisdiction to enforce any code or ordinance in force
in the City of Ocoee, Florida, where a single or repeated violation has existed or continues to exist.
D. It is the legislative intent of this Chapter to provide an additional or supplemental
means of obtaining compliance with the codes and ordinances of the City. Nothing contained in
this Chapter shall prohibit the City Commission from enforcing such codes and ordinances by any
other means. The City Commission may appoint one or more Special Magistrates to hear any or
all Code violations in accordance with the procedure shown herein. Any alleged violation of City
codes and ordinances may be pursued by appropriate remedy in court, or as may otherwise be
provided by law.
E. The office of Special Magistrate may be abolished by ordinance.
F. The existing City of Ocoee Code Enforcement Board shall be deemed abolished,
subject to the future reinstatement by ordinance in accordance with section 162.05, Florida
Statutes. All cases before the City of Ocoee Code Enforcement Board shall be deemed reassigned
to the Special Magistrate for hearing and adjudication.
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G. If the office of Special Magistrate is thereafter abolished, all cases pending before
the Special Magistrate, and all powers of the Special Magistrate shall be reassigned to the City of
Ocoee Code Enforcement Board in accordance with the direction given by the city commission
and section 162.05, Florida Statutes, providing for the appointment of a Code Enforcement Board
by ordinance.
§ 7-4. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
CITY — The City of Ocoee, Orange County, Florida.
CITY ATTORNEY — The person or law firm appointed by the City Commission to act
as attorney and counselor for the City under section C-26 of the City Charter.
CITY COMMISSION — The legislative body of the City.
CLERK — The person designated by the City Manager to act as Clerk for the Board and
Special Magistrate. It includes persons designated to act as Deputy Clerks, as provided in § 7-5H.
CODE — The Code of the City of Ocoee.
CODE ENFORCEMENT BOARD – A board of the City of Ocoee constituted to hear
alleged code enforcement violations that was abolished and which may be reestablished by
ordinance pursuant to Florida Statutes 162.05.
CODE INSPECTOR — Any authorized agent or employee of the City who has, as a duty
or as a part of their duties, to assure compliance with the Code or any portion thereof.
REPEAT VIOLATION — A violation of a provision of a code or ordinance by a person
previously found by the Code Enforcement Board or the Special Magistrate to have violated or
who has admitted violating the same provision of the City Code within five years prior to the
violation, at the same or different locations. When assessing a fine, the Special Magistrate is not
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limited to consideration of prior violations more than five years prior to the current violation.
SPECIAL MAGISTRATE — The person authorized to hold hearings and assess fines
against violators of the City codes and ordinances.
§ 7-5. Term of Special Magistrate; Clerk for the Special Magistrate.
A. The Special Magistrate shall be an attorney duly licensed to practice law in the State
of Florida. The Special Magistrate must demonstrate satisfactory knowledge of
municipal law and the general procedures for enforcing municipal codes and must
demonstrate a temperament suitable for exercising the quasi-judicial powers vested
in the office.
B. The City Commission shall appoint at least one qualified person to serve as a
Special Magistrate.
C. The Special Magistrate shall serve for a term of at least one year and may be
reappointed by the City Manager for consecutive one-year terms up to five
additional years. Although appointed for one-year terms, the Special Magistrate
shall be subject to suspension or removal by the City Commission, with or without
cause, at any time during their term. The Special Magistrate shall receive
compensation for services at a rate determined by the City Commission. The
Special Magistrate shall be an independent contractor and not an employee or agent
of the City.
D. To avoid conflicts of interest, the City Attorney will not be appointed to serve or
act as Special Magistrate or as counsel to the Special Magistrate. The city attorney
may attend hearings conducted by the Special Magistrate and represent city staff in
the presentation of cases, or the code enforcement officer may present cases, at the
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option of the city manager or his designee depending upon the substance and
complexities of any given case. To the extent necessary and consistent with the
city's interests in ensuring compliance with City Codes, the city attorney will
defend final orders of the Special Magistrate which are appealed by violators to a
court of competent jurisdiction.
E. The City Manager will designate a City employee as Clerk for the Special
Magistrate. The City Manager may designate additional City employees as a
Deputy Clerk as deemed appropriate to enable the Special Magistrate to efficiently
conduct business. No Board member of the City, the City Attorney, or Code
Inspectors shall be the designated Clerk or Deputy Clerk.
F. The Clerk to the Special Magistrate will be the custodian of the records of the
Special Magistrate, subject to supervision and control of the City Clerk.
§ 7-6. Procedure.
A. A Code Inspector shall patrol the City to identify code violations. In addition, a
Code Inspector shall investigate allegations of code violations by complainants who provide their
name and address, as required by section 162.21, Florida Statutes. A Code Inspector shall initiate
proceedings to enforce the Code. The Special Magistrate may not initiate code enforcement
proceedings.
B. Except as provided in Subsections C and D, infra, if the Code Inspector finds a
violation of the Code, he or she will first give the alleged violator written notice of violation and a
reasonable time in which to correct the violation. If the violation continues beyond the time set for
correction, the Code Inspector will initiate proceedings before the Special Magistrate by filing a
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written notice of violation with the Clerk, which shall be served on the alleged violator in
accordance with section 162.12, Florida Statutes. The Special Magistrate, through their clerical
staff, will schedule a hearing on the alleged violation and give the alleged violator written notice
thereof. At the option of the Code Inspector or clerical staff , notice may additionally be served by
publication as provided in § 7-10 of this Chapter and by posting at the property where the alleged
violation is occurring and at city hall, in accordance with section 162.12, Florida Statues. 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 Special Magistrate
and present evidence relevant to the matter under consideration, may present witnesses to
testify at the hearing, and may be represented by legal counsel of his or her own choosing
at his or her own expense, and may, upon request cross examine any witness of the City
and present a closing argument.
(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 Inspector, the case may be presented to
the Special Magistrate 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 Special Magistrate and request a
hearing. The Special Magistrate, through their clerical staff, shall schedule a hearing and shall
provide a Notice of Hearing to the alleged violator pursuant to § 7-10 of this Chapter and section
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612.12, Florida Statutes. The case may be presented to the Special Magistrate even if the repeat
violation has been corrected prior to the Special Magistrate’s hearing.
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 Special Magistrate and request a hearing.
E. Transfer of ownership.
(1) If the owner of property which is subject to an enforcement proceeding,
before the Special Magistrate, transfers ownership of, or any interest in such property
between the time the initial notice was provided and the time of the hearing, such owner
shall:
(a) Disclose, in writing, the existence and the nature of the proceedings
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 Inspector of the transfer of the property,
with the identity and address of the new owner or possessor of a new interest in the
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property, and copies of the disclosures made to the new owner, within five days
after the date of the transfer.
