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2013-005 Violations Hearing BoardORDINANCE NO. 2013-005 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA DELETING IN ITS ENTIRETY ARTICLE II OF CHAPTER 168,; PROVIDING FOR THE RENAMING OF THE POLICE INFRACTION BOARD TO THE VIOLATIONS HEARING BOARD; ADOPTING A NEW CHAPTER 16 OF THE CODE. OF ORDINANCES OF THE CITY OF OCOEE, ENTITLED VIOLATIONS; PROVIDING FOR REQUIREMENTS RELATED TO MEMBERSHIP, MEETINGS, POWERS AND DUTIES OF THE VIOLATIONS HEARING BOARD; PROVIDING FOR NOTICE OF VIOLATION REQUIREMENTS; PROVIDING FOR NOTICE. OF VIOLATION FINES AND PROCEDURES; PROVIDING FOR HEARINGS TO CONTEST NOTICES OF VIOLATIONS; PROVIDING FOR FINE COLLECTION PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida (the "City Commission ") desires to change the name of the Police Infraction Board to the Violations Hearing Board (the "Violations Hearing Board "); and WHEREAS, the City Commission desires to expand the duties of the Violations Hearing Board to allow the Violations Hearing Board to consider appeals related to Notices of Violations issued by the City of Ocoee Police Department, the Ocoee Fire Department and any other City employee as designated by the Chief of Police; and WHEREAS, the City Commission desires to establish certain requirements related to the membership of the Violations Hearing Board; and WHEREAS, the City Commission desires to establish certain requirements for Notices of Violations, fines and procedures for payment of fines; and WHEREAS, the City Commission desires to establish the procedures for hearings to contest Notices of Violations before the Violations Hearing Board; and WHEREAS, the City Commission desires to establish the procedure for the collection of fines related to Notices of Violations. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority 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 and Chapter 166, Florida Statutes. SECTION 2. Article II of Chanter 168 Article 11 of Chapter 168 is hereby deleted in its entirety. SECTION 3. Chapter 16 . A new Chapter 16 of the Code of Ordinances of the City of Ocoee, Florida is hereby adopted as follows: See Exhibit "A" attached hereto and by this reference made a part hereof. SECTION 4. 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 hereto. SECTION 5. 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 same with the City Clerk. SECTION 6. Effective Date This Ordinance shall become effective immediately upon passage and adoption. [Signatures To Follow] -2- PASSED AND ADOPTED this 5 day of VY' & � , 20 Imo. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA _ I - Trei Eikcenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this J T " 'day of MAC ,20!3, SHUFFIELD, LOWMAN & WILSON By: torney S. Scott Vandergrift, Mayor ADVERTISED 20 READ FIRST TIME , 20 READ SECOND TIME. AND ADOPTED CY`C1t'C'_.Yl -f) 2013 UNDER AGENDA ITEM NO. -3- EXHIBIT A CHAPTER 16 — VIOLATIONS. §16 -1. - Creation of Violations Hearing Board; membership; meetings. A. Creation. There is hereby established the Ocoee Violations Hearing Board the "Violations Hearing Board "). The Violations Hearing Board shall have the following powers and duties: 1. To consider contests of designated violations of the City Code and to receive and evaluate evidence in connection therewith; and 2. Based upon the evidence presented at such a hearing, to make a determination as to whether a violation of the City Code occurred; and 3. To impose the fines and fees as adopted by a Resolution of the City Commission with respect to City Code violations, including late fees and administrative charges. 4. To make recommendations to the Chief of Police, or his designee, on matters agreed upon by board members, as it relates to the hearing of and pertaining to code violations. B. Membership; Appointment; Term; Chairperson and Vice Chairperson; Quorum, Removal. 1. Membership. There shall be seven (7) members of the Violations Hearing Board and two must be members of the Citizens Advisory Council of the Ocoee Police Department (the "CACOPD "). Additional members of the Violations Hearing Board may also be members of the CACOPD. All members of the Violations Hearing Board must be residents of the City of Ocoee, own real property in Ocoee, or be an owner of a businesses located in Ocoee. 