HomeMy WebLinkAbout07-14-2004 Removal from Code Enforcement BoardBROWN, GARGANESE, WEISS & UAGRESTA, P.A.
Attorneys at Lazy R E C E I VE p
Usher L. BrownOffices in Orlando, Mssirmnee, Debra S. Babb-Nutcher
JULJeffrey P. Buak° Cocoa & Viera 5 2004 Joseph E. Blitch
Suzanne D'Agresta° John U. Biedenharn, Jr.
Anthony A. Garganese° CITY OF WINTERLisa M. Fletcher
H
John H. Ward' OFFICE OF E CITyRINGB
Jeffrey S. Weiss CLERk(atherine Latorre
— Melanie A. Mucario
Michelle A. Reddin
'Board Certified Civil Trial Lawyer Erin J. O'Leary
°Board Certified City, County & Local Government Law J. W. Taylor
Of Counsel
July 14, 2004
Via Facsimile &Mail
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Removal from Code Enforcement Board
City of Winter Springs - General #1193
Dear Andrea:
This correspondence is in response to your inquiry regarding whether state law or
local ordinance applies to the removal of Code Enforcement Board members from office
due to absences at board meetings.
Chapter 2, Article III, of the City Code provides general regulations regarding
boards, committees, and commissions. Specifically, section 2-42(f) addresses board
member absences, and provides that unless otherwise provided by state or federal law,
any board or committee member incurring three (3) consecutive absences from any
regularly scheduled meeting of the board or committee, or seven (7) absences from any
meeting of the board or committee within a 12-month period shall be deemed automatically
removed from the respective board or committee in which the absences have occurred.
(Emphasis added).
Chapter 162, Florida Statutes, entitled County or Municipal Code Enforcement,
however, specifically addresses absences of Code Enforcement Board members in section
162.05(3)(e). This section provides that if "any member fails to attend two of three
successive meetings without cause and without prior approval of the chair, the
enforcement board shall declare the member's office vacant, and the local governing body
225 East Robinson Street, Suite 660 • P.O. Box 2873.Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net • Email: firm@orlandolaw.net
Andrea Lorenzo-Luaces, City Clerk
July 14, 2004
Page 2
shall promptly fill such vacancy." (Emphasis added). Thus, since there is a state statute
speaking directly to the subject, it is my belief that the statute controls and that the Code
Enforcement Board is required by law to remove a member of its board after he or she has
missed two of three successive meetings.
Please contact my office should you have any further questions or concerns
regarding this matter.
Ve rul yours,
Anthony A. Garganese
City Attorney
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