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3954 Special Magistrate/Code Enf.ORDINANCE NUMBER 3954 CITY OF SANFORD, FLORIDA AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, RELATING TO CODE ENFORCEMENT BY THE CITY; PROVIDING FOR LEGISLATIVE FINDINGS/INTENT; PROVIDING FOR A SHORT TITLE; PROVIDING FOR CODE ENFORCEMENT PROCEEDINGS AND PROCEDURES RELATING TO THE CODES AND ORDINANCES OF THE CITY; PROVIDING FOR A HEARING OFFICER/ SPECIAL MAGISTRATE CODE ENFORCEMENT PROCESS; PROVIDING FOR DEFINITIONS; PROVIDING FOR JURISDICTION AND RELATED MATTERS PERTAINING TO CODE ENFORCEMENT; PROVIDING FOR THE REPEAL OF SECTIONS 2-t71, 2-172, 2-173, 2- 174, 2-175, 2-176, 1-177, 2-178, 2-179, 2-180, 2-181, 2-182 AND 2-201 OF THE CODE OF ORDINANCES OF THE CITY OF SANFORD; PROVIDING FOR DELEGATION TO THE CITY MANAGER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Commission of the City of Sanford are committed to ensuring the citizens of the City of Sanford a high quality standard of life; and WHEREAS, part of the strategy in providing citizens of the City with the high quality of life that they desire is to ensure that the City had adequate codes and ordinances enacted in order to protect the public health, safety, morals and welfare of the citizens and to engage in a meaningful process in which those codes and ordinances are enforced; and WHEREAS, it is the goal of the Mayor and City Commission to keep the City of Sanford a safe and clean place to live, to maintain desirable housing for present and future residents, have a significant and positive effect on property values and increase the desirability of the City for its current residents and for potential future favorable and positive growth and such goal is furthered by a proactive code enforcement process; and WHEREAS, the Mayor and the City Commission desire to provide a code enfomement process that is both effective and legally sufficient and has, accordingly, determined that the hearing officer/special magistrate process is one that offers a panoply of advantages to the City while protecting the administrative due process rights of alleged violators; and WHEREAS, the Mayor and the City Commission desire to provide the citizens of the City of Sanford with a responsive and accountable local government that meets the needs and expectations of the citizens while operating in a streamlined and economical manner; and WHEREAS, it is the best interests of the citizens of the City of Sanford and will benefit the citizens of the City for the Government of the City of Sanford to operate in an effective and coordinated manner in accomplishing code enforcement activities and the enactment of this Ordinance is directed at accomplishing that goal in the public interest~ and WHEREAS, the Mayor and City Commission desire to attain compliance with thn City's codes and ordinances in a manner that is consistent with tailored needs of th~. community and which identifies the unique needs of each community within the City; WHEREAS, it is objective of the Mayor and City Commission to ensure that thn code enforcement process is one aimed at collaboration and cooperation with th~. citizens of the City prior to proceedinq to formal code enforcement processes and procedures; and WHEREAS, it is the qoal of the Mayor and City Commission to encouraqn residents within each nei,qhborhood to take all appropriate actions to enhance codn compliance within their neiqhborhoods by instillin,q nei,qhborhood pdde and developin.q .~ commonality of interest with their neiRhbors; and WHEREAS, it is the common interest of the City and its citizens to protect and enhance property values within the City and to ensure that each nei,qhborhood and thn community as a whole is deemed to be a hiqh clualitv r)lace in which to reside; and WHEREAS, althou,qh it is the qoal of the Mayor and City Commission to achievn voluntary code compliance by each property owner, it is in the best interests of the CiW and its citizens to have in place a code enforcement system that will ensure that codP. violators are appropriately addressed and in which code compliance will be achieved. NOW, THEREFORE, BE IT ENACTED BY THE CITIZENS OF THE CITY OF SANFORD, FLORIDA: SECTION 1. LEGISLATIVE FINDINGS/INTENT. (a). The above recitals are adopted by the Mayor and the City Commission as legislative findings relating to the enactment of this Ordinance. (b). It is the intent of the Mayor and the City Commission to provide the City of Sanford with all available legal remedies provided by State law for the enforcement of the City Code and City ordinances and that all applicable and permittable penalties provided by State law be available to punish violators. 