3947ORDINANCE NO. 3947
AN ORDINANCE OF THE CITY OF SANFORD,
FLORIDA, PERTAINING TO CHRONIC NUISANCE
PREMISES; PROVIDING FOR A SHORT TITLE;
PROVIDING FOR FINDINGS; PROVIDING FOR
LEGISLATIVE FINDINGS AND INTENT; PROVIDING
FOR DEFINITIONS; PROVIDING FOR PROCEDURES;
PROVIDING FOR FEES; PROVIDING FOR THE
FILING OF LIENS; PROVIDING FOR APPEALS;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR
LOCAL REPRESENTATION DESIGNATION FOR
RESIDENTIAL RENTAL PROPERTIES OWNED BY
ABSENTEE OWNERS; PROVIDING FOR
INSPECTIONS; PROVIDING FOR REPORTS AND
ASMINISTRATIVE RULES; PROVIDING FOR
CODIFICATION, SEVERABILITY, CONFLICTS,
PENALTIES AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sanford desires to ensure that the
citizens of the City enjoy a high quality of life and may peacefully enjoy the beauty of the City;
and
WHEREAS, by taking every reasonable action available under law to remediate and
prevent nuisances, the City Commission can protect the citizens of the City of Sanford and
facilitate the peaceful and harmonious lifestyle provided by the City; and
WHEREAS, by enacting this Ordinance, the City Commission is taking action to
advance the public interest, accomplishing a public purpose, and protecting the public health,
safety, morals and welfare; and
WHEREAS, the City of Sanford Police Department has made a comprehensive review
of the demands for law enforcement services and has found that certain residences, apartments,
hotels and businesses constitutes the vast majority of the police calls in the City of Sanford; and
WHEREAS, law enforcement services provided by the City of Sanford police
Department do not include provisions of security services to individual properties for the purpose
of maintaining orderly conduct of persons upon the property; and
WHEREAS, the City of Sanford Police Department's review revealed numerous
properties where conditions created or permitted by those responsible for control of the
properties resulted in various forms of disruptive, disturbing, disorderly, dangerous, delinquent,
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unhealthy, immoral and illegal activities by those who were invitees, licensees and trespassers;
and
WHEREAS, such activities resulted in responses to the properties for activities that
could be readily prevented or ameliorated by those responsible for the properties by use of
commonly accepted and followed practices of most businesses and residences in the community;
and
WHEREAS, on some properties obvious and essential control measures such as private
security guard services were not provided, and there was a frequent failure to prohibit nuisance
violations such as, but not limited to, underage under -age consumption of alcoholic beverages,
drunkenness, over - occupancy of apartments, motel rooms and bars, admission of trespassers,
lewd performances, excessive sounds, illegal parking and provocative; and
WHEREAS, the properties at which such frequent irresponsible activities were occurring
were sometimes engaged in businesses producing a substantial volume of revenue; and
WHEREAS, every location that consumes excessive levels of law enforcement services
deprives every other property of the City of Sanford of crime prevention, suppression and
detection services of the City of Sanford Police Department by requiring an inordinate demand
for such law enforcement services; and
WHEREAS, every location that consumes excessive law enforcement services places an
unfairly disproportionate burden for the funding of the City of Sanford Police Department on
the owners of other properties and other taxpayers of the City of Sanford; and
WHEREAS, Section 166.201, Florida Statutes, provides that:
"A municipality may raise, by taxation and licenses authorized by the constitution, or
general law, or by user charges or fees authorized by ordinance, amounts of money which
are necessary for the conduct of municipal government and may enforce their receipt and
collection in the manner prescribed by ordinance not inconsistent with law "; and
WHEREAS, in City of Daytona Beach Shores v. State, 483 So. 2d 405 (Fla. 1985), the
Florida Supreme Court upheld a user charge enacted by ordinance pursuant to a state statute that
imposed the charge for the "... increase in cost of providing police protection ... to the
increasing members of the general public ... "; and
WHEREAS, the City of Sanford desires to provide law enforcement services at a
reasonable, adequate, prioritized level as a general government service while also reasonably
determining which properties require an inordinate demand for such services, and
WHEREAS, the City Commission of the City of Sanford desires to institute a user
charge /service fee for properties consuming excessive law enforcement responses and services in
order to generate revenues for the payment for the provision of such services and to motivate
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those responsible for the activities upon such properties to take appropriate measures to reduce or