1 Appointment. Those members serving on the heretofore established Ocoee Police Infraction Hearing Board shall be members of the Violations Hearing Board until such time as their appointed term expires. Each member of the City Commission shall appoint a member of the Violations Hearing Board. In the event a member of the Violations Hearing Board vacates his or her position prior to the end of their term, the replacement shall be appointed by the Commissioner who made the original appointment. The other two members of the Violations Hearing Board shall be appointed by the City Commission from among the membership of the CACOPD. The Chief of Police shall provide the City Commission with his recommendation for the appointment of a member from the CACOPD. If the CACOPD member ceases to be a member of the CACOPD, then such person shall cease to be a member of the Violations 0 Hearing Board. Members of the Violations Hearing Board shall serve two -year terms and may be reappointed without. regard to the number of terms served previously. C. 3. Chairperson, Vice Chairperson, The Violations Hearing Board shall elect by majority vote a Chairperson and a Vice Chairperson at the first meeting of each calendar year. The Chairperson and Vice Chairperson shall assume office at the close of the meeting at which they are elected. Officers shall not be limited to the number of terms they may serve. Vacancies may be filled at the next regular meeting provided at least one week notice of the election is given prior to the meeting. The Chairperson shall preside at all meetings of the Violations Hearing Board. The Vice Chairperson shall perform the duties of the Chairperson in the absence of the Chairperson. 4. Quorum. Three members of the Violations Hearing Board shall constitute a quorum, and no action may be taken if less than three members are present and voting. 5. Voting. Voting shall be done by voice vote or by show of hands at the discretion of the Chairperson. Votes may only be taken at a properly noticed meeting at which a quorum is present. Each duly qualified member in attendance, including officers, shall be entitled to one vote. Voting by proxy, absentee ballot or by telephone shall not be permitted. 6. Removal. A member of the Violations Hearing Board may have his or her membership revoked for cause by the affirmative vote of a simple majority of the members present at any duly called meeting of the Violations Hearing Board at which a quorum is present. Cause shall include, but not necessarily be limited to, a member's failure to attend three meetings within a twelve (12) month period to properly discharge his or her responsibilities and duties as a member of the Violations Hearing Board. A member shall automatically have his or her membership revoked should such member cease to be qualified for membership as provided herein. Meetings. 1. Regular Meetings. Notice of each meeting shall be provided to all members of Violations Hearing Board within a reasonable time prior to the meeting. Notice of the place, day and hour of the meeting shall be provided to the public in advance of the meeting. Except as otherwise provided in Chapter 286, Florida Statutes, all meetings shall be open to the public. 2. Special Meetings. Special meetings may be called by the Chief of Police or his designee, the Chairperson or the Vice Chairperson, or by a majority of the Violations Hearing Board. Notification of all special meetings shall be posted not less than five (5) days prior to said meeting. Special meetings shall be -5- conducted in the same manner as a regular meeting but shall be limited to the conduct of business specifically set forth in the notice. §16 -2. — Powers and Duties of the Board. A. The Violations Hearing Board is empowered to hear cases of contested Notices of Violations as issued by Officer and Community Service Officers of the Ocoee Police Department, the Ocoee Fire Department and any other city employee as designated by the Chief of Police. B. The types of cases heard before the Violations Hearing Board shall be determined by the Chief of Police. The Violations Hearing Board may not hear cases outside the scope assigned by the Chief of Police. However, this shall not preclude the Violations Hearing Board from having discussions and /or making suggestions to the Chief of Police relating to the types of cases heard before the Violations Hearing Board. C. The Violations Hearing Board shall utilize definitions established by Florida Statutes and /or the Manual on Uniform Traffic Control Devices relating to the definition of terms for traffic violations which are not established by City Ordinance. D. The Violations Hearing Board shall adopt rules for transactions of its business and shall keep a record of its resolutions, transactions, findings and determinations. E. if the Violations Hearing Board determines that the violation(s) listed in the Notice of Violation was committed, the Violations Hearing Board shall impose a fine. if the Violations Hearing Board determines that the violation(s) listed in the Notice of Violation was not committed, then the filing fee as provided herein shall be returned. F. The Violations Hearing Board should not be used to try to influence the City Commission in budget or personnel matters relating to the Police Department. G. Coordination with the Violations Hearing Board shall be the responsibility of the Chief of Police or any other departmental member designated by him. The Chief of Police shall maintain complete and current files on the composition of the Violations Hearing Board, its meetings and its activities. §16 -3. - Notice of Violation Requirements. A Notice of Violation issued for a violation of the Code shall include: A. The name, address and driver's license number (if applicable) of the violator; and B. Notice that the