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"Code inspector" means any authorized
agent or employee of the city who has been
designated by the city manager to ensure code
compliance.
"Enforcement board" means the code
enforcement board.
"Repeat violation" means a violation of
a provision of a code or ordinance by a
person whom the code enforcement board has
previously found to have violated the same
provision within 5 years prior to the
violation.
SECTION 3: Section 2-174, Organization, of the Code of
the City of Sanford shall be amended to read as follows:
Section 2-174. Organization.
(a) Members; qualifications. The city
commission shall appoint a seven-member code
enforcement board. Members of the
enforcement board shall be residents of the
city and shall be made on the basis of
experience or interst in the subject matter
jurisidction of the code enforcement board.
The membership of the enforcement board
shall, whenever possible, include an
architect, a businessman, an engineer, a
general contractor, a subcontractor and a
realtor.
(b) Appointments; vacancies. The
initial appointments to the enforcement board
shall be as follows:
(1) Two (2) members appointed for a
term of one year.
(2) Three (3) members appointed for a
term of two (2) years.
(3) Two (2) members appointed for a
term of three (3) years.
Thereafter, all appointments shall be
made for a term of three (3) years. A member
may be reappointed 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.
If any member 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.
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OrdinanSe N6. 2062
The City Commission may appoint up to
two alternate members to the code enforcement
board to serve on the board in the absence of
board members.
(c) Chairman; quorum; compensation.
The members of the enforcement board shall
elect a chairman, who shall be a voting
member, from among its members. The presence
of four (4) or more members shall constitute
a quorum of the enforcement 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 provided by
law.
(d) Counsel. The city attorney is
hereby designated as counsel to the code
enforcement board.
(e) Authority to appoint special
counsel to the city. 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.
SECTION 4: Section 27175, Enforcement procedure, of
the Code of the City of Sanford shall be amended to read as
follows:
Sec. 2-175. Enforcement procedure.
(a) It shall be the duty of the code
inspector to initiate enforcement proceedings
of the various codes and ordinances; however,
no member of the board shall have the power
to initiate such enforcement proceedings.
(b) Except as provided in subsection
(c) and (d), if a violation of a code
ordinance is found, the code inspector shall
notify the violator and give him a reasonable
time to correct the violation. In the event
the violation continues beyond the time
specified for correction, the code inspector
shall notify the enforcement board and
request a hearing. The code enforcement
board, through its clerical staff, shall
schedule a hearing, and written notice of
such hearing shall be hand delivered or
mailed as provided in Section 2-181 to said
violator. At the option of the code
enforcement board, notice may additionally be
served by publication as provided in Section
2-181. 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 presented to the enforcement board
even if the violation has been corrected
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Ordinan6~ N6. 2062
prior to the board hearing, 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-
181. The case may be presented to th~
enforcement board even if the repeat
violation has been corrected prior to the
board hearing, and the notice shall so state.
(d) If the code inspector has reason to
believe a 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 a reasonable effort to notify the
violator and may immediately notify the
enforcement board and request a hearing.
SECTION 5: Section 2-176, Conduct of hearing, of the
Code of the City of Sanford is hereby amended to read as follows:
Sec. 2-176. Conduct of hearing.
(1) Upon request of the code inspector,
or at such other times as may be necessary,
the chairman of the enforcement board may
schedule a hearing of the enforcement board;
hearings may also be called by written
notice, signed by at least three (3) members
of the enforcement board. The board shall
meet at least anually, for the purpose of
electing a chairman. Minutes shall be kept
of all hearings, and all hearing 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
presented 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.
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(4) At the conclusion of the hearing,
the enforcement board shall issue findings of
fact, based on evidence 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. The
order may include a notice that it must be
complied with by a specified date and that a
fine may be imposed if the order is not
complied with by said date. A certified copy
of such order may be recorded in the public
records of Seminole County and shall
constitute notice to any subsequent
purchasers, successors in interest, or
assigns if the violation concerns real
property, and the findings therein shall be
binding upon the violator and, if the
violation concerns real property, any
subsequent purchasers, successors in
interest, or assigns. If an order is
recorded in the public records pursuant to
this subsection and the order is complied
with by the date specified in the order, the
enforcement board shall issue an order
acknowledging compliance that shall be
recorded in the public records. A hearing is
not required to issue such an order
acknowledging compliance.
