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HomeMy WebLinkAboutOrdinance 741 ORDINANCE NO. 7~/ Fir) I' /Pt:- f1d/~ .,5'CCOHd ~atf,t,f y1TY ~ J Un<.- ~ I /hd~ 8/ OF OCOEE, FLORIDA AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AUTHORIZING THE CREATION OF A CODE ENFORCE- MENT BOARD; PROVIDING FOR ORGANIZATION OF THE BOARD; PROVIDING ENFORCEMENT PROCEDURES; PROVIDING FOR THE CONDUCT OF HEARINGS; PROVIDING POWERS OF THE BOARD; PROVIDING FOR THE IMPOSITION OF FINES AND LIENS; PROVIDING FOR APPEAL; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA: SECTION ONE: Authority; Purpose: e This Ordinance is enacted under authority of Part V of Chapter 166, Florida Statutes to promote, protect and improve the health, safety and welfare of the citizens of Ocoee, Florida by providing an equitable, expeditious, effective and inexpensive method of enforcing the various occupational license, fire, building, zoning and related technical codes in force in the city. SECTION TWO: Scope; Enforcement: This Ordinance shall apply and be in force and effect within all of the incorporat~~ areas of the City of Ocoee, and shall apply to enforcement of the following municipal codes: (1) Occupational License Tax Code: - Chapter 13 Article II of the Code of the City of Ocoee, Florid (2) Fire Protection and Prevention Code: - Chapter 10 of the Code of the City of Ocoee, Florida (3) Zoning Code: - Appendix A of the Code of the City of Ocoee, Florida e (4) Flood Damage Prevention Code: -Chapter V, Article IV of the Code of the City of Ocoee, Florida (5) Animal and Fowl Code: -Chapter IV of the Code of the City of Ocoee, Florida (6) Building and Building Regulations Code: -Chapter V, Article I, II, III of the Code of the City of Ocoee, Florida (7) Cemetery Code: -Chapter 7 of the Code of the City of Ocoee, Florida (8) Electrical Code: -Chapter 9 of the Code of the City of Ocoee, Florida (9) Mechanical Code: -Chapter 14.5 of the Code of the City of Ocoee, Florida (10) Plumbing Code: -Chapter 18 of the Code of the City of Ocoee, Florida e (11) Swimming Pool Code: -Chapter 19.5 of the Code of the City of Ocoee, Florida (12) Junk Yard Code: -Chapter 12 of the Code of the City of Ocoee, Florida (13) Litter Code: -Chapter 21, Article III of the Code of the City of Ocoee, Florida (l4) Garbage and Refuse Code: -Chapter 11 of the Code of the City of Ocoee, Florida (15) Junked Vehicle Code: -Chapter 14 of the Code of the City of Ocoee, Florida The above references to Code Sections shall include any amendment here- after made thereto: The jurisdiction of the Code Enforcement Board shall not be exclusive. Any alleged violation of any of the afore- said codes and ordinances may be pursued by appropriate remedy in court at the option of the administrative official whose responsibility it is to enforce that respec- tive code or ordinance. e SECTION THREE: Definitions: The following definitions shall apply in the interpretation of this Ordinance: (1) "City Commission" means the legislative body of the city. (2) "Code Inspector" means any authorized agent or employee of the city whose duty it is to insure code compliance. (3) "City Attorney" means the Legal Counselor for the city. (4) "Board" means the Code Enforcement Board. SECTION FOUR: Enforcement Board; Organization: e (1) The City Commission shall appoint a six (6) 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 fi~lds of zoning and building control. The membership of the Board shall consist of, if possible, an architect, a businessman, an engineer, a general contractor, a subcontractor, and a realtor. (2) The initial appointments to the Board shall be as follows: (a) Two members appointed for a term of one (1) year. (b) Two 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 from term to 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. Any member who fails to attend two of three :successive meetings without cause and without prior approval of the chairman shall automatically forfeit his appointment, 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. - 2 - SECTION FIVE: Enforcement Procedures: (1) It shall be the duty of the Code Inspector to initiate enforcement proceedings of the various codes. No member of the Board shall have the power to initiate such enforcement proceedings. (2) Except as provided in sub section (3), if a violation of the codes is found, the Code Inspector shall notify the violator and give him a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the Code Inspector shall notify the Code Enforcement . Board and request a hearing pursuant to the procedure in Section Six. Written notice shall be mailed to said violator as provided herein. (3) If the Code Inspector has reason to believe a violation presents a serious threat to the public health, safety and welfare, the Code Inspector may proceed directly to the procedure in Section Six without notifying the violator. e SECTION SIX: Conduct of Hearing: (1) The Chairman of the enforcement board may call hearings of the Board and hearings may also be called by written notice signed by at least three (3) members of the Board. The Board at any hearing may set a future hearing date. The Board may meet as often as the demand necessitates. Minutes shall be kept of all meetings of the Enforcement Board and all hearings shall be open to the public. The City Commission shall provide clerical and administrative personnel as may be reasonably required by the Board for the proper performance of its duties. (2) Each case before the Board shall be presented by the City Attorney or by a member of the administrative staff of the City. (3) The Board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The Board shall take testimony from the Code Inspector and the alleged violator and such other testimony as the parties may wish to present. Formal rules of evidence shall not apply but fundamental due process shall be observed and govern said pro- ceedings. e (4) At the conclusion of the hearing, the Board shall issue findings of fact, based on evidence of record, and conclusions 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 three (3) members of the Board must vote for the action to be official. The record shall be presented to the Court of Appeal and shall be subject to review. SECTION SEVEN: Powers of the Board; The Board shall have the power to: (1) Adopt rules for the conduct of its hearings. (2) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the Police Department of the City. (3) Subpoena evidence. (4) Take testimony under oath. e (5) Issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance. SECTION EIGHT: Fines: The Board, upon notification by the Code Inspector that a previous order f the Board has not been complied with by the set time, may order the violator o pay a fine not to exceed $500 for each day the violation continues past the ate set for compliance. A copy of an order imposing a fine, certified to be true copy by the City Clerk, may be recorded in the public records and there- fter shall constitute a lien against the land on which the violation exists. fter one (1) year from the filing of any such lien which remains unpaid, the oard may authorize the City Attorney to foreclose on the lien. - 3 - SECTION NINE: Appeal: An aggrieved party, including the City of Ocoee, may appeal a final ruling or order of the Board by certiorari to Circuit Court. The Notice of Appeal shall be filed within thirty (30) days of the execution of the order to be appealed. SECTION TEN: Notices: All notices required by this Ordinance shall be by certified mail, return receipt requested, or where mail would not be effective, by hand delivery by the Code Inspector. SECTION ELEVEN: e If any section, clause, phrase or word of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding of invalidity shall not affect the remaining portions of this Ordinance, and it shall be construed to have the legislative intent to pass this Ordinance without such unconstitutional, invalid or inoperative part therein and the remainder of this Ordinance after the exclusion of such part or parts shall be deemed and held to be valid as if such part or parts had not been included herein. If this Ordinance or any provision thereof shall be held inapplicable, to any person, group of persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstances. SECTION TWELVE: Effective Date: This Ordinance shall take effect immediately upon passage by the City Commission of the City of Ocoee, Florida. ENACTED THIS /&~J DAY OF Jvu L-. 1981. CITY OF OCOEE, FLORIDA e z:;"fzf/ MAYO _' , ' ~7 -, '. C ~...A_ (,- ~,__ ATTEST: - - 4 -