violation charged is pursuant to the applicable Code provision; and M C. The location where the violation occurred; and D. The date and time of the violation; and E. If the violation involves a motor vehicle: (1.) The license plate number and registration number of the vehicle; and (2.) The make, model, and year of the vehicle; and F. The civil penalty imposed; and G. The procedures for payment of the civil penalty and contesting the notice of infraction; and H. Information advising the violator of the manner and time in which liability as alleged in notice of violation may be appealed and warning that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability. §16 -4. - Notice of Violation Fines and Procedures A. Any person violating any provision of this Code who receives a Notice of Violation shall be subject to a fine as set forth in a Resolution adopted by the City Commission. B. Any person who receives a Notice of Violation shall have the following options: (1.) Pay the assessed fine pursuant to the instructions on the Notice of Violation; or (2.) File a Contesting Affidavit to contest the violation at a hearing before the Violations Hearing Board as provided herein. C. The failure to comply with (1) or (2) above within thirty (30) calendar days of the date of the Notice of Violation shall constitute a waiver of the right to contest the Notice of Violation and will be considered an admission of liability. D. Violators who fail to either pay the fine indicated on the Notice of Violation or to request a hearing before the Violations Hearing Board may be subject to the following: referral to a collection agency for collection of the fine and /or denial of vehicle registration or booting of vehicle (for Violations related to vehicles and traffic). §16 -5. - Hearings. -7- A. The Violations Hearing Board shall hear contests to Notices of Violations. B. Violators who desire to schedule a hearing to contest a Notice of Violation must file a Contesting Affidavit within thirty (30) days from the date of the Notice of Violation with the City Police Department along with the appropriate filing fee, as provided in a Fine Resolution adopted by the City Commission. C. Upon receipt of a request for a hearing, the City Police Department shall schedule a hearing before the Violations Hearing Board to occur within sixty (60) calendar days after receipt of the Contesting Affidavit. The City shall provide notice of the hearing to the violator no less than ten (10) calendar days prior to the date of the hearing. The notice of the hearing shall be delivered via certified U.S. mail to the same address set forth on the Notice of Violation. D. The City representative who issued the Notice of Violation shall testify at the hearing. The Violator may also testify and the Violator or his or her representative may present witnesses and introduce evidence. E. Based on the evidence presented at the hearing, the Violations Hearing Board shall make a determination as to whether the Code violation was committed by the violator. At such hearing or within fifteen (15) days after the hearing, the Violations Hearing Board shall issue a written order stating its findings and the amount of the fine, as applicable. F. Formal rules of evidence shall not apply at the hearing and any relevant evidence may be admitted. Hearsay evidence may be admitted, but shall not form the sole basis upon which the Violation Board's decision is made. Irrelevant and unduly repetitious evidence may be excluded. The hearing shall be conducted in a manner to ensure that procedural and substantive due process is afforded the violator. G. In addition to the civil penalty imposed pursuant to this Chapter, if the Violations Hearing Board determines the violation was committed, the violator shall also responsible for payment of hearing costs as adopted by a Resolution of the City Commission. H. In the event that the City decides to dismiss the Notice of Violation or if the Violations Hearing Board dismisses the Notice of Violation, the filing fee shall be refunded. In the event that the Violations Hearing Board determines that the violation was committed, the violator shall be deemed to have waived his or her right to pay the original amount of the fine as indicated on the Notice of Violation. A fine of up to Two Hundred Fifty Dollars ($250.00) plus hearing costs as provided in the Fine Resolution may be imposed by the Violations Hearing Board. In such event, the filing fee shall be deducted from the fine. J. Failure to appear before the Violations Hearing Board at the time of hearing will result in the imposition of a fine and hearing costs as determined by the Violations Hearing Board. §16 -6. - Collection of Fines. The City Manager or his /her designee may establish procedures for the collection of a fine imposed herein, and may enforce collect such fine by civil action in the nature of debt. The violator shall also be responsible for payment of any costs incurred by the City in any legal proceedings or other efforts instituted to collect money due under this Chapter. -9-