eliminate such excessive consumption of law enforcement services; and
WHEREAS, the City Commission of the City of Sanford hereby finds and concludes
that the fees set forth in this Ordinance are reasonable and appropriate and reasonably address
the costs of the governmental services for which the fees will be assessed; and
WHEREAS, the Florida Building Code incorporates building, electric, plumbing,
mechanical, administrative, accessibility, energy, coastal, manufactured, and state agency codes;
and
WHEREAS, the Legislature of the State of Florida has mandated that the City use the
Florida Building Code as the local building code applicable in the City subject to potential local
amendments; and
WHEREAS, the Florida Building Code has adopted many codes by reference and
incorporation into the Florida Building Code; and
WHEREAS, the provisions of the Florida Building Code apply to both owner - occupied
residential and rental residential properties; and
WHEREAS, the codes and ordinance of the City of Sanford apply to both owner -
occupied residential and rental residential properties; and
WHEREAS, experience arising from the code enforcement activities of the City of
Sanford has shown that it is oftentimes more difficult to engage in code enforcement processes
with regard to rented residential properties as opposed to owner- occupied residential properties;
WHEREAS, the City Commission of the City of Sanford has determined and concluded
that a great part of the difficulties involved in enforcing the City's codes and ordinances with
regard to residential rental properties relates to the situations which arise due to absentee owners
and the fact that absentee owners all too often do not have a local contact or representative to
respond when the City initiates code enforcement activities; and
WHEREAS, the City Commission of the City of Sanford has determined and concluded
that it is advisable to provide for a system of mandatory absentee owner representation by a
designated local representative which system would operate in conjunction with the payment of
occupational license taxes for residential rental properties; and
WHEREAS, the City Commission of the City of Sanford has determined and concluded
that the existing codes and ordinances of the City of Sanford provide for a system whereby the
owners of residential rental properties are required to acknowledge that they must meet certain
minimum standard housing requirements in order to protect the public health, safety, and welfare
and that the provisions of this Ordinance further and advance the goals and purposes of existing
City of Sanford codes and ordinances; and
WHEREAS, this Ordinance is enacted pursuant to the home rule powers of the City of
Sanford as set forth at Article VIII, Section 2 of the Constitution of the State of Florida, Chapter
166, Florida Statutes, and other applicable controlling law.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1. SHORT TITLE: This ordinance shall be known as "The User Charge
for Excess Public Services Ordinance ".
SECTION 2. LEGISLATIVE FINDINGS AND INTENT:
(a). The City Commission of the City of Sanford finds that any premises that has
generated more than the calls for police service or code enforcement responses for Nuisance
Activities found in Section 4, (Monthly Allowance), has received more than the level of general
and adequate police service and code enforcement activity and has placed an undue and
inappropriate burden on the taxpayers of the City of Sanford. The City Commission of the City
of Sanford, therefore, directs the City Manager, or designee, to charge the owners of such
premises at which nuisance activities chronically occur.
(b). The above recitals are hereby adopted as legislative findings.
(c). It is the intent of the City Commission of the City of Sanford to encourage the
appropriate management of residential rental properties, to ensure that rental properties are
maintained in a high - quality manner as required of all residential properties and to ensure that
residential rental properties are maintained with the care necessary to ensure code compliance as
evident in the vast majority of owner- occupied residences located within the City of Sanford.
(d). The recitals to this Ordinance (whereas clauses) constitute additional legislative
intent and findings of the City Commission of the City of Sanford relative to the enactment of
this Ordinance.
SECTION 3. DEFINTIONS: As used in this Ordinance, the following terms shall have
the following meanings, unless the context clearly indicates that a different meaning is intended
and the definitions set forth at Section 509.242, Florida Statutes, and Section 320.01(2)(b),
Florida Statutes, shall apply to the interpretation of Section 10 of this Ordinance as shall the
terms defined otherwise in the land development regulations of the City:
ABSENTEE OWNER: An owner of residential rental property who does not live within
the jurisdictional limits of Seminole County, Florida and counties abutting Seminole
County.
