HomeMy WebLinkAbout2015 08 24 Public Hearing 503 Ordinance 2015-17, First Reading, Special MagistrateCOMMISSION AGENDA
ITEM 503
Informational
Consent
Public Hearings
X
Regular
August 24, 2015 KS
Regular Meeting City Manager Department
REQUEST:
On behalf of the Police Chief and the City Manager, the City Attorney requests that the City
Commission consider and pass, on First Reading, Ordinance No. 2015 -17 which
comprehensively modifies the City's code enforcement procedures and requirements
including, but not limited to, establishing a special magistrate system of enforcing City
Codes and amending the manner in which applications for code enforcement lien reductions
and satisfactions are considered by the City.
SYNOPSIS:
City code enforcement is primarily governed by Chapter 162, Florida Statutes. Chapter 162
provides for several alternative ways for cities to enforce municipal codes including, but not
limited to, code enforcement boards, special magistrates, notice to appear before a county
court, and civil citations. The City has historically relied upon a code enforcement board
(and civil citations to county court in some cases) to adjudicate code enforcement violations
and to assess fines against violators of City codes and ordinances. Ordinance No. 2015 -17
proposes to comprehensively modify the City's code enforcement procedures and
requirements. Specifically, the Ordinance will abolish the City's Code Enforcement Board
and transition into a special magistrate system of enforcing the City's codes and
ordinances. A special magistrate will be an attorney licensed to practice in Florida, subject
to other requirements in the Ordinance. Section 162.03, Florida Statutes, provides that a
special magistrate shall have the "same status as an enforcement board under this chapter
[162]." In addition, the Ordinance proposes to substantially modify the procedure and
criteria regarding the processing of applications for code enforcement lien reductions and
satisfactions. Particularly, the Ordinance streamlines the process by delegating the
authority to grant code lien reductions and satisfactions to the City Manager, subject to
appeal to the City Commission. The criteria for considering lien reductions and
Public Hearings 503 PAGE 1 OF 6 - August 24, 2015
satisfactions is based on the City's past several years of experience dealing with this issue
during the foreclosure crisis. The proposed effective date of the Ordinance would be
January 1, 2016.
CONSIDERATIONS:
1. The enforcement of City Codes and ordinances is primarily governed by Chapter
162, Florida Statutes.
2. In furtherance of this Chapter, the City has adopted code enforcement procedures
which are codified primarily in Chapter 2, Article III, Division 2 of the City Code. These
provisions have not been comprehensively updated by the City in many years.
3. The City has historically relied on a Code Enforcement Board to adjudicate alleged
code violations, and the Board has done an admirable job over the years dealing with a
myriad of code enforcement cases.
4. The attached Ordinance proposes a major change to the City's Code Enforcement
procedures. Specifically, the Ordinance, if adopted, will abolish the Code Enforcement
Board and substitute a special magistrate to hear and adjudicate City code enforcement
cases. The Ordinance proposes an effective date of January 1, 2016 to make this
transition.
5. The Ordinance requires that a "special magistrate" will be appointed by the City
Commission and be members of the Florida Bar in good standing for five or more years.
The special magistrate must demonstrate satisfactory knowledge of municipal law and the
general procedures for enforcement of municipal codes, and must demonstrate a
temperament suitable for the exercise of quasi-judicial powers vested in each special
magistrate. Special magistrates shall not be city employees or officers.
6. The powers of the special magistrate are set forth in the Ordinance, but are generally
the same powers that the Code Enforcement Board has historically exercised for the City.
For example, a special magistrate will have the following powers:
(a) Hear and decide violations of the Code.
(b) Adopt rules for the conduct of hearings.
(c) Subpoena alleged violators and witnesses for hearings; subpoenas shall be
served by the county sheriff, the city police department or by the city staff.
(d) Subpoena evidence deemed relevant to hearings.
(e) Take testimony under oath.
(f) Assess and order the payment of civil penalties as provided herein.
(g) Issue orders having the force of law to command whatever steps are
necessary to bring a violation into compliance.
(h) Have jurisdiction to consider and address orders entered by the
City's Code Enforcement Board.
Public Hearings 503 PAGE 2 OF 6 - August 24, 2015
7. The Florida Attorney General has opined that a "special magistrate" for code
enforcement is an "office" for dual office holding purposes under Article II, section 5(a),
Florida Constitution. Therefore, any special magistrate appointed by the City Commission
is prohibited from simultaneously holding any other "office." As such, a special magistrate
is forbidden by the Florida Constitution from serving as a special magistrate for more than
one City. See Op. Att'y Gen. Fla. 13 -26 (2013); 13 -18 (2103); 10 -19 (2010) and 05 -29
(2005). See also Rodriguez v. Tax Adjustment Experts of Florida. Inc., 551 So. 2d 537 (Fla.
3d DCA 1989) (special masters for value adjustment boards are quasi-judicial officers).
8. While the use of a Code Enforcement Board is an effective way of hearing code
enforcement cases, there are several benefits to implementing a Special Magistrate System:
a. Scheduling Efficiency. Scheduling cases should be more flexible because it
only involves the availability of one person — the special magistrate. Code board meetings
require a quorum and availability is generally in the evenings. Thus, it is conceivable that
depending on case load, code enforcement cases could be scheduled to be heard multiple
times within a given month and cases could be heard in the morning similar to traffic cases.
Morning dockets would be handled during normal employee shifts.
b. Experience in law. A special magistrate is an attorney who is trained in the
law. Thus, a special magistrate will be experienced in quasi-judicial proceedings and be
more familiar with evidentiary issues and applying facts to applicable law and preparing
orders.
C. Prosecution Assistance. For complex and more serious cases, the City
Attorney's office will serve as code enforcement prosecutor assisting the code enforcement
officer in preparing and presenting the case.
d. Other Optional Code Enforcement Programs. There are other
municipal home rule code enforcement programs under consideration by City staff that
could be adopted if a special magistrate system of code enforcement was implemented such
as a police vehicle impoundment ordinance. These programs require timely and frequent
due process hearings on short notice and could be handled more efficiently once a special
magistrate system is implemented.
9. If the Ordinance is adopted, the City Manager's office, with the assistance of the
City Attorney, will solicit proposals from qualified candidates to serve as a code
enforcement special magistrate for the City. One or more qualified candidates will be
submitted to the City Commission for consideration at a later date in time to implement the
special magistrate system by January 1, 2016.
10. In addition to converting the City's code enforcement programs to a special
magistrate system, the Ordinance proposes numerous other procedural and substantive
requirements for code enforcement that are consistent with the current requirements of
Chapter 162, Florida Statutes, and applicable case law. The changes are too numerous to
itemize, but the City Attorney will be available to answer any specific questions at the
Commission meeting.
Public Hearings 503 PAGE 3 OF 6 - August 24, 2015
11. Other than converting to a special magistrate system, the other major change being
proposed in the Ordinance is related to the procedure for considering applications for code
enforcement lien reductions and satisfactions.
12. Code enforcement liens run in favor of the City Commission by law. The Ordinance
proposes to delegate the authority for handling code lien reduction and satisfaction
applications to the City Manager, subject to appeal to the City Commission. By delegating
this authority, the City will be significantly streamlining the current process. Under the
current process, applications are required to be presented to the Code Enforcement Board
for a recommendation to the City Commission. Thus, the current process requires at least
two public meetings after the City Manager and staff have evaluated the application and
formulated a written staff recommendation.
13. Under the proposed procedural change, lien reduction and satisfaction applications
will be decided by the City Manager. Unless the applicant appeals the decision to the City
Commission, the City Manager's decision will be final. It is estimated that this process
could potentially reduce the time required to process an application by 30 to 60 days.