(2) A failure to make the disclosures described in Subsections E(1)(a), (b), and
(c) above before the transfer creates a rebuttable presumption of fraud. If the property is
transferred before the hearing, the proceedings 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.
§ 7-7. Conduct of hearings.
A. The Special Magistrate will conduct hearings at each Code Enforcement Hearing.
A hearing also may be called by the Special Magistrate, as applicable. Minutes shall be kept of all
hearings by the Special Magistrate, and all hearings and proceedings shall be open to the public.
B. Cases before the Special Magistrate will be presented by the City Attorney, the
Code Inspector, or another member of the City's administrative staff as determined by the City
Manager. The Special Magistrate will take testimony from the Code Inspector in each case
presented for hearing. If the City prevails in prosecuting a case before the Special Magistrate, the
City shall be entitled to recover all costs incurred in prosecuting the case before the Special
Magistrate, including, but not limited to, any fees paid to the Special Magistrate.
C. Testimony before the Special Magistrate will be under oath and recorded. The
Clerk is authorized and empowered to administer oaths to persons testifying before the Special
Magistrate, or the Special Magistrate may administer oaths. The Special Magistrate is also
authorized and empowered to administer oaths to persons testifying before the Special Magistrate.
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D. The alleged violator will have the right to appear in person before the Special
Magistrate to testify personally and present other evidence relevant to the matter under
consideration by the Special Magistrate, to subpoena witnesses to testify at the hearing and to be
represented before the Special Magistrate 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. The Special Magistrate may consider any evidence that a
reasonable person may rely on.
F. At the conclusion of each hearing, the Special Magistrate will issue findings of fact
based on the evidence presented during the hearing, conclusions of law, and an order affording
proper relief consistent with the powers granted the Special Magistrate by the provisions of this
Chapter and chapter 162, Florida Statutes.
G. The order may include a notice that it must be complied with by a specified date;
that a fine may be imposed and, under the conditions specified in § 7-9 of this Chapter, the cost of
repairs 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 Code Inspector written evidence
establishing compliance to the Code Inspector; 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 fine will continue to accrue until compliance occurs.
H. 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 findings therein shall be binding upon the violator
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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 Special Magistrate shall issue an order
acknowledging compliance that the City shall record in the public records. A hearing is not
required to issue such an order acknowledging compliance.
§ 7-8. Powers of Special Magistrate.
The Special Magistrate will have the power to:
A. Adopt rules for conducting hearings, provided that they are not inconsistent with
the provisions of this chapter or chapter 162, Florida Statutes.
B. Subpoena alleged violators, witnesses, and evidence to its hearings. The Special
Magistrate’s rules may provide for the issuance of subpoenas in the name of the Special Magistrate
under this provision by its Clerk and, at the request of the Code Inspector, the City Attorney, other
members of the City's administrative staff responsible to present cases before the Special
Magistrate or the alleged violator.
C. Cause subpoenas issued by the Special Magistrate to be served by the City Police
Department or the County Sheriff.
D. Swear in witnesses and take testimony under oath.
E. Issue orders having the force of law to command whatever steps are necessary to
bring a violation into compliance.
F. Assess and order the payment of civil penalties provided herein and in Ch. 162,
Florida Statutes.
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G. Consider, address, and enforce orders previously entered by the city’s former Code
Enforcement Board.
H. Make recommendations to the City Commission regarding applications for
satisfaction, release, or reduction of code enforcement liens.
I. Authorize the City Attorney to foreclose on a lien arising from the recording in the
official county records of certified copies of the Special Magistrate's orders imposing penalties
after six months from the filing of the lien have elapsed and the lien remains unpaid, subject to
final approval by the City Commission.
J. Hear such cases and appeals as the City Commission may authorize by ordinance.
K. Exercise any other powers set forth in this chapter or in chapter 162, Florida
Statutes.
§ 7-9. Administrative fines; repair costs; liens; reductions, satisfactions, and
settlements.
A. If the Code Inspector notifies the Special Magistrate of a failure to comply with a
compliance order of the Code Enforcement Board or Special Magistrate by the date set in the order,
the Special Magistrate may issue an order requiring the violator to pay a fine not to exceed $1,000
for each day the violation continues past the date set by the prior Code Enforcement Board or
Special Magistrate for compliance, and in addition, the fine may include all costs of repairs
pursuant to Subsection C of this Section, as authorized by section 162.09, Florida Statutes.
B. If the Special Magistrate finds that a repeat violation has been committed, the
Special Magistrate may issue an order requiring the violator to pay a fine not to exceed $5,000 for
each day the repeat violation continues, beginning with the date the repeat violation is found to
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have occurred by the Code Inspector, and in addition, the fine may include all costs of repairs
pursuant to Subsection C of this Section, as authorized by section 162.09, Florida Statutes.
C. If the Special Magistrate finds that a violation is irreparable or irreversible in nature,
the Special Magistrate may also impose a fine not to exceed $15,000, as authorized by section
162.09, Florida Statutes.
D. In addition, the Special Magistrate may impose additional fines to cover all costs
incurred by the city in enforcing its codes and all costs of repairs incurred by the city. Making any
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 any damages to the
property if such repairs were completed in good faith.
D. No fine shall be issued without an evidentiary hearing establishing that a violator
has failed to comply with an order of the Special Magistrate to cease violating the city code. Fines
may accrue until such time as the violator notifies the Code Inspector and establishes compliance,
with the Code Inspector shall confirm. The Code Inspector shall thereafter notify the Special
Magistrate who shall issue an order acknowledging compliance, which shall be recorded in the
public records. A hearing shall not be required to issue such an order acknowledging compliance,
pursuant to sec. 162.07(4), Florida Statutes.
E. In determining the amount of any fine, the Special Magistrate will consider the
following factors:
(1) The gravity of the violation.
(2) Any actions taken by the violator to correct the violation.
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(3) Any previous violations committed by the violator.
F. City policy is to accomplish compliance with the City Code as economically as
possible for all parties. Therefore, after a property owner has been properly noticed of a violation
but prior to a hearing before the Special Magistrate, the City Manager or their designee is
authorized to enter into negotiations to reach a settlement agreement with the violator. Failure of
the violator to comply with the settlement agreement or a recurrence of the violation shall result
in prosecution of the original violation as well as any repeat violation. The City Manager or
designee shall establish the perimeters to be followed for settlement negotiations. Pre-hearing
settlement negotiations shall not be grounds for continuing or otherwise delaying a hearing on the
violation unless agreed to in writing by both parties.
