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1617 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 -2- 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 -3- 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. -4- 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 -5- 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 -6- 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, ~