14. In addition, during the recent foreclosure crisis in Florida, the City has had the
opportunity to handle numerous lien reduction and satisfaction applications. During this
time period, the City Manager, in consultation with the City Attorney's office and staff, has
developed administrative factors to assist with processing these applications. The
Ordinance proposes to clarify, enhance and codify the factors to guide the City Manager's
decision making related to these applications going forward. The factors will be as follows:
(1) The amount of any administrative and out -of- pocket costs incurred
by the city which are directly associated with the underlying code
enforcement case and lien including, but not limited to, code enforcement
staff and attorney time, postage, advertising and recording costs, and other
city expenses related to any measure taken by the previous code board or
special magistrate or city to abate a nuisance caused by the violation;
(2) The gravity and number of the violation(s);
(3) The amount of the requested reduction;
(4) Whether the Applicant was responsible for the violation which
caused the lien;
(5) Whether the Applicant is or will be a bona fide purchaser of the
subject property and is filing or has filed for a homestead exemption
evidencing a desire to reside within the City on a non - transient basis, or
whether the property is or will be acquired for investment or other purposes;
(6) Whether the Applicant acquired the subject property with knowledge
of the subject lien;
(7) The time in which it took to bring the property into compliance;
(8) The accrued amount of the code enforcement fine or lien as
compared to the current market value of the property;
(9) With respect to a speculator, non - homestead purchaser of the subject
property, the accrued amount of the code enforcement fine or lien as
compared to the investment/profit that will be gained as a result of the
purchase or sale of the property and the reduction or satisfaction;
Public Hearings 503 PAGE 4 OF 6 - August 24, 2015
(10) Any previous or subsequent code violations pertaining to the
property unless an order finding a violation is under appeal at the time of
determination;
(11) Any previous or subsequent code violations of the Applicant
pertaining to other properties owned within the city, unless an order finding a
violation is under appeal at the time of determination;
(12) Any relevant information contained in any title policy required to be
submitted to the city under this section;
(13) Any financial hardship;
(14) Any other mitigating circumstance which may warrant the reduction
or satisfaction of the penalty or fine; and
(15) Any other administrative review criteria relevant to whether it is
equitable to reduce or release a lien which are adopted by the city manager,
in writing, and are intended to be applied to all applications on a uniform
basis.
15. The City Manager will be required to make the decision in writing and will either
approve, approve with conditions, or deny the applications. To the maximum extent
feasible, the City Manager shall collect, at a minimum, all administrative and out -of- pocket
costs incurred by the City related to the lien.
16. Decisions of the City Manager may be appealed to the City Commission by filing a
notice of appeal within 30 days of the decision and paying a $100 non - refundable filing fee.
FISCAL IMPACT:
There is no direct fiscal impact related to the adoption of this Ordinance other than staff and
attorney time to prepare the Ordinance and Agenda Item. However, the City will be
responsible for fees required to retain a special magistrate. The fees will depend on the
future negotiated rate and the case load handled by the special magistrate.
Special magistrate fees are not recoverable against the code violator as "costs" under
Chapter 162, Florida Statutes. See Op. Att'y Gen. Fla. 14 -04 (2014) (s. 162.07(2), Fla. Stat.
does not allow a city to recover against a code violator the fees paid to a special magistrate
or to the special magistrate's assistant).
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
Public Hearings 503 PAGE 5 OF 6 - August 24, 2015
RECOMMENDATION:
The City Manager, Police Chief, and City Attorney recommend that the City Commission
pass Ordinance No. 2015 -17 on First Reading and direct the City Clerk to advertise the
Ordinance for second and final reading in a newspaper of general circulations in accordance
with the requirements and procedures set forth in Section 166.041, Florida Statutes.
ATTACHMENTS:
A - Ordinance 2015 -17 (23 pages)
Public Hearings 503 PAGE 6 OF 6 - August 24, 2015
Attachment A
ORDINANCE NO. 2015 -17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA;
COMPREHENSIVELY AMENDING THE CITY'S CODE
ENFORCEMENT PROCEDURES; REPEALING IN ITS
ENTIRETY SUBDIVISION A. `BOARD" , OF DIVISION 2
"CODE ENFORCEMENT", OF CHAPTER 2
"ADMINISTRATION", OF THE CITY CODE OF ORDINANCES,
AND ESTABLISHING A NEW SUBDIVISION A. ENTITLED
"CODE ENFORCEMENT SPECIAL MAGISTRATE;" REVISING
THE PROCEDURE FOR SATISFYING AND RELEASING CODE
ENFORCEMENT LIENS; MAKING COLLATERAL
CONFORMING AMENDMENTS TO OTHER AFFECTED
PROVISIONS OF THE CITY CODE; PROVIDING FOR THE
ABOLISHMENT OF THE CODE ENFORCEMENT BOARD;
PROVIDING FOR THE TRANSFER OF PENDING CASES TO
THE SPECIAL MAGISTRATE; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Winter Springs is granted the authority, under Section 2(b), Article
VIII, of the State Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, Chapter 162, Florida Statutes, provides that a municipality may adopt an
alternate code enforcement system giving designated code enforcement boards or special
magistrates the authority to impose administrative fines and other noncriminal penalties to
provide an equitable, expeditious, effective and inexpensive method of enforcing any code and
ordinance in force in such municipality; and
WHEREAS, in accordance with Chapter 162, Florida Statutes, and the City's municipal
home rule powers, the City Commission desires to amend Division 2 "Code Enforcement" of
Chapter 2 "Administration" to repeal the establishment of its code enforcement board and
exercise its authority to appoint special magistrates to handle code enforcement matters in
accordance with law; and
WHEREAS, the City Commission of the City of Winter Springs, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein
by this reference as legislative findings and the intent and purpose of the City Commission of the
City of Winter Springs.
City of Winter Springs
Ordinance No. 2015 -17
Page 1 of 23
Section 2. Repeal of Subdivision A, "Board ". That Subdivision A "Board" of
Division 2 "Code Enforcement" of Chapter 2 "Administration" of the Code of Ordinances of the
City of Winter Springs, Florida, is hereby repealed in its entirety. A copy of the existing
Subdivision A is attached hereto as EXHIBIT "A" and the repealed City Code sections set forth
therein are stricken through as indicated.
Section 3. Establishment of new Subdivision A, entitled "Code Enforcement
Special magistrate ". That new Subdivision A entitled "Code Enforcement Special magistrate" of
Division 2 "Code Enforcement" of Chapter 2 "Administration" of the Code of Ordinances of the
City of Winter Springs, Florida, is hereby established, as follows (proposed additions to existing
City Code text are indicated by underline):
SUBDIVISION A — Code Enforcement Special magistrate.
Sec. 2 -56. Intent.
It is the intent of this subdivision to promote, protect, and improve the health, safety, and welfare
of the citizens of the City of Winter Springs, Florida, by authorizing the designation of special
magistrates with the authority to impose administrative fines and other noncriminal penalties to
provide an equitable, expeditious, effective, and inexpensive method of enforcing the codes and
ordinances of the city where a pending or repeated violation continues to exist. Special
magistrates shall have the same status of a code enforcement board under Chapter 162, Part 1,
Florida Statutes. This subdivision is intended to be supplemental and additional authority and
not intended to prevent or prohibit the City from enforcing or obtaining compliance with City
Codes by anv other lawful means.
Sec. 2-57. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Code means collectively the City of Winter Springs Code of Ordinances and any statute, code,
rule, ordinance, or regulation incorporated into the Code by reference.
Code Enforcement Officer means any authorized agent or employee of the city who has been
designated by the city manager to enforce the city's Code and ordinances.