§ 7.9.1. Liens on Property of the Violator and Foreclosure.
A. After the hearing before the Special Magistrate, a certified copy of an order
imposing a fine, or a fine plus repair costs, may be recorded in the official County records
and will thereafter constitute a lien 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 shall be 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.
B. 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 filed pursuant to this
Section, whichever occurs first. A lien arising from a fine imposed pursuant to this Section
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runs in favor of the City, and the City Commission may execute a satisfaction, reduction,
or release of a lien entered pursuant to this Section, unless otherwise provided herein.
C. Six months after the filing of any code enforcement lien that remains
unpaid, the City will undertake a review to determine whether to recommend foreclosure
to the Special Magistrate. Upon a duly noticed hearing, the Special Magistrate 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 § 4, Article X
of the Florida Constitution. The money judgment provisions of this Section shall not apply
to real property or personal property which is covered under § 4(a), Article X of the Florida
Constitution.
D. After an order assessing a fine against a violator has been issued and compliance
has been achieved, nothing herein shall prohibit the City Commission, or City Manager or their
designee from reducing, eliminating, satisfying, or otherwise settling the assessed fine or lien or
the Special Magistrate from recommending that the City Commission or City Manager or designee
reduce, eliminate, satisfy, or otherwise settle the assessed fine or lien. The City Manager or
designee shall establish the procedures to be followed for reducing, eliminating, satisfying, or
otherwise settling the assessed fine or lien and for recording satisfaction thereof in the official
County records.
E. The lien will be automatically extinguished 20 years after the date the certified copy
of the order imposing a fine is recorded, unless within that time the City commences an action
pursuant to this chapter in a court of competent jurisdiction. In an action to foreclose on a lien or
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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 City Commission shall be entitled to collect all costs
incurred in recording and satisfying a valid lien. Commencement of an action pursuant to § 7-9 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.
F. The Clerk is authorized and empowered to issue certified copies of the Special
Magistrate's records.
G. Actions for money judgments under this Chapter may be pursued on fines levied
after October 1, 2000.
H Application for the satisfaction, release, or reduction of code enforcement liens.
(1) Lien satisfaction. Upon full payment by the applicant of the fine or penalty
imposed in accordance with this division, the city manager is hereby authorized
to execute and record in the public records of Orange County, Florida, a
satisfaction of lien on behalf of the City. The applicant shall be responsible for
paying all costs of recording.
(2) Requests for lien release or reduction. Upon request for a release or reduction of
a fine or lien imposed in accordance with this division, the applicant shall submit
a written application to the city manager or designee, in accordance with this
section.
(a) Application. The application for release or reduction of lien shall be in
written form, typed or handwritten, by the applicant and shall be submitted
to the city manager, or their designee. The application shall be executed
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under oath and sworn to in the presence of a notary public, and shall
include, but may not be limited to, the following:
i. A copy of the order imposing a lien upon the property including
the code enforcement case number;
ii. The date upon which the applicant brought the subject property
into compliance with the City Code;
iii. The basis upon which the applicant believes the application for
release or reduction of lien should be granted;
iv. The terms upon which the release or reduction of lien should be
granted;
v. The reasons, if any, compliance was not obtained prior to the order
of penalty or fine being recorded;
vi. The amount of reduction in fines or lien sought by the applicant;
vii. A statement verifying whether the applicant was issued any title
policy or policies for the subject property encumbered by the lien
after the date the lien was recorded in the public records of Orange
County, Florida. If such a policy or policies were issued to the
applicant, a copy of any such title policy shall be submitted with
the application;
viii. Any other information which the applicant deems pertinent to the
request, including but not limited to the circumstances that exist
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which would warrant the reduction or satisfaction of the penalty or
fine.
(b) Application Fees. The applicant shall submit, at the time of
application, any application fee established by the city to defray some or all costs
incurred by the City in processing the application including, but not limited to,
personnel, legal, and costs associated with recording the order imposing a penalty
or fine and the requested release or reduction of lien. The application fee is
nonrefundable, without regard to the final disposition of the application.
(c) Application review. Upon receipt of the application and payment of
the application fee provided above, the code enforcement division shall confirm
that the violation, which resulted in the order imposing penalty or fine, has been
corrected. If the violation has been corrected and there are no current code
violation(s) upon the property in question, the code enforcement division shall
place the application and a staff recommendation upon the agenda of the next
meeting of the Special Magistrate for a hearing and recommendation to the city
commission.
(d) At a duly noticed hearing, the Special Magistrate shall review and
consider the application for reduction or release of lien, provide the violator with
an opportunity to address the Special Magistrate regarding the application for
reduction or release of lien, and to take the testimony of other interested parties,
including but not limited to city staff.
(e) The Special Magistrate shall render a written recommendation to
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the city commission based on findings of fact and law to either approve, approve
with conditions, or deny the application for reduction or release of lien. The city
commission shall consider and give considerable weight to the written
recommendation of the Special Magistrate and render a final decision on the
application.
(3) The Special Magistrate, in making a recommendation, and the city commission, in
making a final decision, shall consider and apply the following factors in
determining the amount of any reduction or release of lien:
(a) The amount of any administrative and out-of-pocket costs incurred by the
city which are directly associated with the underlying code enforcement case
and lien including, but not limited to, code enforcement staff and attorney time,
postage, advertising and recording costs, and other city expenses related to any
measure taken to abate a nuisance caused by the violation;
(b) The gravity and number of the violation(s);
(c) The amount of the requested reduction;
(d) The time in which it took to bring the property into compliance;
(e) Whether the applicant was responsible for the violation which caused the
lien;
(f) Whether the applicant is or will be a bona fide purchaser of the subject
property and is filing or has filed for a homestead exemption evidencing a desire to
reside within the city on a non-transient basis, or whether the property is or will be
Page 20 of 25
acquired for investment or other purposes;
(g) Whether the applicant acquired the subject property with knowledge of the
subject lien or should have knowledge of the lien through reasonable due diligence;
(h) The accrued amount of the code enforcement fine or lien as compared to the
current market value of the property;
(i) With respect to a speculator, non-homestead purchaser of the subject
property, the accrued amount of the code enforcement fine or lien as compared to the
investment/profit that will be gained as a result of the purchase or sale of the property
and the reduction or satisfaction;
(j) Any previous or subsequent violations pertaining to the property
unless an order finding a violation is under appeal at the time of determination;
(k) Any previous or subsequent violations of the applicant pertaining to
the other properties owned within city, unless an order finding a violation is under
appeal at the time of determination;
(l) Any relevant information contained in any title policy required to be
submitted to the city under this section;
(m) Any financial hardship;
(n) Any other mitigating circumstance which may warrant the reduction
or satisfaction of the penalty or fine; and
(o) Any other administrative review criteria relevant to whether it is
equitable to reduce or release a lien which are adopted by the city manager, in writing,
Page 21 of 25
and are intended to be applied to all applications on a uniform basis.
