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HomeMy WebLinkAboutOrdinance 89-43 r . . . ' ORDINANCE NO. 89-43 First Reading: 11-07-89 Second Reading: 11-21-89 AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, RELATING TO CODE ENFORCEMENT: AMENDING SECTION 7.5-4 OF THE CODE, RELATING TO DEFINITIONS OF TERMS USED WITHIN CHAPTER 7.5 OF THE CODE: AMENDING SECTION 7.5-5 OF THE CODE, RELATING TO THE COMPOSITION OF THE CODE ENFORCEMENT BOARD, THE APPOINTMENT OF ITS MEMBERS, THEIR TERMS OF OFFICE, VACANCIES ON THE BOARD, COMPENSATION OF THE BOARD MEMBERS, THE NUMBER OF MEMBERS CONSTITUTING A QUORUM, ELECTION OF A BOARD CHAIRMAN, 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 ENFORCEMENT BOARD: AMENDING SECTION 7.5-7 OF THE CODE, RELATING TO CONDUCT OF HEARINGS BY AND BEFORE THE BOARD: AMENDING SECTION 7.5-8 OF THE CODE, RELATING TO THE POWERS OF THE BOARD: AMENDING SECTION 7.5-9 OF THE CODE, RELATING TO THE BOARD'S IMPOSITION OF FINES FOR VIOLATION OF ITS ORDERS AND 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 C~.OF OCOEE, FLORIDA: SECTION 1. This ordinance is enacted under the authority of Chapter 162, Florida Statutes. SECTION 2. section 7.5-4 of the Code of Ordinances of the City of Ocoee, Florida, is amended to read as follows: ( "Sec. 7.5-4. Definitions. "As used in this chapter, the term: "( 1) Florida. 'city' means the city of Ocoee, Orange County, "(2) 'City Commission' means the legislative body of the city. "(3) 'Code' means the code of ordinances of the city. "(4) 'Code inspector' means any authorized agent or employee of the city, who has as a duty or as a part of his duties, the duty to assure compliance with the code or any portion thereof. "(5) 'Board' means the code enforcement board of the city. "(6) 'city attorney' means the person appointed by the city commission to act as attorney and counselor for the city. "(7) 'Clerk' means the person designated by the city manager to act as clerk for the board. It includes persons designated to act as deputy clerks, as provided in section 7.5- 5(8). " (8) 'Board attorney' means the person appointed by the city commission pursuant to section 7.5-5(1) of this chapter to act as legal counsel for the board. "(9) 'Repeat violation' means a violation of a provision of a code or ordinance by a person whom the board has previously found to have violated the same provision within five (5) years prior to the violation." SECTION 3. 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. The city Commission may appoint up to two (2) alternate members to serve on the board in the absence of board members. Board members will be residents of the city. Appointments will be made on the basis of experience or interest in code enforcement. ~he-~~~d~-~~~-~~-e~~i~~"~-~, Board membership will, when practicable, include an architect, a businessman, an engineer, a general contractor, a sub-contractor and a realtor. "(2) The initial appointments to the board will be as follows: . "(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 clerk will be the custodian of the records of the board, subject to supervision and control of the city clerk. "(10) The board attorney will serve at the City Commission's pleasure." SECTION 4. 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 subsections (3) and (4), !!li~!!ee~~eft--(~ if the code inspector finds a violation of the code, he will first give the violator written notice thereof and 2 . . a reasonable time to correct the violation. f3t If the violation continues beyond the time set for correction, the code inspector will initiate proceedings before the board by filing a written statement of violations with the clerk. f+t 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: II (a) The nature of the alleged violation. II (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. II (d) If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by th~ code inspector, the case may be presented to the board even though the violation has been corrected before the hearing. II (3) If a repeat violation is found. the code inspector shall notifY the violator but is not required to qive the violator a reasonable time to correct the violation. The code inspector. u?on notifying the violator of a repeat violation. shall notify the board and request a hearing. The board. through its clerical staff. shall schedule a hearinq and shall provide notice pursuant to section 7.5-10 of this chapter. The case may be presented to the board even if the repeat violation has been corrected prior to the board hearing. and the notice shall so state. ( I "..Lil. f5t 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.1I SECTION 5. Section 7.5-7 of the Code of Ordinances of the city of Ocoee, Florida, is amended to read as follows: "Sec. 7.5-7. Conduct of hearing. "(1) The board will conduct hearings at each board meeting, unless there are no matters then pending before the board for hearing. A hearing also may be called either bY the chairman of the board or bV written notice siqned bY at least three members of the board. Minutes shall be kept of all hearings bY the board. and all hearings and proceedinqs shall be open to the l'ublic. II (2) Cases before the board will be presented by the city attorney or a member of the city's administrative staff as determined by the city manager. The board will take testimony from the code inspector in each case presented to the board for hearing. II (3) Testimony before the board will be under oath and shall be recorded. The clerk is authorized and empowered to administer oaths to persons testifying before the board. The board chairman or presiding board member and board attorney are also authorized and empowered to administer oaths to persons testifying before the board. 