Repeat Violation means a violation of a provision of the Code by a person who has been
previously found through a code enforcement board or a Special magistrate, to have violated the
same provision of the Code. A Repeat Violation can occur only after correction of the previous
violation has been made.
Special magistrate means an individual designated and determined to be qualified by the city
commission bursuant to Section 2 -58 of this subdivision.
City of Winter Springs
Ordinance No. 2015 -17
Page 2 of 23
Uncorrectable Violation means a violation which is irreparable or irreversible in nature and
which cannot be remedied after the violation has been committed because the violation
constitutes a single prohibited act rather than an ongoing condition or circumstance.
Violator means that person or entity responsible for a violation of the Code (the property owner,
tenant, or business entity on the premises, or any combination thereof) and may include the
property owner on whose property the violation occurs regardless of who commits the violation.
Sec. 2 -58. Special Magistrates.
(a) The city commission may appoint one (1) or more special magistrates. Appointments
shall be made in the sole discretion of the city commission in accordance with applicable law on
the basis of experience or interest in the subiect matter iurisdiction of the violations.
(b) Appointments shall be made for a term of one (1) year. Special magistrates may be
reappointed at the discretion of the city commission. Special magistrates may be suspended and
removed with or without cause by the commission. Appointments to fill any vacancy shall be
for the remainder of the unexpired term.
(c) Special magistrates shall be members of the Florida Bar in good standing for five or more
years. The special magistrate must demonstrate satisfactory knowledge of municipal law and the
general procedures for enforcement of municipal codes, and must demonstrate a temperament
suitable for the exercise of quasi - judicial powers vested in each special magistrate. Special
magistrates shall not be city employees or officers. The city manager shall be responsible for
negotiating and executing a contract on behalf of the City with the special magistrate and the
special magistrate may be compensated at a rate to be agreed upon in the contract. The contract
will be in a form prepared and approved by the City Attorney.
(d) The city attorney may attend the code enforcement hearings conducted by the special
magistrate and represent City staff in the presentation of cases, or the code enforcement officer
may present cases, at the option of the city manager depending upon the substance and
complexities of any given case. To the extent necessary and consistent with the City's interests
to ensure compliance with City Codes, the City Attorney will defend final orders of the special
magistrate which are appealed by violators to a court of competent jurisdiction.
Sec. 2 -59. Powers of Special magistrates.
Special magistrates shall have the power to:
(a) Hear and decide violations of the Code.
(b) Adopt rules for the conduct of hearings.
(c) Subpoena alleged violators and witnesses for hearings, subpoenas shall be served by the
county sheriff, the city police department or by the city staff.
(d) Subpoena evidence deemed relevant to hearings.
(e) Take testimony under oath.
City of Winter Springs
Ordinance No. 2015 -17
Page 3 of 23
(f) Assess and order the payment of civil penalties as provided herein.
(g) Issue orders having the force of law to command whatever steps are necessary to bring a
violation into compliance.
(h) Have jurisdiction to consider and address orders entered by the City's code enforcement
board.
Sec. 2 -60. Enforcement procedures.
(a) Code enforcement officers shall have the authority to initiate code enforcement
proceedings as provided in this subdivision. Special magistrates shall not have such authority.
(b) Except as provided herein, a code enforcement officer who finds a violation of the Code
shall issue a notice to the Violator stating that the Violator has committed a violation of the
Code. The notice shall specify a reasonable time period within which the Violator must correct
the violation. This determination shall be based on considerations of fairness, practicability; ease
of correction, ability to correct, severity of violation, nature, extent and probability of danger or
damage to the public, and other relevant factors relating to the reasonableness of the time period
prescribed.
(c) If, upon personal investigation, a code enforcement officer finds that the Violator has not
corrected the violation within the time period specified in the notice, the code enforcement
officer shall notify the special magistrate and request a hearing. If the violation is corrected and
then recurs or if the violation is not corrected by the time specified for correction by the code
enforcement officer, the case may be presented to the special magistrate even if the violation has
been corrected prior to the hearing, and the notice shall so state.
If a Reheat Violation is found. the code enforcement officer shall issue a notice to 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 notify the
special magistrate and request a hearing. The case may be presented to the Special magistrate
even if the Repeat Violation has been corrected prior to the hearing, and the notice shall so state.
If the Repeat Violation has been corrected, the special magistrate retains the right to schedule a
hearing to determine costs and impose the payment of reasonable enforcement fees upon the
repeat Violator.
Cej If a code enforcement officer has reason to believe a violation or the condition causing
the violation presents a serious threat to the public health, safety, and welfare, or if the violation
is an Uncorrectable Violation, the code enforcement officer shall make a reasonable effort to
notify the Violator and may immediately request a hearing.
f If the owner of property that is subject to an enforcement proceeding before the special
magistrate transfers ownership of such property between the time the initial pleading was served
and the time of the hearing_ such owner shall:
City of Winter Springs
Ordinance No. 2015 -17
Page 4 of 23
Disclose, in writing, the existence and the nature of the proceeding to the
prospective transferee.
Deliver to the prospective transferee a copy of the pleadings, notices, and other
materials relating to the code enforcement proceeding received by the transferor.
Disclose, in writing, to the prospective transferee that the new owner will be
responsible for compliance with the applicable Code provision and with orders
issued in the code enforcement proceeding.
File a notice with the Special magistrate of the transfer of the property, with the
identity and address of the new owner and copies of the disclosures made to the
new owner, within 5 days after the date of the transfer.
A failure to make the disclosures described in subsections (1), (2), and (3) before the
transfer creates a rebuttable presumption of fraud. If the property is transferred before the
hearing, the proceeding shall not be dismissed, but the new owner shall be provided a
reasonable period of time to correct the violation before the hearing is held.
(g) Nothing herein shall prohibit a violator's from waiving his or her rights to the hearing
required by this section and entering into a pre - hearing code enforcement settlement agreement,
which must be memorialized in writing and executed by the violator and city manager. Such
agreements may include terms and conditions to bring the violation into compliance, impose and
require payment of an agreed upon penalty and reimbursement of costs incurred by the city
related to the violation_ and other terms and conditions deemed necessary to settle the violation.
Sec. 2 -61. Service of Notice.
Caj All notices required in this Subdivision shall be provided to the alleged violator by
certified mail, return receipt requested, by hand delivery by the sheriff or law enforcement
officer of the city, code enforcement officer, or other person designated by the city commission,
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. In the case
of commercial premises, leaving the notice with the manager or other person in charge.
In addition to providing notice as set forth in subsection (a), at the option of the Special
magistrate or the code enforcement officer, notice may also be served by publication or posting
as follows:
Such notice shall be published once during each week for four consecutive weeks,
with four publications being sufficient, in a newspaper of general circulation in
the city. The newspaper shall meet such requirements as are prescribed under
Chabter 50. Florida Statutes. for leual and official advertisements.
Proof of publication shall be made as provided in §§ 50.041 and 50.051, Florida
Statutes.
City of Winter Springs
Ordinance No. 2015 -17
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In lieu of publication as described in Subsection (1) above, such notice may be
posted for at least ten days in at least two locations, one of which shall be the
property upon which the violation is alleged to exist and the other of which shall
be at city hall. Proof of posting shall be by affidavit of the person posting the
notice, which affidavit shall include a copy of the notice posted and the date and
places of its posting.
Notice by publication or posting may run concurrently with, or may follow, an
attempt to provide notice by hand delivery or by mail as required under
Subsection (a).
(c) Evidence that an attempt has been made to hand deliver or mail notice as provided in
Subsection (a) together with proof of publication or posting as provided in subsection (b) shall be
sufficient to show that the notice requirement, of this part has been met, without regard to
whether or not the alleged Violator actually received the notice.
