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HomeMy WebLinkAboutItem 21 First Reading of Ordinance Amending Chapter 7 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: July 21, 2026 Item #: 21 Contact Name: Vincent Ogburn Department Director: Vincent Ogburn Contact Number: Ext. 3038 City Manager: Craig Shadrix Subject: First Reading of Ordinance Amending Chapter 7 of the City Code: Enforcement of Code. (Police Chief Ogburn) Background Summary: On April 7, 2026, the City Commission approved continuing the City's hybrid model, with a Code Enforcement Board hearing code violations involving detached single-family residential properties and a Special Magistrate hearing all other cases. The City Commission also stated that they wanted to re-evaluate the Code Enforcement Board after 90 days. The 90-day evaluation was completed on July 7, 2026. Within this 90-day evaluation period, the board has met the quorum requirement for all meetings and imposed the recommended fines in all cases. As a result of the previous Code Board Attorney's retirement, a Code Board Attorney has been retained to provide legal guidance to the Code Board during hearings. There is still one vacancy on the Code Enforcement Board, and both alternate positions are currently vacant. The proposed ordinance update states that, in the event of a conflict of interest or when the Special Magistrate is unavailable due to illness, disability, or death, the City Manager or his designee may appoint a Special Magistrate pro tem to perform the duties of a Magistrate. The proposed ordinance retains the City’s hybrid model while expressly authorizing the City Manager to assign cases to the Special Magistrate if the Board cannot achieve a quorum or the City Commission cannot promptly fill a vacancy on the seven-member board as required by State law. The City Commission also asked staff to present updated fines for code violations. The proposed Ordinance increases: 1) potential fines from $250 per day per violation to $500 per day per violation, 2) for repeat violators, the proposed fines could range from $1,000 per day/ per violation to $5,000 per day/ per violation, and $15,000 per day/ per violation (single and repeat violations, and violations causing irreparable harm), as allowed by the Florida Statutes for municipalities with at least 50,000 residents. The proposed ordinance authorizes the Magistrate to hear all cases recommended by the Code Board for foreclosure. 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 take the testimony of other interested parties. The Special Magistrate shall render a written recommendation to the City Commission based on findings of fact and law. The proposed Ordinance establishes a formal procedure for lien reduction/elimination, providing for the Special Magistrate to make a recommendation to the City Commission, while retaining the City Manager’s right to compromise and settle code liens. The proposed Ordinance also establishes a Code Enforcement Recovery Fund. This fund will be a dedicated financial pool created to support the administration and operation of local code City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org enforcement activities. It will be funded by revenues generated from fines, civil penalties, nuisance abatement recovery monies, and other costs or reimbursements collected through enforcement actions. Issue: Should the Honorable Mayor and City Commission approve an ordinance amending Chapter 7 of the City Code that, upon approval, will retain the current hybrid model of retaining the Code Board for residential code cases, use a Special Magistrate for nonresidential cases, authorize the City Manager to assign cases to the Special Magistrate if the Code Board cannot achieve a quorum, adopt proposed increases in the fines, and for staff to establish a Code Enforcement Recovery Fund? Recommendations: Staff recommends that the Honorable Mayor and City Commission approve an ordinance amending Chapter 7 of the City Code that, upon approval, will retain the current hybrid model of retaining the Code Board for residential code cases, use a Special Magistrate for nonresidential cases, authorize the City Manager to assign cases to the Special Magistrate if the Code Board cannot achieve a quorum, adopt proposed increases in the fines, and for staff to establish a Code Enforcement Recovery Fund. Attachments: 1. Ordinance 2. Business Impact Estimate - Code Enforcement Financial Impacts: There is no financial impact to the City of Ocoee. Type of Item: First Reading Page 1 of 18 ORDINANCE 2026-_____ AN ORDINANCE OF THE CITY OF OCOEE AMENDING CHAPTER 7 OF THE CITY CODE, REORGANIZING PROVISIONS THE CHAPTER, SIMPLIFYING LANGUAGE, AND DELETING ANACHRONSTIC PROVISIONS IN THE CHAPTER FOR CLARITY, DELETING LANGUAGE PURPORTING TO LIMIT THE ROLE OF THE SPECIAL MAGISTRATE TO CODE ENFORCMENT UNDER CHAPTER 162, FLORIDA STATUTES, 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 AND CODE ENFORCEMENT BOARD; INCREASING ADMINISTRATIVE FINES TO THOSE ALLOWED FOR MUNICIPALITIES WITH 50,000 OR MORE RESIDENTS, ESTABLISHING FINES FOR THE COSTS OF REPAIRS MADE AND CORRECTIVE ACTION TAKEN BY THE CITY; ESTABLISHING LIENS FOR UNPAID CODE ENFORCEMENT FINES UPON RECORDING OF ORDERS ASSESSING FINES; ESTABLISHING PROCEDURES FOR AUTHORIZING FORECLOSURE OF NON-HOMESTEAD PROPERTIES WITH UNPAID CODE ENFORCEMENT FINES; ESTABLISHING 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 CONFLICTS, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Section 162.03, Florida Statutes states, “[A] municipality may, by ordinance, adopt an alternate code enforcement system that gives code enforcement boards or special magistrates designated by the local governing body, or both, the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances;” and WHEREAS, the City Commission of the City of Ocoee desires to continue a hybrid model of code enforcement, in which