HomeMy WebLinkAboutOrdinance 774
First Reading
Second Reading
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10/4/83
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ORDINANCE NO. 774
CITY OF OCOEE, FLORIDA
.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
AMENDING ORDINANCE NUMBER 741, WHICH CREATED A
MUNICIPAL CODE ENFORCEMENT BOARD, BY INCREAS-
ING THE NUMBER OF MEMBERS COMPRISING THE CODE
ENFORCEMENT BOARD AND CHANGING THEIR TERMS OF
OFFICE, BY INCREASING THE NUMBER OF VOTES RE-
QUIRED FOR THE BOARD TO TAKE OFFICIAL ACTION,
BY LOWERING THE MAXIMUM FINE WHICH CAN BE
LEVIED, BY PROVIDING FOR THE ENFORCEMENT OF
LIENS AGAINST PROPERTY, BY MAKING CERTAIN GRAM-
MATICAL CHANGES TO CONFORM TO CHAPTER 162,
FLORIDA STATUTES, BY CONFIRMING THOSE PORTIONS
OF ORDINANCE NUMBER 741, NOT HEREBY AMENDED
AND BY PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA:
SECTION 1. This ordinance is enacted under the authority of
Chapter 162, Florida Statutes.
SECTION 2.
amended to read as
Section Four of Ordinance number 741 1S hereby
follows:
"SECTION FOUR:
Enforcement Board; Organization:
"(1) The City Commission shall appoint a seven (7) member
Code Enforcement Board and Legal Counsel for the enforcement
board. The person appointed as Legal Counsel shall not also be
the City Attorney. Members of the Enforcement Board shall be
residents of the city but shall not be employees of the city.
Appointments shall be made on the basis of experience or interest
in the fie 1ds of zoning and building control. The membership of
the Board shall consist of, if possible, an architect, a business-
man, an engineer, a general contractor, a subcontractor, and a
realtor.
" ( 2 )
follows:
The initial appointments to the board shall be as
"(a) Two members appointed for a term of
(1) one year.
"( b) Three members appointed for a term of
two (2) years.
"(c) Two members appointed for a term of
three (3) years.
"Thereafter, all appointments shall be made for a term of
three (3) years. Any member may be re-appointed for one succes-
S1ve term upon approval of the City Commission.
.
"Appointments to fill any vacancy on the Board shall be for
the remainder of the unexpired term of office. If any member
fails to attend two of three successive meetings without cause
and without prior approval of the chairman, the board shall de-
clare the member's office vacant, and the City Commission shall
promptly fill such vacancy. Members of the Board shall serve at
the pleasure of the City Commission.
"( 3) The members of the Board shall elect a Chairman. The
presence of four or more members shall constitute a quorum of the
Enforcement Board. Members shall serve without compensation, but
may be reimbursed for such travel, mileage, and per diem expenses
as may be authorized by the City Commission."
SECTION 3. Section Six (4) of Ordinance number 741 1S here-
by amended to read as follows:
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.
"SECTION SIX:
Conduct of Hearing:
"(4) At the conclusion of the hearing, the Board shall is-
sue findings of fact, based on evidence of record, and conclu-
sions of law and shall issue an order affording the proper relief
consistant with powers granted herein. The finding shall be by
motion approved by a majority of those present and voting, except
that at least four (4) members of the Board must vote for the
action to be official."
SECTION 4. Section Seven (2) of Ordinance number 741 1S
hereby amended to read as follows:
"SECTION SEVEN:
the power to:
Powers of the Board;
The Board shall have
-
" ( 2 )
Subpoena
hearings.
Department
alleged violators and witnesses to its
Subpoenas may be served by the Police
of the City or the Sheriff of the County."
SECTION 5.
amended to read as
Section Eight of Ordinance number 741
follows:
is hereby
"SECTION EIGHT:
Fines and Liens:
"The Board, upon notification by the Code Inspector that a
previous order of the Board has not been complied with by the set
time, may order the violator to pay a fine not to exceed $250.00
for each day the violation continues past the date set for compli-
ance. A copy of an order imposing a fine, certified to be a true
copy by the City Clerk, may be recorded in the public records and
thereafter shall constitute a lien against the land on which the
violation exists, or, if the violator does not own the land, upon
any other real or personal property owned by the violator and may
be enforced in the same manner as a court judgment by the sher-
iffs of this state, including levy against the personal property,
but shall not be deemed otherwise to be a judgment of a court
except for enforcement purposes.
"No lien provided by the Local Government Code Enforcement
Boards Act shall continue for a longer period that 2 years after
the certified copy of an order imposing a fine has been recorded,
unless within that time an action to foreclose on the lien is
commenced in a court of competent jurisdiction. The continuation
of the lien effected by the commencement of the action shall not
be good against creditors or subsequent purchasers for valuable
consideration without notice, unless a notice of lis pendens 1S
recorded."
SECTION 6.
amended to read as
Section Nine of Ordinance number 741 is hereby
follows:
"SECTION NINE:
Appeal:
-
"An aggrieved party, including the City of Ocoee, may appeal
a final ruling or order of the Board to Circuit Court. The
Notice of Appeal shall be filed within thirty (30) days of the
execution of the order to be appealed."
SECTION 7. Except as herein amended, Ordinance number 741
is hereby ratified and confirmed.
SECTION
upon passage
Florida.
8 .
by
This Ordinance shall be effective immediately
the City Commission of the City of Ocoee,
ENACTED this
4th
day of
October
1983.
CITY/ OF -; OCOEE, FLO~)DA
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