Sec. 2 -62. Scheduling and conduct of hearing.
Caj Upon request of the code enforcement officer, or at such other times as may be necessary.
a Special magistrate may call a hearing. Minutes shall be kept of all hearings by each special
magistrate, and all hearings and proceedings shall be open to the public. The city manager shall
provide clerical and administrative personnel as may be reasonably required by each Special
magistrate for the proper performance of his or her duties. The city clerk shall serve as clerk to
the Special magistrates as it serves as clerk to the city commission.
The code enforcement officer shall send a notice of hearing in the same manner of
service as outlined in Section 2 -61.
Ccj The code enforcement officer shall call hearings on a monthly basis or upon the request
of the special magistrate. Except as provided herein, a hearing date shall not be postponed or
continued unless a request for a continuance, showing good cause for a continuance, is received
in writing by the special magistrate at least ten (10) calendar days prior to the date set for
hearing.
A special magistrate shall postpone a hearing if the named violator, prior to the scheduled
hearing date, files with the duly authorized city board or official of appropriate jurisdiction, if
any, an administrative appeal concerning the interpretation or application of the Code provisions
upon which the alleged violation was based. However, once an issue has been determined by a
special magistrate in a specific case, that issue may not be further reviewed by a city board or
official in that specific case.
(e) Each case before a special magistrate shall be presented by a code enforcement officer or
by a duly authorized representative of the city. If the city prevails in prosecuting a case before
the special magistrate, it shall be entitled to recover all costs incurred in prosecuting the case
City of Winter Springs
Ordinance No. 2015 -17
Page 6 of 23
before the special magistrate and such costs may be included in the lien authorized under Section
2 -63.
f�' A special magistrate shall proceed to hear the cases on the agenda for that day. All
testimony shall be under oath and shall be recorded. The special magistrate shall take testimony
from the code enforcement officer and alleged violator, as well as any relevant witnesses.
relevant written evidence and documentation may also be submitted into the record. Formal
rules of evidence shall not apply, but fundamental due process shall be observed and shall govern
the proceedings. The special magistrate may exercise reasonable discretion in managing the
hearing agenda and may continue or reschedule cases to the extent reasonably necessary to
afford due process, address continuances for good cause shown, or effectively manage the case
load.
(g) At the conclusion of the hearing the special magistrate 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 and in Chapter 162, Part I, Florida Statutes. The order
shall be announced orally at the hearing and shall be reduced to writing and mailed by regular
U.S. mail to the alleged violator. The order may include a notice that it must be complied with by
a specified date and that a fine may be imposed and, under the conditions specified in Section 2-.
63, the cost of repairs may be included along with the fine if the order is not complied with by
said date. A certified copy of such order may be recorded in the public records of the 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 entered by the Special magistrate pursuant to this subsection and the order
is complied with by the date specified in the order, the Special magistrate shall issue an order
acknowledging compliance and if the original order was recorded in the public records, the order
acknowledging compliance shall likewise be recorded in the public records. A hearing is s not
required to issue such an order acknowledging compliance with the original order.
Sec. 2 -63. Administrative Fines; costs of repairs; and filing of liens.
(a) The special magistrate, upon notification by the code enforcement officer that an order of
the special magistrate or previous Code Enforcement Board has not been complied with by the
set time or, upon finding that a repeat violation has been committed, shall conduct a "Massey"
compliance hearing after notice of the hearing is provided to the violator by the code
enforcement officer. At the compliance hearing, the violator will be afforded an opportunity to
be heard on the issue of whether the violator is in compliance with the special magistrate's order,
and upon a determination of non - compliance, the special magistrate shall 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 order for compliance. In addition, if, pursuant to a finding by the special magistrate,
the violation is a violation described in Section 2- 60(e), the city may, at its discretion, make all
reasonable repairs that are required to bring the property into compliance and charge against the
violator the cost of the repairs along with the fine imposed pursuant to this section. An
accounting of the cost of repairs will be presented to the special magistrate for consideration in
such cases. Making such repairs does not create a continuing obligation on the part of the local
City of Winter Springs
Ordinance No. 2015 -17
Page 7 of 23
governing body to make further repairs or to maintain the property and does not create any
liability against the city for any damages to the property if such repairs were completed in good
faith.
A fine imposed pursuant to this section shall not exceed $250 per day for a first violation,
and, shall not exceed $500 per day for a Repeat Violation, and, in addition, may include all costs
of repairs pursuant to Subsection (a). The fine for an uncorrectable violation shall not exceed
$5,000 per violation.
Ccj In determining the amount of the fine, if any, the Special magistrate 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.
A special magistrate may reduce a fine imposed pursuant to this section before an order
imposing a fine is recorded in the public records.
Cej A certified copy of an order imposing a fine may be recorded in the public records of the
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,
the 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
pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to
this section runs in favor of the city commission and the city manager may execute a satisfaction
or release of lien entered pursuant to this section in accordance with the authority granted to the
city manager under section 2 -63.1.
f�' After three months from the filing of any such lien which remains unpaid, the special
magistrate may authorize the city attorney to foreclose on the lien or to sue to recover a money
judgment for the amount of the lien plus any accrued interest. No lien created pursuant to the
provisions of this Section may be foreclosed on real property which is a homestead under
Section 4, Article X of the State Constitution. The money judgment provisions of this Section
shall not apply to real property or personal property which is covered under Section 4(a), Article
X of the State Constitution.
Sec. 2 -63.1 Application for satisfaction, reduction, or release of code enforcement liens.
Caj Where a certified copy of an order imposing a penalty or fine, as described above in
Section 2 -63. has been recorded in the bublic records of Seminole County Florida. and
has become a lien against the land and /or property of the violator, such violator, or the
City of Winter Springs
Ordinance No. 2015 -17
Page 8 of 23
violator's successors or assigns, who has an ownership interest in the encumbered
property (collectively the "Applicant ") may apply for a satisfaction, reduction, or release,
of such lien as follows:
Upon full payment by the Applicant of the fine or penalty imposed in accordance
with this subdivision, the city manager is hereby authorized to execute and record
on behalf of the city a satisfaction of lien in the public records of Seminole
County, Florida. The Applicant shall be responsible for paying all costs of
recording.
Upon request for a reduction or release of a fine or penalty imposed in accordance
with this subdivision, the Applicant shall submit a written application to the city
manager or designee.
The application for reduction or release of lien shall be in written form, typed or
handwritten, by the Applicant and shall be submitted to the city manager, or designee.
The application shall be executed under oath and sworn to in the presence of a notary
public, and shall include, but may not be limited to, the following:
A copy of the order imposing a lien upon the property including the code
enforcement case number,
The date upon which the Applicant brought the subject property into compliance
with the Code,
The factual basis upon which the Applicant believes the application for release or
reduction of lien should be ra' nted,
The terms upon which the release or reduction of lien should be granted,
The reasons, if any, compliance was not obtained prior to the order of penalty or
fine being recorded,
The reduction in penalty or fine sought by the Applicant,
A statement verifying whether the Applicant was issued any title policy or
policies for the subject property encumbered by the lien after the date the lien was
recorded in the public records of Seminole County, Florida. If such a policy or
policies were issued to the Applicant, a copy of any such title policy shall be
submitted with the application,
Any other information which the Applicant deems pertinent to the request,
including but not limited to the circumstances that exist which would warrant the
reduction or satisfaction of the penalty or fine.
Ccj The Applicant shall submit, at the time of application, payment to the city in the amount
necessary to reimburse the city for its costs associated with recording the order imposing
a penalty or fine and the requested reduction or release of lien. These costs are
nonrefundable, without regard for the final disposition of the application.
