HomeMy WebLinkAbout3531ORDINANCE NO. 3531
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
RELATING TO THE CODE ENFORCEMENT BOARD;
AMENDING SECTION 2-173, DEFINITION S, REVISING THE
DEFINITION OF "REPEAT VIOLATION;" AMENDING
SECTION 2-175, ENFORCEMENT PROCEDURE, ADDING
A NEW SUBSECTION (e) REGARDING TRANSFER OF
OWNERSHIP DURING ENFORCEMENT PROCEDURE;
AMENDING SECTION 2-178, ADMINISTRATIVE FINES
AND LIENS, SUBSECTION (1) REGARDING THE
CONTINUING OBLIGATION OF THE CITY AND THE
EXPOSURE FOR LIABILITY; AMENDING SUB SECTION (1)
AND (2) (a) WITH REGARD TO REPEAT VIOLATORS;
AMENDING SUBSECTION (3) TO PROVIDE THAT CODE
ENFORCEMENT LIENS BE CO-EQUAL WITH THE LIEN
OF ALL STATE, COUNTY, DISTRICT, AND MUNICIPAL
TAXES AND SUPERIOR TO ALL OTHER LIENS;
AMENDING SECTION 2-181, NOTICES, TO CLARIFY THE
NOTICE REQUIREMENT BY CERTIFIED MAIL AND
POSTING AND TO PROVIDE FOR NOTICE PROCEDURE
FOR COMMERCIAL PREMISES; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1. Section 2-173, Definitions of the Code of the City of Sanford shall be amended
to read as follows:
Section 2-173. Definitions.
[For the purposes of this article, the following words and phrases shall
have the meanings respectively ascribed to them:]
'~Repeat violation" means a violation of a provision of a code or ordinance by
a person whom the code enforcement board who has been previously found through
a code enforcement board or any other quasi-judicial or judicial process, to have
violated or who has admitted violating the same provision within five (5) years prior
t~ of the violation, notwithstanding the violations occur at different locations.
SECTION 2. Section 2-175, Enforcement procedure of the Code of the City of Sanford shall
be amended to read as follows:
Section 2-175. Enforcement procedure.
(a) It shah be the duty of the code inspector to initiate enforcement
proceedings of the various codes and ordinances; however, no member of the code
enforcement board shall have the power to initiate such enforcement proceedings.
(b) Except as provided in subsections (c) and (d) of this section, if a
violation of a code or ordinance is found, the code inspector shall notify the violator
and give him a reasonable time to correct the violation. If the violation continues
beyond the time specified for correction, the code inspector shall notify the code
enforcement board and request a hearing. The code enforcement board, through its
clerical staff, shall schedule a heating, and written notice of the hearing shall be hand
delivered or mailed as provided in section 2-161 to the violator. At the option of the
code enforcement board, notice may additionally be served by publication as provided
in section 2-161. If the violation is corrected and then recurs or if the violation is not
corrected by the time specified for correction by the code inspector, the case may be
represented to the code enforcement board even if the violation has been corrected
prior to the board heating and the notice shall so state.
(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 enforcement board and request a hearing. The code enforcement board,
through its clerical staff, shall schedule a hearing and shall provide notice pursuant to
section 2-161. The case may be presented to the code enforcement board even if the
repeat violation has been corrected prior to the board heating 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 the public health, safety and welfare
or if the violation is irreparable or irreversible in nature, the code inspector shall make
reasonable effort to notify the violator and may immediately notify the code
enforcement board and request a heating.
(e~ If the owner of property which is subject to an enforcement proceeding
before the board transfers ownership of the property between the time the initial
pleading or notice was served and the time of the hearing, such owner shall:
(1) Disclose, in writing, the existence and the nature of the
proceeding to the prospective transferee.
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(2) Deliver to the prospective transferee a copy of the pleadings,
notices, and other materials relating to the code enforcement proceeding received by
the transferor.
(3) Disclose, in writing, to the prospective transferee that the new
owner will be responsible for compliance with the applicable code and with orders
issued in the code enforcement proceeding.
(4) File a notice with the code enforcement official of the transfer
of the property, with the identity and address of the new owner and copies of the
disclosures made to the new owner, within 5 days after the date of the transfer.
A failure to make the disclosures described in paragraphs (1), (2), and (3) before the
transfer creates a rebuttable presumption of fraud. If the property is transferred
before the hearing, the proceeding shall not be dismissed, but the new owner shall be
provided a reasonable period of time to correct the violation before the hearing is
held.
SECTION 3: Section 2-178, Administrative fines and liens of the Code of the City of
Sanford shall be amended to read as follows:
Section 2-178. Administrative fines and liens.
