1841 ORDINANCE NO. 1841
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ARTICLE XI - CODE ENFORCEMENT BOARD
- OF THE SANFORD CITY CODE TO PROVIDE THE
AUTHORITY TO IMPOSE FINES AND OTHER
NONCRIMINAL PENALTIES, TO REQUIRE ATTENDANCE
OF ITS MEMBERS, TO PROVIDE FOR SCHEDULING AND
CONDUCT OF HEARINGS, TO PROVIDE PROCEDURES
FOR HANDLING REPEAT VIOLATORS, INCREASING THE
DURATION OF LIEN TO FIVE (5) YEARS, AND
ESTABLISHING PROCEDURES FOR NOTICE; PROVIDING
FOR SEVERABILITY, CONFLICTS AND EFFECTIVE
DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD,
FLORIDA, AS FOLLOWS:
SECTION 1: Section 2-172. Intent. is hereby deleted
in its entirety.
SECTION 2: Section 2-172. Intent. is hereby added to
the Sanford City Code as follows:
"Sec. 2-172. Intent. It is the intent of this article
to promote, protect,and improve the health, safety, and welfare
of the citizens of the city by authorizing the creation of
administrative boards with authority to impose administrative
fines and other noncriminal penalties 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."
SECTION 3: Section 2-174(f) is hereby added to the
Sanford City Code as follows:
"Sec. 2-174(f). Attendance. If a member misses two
out of three consecutive meetings without cause and without prior
approval of the Chairman, he shall forfeit his appointment."
SECTION 4: Section 2-175(b). Enforcement Procedure.
is hereby deleted in its entirety.
SECTION 5: Section 2-175(b). Enforcement Procedure is
hereby added to the Sanford City Code as follows:
"(b) Except as provided in subsection (c), 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 violation. In
the event the violation continues beyond the specified time, 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 this ordinance
to said violator. If the violation is corrected and then recurs,
the case shall be presented to the enforcement board even if the
violation has been corrected prior to the board hearing, and the
notice shall so state."
SECTION 6: Section 2-175(c). Enforcement Procedure.
is hereby deleted in its entirety.
SECTION 7: Section 2-175(c). Enforcement Procedure.
is hereby added to the Sanford City Code as follows:
"(c) 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 shall make a reasonable
effort to notify the violator and may immediately notify the
enforcement board and request a hearing."
SECTION 8: Section 2-176(a). Conduct of hearing. is
hereby deleted in its entirety.
SECTION 9: Section 2-176(a). Conduct of hearing. is
hereby added to the Sanford City Code as follows:
"(a) Upon request of the code inspector, or at such
other times as may be necessary, receiving written notice of a
violation, the chairman of the enforcement board may schedule a
hearing of the enforcement board on such violation, and hearings
may also be called by written notice, signed by at least three
(3) members of the enforcement board. Written notice of such
hearing shall be mailed or hand delivered 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 meet at least annually,
for the purpose of electing a chairman 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."
SECTION 10: Section 2-176(d). Conduct of hearing. is
hereby deleted in its entirety.
SECTION 11: Section 2-176(d). Conduct of hearing. is
hereby added to the Sanford City Code as follows:
"(d) 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."
SECTION 12: Section 178. Fines. is hereby deleted in
its entirety.
SECTION 13: Section 178. Fines. is hereby added to
the Sanford City Code as follows:
"Sec. 2-178. Fines. 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 the same violation has been repeated by the
same violator, may order the violator to pay a fine not to exceed
two hundred fifty dollars ($250.00) for each day the violation
continues past the date set for compliance or for each time the
violation has been repeated, and a hearing shall not be necessary
for issuance of the order. A certified 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 and 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 six (6) months of any such lien
which remains unpaid, the enforcement board may authorize the
city attorney to foreclose on the lien."
SECTION 14: Section 2-179. Duration of lien. is
hereby deleted in its entirety.
SECTION 15: Section 2-179. Duration of lien. is
hereby added to the Sanford City Code as follows:
"Sec. 2-179. Duration of lien. No lien provided by
the Local Government Code Enforcement Boards Act shall continue
for a longer period than five (5) 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. 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 16: Section 2-181. Notices. is hereby added
to the Sanford City Code as follows:
"Sac. 2-181. Notices. All notices required by this
act shall be by certified mail, return receipt requested, or by
hand delivery by the Sheriff or other law enforcement officer,
code inspector, or other person designated by the city."
SECTION 17: 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 impair the validity, force or
effect of any other section or part of this ordinance.
SECTION 18: That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby revoked.
SECTION 19: That this ordinance shall become effective
immediately upon its passage and adoption.
PASSED AND ADOPTED this 28th day of October ,
A.D. 1986.
MAYOR '
ATTEST:
CERTIFICATE
I, H. No Ta~, J~o, City Clerk of the City of San-
for~, ~lori~a, ~o hereby certify that a true an~ mo~ect
copy of the foregoing Ordinance No. 1841, PASSED an~ ~DOP~ED
by the City Co~ission of the City of Sanfor~, ~lori~a, on
the 28tb ~ay of October, 1~86, ~as POSTED at the front ~oor
of the City Hall in the City of Sanfor~, ~lori~a, on the
2~tb ~ay of October, 1~86. t~~~
- f Sanford, F