Upon receipt of the application for reduction or release of lien and payment provided
above, the city manager or designee shall confirm through the code enforcement
department that the violation which resulted in the order imposing penalty or fine has been
City of Winter Springs
Ordinance No. 2015 -17
Page 9 of 23
brought into compliance. If the violation has been brought into compliance and there is no
current code violation upon the property in question, the city manager shall review and
consider the application. Additional information shall also be required to support the
application if the city manager deems such information is relevant and necessary to make
a final decision on the application. The city commission hereby delegates to the city
manager the authority to review and consider applications for release or reduction of liens
and make determinations as provided herein
The city manager shall review and consider the following factors in making a
determination to reduce or release the lien:
W The amount of any administrative and out -of- pocket costs incurred by the city
which are directly associated with the underlying code enforcement case and lien
including, but not limited to, code enforcement staff and attorney time, postage,
advertising and recording costs, and other city expenses related to any measure
taken by the previous code board or special magistrate or city to abate a nuisance
caused by the violation,
Q The rg avity and number of the violation(s),
The amount of the requested reduction,
Whether the Applicant was responsible for the violation which caused the lien,
Whether the Applicant is or will be a bona fide purchaser of the subject property
and is filing or has filed for a homestead exemption evidencing a desire to reside
within the City on a non - transient basis, or whether the property is or will be
acquired for investment or other purposes,
Whether the Applicant acquired the subject property with knowledge of the
subject lien,
The time in which it took to bring the property into compliance,
The accrued amount of the code enforcement fine or lien as compared to the
current market value of the property;
With respect to a speculator, non - homestead purchaser of the subject property, the
accrued amount of the code enforcement fine or lien as compared to the
investment/profit that will be gained as a result of the purchase or sale of the
property and the reduction or satisfaction,
10 Any previous or subsequent code violations pertaining to the property unless an
order finding a violation is under appeal at the time of determination;
11 Any previous or subsequent code violations of the Applicant pertaining to other
properties owned within the city, unless an order finding a violation is under
appeal at the time of determination;
12 Any relevant information contained in any title policy required to be submitted to
the city under this section,
13 Any financial hardship,
14 Any other mitigating circumstance which may warrant the reduction or
satisfaction of the penalty or fine, and
15 Any other administrative review criteria relevant to whether it is equitable to
reduce or release a lien which are adopted by the city manager, in writing, and are
intended to be applied to all applications on a uniform basis.
City of Winter Springs
Ordinance No. 2015 -17
Page 10 of 23
f�' The city manager may, in writing, approve, approve with conditions, or deny the
application to reduce or release of lien. To the maximum extent feasible, the city manager
shall collect, at a minimum, all administrative and out -of- pocket costs incurred by the city
as specified in subsection (e)(1). If the city manager approves the application and the
approval is conditioned upon the Applicant paying a reduced penalty, fine, or any other
condition, the satisfaction or release of lien shall not be prepared or recorded until the
condition (s) placed by the city manager have been satisfied.
(g) The Applicant shall have thirty (30) days in which to comply with the conditions imposed
by the city manager or submit a written appeal as provided herein. Failure of the
Applicant to comply or timely appeal will result in the automatic denial of the application
and the original amount of the fine, including costs, shall be automatically reinstated.
After the appeal time period has run or is waived by the Applicant, in writing, the city
manager may, for good cause shown, grant additional time in the form of a written
estoppel letter to a closing agent for purposes of facilitating a pending closing of the
subject property_
If the application is denied, or if the application is automatically denied due to the failure
of the Applicant to comply with the conditions imposed by the city manager or timely
appeal, the Applicant shall thereafter be barred from applying for a subsequent reduction
or release of lien for a period of one year from the date of denial. During the one -year
period, the lien may only be satisfied and released upon full payment of the fine or penalty
imposed in accordance with this subdivision.
Q The Applicant may appeal the city manager's decision to the city commission, by filing a
written appeal within thirty (30) days of the date of the decision with the city clerk. The
notice of appeal shall state the decision that is being appealed, the grounds for appeal, and
a brief summary of the relief being sought. A nonrefundable filing fee of $100 shall
accompany the notice of appeal. Upon submittal of a timely appeal and filing fee, the city
manager shall place the appeal of the determination upon the agenda of the next regularly
scheduled city commission meeting to the extent practicable. The city commission shall
render a final decision on the application based upon the sworn application and
determination of the city manager and any other relevant information or testimony
provided to the city commission at the meeting by the Applicant, city manager or any
other interested party. Any decision made by the city commission pursuant to this section
shall be deemed final and not subiect to anv further administrative review by the citv. The
Applicant shall have thirty (30) days in which to comply with any decision of or condition
imposed by the city commission or the application shall be deemed automatically denied
and thereafter, the Applicant shall be barred from applying for a subsequent reduction or
release of lien for a period of one year from the date of the city commission's decision.
During the one -year period, the lien may only be satisfied and released upon full payment
of the fine or penalty imposed in accordance with this division.
When a lien is satisfied as a result of reduced payment or release as ordered by the city
manager or city commission, the city manager is hereby authorized to execute and record
City of Winter Springs
Ordinance No. 2015 -17
Page 11 of 23
in the public records of Seminole County, Florida, a satisfaction of lien on behalf of the
city.
Under appropriate circumstances determined by the city manager or city commission to be
in the best interests of the city, the city manager or city commission may approve an
application conditioned upon a partial release of lien that releases a city lien from a
specific piece of property. However, the lien will remain in effect and will encumber any
other properties which are subject to the lien pursuant to law. Partial releases of lien may
also be authorized by the city manager or city commission to account for any funds paid to
the city to reduce the amount owned on the lien. In addition, nothing herein shall prohibit
the city manager from releasing a lien, in whole or part, which was recorded in error by
the city or foreclosed by a superior lien or mortgage in a judicial proceeding. The city
manager may impose an administrative charge to release a lien recorded in error or
foreclosed to recover the city's costs associated with the subject lien. An application shall
not be required to release a lien recorded in error.
Sec. 2 -64. Duration of lien.
No lien provided under the Local Government Code Enforcement Boards Act shall continue for
a period longer than twenty (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 city
shall be entitled to collect all costs incurred in recording and satisfying a valid lien. 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 -65. Appeal of Special magistrate's order.
An aggrieved party, including the city, may appeal a final order of a 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 special magistrate. An appeal shall be filed within 30
calendar days of the issuance of the order sought to be overturned. Failure to make such appeal
within the prescribed 30 -day period shall render the findings of the Special magistrate
conclusive, binding and final.
Sec. 2 -65.1. Provisions are supplemental.
Nothing contained in this subdivision shall prohibit the city from enforcing its Code by any other
means including, but not limited to, a summons, an arrest, a notice to appear, civil action for
injunctive relief, a stop work order or demolition. The enforcement procedures outlined in this
subdivision are cumulative to all others and shall not be deemed to be prerequisites to filing suit
for the enforcement of any section of this Code.
City of Winter Springs
Ordinance No. 2015 -17
Page 12 of 23
Sec. 2 -65.2. Additional enforcement powers.
In addition to the powers and authority given to the Special magistrate for the city pursuant to
this subdivision, the city may, in its discretion, exercise any powers given to municipalities or
their Special magistrate by Chapter 162, Florida Statutes, as amended.
Section 4. Section 2 -69.1 of the City Code Amended. That Section 2 -69.1
"Citation Procedure" of Chapter 2 "Code Enforcement" of the City Code, is hereby amended to
read, as follows (proposed additions to existing City Code text are indicated by underline and
proposed deletions from existing City Code text are shown by +attgh):
Sec. 2 -69.1. Citation procedure.
Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the
person has committed a violation of a code or ordinance and shall establish a reasonable time
period within which the person must correct the violation. Such time period shall be no more
than thirty (30) days. If, upon personal investigation, a code enforcement officer finds that a
person has not corrected the violation within the time period, a code enforcement officer shall
issue a citation to the person who has committed the violation. or r°f r the r,aRer- to the ,.ades
enf ,.,,meat beard. A code enforcement officer does not have to provide the person with a
reasonable time period to correct the violation prior to issuing a citation and shall immediately
issue a citation if the code enforcement officer has reason to believe that the violation presents a
serious threat to the public health, safety, or welfare, or if the violation is irreparable or
irreversible.
Section 5. Section 5 -5 of the City Code Amended. That Section 5 -5 "City Arbor
Division" of Chapter 5 "Tree Protection and Preservation" of the City Code, is hereby amended
to read, as follows (proposed additions to existing City Code text are indicated by underline and
proposed deletions from existing City Code text are shown by strike b„- atigh), while asterisks ( * * *)
indicate a deletion from the Ordinance of text existing in Section 5 -5. It is intended that the text in
Section 5 -5 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this ordinance):
Sec. 5 -5. City arbor division.
* **
(c) Responsibilities. The role of the city arborist shall include, but not necessarily be limited to:
* **
(6) To bring violators of this chapter before the eerie enf ,.,,mentbe -,a code enforcement
special magistrate.
* **
City of Winter Springs
Ordinance No. 2015 -17
Page 13 of 23
Section 6. Section 5 -18 of the City Code Amended. That Section 5 -18
"Enforcement; penalties" of Chapter 5 "Tree Protection and Preservation" of the City Code, is
hereby amended to read, as follows (proposed additions to existing City Code text are indicated by
underline and proposed deletions from existing City Code text are shown by strike b„- atigt, while
asterisks ( * * *) indicate a deletion from the Ordinance of text existing in Section 5 -18. It is intended
that the text in Section 5 -18 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this ordinance):
Sec. 5 -18. - Enforcement; penalties.
* **
(a) Enforcement. The city may enforce the provisions of this chapter by any lawful means
including, but not limited to, issuing a civil citation, bringing charges before the city's
code enforcement board a special magistrate maste , and seeking injunctive and
equitable relief. For purposes of determining the penalties provided under this chapter,
the removal or death of a tree in violation of this chapter shall be deemed irreparable or
irreversible.
Emma
Section 7. Article VII of Chapter 6 `Buildings and Building Regulations" of the
City Code Amended. That Article VII "Citations; Unlicensed Contractors; Failure to Obtain
Building Permit" of Chapter 6 "Buildings and Building Regulations" of the City Code, is hereby
amended to read, as follows (proposed additions to existing City Code text are indicated by
underline and proposed deletions from existing City Code text are shown by +rim awhile
asterisks ( * * *) indicate a deletion from the Ordinance of text existing in Chapter 6. It is intended
that the text in Chapter 6 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this ordinance):
* **
Sec. 6 -277. Correction of violation; payment of penalty; notice of hearing.
Upon receipt of a citation, the person charged with the violation shall elect either to:
(a) Correct the violation and pay to the city the civil penalty in the manner indicated on the
citation; or
(b) Within ten (10) days of receipt of the citation, exclusive of weekends and legal holidays,
request an administrative hearing before the city's code enforcement board special
magistrate to appeal the issuance of the citation in accordance with the procedures set
forth in this article. Any request for an administrative hearing shall be made and
delivered in writing to the city manager by the time set forth in this subsection. Failure to
request an administrative hearing in writing within the ten -day time period shall
constitute a waiver of the violator's right to an administrative hearing. A waiver of said
right shall be deemed an admission of the violation, and penalties shall be imposed as set
forth on the citation.
City of Winter Springs
Ordinance No. 2015 -17
Page 14 of 23
Sec. 6 -278. - Administrative hearings; accrual of penalties.
(a) All administrative hearings held pursuant to this article shall be conducted by the code
enforcement special magistrates in accordance with the requirements of the Local
Government Code Enforcement Boards Act.
(b) During the administrative hearing, if the violator demonstrates to the special magistrate
eade eafe- °meat board that the violation is invalid or that the violation has been
corrected prior to appearing before the special magistrate eede enter-ee ent bear-d, the
special magistrate eade eafe - °meat board may dismiss the citation unless the violation is
irreparable or irreversible, in which case the special magistrate eede enter-ee ent bear -
may order the violator to pay a civil penalty as set forth in subsection (c) below.
(c) During the administrative hearing, if the special magistrate eade eaf r-ee eat board finds
that a violation exists, the special magistrate eede enf r-eeme t bear -' may order the
violator to pay a civil penalty of not less than the amount set forth on the citation but not
more than one thousand dollars ($1,000.00) per day for each violation. In determining the
amount of the penalty, the special magistrate eade eaf r-ee eat board shall consider the
following facts:
(1) The gravity of the violation.
(2) Any actions taken by the violation to correct the violation.
(3) Any previous violations which were committed by the violator.
(d) During the administrative hearing, if the special magistrate eede enf r-eeme t bear -d finds
that the violator had not contested or paid the civil penalty set forth in the citation within
the time required in this article, the special magistrate eede enf r-eeme t bear -d shall enter
an order ordering the violator to pay the civil penalty set forth on the citation, and a
hearing shall not be necessary for the issuance of such order.
(e) All civil penalties imposed by the special magistrate eede enf r-eeme t bear -d under this
article shall continue to accrue until the violator comes into compliance or until a
judgement is rendered by a court to collect or foreclose on a lien filed under this article,
whichever occurs first, regardless of whether or not the order of the special magistrate
eerie enf ,.,,mentbe -,a sets forth this accrual requirement.
Sec. 6 -279. - Appeals of Special magistrate ,ode enfo -eement board decisions.
Any person aggrieved by a final administrative order of the special magistrate eede enf reeffien+
bear-d pursuant to this article, including the city commission, may appeal the order to the circuit
court in accordance with Section 489.127(5)(J), Florida Statutes, as may be amended or
renumbered from time to time by the Florida Legislature.
Sec. 6 -280. - Recording Special magistrate ,ode enfo -eement board orders.
City of Winter Springs
Ordinance No. 2015 -17
Page 15 of 23
A certified copy of an order of the special magistrate eade eaf re°meat baar- imposing a civil
penalty under this article may be recorded in the public records and thereafter shall constitute a
lien against any real or personal property owned by the violator. Such orders shall be enforced in
accordance with Florida law.
* **
Section 8. Section 6 -300 of the City Code Amended. That Section 6 -300
"International Property Maintenance Code Adopted" of Chapter 6 "Buildings and Building
Regulations" of the City Code, is hereby amended to read, as follows (proposed additions to
existing City Code text are indicated by underline and proposed deletions from existing City Code
text are shown by kethfetto, while asterisks ( * * *) indicate a deletion from the Ordinance of text
existing in Section 6 -300. It is intended that the text in Section 6 -300 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this ordinance):
Sec. 6 -300. International Property Maintenance Code adopted.
* **
(e) Section 106 is deleted in its entirety and replaced with the following:
(1) It shall be unlawful for any person, corporation, or other entity to be in violation of
any provision of this Maintenance Code. Violations shall constitute a public
nuisance and shall be deemed a strict liability offense.
(2) Violations of the Maintenance Code shall be prosecuted by the city by any lawful
means available including, but not limited to, actions before the code enforcement
special magistrate beardl civil code enforcement citation, and by an independent
action before a court of law. Penalties and additional city remedies for violations
hereof shall be as provided under section 1 -15 of the city code. For purposes of a
civil citation, each violation shall constitute a class IV violation.
