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HomeMy WebLinkAbout2015 10 26 Public Hearings 501 Ordinance 2015-22, Second Reading, Code Enforcement Procedures/Optional Special MagistrateCOMMISSION AGENDA ITEM 501 REQUEST: Informational Consent Public Hearings X Regular October 26, 2015 KS Regular Meeting City Manager Department The City Attorney requests that the City Commission consider on Second Reading Ordinance No. 2015 -22, which comprehensively updates and modifies the City's code enforcement procedures and requirements including, but not limited to, establishing an optional special magistrate system of enforcing certain code violations in addition to using a code enforcement board system. 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's code enforcement code has not been comprehensively updated since around 1974. Ordinance No. 2015 -22 proposes to comprehensively modify and update the City's code enforcement procedures and requirements including creating an optional special magistrate code enforcement system in addition to the existing code enforcement board system. The code enforcement board will continue to serve the City. However, the special magistrate system will be used in the future for certain cases as authorized by the City Commission under this Ordinance. CONSIDERATIONS: 1. The enforcement of City Codes and ordinances is primarily governed by Chapter 162, Florida Statutes. Chapter 162, Florida Statutes authorizes several alternative and supplemental systems 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 can simultaneously use one or more of these systems. Public Hearings 501 PAGE 1 OF 3 - October 26, 2015 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 (approx. circa 1974 based on editor notes in the City Code). 3. The proposed Ordinance updates the City's code enforcement procedures consistent with Chapter 162, Florida Statutes and applicable case law. 4. 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. The proposed Ordinance supplements the existing code enforcement board system of enforcing City Codes by establishing an optional special magistrate system of enforcing City Codes in certain cases. The existing code enforcement board system will remain in place. 5. Under the proposed Ordinance, a special magistrate will handle code enforcement cases expressly required by the City Code, or cases noticed for hearing by a code enforcement officer, provided the city manager has authorized the code enforcement officer to notice a particular case before a special magistrate. All other cases will be handled by the code enforcement board or by civil citation. 6. Regarding the optional special magistrate system, the Ordinance provides 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. A special magistrate will be appointed at a later date when the appointment becomes necessary. 7. The powers of the special magistrate are set forth in the Ordinance, but are generally the same powers exercised by the code enforcement board. 8. The City Manager, Police Chief and City Attorney recommend the proposed Ordinance. 9. On October 12, 2015, the City Commission passed the proposed Ordinance on first reading. 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 if necessary in the future. The fees will depend on the future negotiated rate and the case load handled by the special magistrate. Public Hearings 501 PAGE 2 OF 3 - October 26, 2015 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. RECOMMENDATION: The City Manager, Police Chief, and City Attorney recommend that the City Commission pass Ordinance No. 2015 -22 on Second Reading. ATTACHMENTS: Ordinance 2015 -22 Public Hearings 501 PAGE 3 OF 3 - October 26, 2015 ORDINANCE NO. 2015 -22 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; COMPREHENSIVELY AMENDING THE CITY'S CODE ENFORCEMENT PROCEDURES; 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 update the City's code enforcement procedures and to authorize the use of a special magistrate in certain 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. 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 Board and Special Magistrate ". That new Subdivision A entitled "Code Enforcement Board and Special Magistrate" of Division 2 "Code Enforcement" of Chapter 2 "Administration" of the Code City of Winter Springs Ordinance No. 2015 -22 Page 1 of 21 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. 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 creation of a code enforcement board and 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. The code enforcement board and designated special magistrates shall have the same status under Chapter 162, Part 1, Florida Statutes, and this subdivision. 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 any 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_: City Manager means the city manager or the acting city manager in the city manager's absence or the city manager's designee, who shall be required to be so designated by the city manager in writing. 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 Board shall be a board created pursuant to Section 2 -58(a) of this subdivision. Code Enforcement Offlicer 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 pursuant to Section 2 -58 of this subdivision. 