(4) Any fine or lien reduction approved by the city commission shall, to the maximum
extent feasible, provide for the city to collect, at a minimum, all administrative and
out-of-pocket costs incurred by the city with respect to the violation(s) at issue. If
the city commission approves the application to reduce or release the lien and the
approval is conditioned upon the applicant paying a reduced penalty, fine, or any
other condition, the satisfaction or release of lien shall not be prepared or recorded
in the public records of Orange County, Florida by the city manager until the
condition(s) imposed by the city commission have been satisfied.
(5) The applicant shall have 30 days, or such time period determined by the city
commission in a written agreement, in which to comply with any decision of or
condition imposed by the city commission or the application shall be deemed
automatically denied and thereafter, the applicant shall be barred from applying for
a subsequent reduction or release of lien for a period of one year from the date of
the city commission's decision. During the one-year period, the lien may only be
satisfied and released upon full payment of the fine or penalty imposed in
accordance with this division.
(6) When a lien is satisfied as a result of reduced payment or release as ordered by the
city commission, the city manager or their designee is hereby authorized to execute
and record in the public records of Orange County, Florida, a satisfaction of lien on
behalf of the city.
Page 22 of 25
§ 7-10. Notices.
A. All notices required by this Chapter will be provided to the alleged violator
by:
(1) Certified mail, return receipt requested, provided that 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 be 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 Ch. 48, Florida Statutes;
(3) 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
(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
Code Inspector, notice may also be served by publication or posting, as follows:
(1) Such notice shall be published once during each week for four consecutive
weeks, four publications being sufficient, in a newspaper of general circulation in Orange
Page 23 of 25
County. The newspaper must meet such requirements as are prescribed under Ch. 50,
Florida Statutes, for legal and official advertisements. Proof of publication shall be made
as provided in §§ 50.041 and 50.051, Florida Statutes.
(2) In lieu of publication as described in Subsection B(1), such notice may be
posted at least ten 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 at city hall where
notices are customarily posted. 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.
§ 7-11. Enforcement by other provisions.
Nothing in this Chapter will be deemed to prohibit the City from enforcing its codes by
any other means; the provisions of this Chapter are merely an additional or supplemental means
of obtaining compliance with the City's codes.
§ 7-12. Appeals.
Except as provided in Section 7-9 or otherwise in the city code, final administrative orders
Page 24 of 25
of the Special Magistrate may be appealed to the Circuit Court for Orange County, Florida, by any
aggrieved party to the proceeding in which the order is issued, including the City, provided that
the appeal is filed within 30 days of execution of the order to be appealed.
§ 7-13. Code Enforcement Recovery Fund.
The City shall establish on its financial records an internal account consisting of monies
recovered because of code enforcement fines and liens. The City may allocate such funds to pay
for the Special Magistrate’s fees, for repair and maintenance costs to abate nuisances and bring
properties into compliance with City Code, to purchase nuisance properties, and for such other
purposes as the city commission may established by resolution.
SECTION 2: SEVERABILITY AND CORRECTION OF ERRORS. The provisions of
this Ordinance are declared to be severable and if any section, paragraph, sentence or word of this
Ordinance or the application as to any person or circumstance is held invalid, that invalidity shall
not affect other sections or words or applications of this Ordinance. If any part of this Ordinance
is found to be preempted or otherwise superseded, the remainder of this Ordinance shall
nevertheless be given full force and effect to the extent permitted by the severance of such
preempted or superseded part. The City Clerk is given liberal authority to ensure proper
codification of this Ordinance, including the right to correct scrivener’s errors.
SECTION 3: CONFLICTS. In the event of a conflict between this Ordinance and any
other ordinance of the City of Ocoee, this Ordinance shall control to the extent of any such conflict.
SECTION 4: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its
passage and in accordance with Florida law.
Page 25 of 25
PASSED AND ADOPTED this _______ day of ____________________, 2026.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
_________________________________
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED _________________, 2026
READ FIRST TIME __________________,
2026.
READ SECOND TIME AND ADOPTED
______________________________, 2026.
UNDER AGENDA ITEM NO. __________
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this ___ day of _____________, 2026.
By: ______________________________
Richard S. Geller
City Attorney
S:\AKA\CLIENTS\Ocoee, City of\Code Enforcement O164-27493\Ordinance Assigning Special Magistrate to Residential
Cases\Ordinance Creating Office of Special Magistrate - rsg - 2 19 25.docx
Ocoee, Florida, Code of Ordinances
Chapter 7 ENFORCEMENT OF CODE
Ocoee, Florida, Code of Ordinances Created: 2026‐02‐10 11:05:17 [EST]
(Supp. No. 57, Update 1)
Page 1 of 13
Chapter 7
ENFORCEMENT OF CODE
[HISTORY: Adopted by the City Commission of the City of Ocoee 6‐16‐1981 as Ord. No. 741 (Ch. 7.5 of the 1977
Code of Ordinances); amended in its entirety 9‐1‐1987 by Ord. No. 1004; and 1‐17‐2017 by Ord. No. 2017‐005.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
§ 7‐1. Title.
This Chapter may be cited as the "Ocoee Code Enforcement Board and Special MagistrateCode Enforcement
Ordinance."
§ 7‐2. Intent.
This Chapter is intended to promote, protect and improve the health, safety and welfare of the citizens of
the City of Ocoee, Florida, by creating an Administrative Board and providing for a Special Magistrate with
authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious,
effective and inexpensive means of enforcing the codes and ordinances in force in the City of Ocoee, Florida,
where a pending or repeated violation continues to exist.
§ 7‐3. Establishment Appointment of Code Enforcement Board and Special Magistrate;
jurisdiction.
A. There is hereby created the office of Special Magistrate of the City of Ocoee, Florida.The City of Ocoee,
Florida, will have one Administrative Board a Special Magistrate as provided in this Chapter. and which will
be called the "Code Enforcement Board of the City of Ocoee, Florida."