CITY: The City of Sanford, Florida.
CONSUMPTION OF LAW ENFORCEMENT SERVICES: The presence of one
(1) or more certified law enforcement officer(s) or code enforcement officer(s) employed by the
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City on a unit of real property in response to an activity or condition existing or alleged to be
existing upon the property resulting from a response other than at the convenience of the City of
Sanford Police Department or the City of Sanford Code Enforcement office. The presence may
be caused by request of any person upon the property or information developed by the City of
Sanford Police Department or the City of Sanford Code Enforcement office from any source
warranting a response to the property. Excluded from this definition are courtesy inspections,
criminal investigations of matters not arising from or connected with the property and paid off -
duty details of police officers.
INCIDENT OF SERVICE: Each time one (1) or more City of Sanford police
officer(s) or City of Sanford code enforcement officer(s) commences and completes a response
to an identifiable unit of property as recorded by the Seminole County Sheriff s Communication
Center's computer aided dispatch system or a written report of a police officer or code
enforcement officer which sets forth the time the officers were present upon the property.
Responses caused by false reports of Nuisance Activity initiated by third parties with the intent
of harassing the unit of property, or for criminal activity that commences elsewhere and
subsequently comes upon a unit of property despite reasonable efforts of persons responsible for
the unit of property to exclude it, will not constitute an incident of service.
UNIT OF REAL PROPERTY: Any contiguous land within the City of Sanford
which are under common ownership or are devoted to a single use, whichever is greater.
Common ownership shall include all entities from which the same natural or fictitious person or
people have ultimate benefit. Contiguous land shall include those separated by easements,
sidewalks, alleys, right -of -ways and water bodies.
MONTHLY PERIOD: Any consecutive thirty (30) day period.
NUISANCE ACTIVITY: Any activity, behavior or conduct whenever engaged in by
premises owners, operators, occupants or persons associated with a premises that could be
enforced by means of a proceeding before City's Code Enforcement Board, through citation as
set forth in this Code, through nuisance abatement, or relating to any actions or offenses relating
to the following subject matter:
(1). Fire arms and weapons;
(2). False alarms;
(3). Harassment of a neighbor, disorderly conduct, or disturbing the peace;
(4). Battery, substantial battery or aggravated battery;
(5). Indecent exposure;
(6). Keeping a place of prostitution, or otherwise using the premises for the
purpose of prostitution;
(7). Littering, solid waste or public health;
(8). Arson;
(9). Possession, manufacture or delivery of a controlled or illegal substance or
related offenses,
(10). Gambling;
(11). Animal or fowl;
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(12). Trespass to land or criminal trespass to a dwelling;
(13). Production or creation of excessive noise or vibration;
(14). Loitering,
(15). Public drinking and other matters relating to alcoholic beverages;
(16). Intoxicating beverages;
(17). Un- permitted or illegal business;
(18). Selling or giving away tobacco products to underage persons;
(19). Illegal sale, discharge and use of fireworks;
(20). Junk vehicles;
(21). Action deemed a nuisance under State law;
(22). Any action that is a violation of this Code which could be enforced by the
provisions of this Code implementing the provisions of Chapter 162,
Florida Statutes;
(23). Act of aiding and abetting of the activities, behaviors or conduct
enumerated in this Ordinance,
(24). Conspiracy to commit or attempt to commit any of the activities,
behaviors or conduct enumerated in this Ordinance.
PERSON ASSOCIATED WITH: means any person who, whenever engaged in a
Nuisance Activity, enters, patronizes, visits or attempts to enter, patronize or visit, or waits to
enter, patronize or visit, a premises or person present on a premises including, but not limited to,
any officer, director, customer, agent, employee or independent contractor of a premises owner.
SECTION 4. MONTHLY ALLOWANCE OF SERVICES/ USER
CHARGES /SERVICE FEES IMPOSED:
(a). The City Commission of the City of Sanford has determined that the following
number of service calls is a reasonable and permittable number of nuisance activities calls for
City law enforcement and/or code enforcement personnel to respond to on a monthly basis:
TYPE OF PROPERTY
Single family residence or duplex
Multi- family residences, including
Apartments/hotels/motels
Businesses
THIRTY (30) DAY PERIOD ALLOWANCE
3 calls
3 calls
3 calls
(b). The City Commission of the City of Sanford has determined that nuisance activity
calls in excess of the monthly allowance of nuisance activity calls as set forth in this Ordinance
shall be subject to a reasonable user charge /service fee as set forth in this Section.