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. City of Winter Springs Ordinance No. 2015 -22 Page 2 of 21 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. Code Enforcement Board and Special Magistrates. (a) Code Enforcement Board. The code enforcement board shall consist of seven (7) members to be appointed by the city commission to seats numbered one (1), two (2), three (3), four (4), five (5), six (6) and seven (7) in accordance with section 2 -41 of the City Code. Appointments to the board shall be on the basis of experience or interest related to the subject matter jurisdiction of the board. The membership of the code enforcement board shall be limited to residents of the City, and whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor and a realtor or as otherwise provided by law. (2) The members of the code enforcement board shall elect a chairman from among its members who shall be a voting member. The presence of four (4) or more members shall constitute a quorum of the enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage and per diem expenses as may be authorized by the city commission or otherwise as provided by law. (3) The members of the code enforcement board shall serve in accordance with the City Code and may be suspended and removed for cause as provided in section 2 -41 of the City Code. In addition, if any member fails to attend two of three successive meetings without cause and without prior approval of the chair, the code enforcement board shall declare the member's office vacant and refer the vacancy to the city commission who shall promptly fill the vacancy_ (4) Unless a code enforcement case has been assigned to a special magistrate in accordance with Section 2- 58(b)(5), or subject to a civil citation pursuant to subdivision B of this division 2, or otherwise being prosecuted by the City pursuant to some other lawful means, code enforcement officers shall notice code enforcement cases before the code enforcement board. (5) Unless otherwise directed by the City Commission, the City Attorney's office shall serve as counsel to the code enforcement board. (b) Special Magistrates. (1) 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 subject matter jurisdiction of the violations. City of Winter Springs Ordinance No. 2015 -22 Page 3 of 21 Appointments shall be made for a term of one (1) vear and may be renewed annually. 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. (3) 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_ (4) 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. (5) Special magistrates shall handle code enforcement cases expressly required by the City Code, or cases noticed for hearing by a code enforcement officer, provided the city manager has authorized the code enforcement officer to notice a particular case before a special magistrate. (c) Jurisdiction. Once jurisdiction of the code enforcement board system or special magistrate system is invoked for a particular code enforcement violation, jurisdiction regarding the violation shall remain with the system invoked until the violation has been finally adjudicated. Jurisdiction shall be determined by delivery of a notice of violation to the violator which identifies whether the violation will proceed to a hearing under the code enforcement board system or a special magistrate system. It is the intent and purpose of this subsection to prohibit a particular code enforcement violation from proceeding under two different code enforcement systems. Sec. 2 -59. Powers of code enforcement board and special magistrates. The code enforcement board and Special magistrates shall have the power to: (a) Hear and decide violations of the Code. (b) Adopt rules for the conduct of hearings. City of Winter Springs Ordinance No. 2015 -22 Page 4 of 21 (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. Sec. 2 -60. Enforcement procedures. (a) Code enforcement officers shall have the authority to initiate code enforcement proceedings as provided in this subdivision. The Code Enforcement Board and 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 code enforcement board or special magistrate, as applicable, 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. (d) If a Repeat 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 code enforcement board or special magistrate, as applicable, and request a hearing. The case may be presented to the code enforcement board or 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 code enforcement board or special magistrate retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat Violator. (e) 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. City of Winter Springs Ordinance No. 2015 -22 Page 5 of 21 f�' If the owner of property that is subject to an enforcement proceeding before the code enforcement board or special magistrate transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall: 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 code enforcement board or special magistrate, as applicable, of the transfer of the property, with the identity and address of the new owner and cobies 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 code enforcement board or special magistrate, as applicable, or the code enforcement officer, notice may also be served by publication or posting as follows: City of Winter Springs Ordinance No. 2015 -22 Page 6 of 21 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 Chapter 50, Florida Statutes, for legal and official advertisements. Proof of publication shall be made as provided in §§ 50.041 and 50.051, Florida Statutes. In lieu of publication as described in Subsection (1) above, such notice may be hosted 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 cobv of the notice hosted 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). Ccj 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. (a) Upon request of the code enforcement officer, or at such other times as may be necessary, the code enforcement board or special magistrate, as applicable, may call a hearing. Minutes shall be kept of all hearings, 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 to conduct the hearing. The city clerk shall serve as clerk to the code enforcement board or special magistrate as it serves as clerk to the city commission unless the city manager determines otherwise. 