B. There is hereby created the office of Special Magistrate of the City of Ocoee, Florida, which will be called the
"Code Enforcement Special Magistrate." The City of Ocoee, Florida shall appoint a Special Magistrate as
provided in this Chapter, with authority under Florida Statutes § 162.03, to hold hearings and assess fines
against violators of the city codes and ordinances. In the event of a conflict of interest or in circumstances
when the Special Magistrate is not available due to illness, disability or death, the City Manager or his
designee may appoint a Special Magistrate pro tem to undertake the duties of the Special Magistrate.
C. Both the Board and The Special Magistrate will havehas jurisdiction to enforce any of the codes andor
ordinances in force in the City of Ocoee, Florida, where a pending single or repeated violation has existed or
continues to exist. The jurisdiction of the Board and Special Magistrate shall be nonexclusive; provided,
however, that the Board Special Magistrate shall have primary jurisdiction regarding violations relating to
residentially zoned properties and the Special Magistrate shall have primary jurisdiction regarding violations
relating to properties zoned other than residential. Deviations from the primary jurisdiction set forth above
shall be made by the City Manager or designee who shall have final jurisdictional authority. Deviations may
be made at the direction of the City Manager or designee on violations involving matters including, but not
limited to, the land development code, life safety issues, a conflict of interest, demolition, eviction, and/or
chronic or repeat offenders.
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D. It is the legislative intent of this Chapter to provide an additional or supplemental means of obtaining
compliance with the codes and ordinances of the City. Nothing contained in this Chapter shall prohibit the
City Commission from enforcing such codes and ordinances by any other means. The City Commission may
appoint one or more Special Magistrates to hear any or all Code violations in accordance with the procedure
shown herein. Any alleged violation of City codes and ordinances may be pursued by appropriate remedy in
court, or as may otherwise be provided by law.
E. The Code Enforcement Board or office of Special Magistrate may be abolished by ordinance.
F. The existing City of Ocoee Code Enforcement Board shall be deemed abolished, subject to the future
reinstatement by ordinance in accordance with section 162.05, Florida Statutes. All cases before the City of
Ocoee Code Enforcement Board shall be deemed reassigned to the Special Magistrate for hearing and
adjudication.
G. If the office of Special Magistrate is thereafter abolished, all cases pending before the Special Magistrate, and
all powers of the Special Magistrate shall be reassigned to the City of Ocoee Code Enforcement Board in
accordance with the direction given by the city commission and section 162.05, Florida Statutes, providing
for the appointment of a Code Enforcement Board.
§ 7‐4. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
BOARD — The Code Enforcement Board of the City.
BOARD ATTORNEY — The person appointed by the City Commission pursuant to § 7‐5A of this Chapter
to act as legal counsel for the Board.
CITY — The City of Ocoee, Orange County, Florida.
CITY ATTORNEY — The person or law firm appointed by the City Commission to act as attorney and
counselor for the City under section C‐26 of the City Charter.
CITY COMMISSION — The legislative body of the City.
CODE ENFORCEMENT BOARD – A board of the City of Ocoee constituted to hear alleged code
enforcement violations that was abolished and which may be reestablished by ordinance pursuant to
Florida Statutes 162.05.
CLERK — The person designated by the City Manager to act as Clerk for the Board and Special
Magistrate. It includes persons designated to act as Deputy Clerks, as provided in § 7‐5H.
CODE — The Code of the City of Ocoee.
CODE INSPECTOR — Any authorized agent or employee of the City who has, as a duty or as a part of his
their duties, the duty to assure compliance with the Code or any portion thereof.
REPEAT VIOLATION — A violation of a provision of a code or ordinance by a person who has been
previously found through by the Code Enforcement Board andor the Special Magistrate to have
violated or who has admitted violating the same provision of the City Code within five years prior to
the violation, at the same or different locations. notwithstanding the violations which occurred at
different locations.
SPECIAL MAGISTRATE (or Code Enforcement Special Magistrate) — The person authorized to hold
hearings and assess fines against violators of the City codes and ordinances.
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(Supp. No. 57, Update 1)
Page 3 of 13
§ 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 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 members shall be appointed for terms of one year each.
(2) Three members shall be appointed for terms of two years each.
(3) Two members shall be appointed for terms of three years each.
C. All subsequent regular appointments to the Board will be for terms of three years.
D. If a Board member fails to attend two of three 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 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.
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.
§ 7‐5.5. Term of Special Magistrate; Clerk for Special Magistrate.
A. The City Commission is authorized and hereby provides for the designation of one or more a Code
Enforcement Special Magistrates for the purposes of conducting administrative hearings regarding
Code violation cases brought by Code Inspectors.
B. The Code Enforcement Special Magistrate shall be an attorney duly licensed to practice law in the State
of Florida. The Special Magistrate must demonstrate satisfactory knowledge of municipal law and the
general procedures for enforcing municipal codes and must demonstrate a temperament suitable for
exercising the quasi‐judicial powers vested in the office.
C. The City may utilize the services of one or more a Code Enforcement Special Magistrate(s) to conduct
hearings concerning codes and ordinances in force within the City. The City Commission shall, on an
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(Supp. No. 57, Update 1)
Page 4 of 13
annual basis, appoint at least one qualified person to serve as a Code Enforcement Special
Magistrate(s).
D. Each The Code Enforcement Special Magistrate shall serve for a term of at least one year, and may be
reappointed by the City Manager for consecutive one‐year terms up to five additional years. Although
appointed for one‐year terms, the Code Enforcement Special Magistrate(s) shall be subject to
suspension or removal by the City Commission, with or without cause, from his or her position at any
time during his or her their term. The Code Enforcement Special Magistrate(s) shall not be considered
to be a City employees, though they may receive compensation for their services at a rate to be
determined by the City Commission. The Special Magistrate shall be as an independent contractor and
not an employee or agent of the City..
E. To avoid conflicts of interest, Tthe City Attorney will not be appointed to be serve or act as the Code
Enforcement Special Magistrate or as counsel to the Special Magistrate. The city attorney may attend
hearings conducted by the Special Magistrate and represent city staff in the presentation of cases, or
the code enforcement officer may present cases, at the option of the city manager or his designee
depending upon the substance and complexities of any given case. To the extent necessary and
consistent with the city's interests in ensuring compliance with City Codes, the city attorney will defend
final orders of the Special Magistrate which are appealed by violators to a court of competent
jurisdiction.
