HomeMy WebLinkAbout2026-16 - Amending Chapter 7 of the City Code - Code EnforcementORDINANCE 2026-16
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
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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 fmds, 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 s*,,,ts 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 Enf i:ee eRl Be ,.a and Spee al Magistr e
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
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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
> ,
whieh will be ealled th Code Enforcement Board of the City of Ocoee, Florida.
B. ,
will be ealled tl"rcde EnAreemen4 Speeial Magmaate." 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 maappoint 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 the f than reside . 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 vacant as 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.
UPI.. .
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 3 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 § 7-511.
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 ^ r,aA f his th6f 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 be previously found thfough by the Code Enforcement Boards 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 locationsthe ViE)1a4i0flS O
eeetifr-ed .,t a:ffF fef41eeations
SPECIAL MAGISTRATE (or- Code Enfl -ree e t Speei 1 M agi tf toy 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 wi4 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 wi-11 shall be
made on the basis ^f 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 , rAme is to the Board will be s follows:
(1) Two members shall he appeipAed for terms of one year e-aeh.
(2) Th ,�, ,.,ee hors shall by appointed f — tefi f t L,
lam/years
(3) Two members shall be appointed for to, -ins years ..b
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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 p 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 Chaim and Vice Chair (who 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 ma
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 Gity G i authorized and hefeby provides for- the designation of one or
The
(`ode Enfo .eemenl 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 Gity may tAil ze the seyyiees of eieof more Gads nfefeeme it Speeial
C4 3-: 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 Eiifefeemenc Special Magistrate(s) shall be subject to
suspension or removal by the City Commission, with or without cause, f his or�
Page 5 of 18
positio at any time during his or her- their term. The Code Enf reemen4 Special
Magistrate(-s) shall not be eonsidered t � G''- ,�1 though t receive
V VV LL v1L.y em ,
compensation for tl}ei+ 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 Ci
D. To avoid conflicts of interest, the City Attorney will not be appointed to be serve or act
as the rode Enfo ., eme * 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 mU 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 efficientl, conduct the
Special M gistr-a4e's business. No Board members, the City Attorney, or Code Inspectors
will not shall be the designated Cleric 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
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enforce the Code.i fhe eit-f as of the Bea •a e The Special Magistrate
and the Board may not initiate Code enforcement proceedings.
B. Except as provided in Subsections C and D, in ra if the Code Inspector finds a violation
of the Code, he or she the Code Inspector will first gee 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 wri4en Nefiee of
Violation with the Cie The Board or Special Magistrate, through their clerical staff,
will schedule a hearing on the alleged violation and gee serve the alleged violator
written notice thereof. At the option of the Code Inspector or clerical staff Bed or
Speeial r,rag stfa4, 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 Beat:l �r
S,-,eeial Magistrate may subpoena present witnesses to testify at the hearing, and
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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 bogie
Board ^r Speei l Magistrate transfers ownership of, or any interest in such property
L�u�
between the time the initial notice of violation was served previded 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 7 of 18
§ 7-7. Conduct of hearings.
A. The Board and Special Magistrate shall conduct hearings at each code enforcement
hearing Board moo+; , . unless there are no matters then are pending before the R" ra for
hearing. A hearing also may be called eitbef by the ChU11111U3"�-•m"N1 Vl the Board, b ++
noti" "d by at least t b of the R .a by the Special Magistrate, as
.... vi�Nv � vu.�� eau vv iiaviii�vco ,
applicable. Minutes shall be kept of all hearings by the R ",.,1 and Spee "1 >\aag s#fal-L
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 +ro aid
of Speeial Magic+i•"+" for hearing. If the City prevails in prosecuting a case'fefe the
Bourg or Speei 1 r agistfat , 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 Cleric is authorized and empowered to administer oaths to persons
testifying before the Board or Special Magistrate, or the Special Magistrate may
administer oaths. Theoyd Ghaiffflafi-efpresi afd memb",Speeial Magistr-ate,
.est.f�ing before thhour'a-o'i'vpcciicn'nccgrscruce-.
D. The alleged violator wi44 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 Beafd of Speeial >\, agis+."+", to subpoena witnesses to testify
at the hearing, and to be represented before the BE)a •a or Speei ,1 M + "* by legal
counsel of his own choosing at his own expense.
E. Formal rules of evidence wifl 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 § 7-9G 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 8 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 ands Special Magistrate will have the power to:
A. Beafd adopt ful„J fef its {Adlllll 11ntfatio and Beafd ,a Speeial Magistfat Adopts
rules for conducting its hearings, provided that they are not iiconsistent with the
provisions of this C-chapter Brand C-ch. 162, Florida Statutes.
B. Subpoena alleged violators, witnesses, and evidence to its hearings. The Board or
Special Magistrate's rules may by its •les,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.
1. The Special Magistrate may Aauthorize the City Attorney to foreclose on a lien securing
non -homestead property created by 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 9 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 2-50 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 inspe eter- notifies +r o Board or Special Magistrate and these 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, i-f the vialation is a v4elation deseribed it § 7 6D of this Chapter-, the Board
or Special Magistrate Vial notify the Q-W Commission may impose additional fines to
cover all costs incurred by the city iz
hiemay ke al fe able r• hieh vviiiv
to bring the property into compliance and ^h, rge the violatei with the
reasonable eest of the repaifs, along with the fine imposed pursuant to this Seeti .
Making sueh 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 Eempleted
attempted or made in good faith.
D. No fine shall be issued without an evidentiary heariniz 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. f i a finding d f i +;er- tviolation h been a
if
as provided in this Chapter, a heafing shall not be neeessany fef issuanee of the
;.,..-,e. ing the fine.
E. In determining the amount of the M fine, the Board or Special Magistrate w444-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 10 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 M repeat violation, if applieable. 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
mamier 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 Gemimissieft, and the City Commission may execute a
satisfaction, reduction, or release of a lien entered pursuant to this Section, unless
otherwise provided herein.
C. Aft€i-4Three months after the filing of any such lien on non -homestead
property, whie that remains unpaid, the City review the case and determine whether
to recommend foreclosure to the Special Magistrate. Upon a duly noticed hearing the
Boafd-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 Stftte 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 11 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 ' , ,,,or - 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. 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 Citesapplicant 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 ci1y manager or designee in accordance with this
section.
(a) Apj2lication. 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 notM 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;
The basis upon which the applicant believes the application for
release or reduction of lien should be granted,
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iv. The terms upon which the release or reduction of lien should be
ranted -
The reasons, if ancompliance 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 processingthe he 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 imposingpenalty 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 he application for reduction or release of lien
and to take the testimony of other interested parties, including but not limited to
cijy 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
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recommendation of the Special Magistrate and render a final decision on the
application.
( 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(sh
(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 14 of 18
(x) AM 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
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 pang 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 b the 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 15 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 Beafd 0
Speeial raagistfate 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
p ' ,-y City g von,,nent ffie 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 16 of 18
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.
Wityj=
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.
P" - , 1 [EMMM
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 PqY
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
imposes 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 S. 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.
Y d'
FIRST READING on the �fday of 202(P
PASSED AND ADOPTED this day of 20211.
Page 17 of 18
Melanie Sibbitt, City Clerk
(SEAL)
this W�clay of AVIhot-j-,2023.
By�•
Richard S. Gel'Ie-f, A4W=y—._,_
Rusty Johns n, or
[fill wv I WT. I m -I
Page 18 of 18