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 or as needed basis or upon the request of the code enforcement board or special magistrate, as applicable. 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 code enforcement board or special magistrate at least five (5) calendar days prior to the date set for hearing. A code enforcement board or 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 City of Winter Springs Ordinance No. 2015 -22 Page 7 of 21 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 code enforcement board or special magistrate in a specific case, that issue may not be further reviewed by a city board or official in that specific case. Cej Each case before a code enforcement board or 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 code enforcement board or special magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the code enforcement board or special magistrate and such costs may be included in the lien authorized under Section 2 -63. f�' A code enforcement board or 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 code enforcement board or 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 code enforcement board or 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 code enforcement board or 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 code enforcement board or special magistrate pursuant to this subsection and the order is complied with by the date specified in the order, the code enforcement board or 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 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 code enforcement board or special magistrate, as applicable, upon notification by the code enforcement officer that an order of the special magistrate or 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 City of Winter Springs Ordinance No. 2015 -22 Page 8 of 21 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 code enforcement board or 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 code enforcement board or 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 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. (c) In determining the amount of the fine, if any, the code enforcement board or special magistrate shall consider the following factors: (1) The rg avity of the violation, (2) Any actions taken by the violator to correct the violation, and (3) Any previous violations committed by the violator. A code enforcement board or special magistrate may reduce a fine imposed pursuant to this section before an order imposing a fine is recorded in the public records. (e) 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 jud mg ent 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. M 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 City of Winter Springs Ordinance No. 2015 -22 Page 9 of 21 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 -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 Code Enforcement Board or Special magistrate's order. An aggrieved party, including the city, may appeal a final order of the code enforcement board or 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 code enforcement board or 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 code enforcement board or 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. Sec. 2 -65.2. Additional enforcement powers. In addition to the powers and authority_ given to the code enforcement board or special magistrate for the city pursuant to this subdivision, the city may, in its discretion, exercise any powers given to municipalities or their code enforcement board or 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 City of Winter Springs Ordinance No. 2015 -22 Page 10 of 21 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 code enforcement board or special magistrate. * ** 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 +ri�atwhile 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): City of Winter Springs Ordinance No. 2015 -22 Page 11 of 21 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 or special magistrate master, 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 or 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. Sec. 6 -278. - Administrative hearings; accrual of penalties. (a) All administrative hearings held pursuant to this article shall be conducted by the code enforcement board or special magistrate in accordance with the requirements of the Local Government Code Enforcement Boards Act. City of Winter Springs Ordinance No. 2015 -22 Page 12 of 21 (b) During the administrative hearing, if the violator demonstrates to the code enforcement board or special magistrate that the violation is invalid or that the violation has been corrected prior to appearing before the code enforcement board or special magistrate, the code enforcement board or special magistrate may dismiss the citation unless the violation is irreparable or irreversible, in which case the code enforcement board or special magistrate may order the violator to pay a civil penalty as set forth in subsection (c) below. (c) During the administrative hearing, if the code enforcement board or special magistrate finds that a violation exists, the code enforcement board or special magistrate 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 code enforcement board or special magistrate 