VI (A) 3. 1st Reading of Ordinances 2nd Reading & Public Hearing March 7, 1995 at 7:30pm - Ordinanace No 95-06, amending Chapter 7, Enforcement Code AGENDA 2-21-95
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI A 3
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�► a PAUL W.FOSTER
O 150 N.LAKESHORE DRIVE SCOTT A.GLASS
?L1 OCOEE,FLORIDA 34761-2258 JIM GLEASON
(407)656-2322
CITY MANAGER
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F'P pf GOOQ ELLIS SHAPIRO
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: D.W. FLIPPEN, BUILDING AND ZONING DIRECTOR
DATE: FEBRUARY 10, 1995
SUBJECT: AMENDMENT TO CODE OF THE CITY OF OCOEE,
CHAPTER 7, ENFORCEMENT OF CODE
ISSUE
Should the Honorable Mayor and Board of City Commissioners approve
an Amendment of Chapter 7 of the Code of the City of Ocoee, Florida
that will bring our existing ordinance into compliance with the
revisions to the Florida Statutes which were enacted in the 1994
session of the Florida Legislature.
BACKGROUND/DISCUSSION
The recommended changes will provide the City with a means to
recover all cost incurred in prosecuting a case before the Code
Enforcement Board if the City prevails in such prosecution. This
would be in addition to any fines which may be imposed by the Code
Enforcement Board. This would also include reimbursement of City
Attorney legal fees which may be incurred in connection with the
prosecution of a case before the Code Enforcement Board. This
proposed change would also permit required notices of violations to
be posted on the property where the alleged violations exist in
lieu of being published in a newspaper of general circulation.
These changes would be an improvement to our code enforcement
process.
RECOMMENDATION
The Protective Inspections Staff recommend that the Honorable Mayor
and Board of City Commissioners approve this proposed amendment.
DWF/sas/364
ORDINANCE NO. 95-06
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO CODE ENFORCEMENT; AMENDING
SECTION 7-5 OF THE CODE OF ORDINANCES OF THE
CITY OF OCOEE, FLORIDA, REVISING THE PROCESS
OF APPOINTMENT OF CODE ENFORCEMENT BOARD
MEMBERS; AMENDING SECTION 7-6 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE, FLORIDA,
REVISING THE CONDITIONS UNDER WHICH A CODE
INSPECTOR MAY IMMEDIATELY NOTIFY THE CODE
ENFORCEMENT BOARD AND REQUEST A HEARING;
AMENDING SECTION 7-7 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE, FLORIDA,
AUTHORIZING THE CITY TO RECOVER COSTS
INCURRED IN PROSECUTING CASES BEFORE THE
CODE ENFORCEMENT BOARD;AMENDING SECTION 7-9
OF THE CODE OF ORDINANCES OF THE CITY OF
OCOEE, FLORIDA; REVISING THE TIME PERIOD FOR
IMPOSITION OF A FINE FOR REPEAT VIOLATIONS,
AUTHORIZING THE CITY COMMISSION TO MAKE
REPAIRS IF AN ORDER OF THE CODE ENFORCEMENT
BOARD IS NOT COMPLIED WITH FOR CERTAIN
VIOLATIONS AND TO ASSESS THE COST OF REPAIRS
ALONG WITH THE FINE IMPOSED ON THE VIOLATOR,
PROVIDING FOR RECOVERY OF COSTS, AUTHORIZING
THE CITY COMMISSION TO COLLECT COSTS OF
RECORDING AND SATISFYING THE LIEN; AMENDING
SECTION 7-10 OF THE CODE OF ORDINANCES OF THE
CITY OF OCOEE, FLORIDA, REVISING REQUIREMENTS
RELATING TO NOTICE TO THE VIOLATOR BY
POSTING;PROVIDING FOR SEVERABILITY;PROVIDING
FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION ONE. The City Commission of the City of Ocoee has the authority
to adopt this Ordinance pursuant to Article VIII of the Constitution of the State. of Florida,
Chapter 162, Florida Statutes, and Section C-8 of Article II of the Charter of the City of Ocoee.
SECTION TWO. Section 7-5 of the Code of Ordinances of the City of Ocoee,
Florida, is hereby amended to read as follows:
§ 7-5. Membership of Board; terms of office; organization.
