HomeMy WebLinkAbout1617 ORDINANCE NO. 1617
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ARTICLE XI, SECTIONS 2-171 THROUGH 2-180
OF THE SANFORD CITY CODE, AS AMENDED, TO COMPLY
WITH THE PROVISIONS OF CHAPTER 82-37, LAWS OF
FLORIDA, ADOPTED BY THE 1982 LEGISLATIVE SESSION
TO PROVIDE FOR A "LOCAL GOVERNMENT" CODE ENFORCE-
MENT BOARD; DEFINING ITS INTENT; PROVIDING FOR
SEVEN MEMBERS AND THEIR TEt~IS OF OFFICE; PROVIDING
FOR THE CONDUCT OF HEARINGS; FINES OF UP TO $250.00
PER DAY WHICH BECOME LIENS AGAINST REAL OR PERSONAL
PROPERTY FOR A DURATION OF TWO YEARS; PROVIDING FOR
SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE.
WHEREAS, the 1982 session of the Legislature adopted
Chapter 82-37 amending the laws providing for municipal code
enforcement boards; and
WHEREAS, the City of Sanford, Florida, desires to
bring its Code Enforcement Board into compliance with the
provisions of that act.
NOW, THEREFORE BE IT ENACTED BY THE PEOPLE OF THE CITY
OF SANFORD, FLORIDA.
SECTION 1: That Sec. 2-171 thru 2-180, The Code of
the City of Sanford, Florida, be and the same is hereby amended
to read as follows:
Sec. 2-171. Short Title -
This Ordinance shall be known and cited as the
"Local Government Code Enforcement Board Ordinance."
Sec. 2-172. Intent -
It is the intent of this Ordinance to promote,
protect, and improve the health, safety, and welfare of the
citizens of the City of Sanford, Florida, by authorizing the
creation of administrative boards to provide an equitable,
expeditious, effective and inexpensive method of enforcing the
technical codes in force in municipalities, including, but not
limited to, occupational license, fire, building, zoning and
sign codes.
Sec. 2-173. Definitions ~
1. "Code Inspector" means any authorized agent
or employee of the City of Sanford, Florida, who has been
designated by the City Manager to ensure code compliance.
2. "City Attorney" means the legal counselor
for the City of Sanford, Florida.
3. "Enforcement Board" means the Code Enforce-
ment Board.
Sec. 2-174. Code Enforcement Board -
1. The City Comnlission shall appoint a seven
(7) member code enforcement board. Members of the enforcement
board shall be residents of the City of Sanford, Florida, and
shall be made On the basis of experience or interest in the
fields of zoning and building control. The membership of the
enforcement board shall, whenever possible, include an archi-
tect, a businessman, an engineer, a general contractor, a
subcontractor, and a realtor.
2. The initial appointments to the enforcement
board shall be as follows:
a. Two members appointed for a term
of one year.
boThree members appointed for a term
of two years.
c. Two members appointed for a term
of three years.
Thereafter, all appointments shall be made
for a term of three (3) years. Any member may be reappointed
for one successive term upon approval of the City Commission.
Appointments to fill any vacancy on the enforcement board shall
be for the remainder of the unexpired term of office. Any
member who fails to attend two of three successive meetings
without cause and without prior approval of the chairman, the
board shall declare the member's office vacant and the City
Commission shall promptly fill such vacancy. The members shall
serve in accordance with the ordinances of the City and may be
suspended and removed for cause as provided in the ordinances
for removal of members of city boards or as otherwise provided
by law.
3. The members of the enforcement board shall
elect a chairman from among its members. The presence of four
or more members shall constitute a quorum of the enforcement
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board. Members shall serve without compensation, but may be
reimbursed for such travel, mileage, and per diem expenses as
may be authorized by the City Commission or as otherwise pro-
vided by law.
4. The City Attorney is hereby designated as
counsel to the code enforcement board, and shall serve in an
advisory capacity to said board.
5. In the event that an alleged violator is
represented by legal counsel, the City Commission shall, in its
discretion, have authority to appoint special legal counsel to
represent the City in such proceeding.
Sec. 2-175. Enforcement Procedure
1. It shall be the duty of the code inspector
to initiate enforcement proceedings of the various codes;
provided, however, that no member of the board shall have the
power to initiate such enforcement proceedings.
2. Except as provided in sub-section 3., if a
violation of a code is found, the code inspector shall notify
the violator in writing, specifying the nature of the violation,
and shall further give reasonable time to correct such viola-
tion. In the event the violation continues beyond the specified
time, the code inspector shall notify the enforcement board and
request a hearing, pursuant to the procedure set forth in
Section 6.