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 code enforcement board or special magistrate 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 code enforcement board or special magistrate 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 code enforcement board or special magistrate 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 code enforcement board or special magistrate sets forth this accrual requirement. Sec. 6 -279. - Appeals of code enforcement board or special magistrate decisions. Any person aggrieved by a final administrative order of the code enforcement board or special magistrate 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 code enforcement board or special magistrate orders. A certified copy of an order of the code enforcement board or special magistrate 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. City of Winter Springs Ordinance No. 2015 -22 Page 13 of 21 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 laugh, 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 board or special magistrate, 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 code enforcement board or special magistrate , 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 foreclosed by the city in the manner provided by law for the foreclosure of mortgages. * ** City of Winter Springs Ordinance No. 2015 -22 Page 14 of 21 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-ikethfetfgh: 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 board or special magistrate shall have jurisdiction and authority to hear and decide alleged violations occurring in the corporate limits of the city. Proceedings before the code enforcement board or special magistrate 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 strike h- atigi) 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 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. City of Winter Springs Ordinance No. 2015 -22 Page 15 of 21 (3) The property or vehicle owner(s) may appeal the director's or his /her designee's final decision to the code enforcement board or special magistrate 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 code enforcement board or special magistrate 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 +attgh): 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 board or special magistrate, 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 str-iket „- atigh): 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: (1) Give notice, which may be combined with notice from the code enforcement board or special magistrate statement of violation and notice of hearing, which informs the property owner that an order will be sought from the code enforcement board or special magistrate for city work or contracted work to repair or secure the property. The notice City of Winter Springs Ordinance No. 2015 -22 Page 16 of 21 will prominently inform the property owner that failure to repair the property or follow the code enforcement board's or special magistrate 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 eerie enf ,.effi ntbe -,a hearing pursuant to the above - detailed notice, then the enforcement officer shall submit proof at the eerie en fer-ee ent beard- 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 code enforcement board or special magistrate 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 code enforcement board or special magistrate 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 code enforcement board or special magistrate 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. * ** (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 board or special magistrate 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). City of Winter Springs Ordinance No. 2015 -22 Page 17 of 21 (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 board or special magistrate 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: (1) The sound is brought into compliance with the order, as determined by the noise control officer; or (2) A judicial or code enforcement board or special magistrate order has superseded the noise control officer's order. * ** City of Winter Springs Ordinance No. 2015 -22 Page 18 of 21 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 strike h- atigi,) 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 board or special magistrate. 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 str-iket „- atigh4: Sec. 19 -30. - Enforcement board. The city may enforce this article through the city code enforcement provisions board in addition to any circuit court proceedings or other penalties provided herein. In any proceedings before the code enforcement board or special magistrate, the director shall serve as the code inspector. The code enforcement board or special magistrate shall have the authority to levy fines in excess of the charges and penalties provided for in this article. 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 +ri attgh), while asterisks ( * * *) indicate a deletion from the Ordinance of text existing in Section 19 -175. It is City of Winter Springs Ordinance No. 2015 -22 Page 19 of 21 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 special maste magistrate, and seeking injunctive and equitable relief. * ** (d) In addition to any fines which may be imposed by the code enforcement board or special magistrate, 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 strike h- atigi,) 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 board or special magistrate or shall be classified as class I civil citation violation. Section 19. 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 20. 