A. 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, in the sole discretion
of the City Commission. Board membership will, when practicable,
include an architect, a businessman, an engineer, a general contractor, a
subcontractor and a realtor.
B. The initial appointments to the Board will be as follows:
(1) Two (2) members shall be appointed for terms of one (1) year
each.
(2) Three (3) members shall be appointed for terms of two (2) years
each.
(3) Two (2) members shall be appointed for terms of three (3) years
each.
C. All subsequent regular appointments to the Board will be for terms of
three (3) years.
D. If a Board member fails to attend two (2) of three (3) 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.
E. 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.
F. Board members will elect a Chairman (who will be a voting member)
from the Board members. The presence of four(4) or more members will
constitute a quorum of the Board.
G. The City Attorney will not be appointed to be or act as the Board
Attorney.
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H. 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 the designated Clerk or Deputy Clerk.
The Clerk will be the custodian of the records of the Board, subject to
supervision and control of the City Clerk.
J. The Board Attorney will serve at the City Commission's pleasure.
SECTION THREE. Section 7-6 of the Code of Ordinances of the City of Ocoee,
Florida, is hereby amended to read as follows:
§ 7-6. Procedure.
A. 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.
B. Except as provided in Subsections C and D, 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. 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. 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 § 7-10 of this chapter. The notice
will inform the alleged violator of the following:
(1) The nature of the alleged violation.
(2) The time and place of the hearing.
(3) 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.
(4) If the violation is corrected and then recurs, or if the violation is
not corrected by the time specified for correction by the Code
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inspector, the case may be presented to the Board even though the
violation has been corrected before the hearing.
C. If a repeat violation is found, the Code inspector shall notify the violator
but is not required to give the violator a reasonable time to correct the
violation. The Code inspector, upon notifying the violator of a repeat
violation, shall notify the Board and request a hearing. The Board,
through its clerical staff, shall schedule a hearing and shall provide notice
pursuant to § 7-10 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.
D. If the Code inspector has reason to believe a violation or the condition
causing the 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 FOUR. Section 7-7 of the Code of Ordinances of the City of Ocoee,
Florida, is hereby amended to read as follows:
§ 7-7. Conduct of hearings.
A. 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 by written notice
signed by at least three (3) members of the Board. Minutes shall be kept
of all hearings by the Board, and all hearings and proceedings shall be
open to the public.
B. 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. If the City prevails in
prosecuting a case before the Board, the City shall be entitled to recover
all costs incurred in prosecuting the case before the Board.
C. 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.
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D. 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.
E. Formal rules of evidence will not apply, but fundamental due process will
be observed and govern the proceedings.
F. 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.
G. Findings will be by motion approved by a majority of those members
present and voting, but at least four (4) members present must vote on the
motion for the action to be official.
H. The order may include a notice that it must be complied with by a
specified date; that a fine may be imposed and, under the conditions
specified in section 7-9C of this chapter, the cost of repairs may be
included along with the fine, 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 copy of such
an order may be recorded in the public records of the county and shall
constitute notice to any subsequent purchasers, successors in interest or
assigns, if the violation concerns real property, and the findings therein
shall be binding upon the violator and, if the violation concerns real
property, any subsequent purchasers, successors in interest or assigns. If
an order is recorded in the public records pursuant to this subsection and
the order is complied with by the date specified in the order, the Board
shall issue an order acknowledging compliance that shall be recorded in
the public records. A hearing is not required to issue such an order
acknowledging compliance.
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SECTION FIVE. Section 7-9 of the Code of Ordinances of the City of Ocoee,
Florida, is hereby amended to read as follows:
§ 7-9. Administrative fines; costs of repairs; liens.
A. 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
issue an order requiring the violator to pay a fine not to exceed two
hundred fifty dollars ($250) for each day the violation continues past the
date set by the Board for compliance, and, in addition the fine may
include all costs of repairs pursuant to subsection C of this section 7-9.
B. If the Code inspector notifies the Board and the Board so fords that a
repeat violation has been committed, the Board may issue an order
requiring the violator to pay a fine not to exceed five hundred dollars
($500) for each day the repeat violation continues, beginning with the date
the repeat violation is found to have occurred by the Code inspector, and,
in addition the fine may include all costs of repairs pursuant to subsection
C of this section 7-9 .. . . . - . ' - , - . . . . , - ;
violation.
