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HomeMy WebLinkAboutOrdinance 1004 ORDINANCE 00. 1004 First Reading: Second Reading: 8-4-81 9-1-81 . AN ORDINANCE OF THE CITY OF OCOEE, ORAN;E <X>UNrY, FLORIDA, RELATIN.; 'IO <X>DE ENFORCrnENl'; AMENDIN.; SECl'ION 7.5-1 OF THE <X>DE, RELATIN.; 'IO THE TITLE OF QiAPI'ER 7.5 OF THE <X>DE; AMENDIN.; SECl'ION 7.5-2 OF THE <X>DE, RELATIN.; 'IO THE INI'EN!' OF THE <X>DE ENFORCEMENr ORDINANCE; AMENDIN.; SECl'ION 7.5-3 OF THE <X>DE, RELATIN.; 'IO ESTABLISHrnENl' OF THE BOARD AND ITS NAME; AMENDIN.; SECl'ION 7.5-4 OF THE <X>DE, RELATIN.; 'IO DEFINITIONS OF TERMS USED WITHIN QiAPI'ER 7.5 OF THE <X>DE; AMENDIN.; SECl'ION 7.5-5 OF THE <X>DE, RELATIN.; 'IO THE <X>MroSI- TION OF THE <X>DE ENFORCEMENI' BOARD, THE AProINI'MENI' OF ITS MEMBERS, THEIR TERfI.iS OF OFFICE, VACM"CIES ON THE BOARD, <X>MPENSATION OF BOARD MEMBERS, THE WMBER OF MEMBERS <X>NSTI- 'lUI'IN.; A QOORUM, ELECl'ION OF A BOARD OfAIRMAN, DESIGNATION OF A Q.,ERK FUR THE BOARD, DESGINATION OF THE Q.,ERK AS ClJSTODIAN OF THE BOARD'S REOOROO, AND AProINI'MENl' OF A BOARD ATIORNEY; AMENDIN.; SECl'ION 7.5-6 OF THE <X>DE, RELATIN.; 'IO PROCEDURES AND RESroNSIBILITIES FUR BRIN;IN.; VIOLATIONS BEFDRE THE <X>DE ENFORCEMENI' BOARD; AMENDIN.; SECl'ION 7.5-7 OF THE <X>DE, RELATIN.; 'IO THE <X>NOOCl' OF HEARIN.;S BY AND BEFDRE THE BOARD; AfI.LENDIN.; SECl'ION 7.5-8 OF THE <X>DE, RELATIN.; 'IO THE l?a'JERS OF THE BOARD; AMENDIN.; SECl'ION 7.5-9 OF THE <X>DE, RELATIN.; 'IO THE BOARD'S IMroSITION OF FINES FUR VIOLATION OF ITS ORDERS AND 'IO CREATION OF LIENS; CREATIN.; SECl'ION 7.5-10 OF THE <X>DE, RELATIN.; 'IO SERVICE OF wrICE; CREATIN.; SECl'ION 7.5-11 OF THE <X>DE, PROVIDIN.; THE ProvISIONS OF THE QiAPI'ER 'IO BE SUPPLrnENl'AL 'IO OI'HER MF..ANS AVAILABLE 'IO THE CITY 'IO ENFORCE ITS <X>DES AND ORDINANCES; CREATIN.; SECl'ION 7.5-12 OF THE <X>DE, RELATIN.; 'IO APPEALS FroM THE BOARD'S ACl'IONS; PROVIDIN.; AN EFFECl'IVE DATE. BE IT ENACl'ED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA: SECl'ION 1. This ordinance is enacted under the authority of Olapter 162, Florida Statutes. SECl'ION 2. Section 7.5-1 of the Code of Ordinances of the City of Ocoee, Florida, is amended to read as follows: "Sec. 7.5-1. Short title. "This chapter may be cited as the Ocoee Code Enforcement Board Ordi- nance." SECl'ION 3. Section 7.5-2 of the Code of Ordinances of the City of Ocoee, Florida, is amended to read as follows: "Sec. 7.5-2. Intent. . "This ordinance is intended to prOOlote, protect and improve the health, safety and welfare of the citizens of the City of Ocoee, Florida, by creating an actninistrative board with authority to impose administrative fines and other non-criminal 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." SECl'ION 4. Section 7.5-3 of the Code of Ordinances of the City of Ocoee, Florida, is amended to read as follows: "Sec. 7.5-3. Board; jurisdiction. "(1) The City of Ocoee, Florida will have one administrative board as provided in this chapter and which will be called the Code Enforcement Board of the City of Ocoee, Florida. "(2) The Board will have jurisdiction to enforce any of the codes and ordinances in force in the City of Ocoee, Florida, where a pending or repeated v iolat ion cont inues to exist." l_ -_~ n (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 busi- ness. Board members, the board attorney, the city attorney and code inspec- tors will not be designated clerk or deputy clerk. "(9) The clerk will be the custodian of the records of the board, subject to the supervision and control of the city clerk. "(10) The board attorney will serve at the City Camnission's pleasure." SECl'ION 7. 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 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. "(4) The board, through its clerical staff, will schedule a hearing on the alleged violation and give the alleged violator written notice thereof, which 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 natter 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, the case will 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, he will make a reasonable effort to notify the violator and may inmediately notify the board and request a hearing." SECl'ION 8. 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. "(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 fram the code inspector in each case presented to the board for hearing. " (3) Testimony before the board will be under oath. 