a Code Enforcement Board hears cases involving detached single- family residentially zoned properties and a Special Magistrate hears all other cases; and Page 2 of 18 WHEREAS, the Special Magistrate’s duties in the City of Ocoee extend beyond Code Enforcement under Chapter 162 to include red light camera violations and school zone speed violations, and, therefore, Chapter 7 should recognize such duly enacted jurisdictional duties; 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 population of the City of Ocoee exceeds 50,000 persons, and that a Special Magistrate and the Code Board 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, Section 162.05 states, “The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members”; and WHEREAS, the City Commission desired to appoint two alternate members to help assure that the Code Compliance Board can achieve a quorum; 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; and WHEREAS, the City Commission wishes to authorize the Special Magistrate to hear cases involving detached single-family residential properties when the Code Enforcement Board cannot achieve a quorum and when seven members cannot be promptly appointed to the Code Enforcement Board to fill vacancies as required by Section 162. NOW THEREFORE, BE IT ENACTED by the City Commission of the City of Ocoee that: SECTION 1: Recitals. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance. SECTION 2: Amendments to Chapter 7 of the City Code of Ocoee Chapter 7 of the Code of the City of Ocoee is amended as shown below. Words that are underlined are additions and words with strikeouts are deletions. 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 "Ocoee Code Enforcement Board and Special Magistrate 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 creating an Administrative Board and providing for a Page 3 of 18 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. 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 lawful means. § 7-3. Establishment of Code Enforcement Board and Special Magistrate; jurisdiction. A. There is hereby created the office of Special Magistrate of the City of Ocoee, Florida and the The City of Ocoee, Florida, will have one Administrative Board as provided in this Chapter, 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 Special Magistrate will shall have jurisdiction to enforce any of the codes and 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 shall have primary jurisdiction regarding violations relating to detached single-family residentially zoned properties and the Special Magistrate shall have primary jurisdiction regarding violations relating to all other properties zoned other than residential. Deviations from the primary jurisdiction set forth above shall be made by the City Manager or their designee, who shall have final jurisdictional authority. Deviations may be made at the direction of the City Manager or their designee on violations involving matters including, but not limited to, the inability of the Board to achieve a quorum, the inability of the City Commission to promptly fill a vacancy as required by Section 162.05(e), Florida Statutes, to appoint a seven member board as required by Section 162.05(1), the land development code, cases involving the interpretation of complex ordinances and statutes, urgent or serious life safety issues, a conflict of interest involving one or more members of the Board, violations that are irreparable or irreversible in nature, demolition, eviction, and/or chronic or repeat offenders. 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. Page 4 of 18 § 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. 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, Florida. 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, and the Special Magistrate, or in any other quasi-judicial or judicial proceeding, 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 pursuant to this section or other provisions of the City Code. § 7-5. Membership of Board; terms of office; organization. A. The City Commission will shall appoint a seven-member Board and a Board Attorney. The City Commission may appoint up to two alternate board members, Alternate Member 1 and Alternate Member 2, to serve on the Board in the absence of Board members. Board members will be residents of the City. Appointments will shall be made on the basis of based on experience or interest in code enforcement, in the sole discretion of the City Commission. Board membership will, when reasonably 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. Page 5 of 18 All subsequent regular appointments to the Board shall be for terms of three years, as required by Section 162.05(3), Florida Statutes. C. If a Board member fails to attend two of three successive Board meetings without cause and without prior approval of the Board Chairman at a meeting of the board, the Board will declare the member's office vacant and promptly report the vacancy to the City Commission, which will shall promptly fill the vacancy in accordance with Section 162.05(e), Florida Statutes. Appointment to fill a vacancy on the Board will be for the remainder of the unexpired term of the vacant office. D. Board members will shall 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. E. Board members will shall elect a Chairman and Vice Chair (who will shall be a voting members) from the Board members. The presence of four or more members will shall constitute a quorum of the Board. F. The City Attorney will shall not be appointed to be or act as the Board Attorney but may attend meetings in his capacity as City Attorney and present certain cases at the request of the City Manager depending upon the substance and complexities of any given case. G. 