(3) In the event that a person fails to comply with a notice of violation issued by a code
official or order rendered by the special magistrate eede enf reemei4 bear -d, the city
manager is hereby authorized to take lawful steps including, but not limited to,
instituting an appropriate proceeding at law or in equity to restrain, correct, or abate
such violation, or to require removal or termination of the unlawful occupancy of the
building in violation of this Maintenance Code. If the city causes the conditions
constituting the violation to be immediately remedied, any expenses incurred by the
city to remedy the violation including, but not limited to, contractor and material
costs, administrative overhead, attorneys fees, and other related costs shall be
assessed by lien against the property on which the violation occurs. Such assessment
liens shall be prior to all other liens on such property except the lien of state, county,
and municipal taxes and shall be in parity with the lien of such state, county and
municipal taxes. Such liens, when delinquent for more than 30 days, may be
City of Winter Springs
Ordinance No. 2015 -17
Page 16 of 23
foreclosed by the city in the manner provided by law for the foreclosure of
mortgages.
* **
Section 9. Section 9 -376 of the City Code Amended. That Section 9 -376 "Code
Enforcement Board Authority" of Chapter 9 "Land Development" of the City Code, is hereby
amended to read, as follows (proposed additions to existing City Code text are indicated by
underline and proposed deletions from existing City Code text are shown by str-iket „- atigh.-
Sec. 9 -376. Code enforcement special magistrate board authority.
As an additional means of ensuring compliance with the provisions of this article, the code
enforcement special magistrate d shall have jurisdiction and authority to hear and decide
alleged violations occurring in the corporate limits of the city. Proceedings before the special
magistrate eede enf r-eeme t bear -d shall be governed by its rules and procedures.
Section 10. Section 12 -53 of the City Code Amended. That Section 12 -53
"Abandonment of Motor Vehicles Prohibited" of Chapter 12 "Motor Vehicles and Traffic" of the
City Code, is hereby amended to read, as follows (proposed additions to existing City Code text
are indicated by underline and proposed deletions from existing City Code text are shown by
str-ike&-ettgh), while asterisks ( * * *) indicate a deletion from the Ordinance of text existing in
Section 12 -53. It is intended that the text in Section 12 -53 denoted by the asterisks and set forth in
this Ordinance shall remain unchanged from the language existing prior to adoption of this
ordinance):
Sec. 12 -53. Abandonment of motor vehicles prohibited.
* **
(e) Enforcement. When a disabled or abandoned vehicle is found to be in violation of this
section:
(1) The code inspector shall place a written notice on the vehicle's window indicating
that it is in violation of this section and that it must be removed within ten (10)
calendar days or it will be subject to removal by the city. The code inspector shall
make every reasonable attempt to ascertain the owner of the vehicle and the
owner of the property, and shall notify such owner(s) with a written notice
delivered by personal service or mail at their current address, last known address
or the address appearing on the certificate of title for the vehicle. Such notice on a
vehicle window shall not be less than eight (8) inches by ten (10) inches and shall
be fluorescent orange in color, sufficiently weatherproofed to withstand normal
exposure to the elements.
(2) Within the ten (10) calendar day period specified in the notice, the owner of the
vehicle or the owner of the property or an authorized agent may appeal to the
City of Winter Springs
Ordinance No. 2015 -17
Page 17 of 23
director of code enforcement or his /her designee. The director of code
enforcement or his /her designee shall determine the validity of the violation and
may for good cause extend the time for compliance or removal. If such an appeal
is made, no removal shall be required until after said appeal has been finally
determined.
(3) The property or vehicle owner(s) may appeal the director's or his /her designee's
final decision to the code enforcement special ma 's trat for a
determination as to whether the property is subject to removal.
(4) If no appeal is made and the disabled vehicle remains in violation after the ten
(10) calendar day period, the director or his /her designee shall cause such vehicle
to be removed to a storage facility approved by the city commission and thereafter
disposed of in accordance with applicable state law or city ordinance.
(5) The authorization in this section for towing of abandoned and disabled vehicles
shall not be construed so as to negate the authority of the special magistrate sec
enf r-eeme t bear -d to hear and adjudicate appropriate cases.
Section 11. Section 12 -77 of the City Code Amended. That Section 12 -77
"Enforcement" of Chapter 12 "Motor Vehicles and Traffic" of the City Code, is hereby amended
to read, as follows (proposed additions to existing City Code text are indicated by underline and
proposed deletions from existing City Code text are shown by strike i„- atigh):
Sec. 12-77. Enforcement.
A violation of this division shall constitute a non - criminal infraction enforceable either as a code
violation to be prosecuted by the code enforcement special magistrate Code Ea fer-ee eat Be -,a
or shall be classified as a Class I Civil Citation Violation. Uniform Traffic Citations shall only be
used for violations that are also violations of the Florida Uniform Traffic Control Law.
Section 12. Section 13 -4 of the City Code Amended. That Section 13 -4 "Procedure
for City Enforcement of Non - Imminent Hazards" of Chapter 13 "Nuisances" of the City Code, is
hereby amended to read, as follows (proposed additions to existing City Code text are indicated by
underline and proposed deletions from existing City Code text are shown by str4kethfetigh4:
Sec. 13 -4. Procedure for city enforcement of non - imminent hazards.
In cases involving nuisance or hazardous conditions which require direct governmental action to
abate a serious and continuing danger to the public or occupants, including attractive nuisance
cases, and where the property owner or tenant fails to heed the notices and enforcement efforts
made by the city pursuant to Chapter 13, Article I, but where the emergency nature of the
dangers to the public is not so extreme as to warrant dispensing without notice to the property
owner(s), then the city enforcement officials shall proceed to:
City of Winter Springs
Ordinance No. 2015 -17
Page 18 of 23
(1) Give notice, which may be combined with notice from the code enforcement Special
magistrate eade ea fe - °meat board statement of violation and notice of hearing, which
informs the property owner that an order will be sought from the special magistrate 60de
eaf re °meat board for city work or contracted work to repair or secure the property. The
notice will prominently inform the property owner that failure to repair the property or
follow the special magistrate's eade eaf r-ee eat bear-d!&-orders may result in city work
which shall be charged as a lien against the property. The notice will describe the
conditions found by the enforcement officer to constitute a hazard or nuisance. The notice
will generally inform the property owner of the work or repairs to be done which will
correct the nuisance or hazardous condition(s).
(2) If the owner still fails to cure the condition(s) by the time set for special magistrate sec
enf ,.,,m ent be -,a hearing pursuant to the above - detailed notice, then the enforcement
officer shall submit proof at the special magistrate eade efifer- eemeat bear Ad hearing
concerning the degree of danger of the condition(s) to the public and the property owner's
inability or unwillingness to cure such dangers, thus necessitating public action to repair
or secure property. The special magistrate ' eede e~fer -ee ~ ent bear- may render its order
requiring the city to perform such work as is necessary to secure the property or to render
it safe.
(3) The enforcement officer shall take such action as has been authorized by the special
magistrate eade eaf r- eemeat be -,a to secure the property or render it safe, including the
letting of contracts, pursuant to city purchasing requirements, to repair or remove
dangerous conditions and items. The costs and expenses of such work shall be a lien upon
the property, which lien may be enforced by suit at law or upon proceeding in chancery.
(4) Liens for such city contracted work shall be co -equal with all state, county and municipal
taxes and shall be superior in dignity to all other liens, titles and claims until paid.
(5) Nothing in this section shall be construed to require city work to be done or to imply a
duty by the city to fix conditions which are the legal responsibility of the owner(s) of the
property. This section is supplementary to city and special magistrate cede - board
authority to order the property owner to remedy nuisance conditions.