(c). No user fee shall be charged for the first three (3) calls for service pertaining to a
nuisance activity in a thirty (30) day period.
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(d). The fourth call for service pertaining to a nuisance activity in a thirty (30) day
period shall result in a $250.00 service fee being charged to the owner of the property on which
the nuisance activity has occurred.
(e). The fifth call for service pertaining to a nuisance activity in a thirty (30) day
period, and every call thereafter within said thirty (30) day period, shall result in a $500.00
service fee being charged to the owner of the property on which the nuisance activity has
occurred.
SECTION 5. NOTIFICATION OF THE NUISANCE ACTIVITY
PROCEDURES:
(a). Whenever the City Manager, or his or her designee, determines that more than the
monthly allowed services for Nuisance Activities could occur or have occurred at a premises
during a thirty (30) day period, the City Manager, or his or her designee, may notify the premises
owner and the person causing the Nuisance Activity, if they reside at the premises and is not the
owner, in writing, that the premises is in danger of becoming or has became a chronic nuisance.
This notice shall be deemed to be properly delivered if sent either by certified U.S. Mail, return
receipt requested, to the premises owner's last known address or if delivered in person to the
premises owner. If the premises owner cannot be located, the notice shall be deemed to be
properly served on any person as may be permitted by Chapter 48, Florida Statutes. If a current
address cannot be located, it shall be deemed sufficient if a copy of the notice is sent by certified
U.S. Mail, return receipt requested, to the last known address of the owner as identified by the
records of the Seminole County Property Appraiser. Additionally, the notice may be perfected, if
posted or published in accordance with the provisions of Section 162.12, Florida Statutes, or its
successor provision. The notice shall contain:
(1). The street address or legal description sufficient for identification of the premises
which shall be sufficient if the tax parcel identification number assigned by the Seminole County
Property Appraiser is used;
(2). A description of the Nuisance Activities that have occurred at the premises and a
statement indicating that a service fee will be or is being assessed against the owner of the
premises;
(3). A notice of the premises owner's right to appeal pursuant to this Ordinance;
(4). A statement that the premises owner shall, within ten (10) days of the date of the
notice, respond to the City Manager, or his or her designee, either in person or writing, with a
request for an appeal.
SECTION 6. FILING OF LIENS: The City may file a notice of lien in the
Public Records of Seminole County with regard to the costs of the City incurred pursuant to this
Ordinance. Upon failure of the premises owner to pay the costs incurred by the City, after a
demand for payment being made by the City, the lien may be recorded.
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SECTION 7. UTILITY SERVICES: Should the City determine that the use of
City water and/or wastewater utility services facilitates, contributes to or exacerbates a Nuisance
Activity, the City may, consistent with any controlling provisions of Florida law, terminate the
provision of such utility services to the property on which the Nuisance Activity is occurring.
SECTION 8. EXEMPTIONS:
(a). A property owner may apply for and be exempt from assessment of the user
chargelservice fee assessed in this Ordinance and the provisions of Sections 4, 5, 6 and 7 of this
Ordinance by accomplishing the actions required in Subsection 8(b).
(b). The following property owners shall be exempt from assessment of the user
charge /service fee assessed in this Ordinance and the provisions of Section 4, 5, 6 and 7 of this
Ordinance upon approval by the City Manager:
(1). Multi- family residences, apartments, hotels, motels and businesses who employ
off duty law enforcement officers who provide for additional security for their premises.
(2). Multi - family residences, apartments, hotels and motels which provide for a law
enforcement officer to live on the premises in order to provide for additional security for their
premises.
SECTION 9. APPEALS: Determinations of the City Manager shall be final; provided,
however, that if the City adopts a hearing officer /special magistrate system, an appeal may be
filed with the hearing officer /special magistrate whose decision shall be final. An appeal must be
filed within ten (10) calendar days from the date of the decision appealed.
SECTION 10. LOCAL REPRESENTATION DESIGNATION FOR
RESIDENTIAL RENTAL PROPERTIES OWNED BY ABSENTEE
OWNERS/INSPECTIONS.