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 shall not be the designated Clerk or Deputy Clerk. H. The Clerk will shall be the custodian of the records of the Board, subject to supervision and control of the City Clerk. I. The Board Attorney will shall serve at the City Commission's pleasure. § 7-5 Term of Special Magistrate; Clerk for Special Magistrate. A. The City Commission is authorized and hereby provides for the designation of one or more Code Enforcement Special Magistrates for the purposes of conducting administrative hearings regarding Code violation cases brought by Code Inspectors. 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, the general procedures for enforcing municipal codes, and a temperament suitable for exercising the quasi-judicial powers vested in the office. B. The City Commission shall, on an annual basis, appoint at least one qualified person to serve as a Special Magistrate. C. The City may utilize the services of one or more Code Enforcement Special Magistrate(s) to conduct hearings concerning codes and ordinances in force within the City. 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. 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 Page 6 of 18 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 or City Manager. The Special Magistrate shall serve as an independent contractor and not as an employee or agent of the City. D. To avoid conflicts of interest, the 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 may present certain 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. E. The City Manager will shall designate a City employee as Clerk for the Special Magistrate. The City Manager may designate additional City employees as a Deputy Clerks as deemed appropriate to enable the Special Magistrate to efficiently conduct the Special Magistrate’s business. No Board members, the City Attorney, or Code Inspectors will not shall be the designated Clerk or Deputy Clerk. F. The Clerk to the Special Magistrate will shall 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 and the Board 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 the Code Inspector will first give serve the alleged violator a 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 Board or Special Magistrate by filing a written Notice of Violation with the Clerk. The Board or Special Magistrate, through their clerical staff, will schedule a hearing on the alleged violation and give serve 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 or 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 subpoena present witnesses to testify at the hearing, and Page 7 of 18 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 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 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 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 of violation was served provided and the time of the hearing before the Board or Special Magistrate, 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. Page 8 of 18 § 7-7. Conduct of hearings. A. The Board and Special Magistrate will shall conduct hearings at each code enforcement hearing Board meeting unless there are no matters then are 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 Magisttrate, and all hearings and proceedings, which shall be open to the public. B. Cases before the Board or Special Magistrate will shall be presented by the Code Inspector, the City Attorney, or another member of the City's administrative staff as determined by the City Manager. The Board or Special Magistrate will take shall hear testimony from the Code Inspector or City Attorney 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 and City Attorney. C. Testimony before the Board or Special Magistrate will shall 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 shall 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 shall not apply, but fundamental due process will be observed and govern the proceedings. The Board and 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 shall 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 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. 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 Page 9 of 18 inspection discloses noncompliance, the fine will continue to accrue until compliance occurs. I. The order shall be reduced to writing and signed by the Board chair or vice chair if the chair is unavailable, or the Special Magistrate. 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 Adopts rules for conducting its hearings, provided that they are not inconsistent with the provisions of this Cchapter orand 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 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 Orange County Sheriff. D. 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. G. Consider, address, and enforce orders previously entered. H. The Special Magistrate may make recommendations to the City Commission regarding applications for satisfaction, release, or reduction of code enforcement liens. I. The Special Magistrate may Aauthorize the City Attorney to foreclose on a lien securing non-homestead property created by arising from the recording in the official county records of certified copies of the Board or Special Magistrate's orders imposing penalties after three 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 other cases and appeals as the City Commission may authorize by ordinance. Page 10 of 18 K. Exercise any other powers set forth in this chapter or in chapter 162, Florida Statutes. § 7-9. Administrative fines; 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 $1,000 250 for each day the violation continues past the date set by the 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 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 5,000 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 Board or Special Magistrate finds that a violation is irreparable or irreversible in nature, the Board or Special Magistrate may impose a fine not to exceed $15,000. D. 