2 SECTION 2. SHORT TITLE/INTENT. (a). This Ordinance shall be known and may be cited as the City of Sanford Code Enforcement Ordinance. (b). It is the intent of this Part of this Ordinance to implement the provisions of Sections 162.01 through 162.13, Florida Statutes, which are commonly collectively cited as the Local Government Code Enforcement Boards Act. SECTION 3. JURISDICTION/RELIANCE UPON STATE LAW. (a). The terms and provisions of this Part of this Ordinance shall apply to all real property lying within the incorporated areas of the City of Sanford, Flodda. All civil infractions of provisions of the Code of Ordinances of the City of Sanford, as amended, and City Ordinances duly adopted by the Mayor and the City Commission of the City of Sanford may be enforced by any of the remedies available as set forth in this Part of this Ordinance or as otherwise authorized by law. (b). The provisions of this Part of this Ordinance are intended to implement the provisions of State law. Accordingly, in the event of conflict between the provisions of this Part of this Ordinance and the provisions of the Local Government Code Enforcement Boards Act the City shall utilize the provisions and procedures of said Act. SECTION 4. AUTHORITY AND PURPOSE. (a). This Part of this Ordinance is adopted pursuant to Chapter 162, Florida Statutes, and Chapter 828, Florida Statutes, and other applicable provisions of law as a supplemental method of enforcing the Code of Ordinances of the City of Sanford, as amended from time-to-time, and all other City ordinances enacted to protect the public health, safety, and welfare of the citizens of the City. (b). This Part of this Ordinance shall be implemented in harmony with the provisions of the various provisions of the Code of Ordinances of the City of Sanford such, by way of example only, the provision relating to animal control and building codes. SECTION 5. DEFINITIONS. The following definitions shall have the following meanings relative to the application of this Part of this Ordinance; provided, however, that in the event of conflict between the provisions of this Part of this Ordinance and the provisions of the Local Government Code Enforcement Boards Act, the City shall utilize the definitions of said Act: (a). City means the City of Sanford. (b). City Manager means the City Manager of the City of Sanford or designee. 3 (c). City Code and City ordinance(s) mean the Code of Ordinances of the City of Sanford, as amended from time-to-time, and City ordinances enacted by the City Commission to be codified into the Code of Ordinances of the City of Sanford. (d). Code enforcement officer means any employee or authorized agent of the City whose duty it is to ensure code compliance with the City Code and City ordinances which are subject of this Ordinance including, but not be limited to, code inspectors~ community improvement officers, neiRhborhood improvement officers, and other code compliance personnel (building, zoning, animal control, and environmental), law enforcement officers, animal control officers, and fire safety inspectors. (e). Person means an individual, firm, association, organization, partnership, company, corporation, any other business entity, trust, whether government or pdvate. (f). Repeat Violation means a violation of the same provision of the City Code or the same City ordinance by the same person within a five (5) year pedod. SECTION 6. CODE ENFORCEMENT HEARING OFFICER/SPECIAL MAGISTRATE/SELECTION/CODE ENFORCEMENT PROCESSES AND PROCEDURES. (a). It is the intent of this Part of this Ordinance to establish a hearing officer/special magistrate with the authority to impose administrative fines and other non-criminal penalties to promote, protect, and improve the health, safety, morals, and welfare of the City of Sanford and to provide an equitable, expeditious, effective and an inexpensive method of enforcing the City Code and City ordinances where a pending or repeated violation exists or continues to exist. This Part of this Ordinance has been enacted pursuant to the authority of Chapter 162, Florida Statutes, and other applicable law. (b). The City hearing officer/special magistrate shall have jurisdiction to hear and decide cases in which violations are alleged of any provisions of the City Code and City ordinances except as specifically excluded herein. (c). Hearing officer/special magistrates shall be appointed by the Mayor and City Commission and shall be an attorney duly licensed to practice law in the State of Florida. The City may utilize the services of one (1) or more hearing officer/special magistrates to conduct hearings concerning the City Code and City ordinances. (d). Hearing officer/special magistrates shall have the power to: (1). Adopt rules for the conduct of hearings; (2). Subpoena alleged violators and witnesses to its hearings. 4 Subpoena evidence to its hearings. The City of Sanford Police Department may serve subpoenas; (3). Subpoena evidence to hearings; (4). Administer oaths and take testimony under oath; (5). Issue orders having the force of law finding a violation of the City Code or City ordinances and commanding whatever steps are necessary to bring the violation into compliance; and (6). Enter orders finding compliance or non-compliance. (e). Hearing officer/special magistrates shall serve for terms established by the Mayor and City Commission. Hearing officer/special magistrates shall be subject to removal, with or without cause, from their positions at any time during their term, by the Mayor and City Commission. Hearing officer/special magistrates shall not be considered to be City employees, although they may receive compensation for their services and also may be reimbursed for such travel, mileage and per diem expenses as may be authorized. (f). The City Attorney shall act as legal counsel to the code enforcement officer as he or she presents cases to the headng officer/special magistrate or shall present the case for the code enforcement officer. Because only attorneys may hold the position of hearing officer/special magistrate, the Mayor and City Commission shall not be required to retain an attorney to represent the hearing officer/special magistrate. (g). Hearing officer/special