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. n (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 witnesses to testify at the hearing, and to be represented before the board by legal counsel of his own choosing at his own expense. II (5) Formal rules of evidence will not apply, but fundamental due process will be observed and govern the 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. " (7) Findings 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. . " (8) The order may include a notice that it must be complied with by a specified date; that a fine may be imposed if canpliance does not occur by that date; that the violation is presumed to continue until the violator gives the city written notice of canpliance; that the violator must give the city written notice of compliance before the city will conduct a compliance inspec- tion; and that if the canpliance inspection discloses noncanpliance, the fine will continue to accrue until canpliance occurs." SECTION 9. 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 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 force of law to conmand whatever steps are necessary to bring a violation into canpliance. "(6) Authorize the city attorney to foreclose an lien anslng from the recording in the official county records of certified copies of the board's orders imposing penalties after six months fran the creation of the lien have elapsed and the lien remains unpaid." SECl'ION 10. 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. " (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) 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 --- r 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. "(4) The clerk is authorized and empowered to issue certified copies of the board's records." SECI'ION 11. Section 7.5-10 of the Code of Ordinances of the City of Ocoee, Florida, is amended to read as follCMS: "Sec. 7.5-10. Notices. . "All notices required by this chapter will be by certified mail, return receipt requested, or by hand delivery by the sheriff or other law enforcement officer or code inspector." SECI'ION 10. Section 7.5-11 of the Code of Ordinances of the City of Ocoee, Florida, is amended to read as follCMS: "Sec. 7.5-11. Provisions of chapter supplemental. "Nothing in this chapter will be deemed to prohibit the city fran enforc- ing its codes by any other means; the provisions of this chapter are merely an additional or supplemental means of obtaining canpliance with the city's codes." SECI'ION 11. Section 7.5-12 of the Code of Ordinances of the City of Ocoee, Florida, is amended to read as follCMs: "Sec. 7.5-12. Appeals. "Final administrative orders of the board may be appealed to the circuit court for Orange County, Florida, by any party to the proceeding in which the order is issued, provided the appeal is filed within 30 days of execution of the order to be awealed." SECI'ION 12. This ordinance wil on becaning law. ADOPOO> THIS /;tl---(- DAY 0 , 1981. City of' Ocoee :zLe~ Mayor A'l"l'EST: ~ CITY CLERK . SECI'ION 5. 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: . " (I) 'City' means the City of Ocoee, Orange County, Florida. "(2) 'City Canmission' 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 compli- ance with the code or any portion thereof. "(5) 'Board' means the code enforcanent board of the city. "(6) 'City attorney' means the person appointed by the City Canmission 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 Corranission pursuant to section 7.5-5 (I) of this chapter t act as legal counsel for the board." SECI'ION 6. 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. " (I) The City COIllnission will appoint a seven-rnernber board and a board attorney. Board manbers 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 manbership will, when practicable, include an archi- tect, 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 manbers appointed for a term of one year each. " (b) Three manbers appointed for a term of two years each. " (c) Two manbers appointed for a term of three years each. " (3) All subsequent regular appointments to the board will be for a term of three years. Board manbers may not be appointed to serve more than two terms in succession. . "(4) If a board manber fails to attend two of three successive board meetings without cause and without prior approval of the board chairman, the board will declare the manber's office vacant and promptly report the vacancy to the City Canmission, 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 manbers will serve without compensation and at the pleasure of the City Canmission. Board manbers may be reimbursed for travel, mileage and per diem expenses as authorized by the City Canmission. " (6) Board manbers will elect a chairman from the board manbers. The presence of four or more manbers will constitute a quorum of the board. "(7) The city attorney will not be appointed to be or act as the board attorney.