F. The City Manager will designate a City employee as Clerk for the Special Magistrate. The City Manager
may designate additional City employees as a Deputy Clerks as he deemeds appropriate to enable the
Special Magistrate to the efficiently conduct of the Special Magistrate's business. No Board members of
the City, the City Attorney, and or Code Inspectors will not shall be the designated Clerk or Deputy
Clerk.
G. The Clerk to the Special Magistrate will be the custodian of the records of the Special Magistrate,
subject to supervision and control of the City Clerk.
§ 7‐6. Procedure.
A. It will be the duty of the A Code Inspector shall have the duty to initiate proceedings to enforce the
Code. No member in the capacity as of the Board or The Special Magistrate may not initiate Code
enforcement proceedings.
B. Except as provided in Subsections C and D, infra, if the Code Inspector finds a violation of the Code, he
or she will first give the alleged violator written notice of violationthereof and a reasonable time in
which to correct the violation. If the violation continues beyond the time set for correction, the Code
Inspector will initiate proceedings before the Board or Special Magistrate by filing a written statement
notice of violations with the Clerk, which shall be served on the alleged violator in accordance with
section 162.12, Florida Statutes. The Board or Special Magistrate, through its their clerical staff, will
schedule a hearing on the alleged violation and give the alleged violator written notice thereof. At the
option of the Code Inspector or clerical staff Board or Special Magistrate, notice may additionally be
served by publication as provided in § 7‐10 of this Chapter and by posting at the property where the
alleged violation is occurring and at city hall, in accordance with section 162.12, Florida Statues. 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 or Special Magistrate and present
evidence relevant to the matter under consideration by the Board or Special Magistrate, may
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(Supp. No. 57, Update 1)
Page 5 of 13
subpoena present witnesses to testify at the hearing, and may be represented before the Board
or Special Magistrate by legal counsel of his or her own choosing at his or her own expense, and
may, upon request cross examine any witness of the City and present a closing argument.
(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 Inspector, the case may be presented to the Board or Special
Magistrate 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 or Special Magistrate and request a hearing. The Board or
Special Magistrate, through its their clerical staff, shall schedule a hearing and shall provide a nNotice
of Hearing to the alleged violator pursuant to § 7‐10 of this Chapter and section 612.12, Florida
Statutes. The case may be presented to the Board or Special Magistrate even if the repeat violation has
been corrected prior to the Board or Special Magistrate’s 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 or Special Magistrate and request a hearing.
E. Transfer of ownership.
(1) If the owner of property which is subject to an enforcement proceeding, before the Board or
Special Magistrate, transfers ownership of, or any interest in such property between the time the
initial notice was provided and the time of the hearing, such owner shall:
(a) Disclose, in writing, the existence and the nature of the proceedings 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 Inspector of the transfer of the property, with the identity and
address of the new owner or possessor of a new interest in the property, and copies of the
disclosures made to the new owner, within five days after the date of the transfer.
(2) A failure to make the disclosures described in Subsections E(1)(a), (b), and (c) above before the
transfer creates a rebuttable presumption of fraud. If the property is transferred before the
hearing, the proceedings 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.
§ 7‐7. Conduct of hearings.
A. The Board Special Magistrate will conduct hearings at each Code Enforcement Hearing 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, by written notice signed by at least three members of the Board,
or by the Special Magistrate, as applicable. Minutes shall be kept of all hearings by the Board and
Special Magistrate, and all hearings and proceedings shall be open to the public.
B. Cases before the Board or Special Magistrate will be presented by the City Attorney, the Code
Inspector, or another member of the City's administrative staff as determined by the City Manager. The
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(Supp. No. 57, Update 1)
Page 6 of 13
Board or Special Magistrate will take testimony from the Code Inspector in each case presented to the
Board or Special Magistrate for hearing. If the City prevails in prosecuting a case before the Board or
Special Magistrate, the City shall be entitled to recover all costs incurred in prosecuting the case before
the Board or Special Magistrate, including, but not limited to, any fees paid to the Special Magistrate.
C. Testimony before the Board or Special Magistrate will be under oath and shall be recorded. The Clerk is
authorized and empowered to administer oaths to persons testifying before the Board or Special
Magistrate, or the Special Magistrate may administer oaths. The Board Chairman or presiding Board
member, Special Magistrate, and Board Attorney are also is authorized and empowered to administer
oaths to persons testifying before the Board or Special Magistrate.
D. The alleged violator will have the right to appear in person before the Board or Special Magistrate, to
testify personally and present other evidence relevant to the matter under consideration by the Board
or Special Magistrate, to subpoena witnesses to testify at the hearing and to be represented before the
Board or Special Magistrate 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. The Special Magistrate may consider any evidence that a reasonable person may rely on.
F. At the conclusion of each hearing, the Board or Special Magistrate will issue findings 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 or Special Magistrate by the provisions of
this Chapter and chapter 162, Florida Statutes.
G. Findings by the Board will be by motion approved by a majority of those members present and voting,
but at least four members present must vote on the motion for the action to be official.
G.H. The order may include a notice that it must be complied with by a specified date; that a fine may be
imposed and, under the conditions specified in § 7‐9C of this Chapter, the cost of repairs 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 fine 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 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 Board or Special Magistrate 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.
§ 7‐8. Powers of Board and Special Magistrate.
The Board and/or Special Magistrate will have the power to:
A. Board adopt rules for its administration and Board and Special Magistrate to aAdopts rules for the
conducting of its hearings, provided that they are not inconsistent with the provisions of this cChapter
or Cch. 162, Florida Statutes.
B. Subpoena alleged violators, witnesses, and evidence to its hearings. The Board or Special Magistrate’s
rules may, by its rules, provide for the issuance of subpoenas in the name of the Board or Special
Magistrate under this provision by its Clerk and, at the request of the Code Inspector, the City
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(Supp. No. 57, Update 1)
Page 7 of 13
Attorney, other members of the City's administrative staff responsible to present cases before the
Board or Special Magistrate or the alleged violator.
C. Cause subpoenas issued by the Board or Special Magistrate to be served by the City Police Department
or the County Sheriff.
D. Swear in witnesses and Ttake testimony under oath.
E. Issue orders having the force of law to command whatever steps are necessary to bring a violation into
compliance.
F. Assess and order the payment of civil penalties provided herein and in Ch. 162, Florida Statutes.
G. Consider, address, and enforce orders previously entered by the city’s Code Enforcement Board.
F.H. Make recommendations to the City Commission regarding applications for satisfaction, release, or
reduction of code enforcement liens.