(a). This Section of this Ordinance shall be applicable to the rental of residential
properties, but shall not apply to hotels, motels, rooming houses, resort dwellings, and bed and
breakfast inn.
(b). In the event that an owner of residential rental property is an absentee owner, the
said absentee owner shall provide the name, address and telephone number(s) and other available
contact information pertaining to an authorized local designated representative who conducts
business within Seminole County, Florida and any county abutting Seminole County. Said local
representative shall be appointed in accordance with this Ordinance within sixty (60) days of the
effective date of this Ordinance.
(c)_ Each local designated representative of an absentee owner shall maintain a current
working local telephone number and current local address, not a public or private post office
box, and provide notification thereof of any changes of address, physical location and/or
telephone number to the City within thirty (30) days of the change.
(d). In the event of any code enforcement action being taken relative to the residential
rental property, in addition to any notices as required by State law, the local designated
representative shall also be notified; provided, however, that failure to provide such notice shall
not preclude the enforcement of the City's Codes and ordinances by the City's Code
Enforcement Board if the notice requirements of Chapter 162, Florida Statutes, have been meet.
(e). The designation of a local designated representative shall be deemed to act as
authorization for the representative to make statements on behalf of the owner during the course
of any code enforcement proceeding if the representative is not precluded from so acting under
the provisions of controlling Florida law.
(f). Upon designation of a local representative either the absentee owner or the local
designated representative shall pay a fee as established by resolution adopted by the City
Commission.
(g). External inspections of rental residential properties subject to this Ordinance shall
occur based upon complaints, or as initiated by code inspectors.
(h). Internal inspections by the City shall occur based upon complaints or as initiated
by code inspectors to ensure that such properties are in compliance with the provisions of all
applicable codes and ordinances; provided, however, that this provision shall not be interpreted
as authorizing the City to conduct inspections of properties without the consent of the owner or
occupant or without an administrative inspection warrant.
SECTION 11. REPORTS /ADMINISTRATIVE RULES:
(a). The City Manager, in conjunction with the City Police Chief, shall provide an
annual report to the City Commission apprising the City Commission of the success of the
programs set forth in this Ordinance and any matters relating thereto.
(b)_ The City Manager is hereby authorized to promulgate administrative rules to
implement the provisions of this Ordinance to include, but not be limited to, the assessment of
fees for applications and appeals as set forth in this Ordinance. Rules adopted by the City
Manager shall be provided to the City Commission upon adoption.
SECTION 12. CODIFICATION: It is the intention of the City Commission, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Sanford, Florida (City Code); that the Sections of this
Ordinance may be renumbered or re- lettered to accomplish such intention; that the word,
"Ordinance," may be charged to "Section," "Article," or other appropriate word; provided,
however, that Sections 12, 13, 14, 15 and 16 shall not be codified.
SECTION 13. SEVERABILITY: If any section or portion of a section of this
Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the
validity, force or effect of any other section or part of this Ordinance.
SECTION 14. CONFLICTS: All ordinances or parts of ordinances in conflict with
this Ordinance are hereby revoked.
SECTION 15. PENALTIES: The City may impose any penalty authorized by
State law and seek any legal remedy available to the City under State law; provided, however,
that the penalty of incarceration shall not be imposed. The City may pursue any legal remedy
available to the City in order to enforce its codes and ordinances. Additionally, the City may
pursue nuisance abatement in accordance with the provisions of Chapter 60, Florida Statutes.
SECTION 16. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon passage and adoption.
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PASSED and ADOPTED this -� day of ,(�� , 2005.
Attest.
City Commission of the
City of Sanford, Florida
Lind Kuhn, Mayo
C� a, P j- h (' � 4jc? 4j-,
anet R. Doughe , City Cle k
CERTIFICATE
I, Janet R. Daugherty, City Clerk of the City of Sanford_ , Florida, do hereby certify that a
true and correct copy of the foregoing Ordinance No.,jqz PASSED AND OPTED
by he City Commission of the City of Sanford, Florida, on the c�day of
Q�t 2005, was oste at the front door of the City Hall in the City of Sanford,
Flo Ada, on he day of
' 2005.
Caw �'
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