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 may impose additional fines to cover all costs 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 attempted or made in good faith. D. No fine shall be issued without an evidentiary hearing establishing that a violator has failed to comply with an order issued by the Board or 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 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, the Board or Special Magistrate will shall 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. Page 11 of 18 When determining the amount of a fine, the Special Magistrate and the Board are not limited to consideration of prior violations within five years of the current violation and may consider violations by the violator on other properties. 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 and 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 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. § 7.9.1 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 tThree months from after the filing of any such lien on non-homestead property which that remains unpaid, the City may review the case and 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 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. 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 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 Page 12 of 18 fine or lien, notwithstanding any other provision in this Chapter. 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 when compliance has been achieved. 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 chapter in a court of competent jurisdiction. In an action to foreclose on a lien or for a money judgment, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the 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. F. The Clerk is authorized and empowered to issue certified copies of the Board or Special Magistrate's records. G. Actions for money judgments under this Chapter may be pursued only on fines levied after October 1, 2000. G. 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; Page 13 of 18 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 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 as may be 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. The Applicant shall receive a Notice of Hearing. (d) 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 Page 14 of 18 recommendation of the Special Magistrate and render a final decision on the application. (f) 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: (i) 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; (ii) The gravity and number of the violation(s); (iii) The amount of the requested reduction; (iv) The time in which it took to bring the property into compliance; (v) Whether the applicant was responsible for the violation which caused the lien; (vi) 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; (vii) Whether the applicant acquired the subject property with knowledge of the subject lien or should have knowledge of the lien through reasonable due diligence; (viii) The accrued amount of the code enforcement fine or lien as compared to the current market value of the property; (ix) 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; Page 15 of 18 (x) Any previous or subsequent violations pertaining to the property unless an order finding a violation is under appeal at the time of determination; (xi) 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; (xii) Any relevant information contained in any title policy required to be submitted to the city under this section; (xiii) Any financial hardship; (xiv) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine; and (xv) 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. (b) 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. (c) 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. (d) 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 16 of 18 § 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 of Special Magistrate 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 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 office 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. Page 17 of 18 § 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, 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 3. Codification. Section 2 of this Ordinance shall be codified into the Ocoee City Code. Any section, paragraph number, letter and/or any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and similar or like errors may be corrected, and additions, alterations, and omissions not affecting the construction or meaning of this Ordinance and the City Code may be freely made. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 5. Conflicts. In the event of a conflict or conflicts between this Ordinance and any other ordinance or provision of law, this Ordinance prevails and controls to the extent of the conflict, as allowable under the law. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Ocoee, Florida. FIRST READING on the ___ day of _______________, 202__. PASSED AND ADOPTED this ___ day of ______________, 202__. Page 18 of 18 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA _________________________________ Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON ____________, 202__ UNDER AGENDA ITEM NO._________ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ___ day of _____________, 2023. FISHBACK DOMINICK By: ______________________________ Richard S. Geller, City Attorney 1 City of Ocoee Business Impact Estimate Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1 See Section 166.041(4)(c), Florida Statutes. 2 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): 2.An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City of Ocoee, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. 3.Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: 4. Additional information the governing body deems useful (if any):