F. I. Authorize the City Attorney to foreclose on a lien arising from the recording in the official county
records of certified copies of the Board or Special Magistrate's orders imposing penalties after three six
months from the filing of the lien have elapsed and the lien remains unpaid, subject to final approval
by the City Commission.
J. Hear such cases and appeals as the City Commission may authorize by ordinance.
K. Exercise any other powers set forth in this chapter or in chapter 162, Florida Statutes.
§ 7‐9. Administrative fines; costs of repairs costs; liens; reductions, satisfactions, and
settlements.
A. If the Code Inspector notifies the Board or Special Magistrate of a failure to comply with a compliance
order of the Board or Special Magistrate by the date set in the order, the Board or Special Magistrate
may issue an order requiring the violator to pay a fine not to exceed $250 $500 for each day the
violation continues past the date set by the prior Code Enforcement Board or Special Magistrate 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 or Special Magistrate and the Board or Special Magistrate so
finds that a repeat violation has been committed, the Board or Special Magistrate may issue an order
requiring the violator to pay a fine not to exceed $500$1000 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.
C. If the Special Magistrate finds that a violation is irreparable or irreversible in nature, the Special
Magistrate may impose a fine not to exceed $5,000.
D. C. In addition, if the violation is a violation described in § 7‐6D of this Chapter, the Board or Special
Magistrate shall notify the City Commission,the Special Magistrate may impose additional fines to
cover all costs incurred by the city in enforcing its codes and all costs of repairs incurred by the city.
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 any 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
any damages to the property if such repairs were completed in good faith.
Formatted: Strikethrough
Formatted: Indent: First line: 0.33"
Commented [RG1]: Chapter 162 ordinarily limits fines to
$250 per day, per violation or $500 per day, per violation for
repeat violations. However, a municipality with a
population equal or greater than 50,000 may adopt, by a
vote of at least a majority plus one of the entire governing
body, an ordinance that allows fines of up to $1,000 per day
for a first violation, $5,000 per day for a repeat violation,
and $15,000 for irreparable or irreversible violations. Fla.
Stat. sec. 162.09(2)(d).
We need census confirmation that Ocoee’s population
exceeds 50,000 and direction from the City Commission to
exceed $250/$500.
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(Supp. No. 57, Update 1)
Page 8 of 13
D. No fine shall be issued without an evidentiary hearing establishing that a violator has failed to comply
with an order of the Special Magistrate to cease violating the city code. Fines may accrue until such
time as the violator notifies the Code Inspector and establishes compliance, with the Code Inspector
shall confirm. The Code Inspector shall thereafter notify the Special Magistrate who shall issue an
order acknowledging compliance, which shall be recorded in the public records. A hearing shall not be
required to issue such an order acknowledging compliance, pursuant to sec. 162.07(4), Florida
Statutes. 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 any fine, if any, the Board or Special Magistrate 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. City policy is to accomplish compliance with the City Code as economically as possible for all parties.
Therefore, after a property owner has been properly noticed of a violation but prior to a hearing before
the Board or Special Magistrate, the City Manager or their designee is authorized to enter into
negotiations andto reach a settlement agreement with the violator. Failure of the violator to comply
with the settlement agreement or a recurrence of the violation shall result in prosecution of the
original violation as well as the any repeat violation, if applicable. The City Manager or designee shall
establish the perimeters to be followed for settlement negotiations. Pre‐hearing settlement
negotiations shall not be grounds for continuing or otherwise delaying a hearing on the violation unless
agreed to in writing by both parties.
§ 7.9.1G. Liens on Property of the Violator and Foreclosure.
A. Following After the hearing before the Board or Special Magistrate, a certified copy of
an order imposing a fine, or a fine plus repair costs, may be recorded in the official County records and
will thereafter constitute a lien 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 shall be
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.
B. 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 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, reduction, or release of a lien
entered pursuant to this Section, unless otherwise provided herein.
C. After three Six months from after the filing of any such lien which that remains unpaid,
the City will undertake a review to determine whether to recommend foreclosure to the Special
Magistrate. Upon a duly noticed hearing, the Board or Special Magistrate 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 § 4, Article X of the State Florida Constitution. The money
judgment provisions of this Section shall not apply to real property or personal property which is
covered under § 4(a), Article X of the State Florida Constitution.
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Page 9 of 13
D. H. After an order assessing a fine against a violator has been issued and compliance has been
achieved, nothing herein shall prohibit the City Commission, or City Manager or designee from
reducing, eliminating, satisfying, or otherwise settling the assessed fine or lien or the Board or Special
Magistrate from recommending that the City Commission or City Manager or designee reduce,
eliminate, satisfy, or otherwise settle the assessed fine or lien. The City Manager or designee shall
establish the procedures to be followed for reducing, eliminating, satisfying, or otherwise settling the
assessed fine or lien and for recording satisfaction thereof in the official County records.
I.E. The lien will be automatically extinguished 20 years after the date the certified copy of the order
imposing a fine is recorded, unless within that time the City commences an action is commenced
pursuant to this Cchapter 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 City Commission shall be entitled to collect all costs
incurred in recording and satisfying a valid lien. Commencement of an action pursuant to § 7‐9G 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.
J.F. The Clerk is authorized and empowered to issue certified copies of the Board or Special Magistrate's
records.
KG. Actions for money judgments under this Chapter may be pursued only on fines levied after October 1,
2000.
H. Application for the satisfaction, release, or reduction of code enforcement liens.
(1) Lien satisfaction. Upon full payment by the applicant of the fine or penalty imposed in
accordance with this division, the city manager is hereby authorized to execute and record in the public
records of Orange County, Florida, a satisfaction of lien on behalf of the City. The applicant shall be
responsible for paying all costs of recording.
(2) Requests for lien release or reduction. Upon request for a release or reduction of a fine or lien
imposed in accordance with this division, the applicant shall submit a written application to the city
manager or designee, in accordance with this section.
(a) Application. The application for release or reduction of lien shall be in written form,
typed or handwritten, by the applicant and shall be submitted to the city manager, or
their designee. The application shall be executed under oath and sworn to in the
presence of a notary public, and shall include, but may not be limited to, the following:
i. A copy of the order imposing a lien upon the property including the code
enforcement case number;
ii. The date upon which the applicant brought the subject property into
compliance with the City Code;
iii. The basis upon which the applicant believes the application for release or
reduction of lien should be granted;
iv. The terms upon which the release or reduction of lien should be granted;
v. The reasons, if any, compliance was not obtained prior to the order of penalty
or fine being recorded;
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Page 10 of 13
vi. The amount of reduction in fines or lien sought by the applicant;
vii. A statement verifying whether the applicant was issued any title policy or
policies for the subject property encumbered by the lien after the date the lien was recorded
in the public records of Orange County, Florida. If such a policy or policies were issued to the
applicant, a copy of any such title policy shall be submitted with the application;
viii. Any other information which the applicant deems pertinent to the request,
including but not limited to the circumstances that exist which would warrant the reduction
or satisfaction of the penalty or fine.
