Item V (A) 2 Public Hearing, Second Reading of Ordinance No. 94-28, amending Ch. 7 re: Code Enforcement Board Private Process Servers L "CENTER OF GOOD LIVING- PRIDE OF WEST ORANGE" AGENDA 11-15-94
Oco6E1 Item VA2
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' ° CITY OF OCOEE RUSTYJO ON
v 150 N.LAKESHORE DRIVE PAUL W.FOSTER
OCOEE FLORIDA 34761-2258 VERN COMBS
�'�►y ?i;;• `Zv (407)656-2322 JIM GLEASON
lE4 Of GOOD an'MANAGER
FLUS SHAPIRO
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: D.W. FLIPPEN, BUILDING AND ZONING DIRECTOR
DATE: OCTOBER 26, 1994
SUBJECT: CODE ENFORCEMENT PRIVATE PROCESS SERVER
ISSUE
Should the Honorable Mayor and Board of City Commissioners approve
an amendment to Section 7-10(A) of Chapter 7 of the Code of the
City of Ocoee, Florida that will provide the City with the
flexibility to utilize a process server in connection with Code
Enforcement Board matters.
BACKGROUND/DISCUSSION
Our City Code requires that all Notices of Hearing be provided to
the alleged violator by restricted delivery, return receipt
requested, or by hand delivery by the Sheriff or other law
enforcement officers or Code Enforcement. There are occasions when
the alleged code violator will not accept delivery of the notice.
In order to provide a way to assure delivery of the required
notice, the services of a process server are needed. The cost of
the process server would in most cases be passed on to the alleged
code violator. However, if the violation is corrected prior to the
Code Board Hearing or if the Code Board does not impose a fine for
the violation, the cost of the process server would be paid by the
City. The estimated cost of using a process server is fifty
($50.00) dollars.
A process server would only be used when all other means of serving
the Notice of Hearing have been exhausted. It is estimated that the
services of a process server would only be required once or twice
a year.
RECOMMENDATION
The Protective Inspections Staff recommends that the Honorable
Mayor and Board of City Commissioners approve this proposed
amendment.
DWF/sas/265
ORDINANCE 94- 28
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO CODE ENFORCEMENT; AMENDING
SECTION 7-10 OF CHAPTER 7 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE, FLORIDA,
RELATING TO NOTICES; 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,
Chapters 162 and 166, Florida Statutes, and Section C-8 of Article II of the Charter of the City
of Ocoee.
SECTION TWO. Section 7-10 of Chapter 7 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:
(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) 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 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 THREE. 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 FOUR. 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.
SECTION FIVE. EFFECTIVE DATE.
This Ordinance shall become effective immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1994.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
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ADVERTISED November 3, , 1994
READ FIRST TIME November 1 , 1994
READ SECOND TIME AND ADOPTED
, 1994
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1994.
By:
APPROVED BY THE OCOEE CITY
COMMISSION AT THE ABOVE-
REFERENCED MEETING UNDER
AGENDA ITEM NO.
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