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HomeMy WebLinkAboutItem #12 Resolution Establishing Fines & Fees for Notice of Violationse Centex of Good Ll� AGENDA ITEM COVER SHEET Meeting Date: March 5, 2013 Item # 1 2, Reviewed By Contact Name: Robin Drage Department Director: -do 0A Contact Number: 407 - 581 -9800 City Manager: Subject: Resolution establishing fines and fees for Notices of Violations. Background Summary: The new Chapter 16, Violations, provides that violations of certain Code provisions will be subject to a fine and that the fines will be established by Resolution. In addition, Chapter 16 provides that certain fees related to hearings to contest a Notice of Violation will be adopted by Resolution. The fines and fees to be adopted in this Resolution are related to the following Code provisions: • Bowfishing • Cemeteries • Noise • Parks, Recreation and other Community Facilities • Golf Carts on public streets • Abandoned Property • Vehicles and Traffic Issue: Should the City Commission adopt a Resolution establishing the fines and fees for certain Code violations? Recommendations City Staff recommends that the City Commission approve the fine and fee Resolution. Attachments: • Proposed Resolution establishing fines and fees for certain Code violations. Financial Impact: The financial impact expected from the adoption of the Resolution is related to the amount of fines and fees collected when a Notice of Violation is issued and is paid by the violator. Type of Item (please mark with an x') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing X Resolution Regular Agenda Commission Approval 1 Discussion & Direction X Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) Yes N/A N/A N/A 2 RESOLUTION NO. A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING A FINE AND FEE SCHEDULE AS AUTHORIZED BY ORDINANCE NUMBER 2013 -005 RELATED TO CHAPTER 16 OF THE CITY OF OCOEE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida adopted Ordinance Number 2013 -005 creating Chapter 16, Violations, in the City of Ocoee Code of Ordinances; and WHEREAS, Ordinance Number 2013 -005 provides that the City Commission shall adopt a resolution to provide for a fine and fee schedule related to violations of certain provisions of the City of Ocoee Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee, Florida, has the authority to adopt this Resolution pursuant Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Schedule of Fines and Fees. The City Commission of the City of Ocoee, Florida, hereby adopts a schedule of fines and fees, as may be amended from time to time, for violations of certain provisions of the code ordinances as provided in EXHIBIT "A ", attached hereto and by this reference made a part hereof. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution 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 4. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ATTEST: day of , 2013. APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry S. Scott Vandergrift, Mayor (SEAL) APPROVED BY THE OCOEE COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THECITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2013. SHUFFIELD, LOWMAN & WILSON By: City Attorney EXHIBIT "A" CITY OF OCOEE ORDINANCE VIOLATION FINE SCHEDULE O RDINA NCE Chapter 48 - Boats and Boating, Article III, Bowfishing $100 Chapter 61 - Cemeteries First Offense $50 $100 Second Offense each subsequent offense within 12 months of last offense Chapter 113 - Noise - Loud, Unnecessary or Disturbing First Offense $50 $100 Second Offense each subsequent offense within 12 months of last offense Chapter 124 - Parks, Recreation and other Community Facilities First Offense $50 $100 Second Offense each subsequent offense within 12 months of last offense Chapter 153 - Streets and Sidewalks, Article III, Golf Carts on Public Streets $100 Chapter 164 - Registration, Maintenance and Security of Abandoned Real Property Registration $200 $500 Failure to Register Chapter 168 - Vehicles and Traffic Parking $40 No Disabled /Handicap Sticker /Placard Permit $250 Administrative Fee (including filing fee) $50