(b) Application Fees. The applicant shall submit, at the time of application, an application fee
established by the city to defray some or all costs incurred by the City in processing the
application including, but not limited to, personnel, legal, and costs associated with recording
the order imposing a penalty or fine and the requested release or reduction of lien. The
application fee is nonrefundable, without regard to the final disposition of the application.
(c) Application review. Upon receipt of the application and payment of the application fee
provided above, the code enforcement division shall confirm that the violation, which resulted
in the order imposing penalty or fine, has been corrected. If the violation has been corrected
and there are no current code violation(s) upon the property in question, the code enforcement
division shall place the application and a staff recommendation upon the agenda of the next
meeting of the Special Magistrate for a hearing and recommendation to the city commission.
(d) At the duly noticed hearing before the Special Magistrate, the Special Magistrate shall review
and consider the application for reduction or release of lien, provide the violator with an
opportunity to address the Special magistrate regarding the application for reduction or release
of lien, and to take the testimony of other interested parties, including but not limited to city
staff.
(e) The Special Magistrate shall render a written recommendation to the city commission based on
findings of fact and law to either approve, approve with conditions, or deny the application for
reduction or release of lien. The city commission shall consider and give considerable weight to
the written recommendation of the Special Magistrate and render a final decision on the
application.
(b) The Special Magistrate, in making a recommendation, and the city commission, in making a final
decision, shall consider and apply the following factors in determining the amount of any reduction or
release of lien:
(a) The amount of any administrative and out‐of‐pocket costs incurred by the city which are directly
associated with the underlying code enforcement case and lien including, but not limited to, code
enforcement staff and attorney time, postage, advertising and recording costs, and other city
expenses related to any measure taken by the city to abate a nuisance caused by the violation;
(b) The gravity and number of the violation(s);
(c) The amount of the requested reduction;
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(d) The time in which it took to bring the property into compliance;
(e) Whether the applicant was responsible for the violation which caused the lien;
(f) Whether the applicant is or will be a bona fide purchaser of the subject property and is filing or has
filed for a homestead exemption evidencing a desire to reside within the city on a non‐transient
basis, or whether the property is or will be acquired for investment or other purposes;
(g) Whether the applicant acquired the subject property with knowledge of the subject lien or should
have knowledge of the lien through reasonable due diligence;
(h) The accrued amount of the code enforcement fine or lien as compared to the current market value
of the property;
(i) With respect to a speculator, non‐homestead purchaser of the subject property, the accrued
amount of the code enforcement fine or lien as compared to the investment/profit that will be
gained as a result of the purchase or sale of the property and the reduction or satisfaction;
(j) Any previous or subsequent violations pertaining to the property unless an order finding a violation
is under appeal at the time of determination;
(k) Any previous or subsequent violations of the applicant pertaining to the other properties owned
within city, unless an order finding a violation is under appeal at the time of determination;
(l) Any relevant information contained in any title policy required to be submitted to the city under
this section;
(m) Any financial hardship;
(n) Any other mitigating circumstance which may warrant the reduction or satisfaction of the
penalty or fine; and
(o) Any other administrative review criteria relevant to whether it is equitable to reduce or release a
lien which are adopted by the city manager, in writing, and are intended to be applied to all
applications on a uniform basis.
(c) Any fine or lien reduction approved by the city commission shall, to the maximum extent feasible,
provide for the city to collect, at a minimum, all administrative and out‐of‐pocket costs incurred by the
city with respect to the violation(s) at issue. If the city commission approves the application to reduce
or release the lien and the approval is conditioned upon the applicant paying a reduced penalty, fine,
or any other condition, the satisfaction or release of lien shall not be prepared or recorded in the
public records of Orange County, Florida by the city manager until the condition(s) imposed by the city
commission have been satisfied.
(d) The applicant shall have 30 days, or such time period determined by the city commission in a written
agreement, in which to comply with any decision of or condition imposed by the city commission or
the application shall be deemed automatically denied and thereafter, the applicant shall be barred
from applying for a subsequent reduction or release of lien for a period of one year from the date of
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the city commission's decision. During the one‐year period, the lien may only be satisfied and released
upon full payment of the fine or penalty imposed in accordance with this division.
(e) When a lien is satisfied as a result of reduced payment or release as ordered by the city commission,
the city manager or their designee is hereby authorized to execute and record in the public records of
Orange County, Florida, a satisfaction of lien on behalf of the city.
§ 7‐10. Notices.
A. All notices required by this Chapter will be provided to the alleged violator by:
(1) Certified mail, return receipt requested, provided that 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 be 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 Ch. 48, Florida Statutes;
(3) 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
(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 or Special
MagistrateCode Inspector, notice may also be served by publication or posting, as follows:
(1) Such notice shall be published once during each week for four consecutive weeks, four
publications being sufficient, in a newspaper of general circulation in Orange County. The
newspaper must meet such requirements as are prescribed under Ch. 50, Florida Statutes, for
legal and official advertisements. Proof of publication shall be made as provided in §§ 50.041 and
50.051, Florida Statutes.
(2) In lieu of publication as described in Subsection B(1), such notice may be posted at least ten 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 at the primary City government officecity hall where notices are
customarily posted. 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.
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§ 7‐11. Enforcement by other provisions.
Nothing in this Chapter will be deemed to prohibit the City from enforcing its codes by any other means; the
provisions of this Chapter are merely an additional or supplemental means of obtaining compliance with the City's
codes.
§ 7‐12. Appeals.
Except as provided in Section 7‐9 or otherwise in the city code, Ffinal administrative orders of the Board or
Special Magistrate may be appealed to the Circuit Court for Orange County, Florida, by any aggrieved party to the
proceeding in which the order is issued, provided that the appeal is filed within 30 days of execution of the order
to be appealed.
§ 7‐13. Code Enforcement Recovery Fund.
The City shall establish on its financial records an internal account consisting of monies recovered because
of code enforcement fines and liens. The City may allocate such funds to pay for the Special Magistrate’s fees, for
repair and maintenance costs to abate nuisances and bring properties into compliance with City Code, to purchase
nuisance properties, and for such other purposes as the city commission may established by resolution.
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