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HomeMy WebLinkAboutOrdinance 89-01 ORDINANCE NO. 89-01 First Reading: 1/3/89 Second Reading: 2/7/89 . AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, RELATING TO CODE ENFORCEMENT; AMENDING SECTION 7.5-5 OF THE CODE, RELATING TO THE COMPO- SITION OF THE CODE ENFORCEMENT BOARD, THE APPOINT- MENT OF ITS MEMBERS, THEIR TERMS OF OFFICE, VACAN- CIES ON THE BOARD, COMPENSATION OF THE BOARD MEM- BERS, THE NUMBER OF MEMBERS CONSTITUTING A QUORUM, ELECTION OF A BOARD CHAIRMAN, DESIGNATION OF A CLERK FOR THE BOARD, DESIGNATION OF THE CLERK AS CUSTODIAN OF THE BOARD'S RECORDS, AND APPOINTMENT OF A BOARD ATTORNEY; AMENDING SECTION 7.5-6 OF THE CODE, RELATING TO PROCEDURES AND RESPONSIBILITIES FOR BRINGING VIOLATIONS BEFORE THE CODE ENFORCE- MENT BOARD; AMENDING SECTION 7.5-9 OF THE CODE, RELATING TO THE BOARD'S IMPOSITION OF FINES FOR VIOLATION OF ITS ORDERS AND TO CREATION OF LIENS; AMENDING SECTION 7.5-10 OF THE CODE, RELATING TO SERVICE OF NOTICE; PROVIDING FOR SEVERABILITY, CONFLICTS AND 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. Section 7.5-5 of the Code of Ordinances of the City of Ocoee, Florida, is amended to read as follows: "Sec. 7.5-5. Board; organization "(1) The City Commission will appoint a seven-member board and a board attorney. Board members will be residents of the city. Appointments will be made on the basis of experience or interest in the fields of zoning and building control. Board membership will, when practicable, include an architect, a businessman, an engineer, a general contractor, a sub-contractor and a realtor. " (2) follows: The initial appointments to the board will be as " (a) Two members appointed for a term of one year each. " (b) Three members appointed for a term of two years each. " (c) Two members appointed for a term of three years each. . "(3) All subsequent regular appointments to the board will be for a term of three years. "(4) If a board member fails to attend two of three successive board meetings without cause and without prior approval of the board chairman, the board will declare the member's office vacant and promptly report the vacancy to the City Commission, which will promptly fill the vacancy. Appointment to fill a vacancy on the board will be for the remainder of the unexpired term of the vacant office. "(5) Board members will serve without compensation and at the pleasure of the City Commission. Board members may be reimbursed for travel, mileage and per diem expenses as authorized by the City Commission. "(6) Board members will elect a chairman (who will be a voting member) from the board members. The presence of four or more members will constitute a quorum of the board. "(7) The city attorney will not be appointed to be or act as the board attorney. "(8) The city manager will designate a city employee as clerk for the board. The city manager may designate additional city employees as deputy clerks as he deems appropriate to the efficient conduct of the board's business. Board members, the board attorney, the city attorney and code inspectors will not be designated clerk or deputy clerk. " ( 9 ) the board, clerk. The clerk will be the custodian of the records of subject to supervision and control of the city . "(10) The board attorney will serve at the City Commission's pleasure." SECTION 3. Section 7.5-6 of the Code of Ordinances of the City of Ocoee, Florida, is amended to read as follows: "Sec. 7.5-6. Procedure. "(1) It will be the duty of the code inspector to initiate proceedings to enforce the code. No member of the board may initiate code enforcement proceedings. "(2) Except as provided in subsection (5), if the code inspector finds a violation of the code, he will first give the violator written notice thereof and a reasonable time to correct the violation. "(3) If the correction, the before the board with the clerk. violation continues beyond the time set for code inspector will initiate proceedings by filing a written statement of violations "(4) The board, through its clerical staff, will schedule a hearing on the alleged violation and give the alleged violator written notice thereof. At the option of the board, notice may additionally be served by publication as provided in section 7.5-10 of this chapter. The notice will inform the alleged violator of the following: "(a) The nature of the alleged violation. "(b) The time and place of the hearing. "(c) The alleged violator may appear in person before the board and present evidence relevant to the matter under consideration by the board, may subpoena witnesses to testify at the hearing and may be represented before the board by legal counsel of his own choosing at his own expense. . "(d) 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 even though the violation has been corrected before the hearing. "(5) If the code inspector has reason to believe a 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 and request a hearing." SECTION 4. Section 7.5-9 of the Code of Ordinances of the City of Ocoee, Florida is amended to read as follows: "Sec. 7.5-9. Administrative fines; liens. -2- "(1) If the code inspector notifies the board of a failure to comply with a compliance order of the board by the date set in the order, the board may, without hearing, issue an order requiring the violator to pay a fine not to exceed $250 for each day the violation continues past the compliance date. . "(2) If the code inspector notifies the board, and the board so finds, that the same violation has been repeated by the same violator, the board may without hearing, issue an order requiring the violator to pay a fine not to exceed $250 for each time the violation has been repeated. "(3) In determining the amount of the fine, if any, the board will consider the following factors: " (a) The gravity of the violation; "(b) Any actions taken by the violator to correct the violation; and " (c) Any previous violations commited by the violator. "(4) A certified copy of an order imposing a fine 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. The lien will be automatically extinguished five years after the date the certified copy of the order is recorded, unless within that time an action to foreclose the lien is commenced. Commencement of an action to foreclose the lien 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. "(5) The clerk is authorized and empowered to issue certified copies of the board's records." SECTION 5. Section 7.5-10 of the Code of Ordinances of the City of Ocoee, Florida, is amended to read as follows: "Sec. 7.5-10. Notices. "(1) All notices required by this chapter will be provided to the alleged violator by certified mail, return receipt requested, or by hand delivery by the sheriff or other law enforcement officer or code inspector, or by leaving the notice at the violator's usual place of residence with some person of his family above fifteen (15) years of age and informing such person of the contents of the notice. . "(2) In addition to providing notice as set forth in subsection (1), at the option of the board, notice may also be served by publication, as follows: "(a) Such notice shall be published once during each week for four (4) 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 Chapter 50, Florida Statutes, for legal and official advertisements. Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statutes. "(b) 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 (1). -3- Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (1), together with proof of publication as provided in subsection (2), 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. . SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8. This Ordinance shall take effect immediately upon its final passage and adoption. Advertised: January 26 and ~ 1989 Read First Time: January ~ 1989 Read Second Time and Adopted: Februarv ~ 1989 CITY OF OCOEE, FLORIDA By: ~LR c4~ Thomas R. Ison, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY: THIS ~g-ft, DAY OF ~~"'II , iLtil ;],/ ~t I. clfl Special Counsel Code Enforcement Board , 1989 By: . -4-