magistrates shall have the jurisdiction to hear and decide alleged violations of the City Code and City ordinances. (h). The jurisdiction of the hearing officer/special magistrates shall not be exclusive. Any alleged violation of the City Code or City ordinances may be pursued by any appropriate remedy in a court of competent jurisdiction at the option of the City Commission or administrative official whose responsibility it is to enforce the City Code or City ordinances. (i). It shall be the duty of the responsible City departments, through the code enforcement officer, to initiate enforcement proceedings of the City Code and City ordinances through the hearing officer/special magistrate process. The hearing officer/special magistrate shall not have the power to initiate such enforcement proceedings. Any violations presented to the hearing officer/special magistrate shall be administered by the code enforcement officer. (j). In the case of a first time violation of the City Code or a City ordinances, the code enforcement officer shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code enforcement officer shall request a hearing before the hearing officer/special magistrate and provide notice to the alleged violator. All notices required by this Part of this Ordinance shall be provided to the alleged violator in accordance with the provisions of Section 162.12, Florida Statutes. (k). If a repeat violation is found, the code enforcement officer shall notify the violator, but is not required to give the violator a reasonable time to correct the violation. The code enforcement officer, upon notifying the violator of a repeat violation, shall request a hearing. The code enforcement officer shall schedule a headng before the hearing officer/special magistrate and shall provide notice to the violator. The case may be presented to the hearing officer/special magistrate even if the repeat violation has been corrected prior to the hearing officer/special magistrate hearing and the notice shall so state. (I). If a code enforcement officer has reason to believe a violation presents a serious threat to the public health, safety, morals, or welfare, or if the violation is irreparable or irreversible in nature, said decision being made in conjunction with the City Manager, the code enforcement officer shall make a reasonable effort to notify the violator and may immediately request a hearing thereon. (m). The code enforcement officer shall coordinate the calling of headngs by the hearing officer/special magistrate. The City shall provide a headng room and clerical staff as may be reasonably required by the hearing officer/special magistrate to conduct hearings and perform his or her duties. All hearings by the hearing officer/special magistrate shall be open to the public and minutes shall be kept of all hearings. (n). Each case before the hearing officer/special magistrate shall be presented by the code enforcement officer with the assistance of the City Attorney or by the City Attorney as the case may be. All relevant evidence shall be admitted. When appropriate, the code enforcement officer or City Attorney may call as witnessc;; property owners within the community who are adversely affected by the alle,qed cod~, violation. The hearing officer/special magistrate may exclude irrelevant or unduly repetitious evidence. (o). Each party to the hearing shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses, impeach witnesses and rebut evidence. The general public shall not be entitled to present evidence although members of the general public may be called as witnesses by either party. (p). The alleged violator has the dght, at his or her own expense, to be represented by an attorney at any headng. 6 (q). All testimony before the hearing officer/special magistrate shall be under oath and shall be recorded. The alleged violator or the City may cause a verbatim record of the proceedings to be made. (r). The burden of proof shall be with the code enforcement officer and/or City Attorney to show by the greater weight of evidence that a code violation exists and that the alleged violator committed, allowed, or was responsible for maintaining the violation. (s). If notice has been provided to the violator of the public hearing pursuant to this Part of this Ordinance (which shall be as required by Chapter 162, Florida Statutes), the hearing may be conducted and an order rendered in the absence of the alleged violator. (t). At the conclusion of the hearing, the hearing officer/special magistrate shall issue an order setting forth findings of fact, based on evidence of record, and issue conclusions of law, and shall render relief in the order affording the proper relief consistent with powers granted in this Part of this Ordinance. A written order shall be issued within a reasonable period of time subsequent to the hearing. 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 that date. ^ second hearing shall not be necessary for the fine to begin; provided, however, that the alleged violator shall have the right to request a headng to determine when compliance has been attained. An aggrieved party, including the City, may appeal a final administrative order of the hearing officer/special magistrate 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 hearing officer/special magistrate. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. (u). A certified copy of an order imposing the fine provided for herein may be recorded in the public records of Seminole County or any other county, and thereafter such order shall constitute a lien against the property on which the violation exists or, if the violator does not own the land involved in the violation, 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 personal property, but shall not be deemed otherwise to be a judgment of a court except for enforcement purposes. (v). When an order is recorded in the public records pursuant to this Part of this Ordinance and the order is complied with by the dates specified in the order, the headng officer/special magistrate shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required if such is an order acknowledging compliance prior to the date set for compliance; provided, however, that the alleged violator shall have the right to request a hearing to determine when compliance has been attained. 7 (w). A fine imposed pursuant to this Part of this Ordinance shall not exceed two hundred and fifty dollars ($250.00) per day per violation for a first violation and shall not exceed five hundred dollars ($500.00) per day per violation for a repeat violation. In formulating the provisions of the order, the hearing officer/special magistrate should be consistent in the imposition of fines, paying special attention to the gravity of the violation, any actions and the timeliness of actions taken by a violator to correct the violation and any previous violations committed by the violator. The hearing officer/special magistrate shall include in the order establishing a fine that the violator shall pay all costs of the preceedings incurred by the City. (x). The fine imposed pursuant to this Part of this Ordinance by the hearing officer/special magistrate shall be final and may be appealed only to the Circuit Court in accordance with the controlling provisions of law. The violator may make arrangements through the City Manager to pay the fine in monthly payments; provided, however, if the violator fails to timely perform under the agreement, the City shall have and maintain all enforcement rights relative to the fine imposed as reduced by payments that have been mede. (y). A certified copy of an order imposing a fine may be recorded in the public records of Seminole County or any other county and, therefore, 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 the 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 Part of this Ordinance 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 three (3) months from the filing of any such lien which remains unpaid, the Mayor and the City Commission may authorize the City Attorney to foreclose on the lien. (z). Notwithstanding any provision in this Part of this Ordinance to the contrary, the City shall adhere to the procedures set forth in the Local Government Code Enforcement Boards Act in conducting its code enforcement activities. SECTION 7. REPEALER/CODE ENFORCEMENT BOARD/NUISANCE ABATEMENT BOARD. (a). The following sections of the Code of Ordinances of the City of Sanford are hereby repealed: 2-171, 2-172, 2-173, 2-174, 2-175, 2-176, 1-177, 2-178, 2-179, 2- 180, 2-181, 2-182, and 2-201. (b). The Code codifier is hereby authorized to make revisions to the Code of Ordinances of the City of Sanford consistent herewith. 8 SECTION 8. DELEGATION TO CITY MANAGER. The Mayor and the City Commission of the City of Sanford hereby delegates to the City Manager the authority to take any and all actions necessary and expedient, as may be appropriate in his sound and professional discretion, in order to implement the provisions of this Ordinance. The City Manager shall consult with the City Attorney in terms of developing implementing actions. SECTION 9. CONFLICTS. In the event of any conflict with any other provision of the Code of Ordinances of the City of Sanford, the provisions of this Ordinance shall prevail. It is not the intent of this Ordinance to conflict with the controlling provisions of State law. If State law provides for procedures, the City shall adhere to the requirements of those procedures in taking actions. SECTION 10. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application and to this end the previsions of this Ordinance are declared severable. SECTION 11. CODIFICATION. Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Sanford; provided, however, that Sections 7, 8, 9, 10, 11 and 12 shall not be codified. The City's Code codifier is authorized to take any and all appropriate actions deemed necessary, appropriate or convenient to codify the provisions of this Ordinance to include, but not in any way be limited to, making conforming reference changes to the Code of Ordinances of the City of Sanford in order to implement the provisions and intent of this Ordinance. SECTION 12. EFFECTIVE DATE. This Ordinance shall become effective October 1, 2005. PASSED and ADOPTED this 8th day of August, 2005. 9 ATTEST: ~ANET DOUGHER'I'Y~, CITY CLleRK CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA LINDA~KUHN, MAYOI~ CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, FIodda,,do hereby certify that a true and correct copy of the foregoing Ordinance No.~.~'~-~/__~, pAo~_~ AND ADOPTED by tlpe City Commission of the City of Sanford, Florida, on the day of ?./~/~'...~?~./~d.7~ ,2.0~5~ ~/as posted at the fr(;~t door of thee City Hall in the City of SanfdCd, Florida, on the _./U ~'/ day of /~./~_./~_..;~- ,2005. (,/ J~NET DOUGHER~¢~'' As the City Clerk of the City of Sanford, Flodda 10