C. In addition, if the violation is a violation described in section 7-6D of this
chapter, the Board shall notify the City Commission, which may make all
reasonable repairs which are required to bring the property into
compliance and charge the violator with the reasonable cost of the repairs
along with the fine imposed pursuant to this section 7-9.
D.E: If a fording of a violation or a repeat violation has been made as provided
in this chapter, a hearing shall not be necessary for issuance of the order
imposing the fine.
E.$- In determining the amount of the fine, if any, the Board will consider the
following factors:
(1) The gravity of the violation.
(2) Any actions taken by the violator to correct the violation.
(3) Any previous violations committed by the violator.
F.£L The Board may reduce a fine imposed pursuant to this section.
G.F`. 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
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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 judgment by the sheriffs
of Florida, including levy against the personal property, 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 judgment is rendered in
a suit to foreclose on a lien filed pursuant to this section, whichever
occurs first. A lien arising from a fine imposed pursuant to this section
7-9 runs in favor of the City Commission and the City Commission may
execute a satisfaction or release of a lien entered pursuant to this section
7-9.
H.G7 The lien will be automatically extinguished twenty (20)years after the date
the certified copy of the order imposing a fine is recorded, unless within
that time an action to foreclose the lien is commenced in a court of
competent jurisdiction. 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. The City Commission shall be entitled
to collect all costs incurred in recording and satisfying a valid lien.
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.
Hi: The Clerk is authorized and empowered to issue certified copies of the
Board's records.
SECTION SIX. Section 7-10 of the Code of Ordinances of the City of Ocoee,
Florida, is hereby amended to read as follows:
§ 7-10. Notices.
A. 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 process
server designated pursuant to Chapter 48, Florida Statutes, or by leaving
the notice at the violator's usual place of residence with any person
residing therein who is above fifteen(15) years of age and informing such
person of the contents of the notice.
B. In addition to providing notice as set forth in subsection A, at the option
of the Board, notice may also be served by publication, as follows:
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(1) Such notice shall be published once during each week for four (4)
consecutive weeks, four (4) publications being sufficient, in a
newspaper of general circulation in Orange County. The
newspaper must meet such requirements as are prescribed under
Chapter 50 of the Florida Statutes for legal and official
advertisements. Proof of publication shall be made as provided in
Sections 50.041 and 50.051 of the Florida Statutes.
2,Z In lieu of publication as described in subsection (B)(1), such notice
may be posted for at least ten (10) days in at least two locations,
one of which shall be the property upon which the violation is
alleged to exist and the other of which shall be at the primary City
government office. Proof of posting shall be by affidavit of the
person posting the notice, which affidavit shall include a copy of
the notice posted and the date and places of its posting.
.Q( 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 A. Evidence that an attempt has
been made to hand deliver or mail notice as provided in subsection
A, together with proof of publication or posting as provided in
Subsection B, 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 SEVEN. SEVERABILITY.
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 hereof.
SECTION EIGHT. CODIFICATION.
It is the intention of the City Commission of the City that the provisions of this
ordinance shall become and be made a part of the Code of Ordinances of the City; and that
sections of this ordinance may be renumbered or relettered and the word "ordinance" may be
changed to "chapter," "section," "article," or such other appropriate word or phrase in order to
accomplish such intentions; and regardless of whether such inclusion in the code is
accomplished, sections of this ordinance may be renumbered or relettered and the correction of
typographical errors which do not affect the intent may be authorized by the City Manager,
without need of public hearing, by filing a corrected or recodified copy of the same with the
City Clerk.
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SECTION NINE. EFFECTIVE DATE.
This Ordinance shall become effective immediately upon
passage and adoption.
PASSED AND ADOPTED this day of , 1995.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED February 23 , 1995
READ FIRST TIME Feb. 21 , 1995
READ SECOND TIME AND ADOPTED
, 1995
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1995.
By:
APPROVED BY THE OCOEE CITY
COMMISSION AT THE ABOVE -
REFERENCED MEETING UNDER
AGENDA ITEM NO.
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