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. City of Winter Springs Ordinance No. 2015 -22 Page 20 of 21 Section 21. 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 22. Effective Date. This Ordinance shall become effective immediately upon adoption pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 26th day of October, 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: October 12, 2015 October 15, 2015 October 26, 2015 City of Winter Springs Ordinance No. 2015 -22 Page 21 of 21 EXHIBIT "A" Sec. 2-ris - Fl„"t:on of o ff:emi 9 rempensafieni expens Sec. 22-5.9, - Code ee %GF. , du%o„" Page 1 Page 2 Page 3 Page 4 Page 5 THURSDAY, OCTOBER 15, 2015 a Sentinel reserves the right to classify, edit, reject, or cancel any ad. We do attempt to alphabetize ads dividual classifications; however, we do not guarantee alphabetical placement, nor do we authorize r advertisements not alphabetized. The newspaper reserves the right to revise advertising rates and/ at any time. Current contract holders will be notified in writing 30 days prior to a rate adjustment mtracts are subject to this policy. Orlando Sentinel does not guarantee response. Hallow; Emaili ptu dd to ll$ I or correct an in- column ad call 800 - 669 -5757 Ads can also be emailed to us using the addresses fice hours. Cancellation numbers will be issued listed below. Please note they are listed by ,le of cancellation of the ad. This is your record category of business. Or, you can place your ad lation. online at oriandosentinel.com/advertise. merits will cmmHW Celebrations: celebrations @©riandoserltinel,com ur ad for errors the first day. Orlando Sentinel General Classified: classified _ad @orlandosentinel.com Obituaries & In- Memoriamv. notices @uriandosentinelcom ;ponsible for the first incorrect Insertion and Help wanted: hw @oriandosentinei.com r extent than the cost of the space occupied Legal- classified _legal @oriandosentinelcom or. The publisher assUlitles no financial Real Estate: re @orlandosentinel.com Iillty for errors Of omission of type. Transportation: trans @oriandosentinel.com INVITATION TO BID Walker & Company /Forte Young Inc. is soliciting subcontractor, vendor, certified M/WBE and certified LOB proposals for the construction of Carver Middle School for Orange County Public Schools. All bids are to be submitted to Walker/ FYI no later than: 2:00PM Thursday October 22, 2015 by e-mail, fax (407 - 645.5188) or delivered to: 931 N. Pennsylvania Ave, Winter Park, Florida 32789. Contract documents are available for review at Walker & Company office or purchase at Thomas Reprographics (407 - 647.3034). Digital copies are available by request with formal invitation from Walker & Company. A pre -bid meeting /site walk through is scheduled for 3:OOPM on Wednesday October 14, 2015 and is open to all interested parties. Attendance is strongly encouraged for all interested site and demolition contractors. School address is: 4500 Columbia Street, Orlando, Florida. For additional information /or assistance contact Walker & Company at 407 -645- 0500. Walker /FYI reserves the right to reject any and all bids, waive informalities and irregularities in bidding and to accept bids which are considered by Walker /FYI to be in the best interest of the project. License #GCC058211 Equal Opportunity Employer 053638280 10/4/4015, WM015, IM1/1015, 10/15/2015 PUBLIC NOTICE School Board Meeting for Legacy of Osceola and Heritage of Osceola, Purpose: Election of new board members. Wednesday, October 21st at 8:OOPM EST. Dial -In Number: (641 ) 715 -3580 Access Code: 998 -353 OS3656991 10/9- 11120/2015 ONLINE Go to OriandoSentinel.com/ advertise to order and pay for your Orlando Sentinel ( Inccifinrf r„4 nl l;n A,,.,_ NOTICE OF PUBLIC HEARING-CITY OF WINTER SPRINGS CE THE IC TYSCOMMI$ ION IPROPOSES ITO CONSIDER: ORDINANCE 2015 -22 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER. SPRINGS, SEMINOLE COUNTY, FLORIDA; COMPREHENSIVELY AMENDING THE CITY'S CODE ENFORCEMENT PROCEDURES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SERVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARING FOR SECOND READING WILL BE HELD ON MONDAY, OCTOBER 26, 2015 AT 6:00 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinance may be Inspected by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327 -1800, Extension 227. Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327 -1800, Extension 236. These are public hearings. If you decide to appeal any recommendation/ decision made by the City Commission With respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure That a verbatim record of the proceedings is made upon which the appeal is based. Interested parties are advised than they may appear at The meeting and be heard with respect to the Proposed ordinance. LOOK FOR ORLANDO SENTINEL CLASSIFIEDS in the Classified section on Thursday and Friday, Drive on Saturday and in Career - builder. Homes and Drive nn 320, Orlando, FL 32801.- The meeting is open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts. This meeting may be continued to a date, time, and place to be specified on the record at the meeting. Any Person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (407) 841 -5524 at least forty - eight (48) hours prior to the meeting. If you are hearing or speech impaired, Please contact the Florida Relay Service 1- 800- 955 -8770, for aid in contacting the District Office. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. George S. Flint District Manager Governmental Management Services - Central Florida, LLC 053667463 10/15Y1015 DOES YOUR HOUSE NEED REPAIRS? LWWK VTN'S Find a repairman in the Community Bulletin Board in the Orlando Sentinel Classifieds.