3. If the code inspector has reason to believe
that a violation presents a serious threat to the public health,
safety, and welfare, the code inspector may proceed directly to
the procedure in Section 6 without notifying the violator.
Sec. 2-176. Conduct of Hearing-
1. Upon receiving written notice of a viola-
tion, the chairman of the enforcement boar~ may schedule a
hearing on such violation, and hearings may also be called by
written notice, signed by at least three (3) members of the
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enforcement board. Written notice of such hearing shall be
mailed to the alleged violator and such notice shall state an
exact date, time, and place for such hearing, and shall further
give at least ten (10) days notice of such hearing. The board
shall attempt to meet no less frequently then once every two (2)
months and shall meet from time to time as may be necessary, but
shall meet at least annually, for the purpose of electing a
ctlairman and adopting such rules and regulations as may be
necessary to conduct the business of the board. Minutes shall
be kept of all hearings, and all hearings and proceedings shall
be open to the public. The City Commission shall provide
clerical and administrative personnel as may be reasonably
required by the board for the proper performance of its duties.
2. Each case before the board shall be pre-
sented by the code inspector designated by the City Manager,
unless special legal counsel has been appointed by the City
Commission for the prosecution of a particular violation.
3. The enforcement board shall proceed to hear
the cases on the agenda for the day. All testimony shall be
under oath and shall be recorded. The enforcement board shall
take testimony from the code inspector and alleged violator.
Formal rules of evidence shall not apply, but fundamental due
process shall be observed and govern said proceedings.
4. At the conclusion of the hearing, the
enforcement board shall issue findings of fact, based on evi-
dence of record and conclusions of law, and shall issue an order
affording the proper relief consistent with powers granted
herein. The finding shall be by motion approved by a majority
of those present and voting, except that at least four (4)
members of the enforcement board must vote for the action to be
official.
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Sec. 2-177. Powers of Enforcement Board -
The enforcement board shall have the power to:
1. Adopt rules for the conduct of its hearings.
2. Subpoena alleged violators and witnesses to
its hearings. Subpoenas may be served by the sheriff of the
county or police department of the municipality.
3. Subpoena evidence.
4. Take testimony under oath.
5. Issue orders having the force of law com-
manding whatever steps are necessary to bring a violation into
compliance.
Sec. 2-178. Fines
The enforcement board, upon notification by the
code inspector that a previous order of the enforcement board
has not been complied with by the set time, may order the
violator to pay a fine not to exceed $250.00 for each day the
violation continues past the date set for compliance. A certi-
fied copy of an order imposing a fine may be recorded in the
public records, and thereafter, shall constitute a lien against
the land on which the violation exists or, if the violator does
not own the land, upon any other real or personal property owned
by the violator and may be enforced in the same manner as a
court judgment by the sheriffs of this state, including levy
against the personal property, but shall not be deemed otherwise
to be a judgment of a court except for enforcement purposes.
After one (1) year from the filing of any such lien which
remains unpaid, the enforcement board may authorize the City
Attorney to foreclose On the lien.
Sec. 2-179. Duration of Lien -
No lien provided by the Local Government Code
Enforcement Boards Act shall continue for a longer period than
two (2) years after the certified copy of an order imposing a
fine has been recorded, unless within that time an action to
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foreclose on the lien is commenced in a court of competent
jurisdiction. The continuation of the lien effected by the
commencement of the action shall not be good against creditors
or subsequent purchasers for valuable consideration without
notice, unless a notice of lis pendens is recorded.
Sec. 2-180. Appeal -
An aggrieved party, including the City, may
appeal a final administrative ruling or order of the enforcement
board to the circuit court. An appeal shall be filed within
thirty (30) days of the execution of the order to be appealed.
SECTION 2: If any section or portion of a section of
this Ordinance proves to be invalid, unlawful, or unconstitu-
tional, it shall not be held to invalidate or impair the validi-
ty, force or effect of any other section or part of this
Ordinance.
SECTION 3: All ordinances or parts of ordinances in
conflict herewith, be and the same are hereby repealed.
SECTION 4: This Ordinance shall become effective
immediately upon its passage and adoption.
PASSED and ADOPTED this 25th day of October ,
A.D. 1982.
Mayor
Attest:
slon of the
City of Sanf rd, Florida
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CERTIFICATE
I, H. N. Tamm, Jr., City Clerk of the City of Sanford,
Florida, do hereby certify that a true and correct copy of
the foregoing Ordinance No. 1617, PASSED and ADOPTED by the
City Commission of the City of Sanford, Florida, on the 25th
day of October, 1982, was POSTED at the front door of the
City Hall in the City of Sanford, Florida, on the 26th day
of October, 1982.
ICity of Sanford, ~