SECTION 6: Section 2-177, Powers of Enforcement Board,
of the Code of the City of Sanford shall be amended to read as
follows:
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, to its hearings.
(4) Take testimony under oath.
(5) Issue orders having the force of
law to command whatever steps are necessary
to bring a violation into compliance.
SECTION 7: Section 2-178, Fines, of the Code of the
City of Sanford shall be amended to read as follows:
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Ordinan6a N6. 2062
Sec. 2-178. Administrative fines; liens.
(1) The enforcement board, upon
notification by the code inspector that an
order of the enforcement 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 enforcement board for
compliance or, in the case of a repeat
violation, for each day the repeat violation
continues past the date of notice to the
violator of the repeat violation. If a
finding of a violation or a repeat violation
has been made as provided in this Article, a
hearing shall not be necessary for issuance
of the order imposing the fine.
(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.
(b) In determining the amount of
the fine, if any, the enforcement board shall
consider the following factors:
1. The gravity of the violation;
2. Any actions taken by the
violator to correct the violation; and
3. Any previous violations
committed by the violator.
(c) The enforcement board may
reduce a fine imposed pursuant to this
section.
(3) A certified copy of an order
imposing a fine may be recorded in the public
records of Seminole 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. Upon petition to the circuit
court, such 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. After
3 months from the filing of any such lien
which remains unpaid, the enforcement board
may authorize the attorney to foreclose on
the lien. No lien created pursuant to the
provisions of this part may be foreclosed on
real property which is a homestead under
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Ordinan~ NO. 2062
Section 4, Art. X of the State Constitution.
SECTION 8: Section 2-179, Duration of lien, of the
Code of the City of Sanford is hereby amended to read as follows:
Sec. 2-179. Duration of lien.
No lien provided under the Local
Government Code Enforcement Boards Act shall
continue for a period longer than 20 years
after the certified copy of an order imposing
a fine has been recorded, unless within that
time an action to foreclose on the lien is
commenced in a court of competent
jurisdiction. In an action to foreclose on a
lien, the prevailing party is entitled to
recover all costs, including a reasonable
attorney's fee, that it incurs in the
foreclosure. 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.
SECTION 9: Section 2-180, Appeal of the Code of the
City of Sanford is hereby amended to read as follows:
Sec. 2-180. Appeal.
An aggrieved party, including the City,
may appeal a final administrative order of
the enforcement board to the circuit court.
Such an appeal shall not be a hearing de novo
but shall be limited to appellate review of
the record created before the enforcement
board. An appeal shall be filed within 30
days of the execution of the order to be
appealed.
SECTION 10: Section 2-181, Notices, of the Code of the
City of Sanford shall be amended to read as follows:
Sec. 2-181. Notices.
(1) All notices required by this
section shall be provided to the alleged
violator by certified mail, return receipt
requested; by hand delivery by the sheriff or
other law enforcement officer, code
inspector, or other person designated by the
local governing body; 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.
(2) In addition to providing notice as
set forth in subsection (1), at the option of
the code enforcement board, notice may also
be served by publication, as follows:
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Ordinan6a ~0. 2062
(a) Such notice shall be published
once during each week for 4 consecutive weeks
(four 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, F.S., for legal and official
advertisements.
(b) Proof of publication shall be
made as provided in s. 50.041 and 50.051,
F.S.
(c) 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 (1).
(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), shall be sufficient to show
that the notice requirement of this section
have been met, without regard to whether or
not the alleged violator actually received
such notice.
SECTION 11: Section 2-182 of the Code of the City of
Sanford is hereby created to read as follows:
Sec. 2-182. Provisions of Act Supplemental.
It is the legislative intent of the City
to provide an additional or supplemental
means of obtaining compliance with local
codes. Nothing contained in Section 2-171
through Section 2-182 shall prohibit the City
from enforcing it~ codes by any other means.
SECTION 12: 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 13: That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby revoked.
SECTION 14: That this ordinance shall become effective
immediately upon its passage and adoption.
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Ordinan6a N6. 2062
PASSED AND ADOPTED this 9th day of October ·
A.D. 1989.
he City omm~sslon o the
City of Sanford, Florida.
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Ordinan~ ~6. 2062