(1) The code enforcement board, upon notification by the code inspector
that an order of the board has not been complied with by the set time or, upon finding
that a repeat violation has been committed, may order the violator to pay a fine in an
amount specified in this section for each day the violation continues past the date set
by the board for compliance, or, in the case of a repeat violation, for each day the
repeat violation continues, beginning with the date the repeat violation is found to
have occurred by the code inspector. In addition, if the violation is a violation
described in section 2-175(d), 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. Making such repairs does not create a continuing
obligation on the part of the City of Sanford to make further repairs or maintain the
property and it does not create any liability against the City for any damages to the
property if such repairs were completed in good faith. If a finding of a violation or
a repeat violation has been made as provided in this division, a hearing shall not be
necessary for issuance of the order imposing the fine. If, af[er due notice and hearing,
the code enforcement board finds violation to be irreparable or irreversible in nature,
it may order the violator to pay a fine as specified in subsection (2) of this section.
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(2)(a) A fine imposed pursuant to this section shall not exceed $250.00 per
day for a first violation and shall not exceed $500.00 per day for a repeat violation
and, in addition, may include all costs of repairs pursuant to subsection (a) of this
section. However, if the code enforcement board finds the violation to be irreparable
or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation.
(2)(b) In determining the amount of the fine, if any, the code enforcement
board shall 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.
(C)
this section.
The code enforcement board may reduce a fine imposed pursuant to
(3) A certified copy of an order imposing a fine may be recorded in the
public records of the county and thereafter shall constitute a lien against the land on
which the violation exists and upon any other real or personal property owned by the
violator. All liens filed by the code enforcement board shall be liens co-equal with the
lien of all state, county, district and municipal taxes, superior in dignity to all other
liens, titles, and claims, until paid or extinguished. Upon petition to the circuit court,
the order may be enforced in the same manner as a court judgment by the sheriffs of
this state, 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 section 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 runs in favor of the city commission and the city commission may execute
a satisfaction or release of lien entered pursuant to this section. After three months
from the filing of any such lien which remains unpaid, the code enforcement board
may authorize the attorney to foreclose on the lien. No lien created pursuant to the
provisions of this division may be foreclosed on real property which is a homestead
under Section 4, Art. X of the State Constitution.
SECTION 4: Section 2-181, Notices of the Code of the City of Sanford shall be amended
to read as follows:
Section 2-181. Notices.
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(1) All notices required by this section shall be provided to the alleged
violator by certified mail, return receipt requested, provided if such notice is sent
under this method to the owner of the property in question at the address listed in the
tax collector' s office for tax notices, and at any other address provided to the local
government by such owner and is returned as unclaimed or refused, notice may be
provided by posting as described in subparagraphs 2(d) and by first class mail directed
to the addresses furnished to the local government with a properly executed proof of
mailing or affidavit confirming the first class mailing; by hand delivery by the sheriff
or law enforcement officer, code inspector, or other person designated by the city
commission; or by leaving the notice at the violator' s usual place of residence with
any person residing therein who is above 15 years of age and informing such person
of the contents of the notice. In the case of commercial premises, leaving the notice
with the manager or other person in charge.
(2) In addition to providing notice as set forth in subsection (1) of this
section, at the option of the code enforcement board, notice may also be served by
publication, as follows:
(a) 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 the county where the code enforcement board is located. The
newspaper shall meet such requirements as are prescribed under Chapter 50, Florida
Statutes, for legal and official advertisements.
(b) Proof of publication shall be made as provided in Sections
50.041 and 50.051, Florida Statutes.
(c) Notice by publication may run concurrently with, or may
follow, an attempt to provide notice by hand delivery or by mail as required under
subsection (1) of this section.
(d) In lieu of publication as described in sub section (b) of this
section, the notice may be posted for at least ten days prior to the heating or prior to
the expiration of any deadline contained in the notice in at least two locations, one of
which shall be property upon which the violation is alleged to exist and the other of
which shall be at the city hall. Proof of posting shall be by aftdavit of the person
posting the notice, which affidavit shall include a copy of the notice posted and the
date and places of its posting.
(3) Evidence that an attempt has been made to hand deliver or mail notice
as provided in subsection (1) together with proof of publication as provided in
subsection (2) or posting as provided in subsection (2) shall be sufficient to show that
Ordinance No. 353 1
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the notice requirement of this section has been met, without regard to whether or not
the alleged violator actually received the notice.
SECTION 5: The provisions of this Ordinance are declared to be severable and if any
section, sentence, clause or phrase of this Ordinance shall for any reason be held invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses or phrases of this Ordinance, but they shall remain in effect, it being the legislative intent that
this Ordinance shall stand notwithstanding the invalidity of any part.
SECTION 6: That all ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
SECTION 7: That this Ordinance shall become effective immediately upon its passage and
adoption.
PASSED and ADOPTED thisS:~Z~ day of o719~y o~~~
ATTEST:
As the City Commission of the
City of Sanford, Florida
Ordinance No. 3 53 1
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CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true
of Sa~ord, Florida
I:~NAIlxFILESx2000~Sanford\OrdinancesX3531 CEB.wpd
Ordinance No. 353 1
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