Section 13. Section 13 -39 of the City Code Amended. That Section 13 -39
"Penalties" of Chapter 13 "Nuisances" of the City Code, is hereby amended to read, as follows
(proposed additions to existing City Code text are indicated by underline and proposed deletions
from existing City Code text are shown by strike b„- atigh), while asterisks ( * * *) indicate a deletion
from the Ordinance of text existing in Section 13 -39. It is intended that the text in Section 13 -39
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this ordinance):
Sec. 13-39. Penalties.
* **
City of Winter Springs
Ordinance No. 2015 -17
Page 19 of 23
(b) Any person who willfully or knowingly violates a notice of noise abatement issued by a
noise control officer or an order of a court or code enforcement special magistrate board
ordering abatement of noise shall be fined for each day in violation of said notice or order
a sum of five hundred dollars ($500.00).
(c) Notwithstanding the civil fine provisions set forth in subsections (a) and (b), a person
shall be subject to arrest by a law enforcement officer for violating the provisions of this
article under the following circumstances:
(1) The person willfully or knowingly violates, disobeys, neglects, or refuses to
comply with any of the provisions of this article as expressly ordered by the code
enforcement special magistrate board or a court of competent jurisdiction for
purposes of abating future noise disturbances; or
(2) The person willfully or knowingly violates, disobeys, neglects, or refuses to
comply with an order of a law enforcement officer to abate a noise disturbance
that constitutes a repeat violation, as defined by section 162.04, Florida Statutes;
or
(3) The person willfully or knowingly violates the provisions of this article and
creates a noise disturbance that causes harm to or immediately threatens life
and /or property or threatens an immediate breach of the peace.
Violations under this subsection (c) shall be prosecuted in the same manner as
misdemeanor offenses. Upon conviction, the person shall be punished by a fine in an
amount not less than two hundred fifty dollars ($250.00) and not to exceed five hundred
dollars ($500.00), or imprisonment in the county jail for a period not to exceed sixty (60)
days, or both.
* **
Section 14. Section 13 -41 of the City Code Amended. That Section 13 -41
"Immediate Threat to Health and Welfare" of Chapter 13 "Nuisances" of the City Code, is
hereby amended to read, as follows (proposed additions to existing City Code text are indicated by
underline and proposed deletions from existing City Code text are shown by strike b„- atigh4, while
asterisks ( * * *) indicate a deletion from the Ordinance of text existing in Section 13 -41. It is
intended that the text in Section 13 -41 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this ordinance):
Sec. 13 -41. Immediate threat to health and welfare.
* **
(b) Any person subject to an order issued pursuant to subsection (a) shall comply with such
order until:
City of Winter Springs
Ordinance No. 2015 -17
Page 20 of 23
(1) The sound is brought into compliance with the order, as determined by the noise
control officer; or
(2) A judicial or code enforcement special magistrate board order has superseded the
noise control officer's order.
* **
Section 15. Section 17 -124 of the City Code Amended. That Section 17 -124
"Suspension of Use of City Park" of Chapter 17 "Streets, Sidewalks and Other Public Places" of
the City Code, is hereby amended to read, as follows (proposed additions to existing City Code
text are indicated by underline and proposed deletions from existing City Code text are shown by
str-ike&-ettgh), while asterisks ( * * *) indicate a deletion from the Ordinance of text existing in
Section 17 -124. It is intended that the text in Section 17 -124 denoted by the asterisks and set forth
in this Ordinance shall remain unchanged from the language existing prior to adoption of this
ordinance):
Sec. 17 -124. Suspension of use of city park.
* **
(b) A person's privilege to use a city park or any facility therein may be suspended by the
chief of police or the city's parks and recreation director when the person has been found
guilty of violating any provision of this article on more than two (2) occasions within a
three -year period. For purposes of this section, the term "guilty" shall include a plea of
nolo contendere, voluntary payment of a citation issued in accordance with this article, or
an adjudication of guilt by a court of law or code enforcement special magistrate bear-d.
The first suspension shall be for a period of up to ninety (90) days, and each additional
suspension thereafter, the suspension period shall be for up to ninety (90) days per
applicable offense, not to exceed two (2) consecutive years for any one (1) suspension.
* **
Section 16. Section 19 -30 of the City Code Amended. That Section 19 -30
"Enforcement Board" of Chapter 19 "Utilities" of the City Code, is hereby amended to read, as
follows (proposed additions to existing City Code text are indicated by underline and proposed
deletions from existing City Code text are shown by +s4attgh):
Sec. 19 -30. - Enforcement board.
The city may enforce this article through the city code enforcement provisions bid in addition to
any circuit court proceedings or other penalties provided herein. In any proceedings before the code
enforcement special magistrate beafd, the director shall serve as the code inspector. The Special
magistrate eade eaf r-ee board
eat shall have the authority to levy fines in excess of the charges
and penalties provided for in this article.
City of Winter Springs
Ordinance No. 2015 -17
Page 21 of 23
Section 17. Section 19 -175 of the City Code Amended. That Section 19 -175
"Enforcement, Penalties and Legal Proceedings" of Chapter 19 "Utilities" of the City Code, is
hereby amended to read, as follows (proposed additions to existing City Code text are indicated by
underline and proposed deletions from existing City Code text are shown by sue attgh), while
asterisks ( * * *) indicate a deletion from the Ordinance of text existing in Section 19 -175. It is
intended that the text in Section 19 -175 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this ordinance):
Sec. 19 -175. - Enforcement, penalties and legal proceedings.
(a) The city may enforce the provisions of this article by any lawful means including, but not
limited to, issuing a civil citation, bringing charges before the city's code enforcement
board or speei ' maste special magistrate, and seeking injunctive and equitable relief.
* **
(d) In addition to any fines which may be imposed by the City of Winter- Springs special
magistrate Cede Enf r-eeme t Bear', persons responsible for violation of this article shall
be liable for all sampling and analytical costs incurred in monitoring the discharge, and
state and /or federal fines imposed as a result of the discharge and costs of removing or
properly treating the discharge.
* **
Section 18. Section 20 -438 of the City Code Amended. That Section 20 -438
"Parking vehicles in residential front yards and on sidewalks prohibited" of Chapter 20 "Zoning"
of the City Code, is hereby amended to read, as follows (proposed additions to existing City Code
text are indicated by underline and proposed deletions from existing City Code text are shown by
str-ike&-ettgh), while asterisks ( * * *) indicate a deletion from the Ordinance of text existing in
Section 20 -438. It is intended that the text in Section 20 -438 denoted by the asterisks and set forth
in this Ordinance shall remain unchanged from the language existing prior to adoption of this
ordinance):
Sec. 20 -438. - Parking vehicles in residential front yards and on sidewalks prohibited.
* **
(c) A violation of this section may be prosecuted before the code enforcement special
magistrate board or shall be classified as class I civil citation violation.
Section 19. Abolishment of Code Enforcement Board. The City of Winter Springs
Code Enforcement Board created by Section 2 -56 of the Winter Springs City Code shall be
abolished on the effective date of this ordinance.
City of Winter Springs
Ordinance No. 2015 -17
Page 22 of 23
Section 20. Transfer of Pending Cases. All cases pending before the City of Winter
Springs Code Enforcement Board on the effective date of this ordinance shall be transferred to
the special magistrate(s) designated by this ordinance.
Section 21. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 22. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter and any heading may
be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
and like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 23. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Ordinance.
Section 24. Effective Date. This Ordinance shall become effective JANUARY 1,
2016.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on this day of , 2015.
Charles Lacey, Mayor
ATTEST:
Andrea Lorenzo - Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading:
Legal Ad Published:
Effective Date:
City of Winter Springs
Ordinance No. 2015 -17
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