3 "(4) The alleged violator will have the right to appear in person before the board, to testify personally and present other evidence relevant to the matter under consideration by the board, to subpoena wi tnesses to testify at the hearing, and to be represented before the board by legal counsel of his own choosing at his own expense. . "(5) fundamental proceedings. "(6) At the conclusion of each hearing, the board will issue findings of fact, based on the evidence presented during the hearing and conclusions of law, and will issue an order affording proper relief consistent with the powers granted the board by provisions of this chapter. Formal rules due process of evidence will will be observed not and apply, govern but the "(7). Findings will be by motion approved by a majority of those menibers present and voting, but at least four members present must vote on the motion for the action to be official. "(8) The order may include a. notice that it must be complied with by a specified date; that a fine may be imposed 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 inspection discloses noncompliance, the fine will continue to accrue until compliance occurs. A certified copv of such an order may be recorded in the public records of the countv and shall constitute notice to anv subsequent purchasers. successors in interest. or assigns if the violation concerns real property. and the findings therein shall be bindinq upon the violator and. if the violation concerns real propertv. anv subsequent purchasers. successors in interest. or assiqns. If an order is recorded in the l'ublic records pursuant to this subsection and the order is complied with by the date specified in the order. the board shall issue an order aCknowledqing coml'liance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance." I I SECTION 6. Section 7.5-8 of the Code of Ordinances of the City of Ocoee, Florida, is amended to read as follows: "Sec. 7.5-8. Powers of the board. . "The board will have the power to: "(1) Adopt rules for. its administration and the conduct of its hearings, provided they are not inconsistent with the provisions of this chapter or Chapter 162, Florida Statutes. "(2) Subpoena alleged violators, witnesses and evidence to its hearings. The board may, by its rules, provide for issuance of subpoenas in the name of the board, 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 the alleged violator. " (3) Cause subpoenas issued by the board to be served by the city. police department or the county sheriff. "(4) Take testimony under oath. "(5) Issue orders having the whatever steps are necessary to compliance. force of bring a law to command violation into 4 "(6) Authorize the city attorney to foreclose ~ an lien arising from the recording in the official county records of certified copies of the board's orders imposing penalties after three !I!:K months from the e~ea~!:en filing of the lien have elapsed and the lien remains unpaid." SECTION 7. 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. . "(I) 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 w!:~he~~--hea~!:n~T issue an order requiring the violator to pay a fine not to exceed $250 for each day the violation continues past the eem~%!:anee date set bv the board for compliance. "(2) If the code inspector notifies the board, and the board so finds, that a repeat ~he-~ violat:j.on has been committed, ~e~ea~eel-~--ehe- 19tune-~i:&~:r";- the board may w!:~he~~-~ari-nq; issue an order requiring the violator to pay a fine not to exceed $500 $259 for each day the repeat violation continues past the ( date of notice to the violator of the repeat violation ~!:me-~he v!:e%a~!:en-ha!l-~een-~e~ea~eel. "(3) If a findinq of a violation or a repeat violation has been made as provided in this chapter. a hearinq shall not be necessary for issuance of the order imposinq the fine. "1...il -tat 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 committed by the violator. " (5) The board may reduce a fine imposed pursuant to this section. "1..Ql -t..t 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. Upon petition to the circuit court. such order may be enforced in the same manner as a court judqment bv the sheriffs of Florida. includinq levy against the personal propertv. but. such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this chapter shall continue to accrue until the violator comes into compliance or until ;udgment is rendered in a suit to foreclose on a lien filed pursuant to this section. whichever occurs first. . "111 The lien will be automatically extinguished twenty f!:ve years after the date the certified copy of the ~rder imposing a fine is recorded, unless within that time an action to foreclose the lien is commenced in a court of competent iurisdiction. In an action to foreclose on a lien. the prevailing party is entitled to recover all costs. including a reasonable attorney's fee. that it incurs in the foreclosure. 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. "1JU. -t5t The clerk is authorized and empowered to issue certified copies of the board's records." 5 SECTION 8. 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 any person residinq therein who is eeme-~~~eft-~~-~~~~ 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 I 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). 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, wi thout regard to whether or not the alleged violator actually received such notice." SECTION 9. If any section, subsection, ~entence, 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 hereof. SECTION 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 11. This Ordinance shall immediately upon its final passage and adoption. take effect Advertised: November -9. 1989 Read First Time: November 7. 1989 Read Second Time and Adopted: November 21. 1989 . Mayor FO USE AND RELIANCE ONLY BY THE FLORIDA,"APPROVED AS TO FORM AND :::s g1;uJ~~~V\A-1 DIC/tg ~DINANCE'FRM (9/89) CITY OF OCOEE, LEGALITY: , 19~ 6