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HomeMy WebLinkAboutOrdinance 226 Code Enforcement Board ORDINANCE NO. 226 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, CREATING A CODE ENFORCEMENT BOARD PURSUANT TO THE NEWLY CREATED PART V OF CHAPTER 166 OF THE FLORIDA STATUTES; PROVIDING FOR ORGANIZATION OF THE BOARD; PROVIDING ENFORCEMENT PROCEDURES AND HEARINGS ; PRO- VIDING FOR THE POWERS OF THE BOARD WHICH INCLUDES THE ASSESSMENT OF FINES; PROVIDING FOR APPEAL; SEVER- ABILITY; CONFLICTS AND EFFECTIVE DATE. WHEREAS, the legislature of the State of Florida has created Part V of Chapter 166 of the Florida Statutes authorizing every municipality throughout the State of Florida to create a Code Enforce- ment Board to promote, protect and improve the health, safety and welfare of the citizens of the municipalities of this State by pro- viding an equitable, expeditious, effective and inexpensive method of enforcing the various occupational license, fire, building, zoning, sign and related technical codes in force in said municipalities, and; WHEREAS, the City Council of the City of Winter Springs, Florida, has determined it to be in the best interests of the citizens of Winter Springs, Florida, to create a Code Enforcement Board pursuant to the terms of Part V of Chapter 166 of the Florida Statutes. NOW, THEREFORE, the City of Winter Springs hereby ordains: SECTION I - That the City of Winter Springs, Florida does herewith and does hereby create a Code Enforcement Board pursuant to the terms of Part V of Chapter 166 of the Florida Statutes. SECTION II - That said Code Enforcement Board shall consist of six members to be appointed by the City Council. The members of said board shall be residents of the municipality and appointments to the board shall be in accordance with the terms of the City Charter on the basis of experience or interest in the fields of zoning and buildinq control and whenever possible the membership shall consist of an architect, a businessman, an engineer, a general contractor, a sub- contractor and a realtor. SECTION III - That the initial appointments to the enforce- ment board shall be as follows: (a) two members appointed for a term of one year; (b) two members appointed for a term of two years and; (c) two members appointed for a term of three years. Thereafter all appointments shall be made for a term of three years and any member may be reappointed from term to term upon approval of the City Council. Appointments to fill any vacancy on the enforcment board shall be for the remainder of the unexpired term of office. Any member who fails to attend two of three successive meetings without cause and without prior approval of the Chairman shall automatically forfeit his appoint- ment, and the City Council shall promptly fill such vacancy. The members shall serve in accordance with the City Charter and may be revoked as provided in the City Code of Ordinances for removal of members of City Boards. SECTION IV - Members of the enforcement board shall elect a chairman and the presence of four or more members shall constitute a quorum of the enforcement board. Members shall serve without com- pensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the City Council. SECTION V - There shall be a code inspector who may be any authorized agent or employee of the City of winter Springs, Florida, and it shall be his duty to insure code compliance and to initiate enforcement proceedings. No member of the Code Enforcement Board shall have the power to initiate such enforcement proceedings. If it is determined that there has been a violation of the codes of the City of Winter Springs, Florida, the code inspector shall notify the vio- lator and give him a reasonable time to correct said violation. Should the violation continue beyond the time! specified for correction, the code inspector shall notify the enforcement board and request a hearlng pursuant to the procedure hereinafter established. Written notice shall be mailed to said violator by certified mail, return receipt requested. Where mail would not be effective, notice shall be by hand delivery by the code inspector. Notwithstanding the above, in the event the code inspector has reason to believe a violation presents a serious threat to the public health, safety and welfare, said code inspector may pro- ceed directly to the hearing procedure hereinafter provided for without any notification to the violator. SECTION VI - Hearings of the Code Enforcement Board may be called by the chairman of said board or by written notice signed by at least three members of the board. Future hearings may be set at any hearing of the enforcement board. The Code Enforcement Board should attempt to convene at least once every two months, but may meet more or less often as the demand necessitates. Minutes shall be kept of all hearings by the enforcement board and all hearings shall be open to the public. The City Council shall provide clerical and ad- ministrative personnel as may be reasonab1y required by the enforcement board for the proper performance of its duties. A member of the administrative staff of the city of Winter Springs to be appointed by the City Council shall present each case before the Code Enforcement Board. The testimony presented to the Code Enforcement Board shall be under oath and shall be recorded. The Board shall take testimony from the code inspector and the alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern said proceedings. At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record, and conclusions of law and shall issue an order affording the proper relief consistant with powers granted herein. The finding shall be by motion approved by a majority of those present and voting, except that at least three members of the enforcement board must vote for the action to be official. The record shall be presented to the Court on appeal and shall be subject to review. SECTION VII - The Code Enforcement Board shall have the following powers: (1) adopt rules for the conduct of its hearings; (2) subpoena alleged violators and witnesses to its hearings. Sub- poenas may be served by the police department of the City of Winter Springs, Florida; (3) subpoena evidence; (4) take testimony under oath; (5) issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance and; (6) assess fines upon notification by the code inspector that a previous order of the enforcement board has not been complied with by the set time. The violator may be orde.red to pay a fine not to exceed $500.00 for each day the violation continues past the date set for compliance. A certified copy of an order imposing the fine may be recorded in the Public Records and thereafter shall constitute a lien against the land on which the violation exists. After one year from the filing of any such lien which remains unpaid, the enforcement board may authorize the City Attorney to foreclose on the lien. SECTION VIII - An aggrieved party may appeal a ruling or order of the enforcement board by certiorari in Circuit Court. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. SECTION IX - If any section or portion of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. SECTION X - That all parts of ordinances in conflict here- with are hereby repealed. SECTION XI - This ordinance shall take effect immediately upon its final passage and adoption or on the 1st day of October, 1980, whichever shall occur last. PASSED AND ADOPTED this 30th day of September, 1980. CITY OF WINTER SPRINGS, FLORIDA By: Troy J. Piland, MAYOR ATTEST: Mary T. Norton CITY CLERK FIRST READING August 26, 1980 SECOND READING September 30, 1980 THIS ORDINANCE WAS POSTED 27TH DAY OF AUG 1980. Mary T. Norton Signed City Clerk Irw~t:~~'." ; ;.'l! t I,C. !~. ir '0;7 ~ rr:'\)' Evening Hemld . '~\!f:lj An Independent NewspapeSEP 31980 SANFORD, SEMINOLE COUNTY, FLORIDA CITY of WINTER SPRINGS CITY HAL! STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned authority personaliy appeared. .. Ruth. f.. .R.owley.. ... Office. Manager. . . . . . who on oath says that he is . .... .of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminoie County, Florida; that the attached copy of advertise- ment, being a. .Le.gal..Notice. .P!-!0 l.i. t::.. t1.ep.I:lf1Q.:r!3.;. .40N;;.:r;O.E;~.ORQ~NAi)i~E;. . in the matter of . . . . . in the. . C.i, ..G\.l.:i. t. . . Court, was published in said newspaper in the issues of. ... Sep.teroo.er. .1.,. .1980. Affiant further says that the said EVENING HERALD is a newspaper published by The Sanford Herald, Inc., at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole Countll Florida, and has been entered as second class mail matter at the post office in Sanford, in said Seminole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this .1.5 t. . . . . day of /') _ .1 '~,~::i ~:<~~?~ex 8.0 ,~~c:..,. ~ llQ"~d ti":";'"'s~;c:y C K..u.dZ..K~... NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS. FLORIDA TO WHOM IT MAY CQNCERN: NOTICE IS HEREBY GIVEN by the Cily Council of Ihe Cily of Winter Sprill9s, Florld,a!. that said Cily COUncil will hold a public hearing al the City Hall, ~OO N. Edgemon Ave."Winter sp.~ings, Florida, on Tuesday. Selllember 30 1980. 'al 7:30 p.rn. or .as soon th~reaft "'as possible, to consider an Or' enlitled as follows: A NCE OF THE CITY OF' .ER, SPRINGS. FLORIW,l),j:REATING A CODE ENFOMEMENT BOARD PURSUAItT 'TO THE NEWLY CREA~ PART V OF CHAP. TERf66'~.OF THE FLORIDA STATUm; PROVIDING FOR ORGAN-IZATION OF THE BOARbi PROVIDI!>iG EN. FORCEMENT PROCEOURES AND HEARINGS; PROVIDING FOR THE POWERS OF THE BOA CH INCLU~.ES THE AS OF. .....;l1J...1NES; OR .'A'l!:pEAL; ;. .Cq!'l...!~.,.LICTS ~. DA'tIJ,\. Ordinante shall 'le~1 Ihe otlice of the of the City .~f Winter iorlda. for alV'persons examine same. ~sted . personS' are in- and be heard. e isto be'published g- Heral~ a~::Sentinel rs of general cir. 'ity,one 1;l>, time at ) days prilir to the time e public hearing. Dated this 27th daY Ql~August, 19~'TY OF WINTER SPRiNGS, FLORIDA By: Mary T. Norton, City Clerk OEA.14 Publish Septembe:r 1, 1980 SENTINEL STAR Publi..ht"d Or.il~. OrlanJo. Oungt" Coun':,.-, Florida ~tate of lflorib-a ( SS. COUNTY OF O~ANGE \ Before the undersigned authority personally appeared Naomi C. Parks who on oath says that she is the Legal Advertising Representative of the Sentinel Star, a Daily newspaper published at Orlando, in Orange County, Florida; that the attached copy of ad. vertisement,being- Notice of P'Iblic Hearing Sept 3GPthematterof re: Cpnsider Ordinance, assessment of fines, providing for appea 1, etc. in the Court, was published in said newspaper in the issues of August 30. 1980 Affiant further says that the said Sentinel Star is a newspaper published at Or. lando, in said Orange County, Florida, and that the said newspaper has heretofore been continuously published in said Orange County. Florida, each Week Day and has been entered as second-class mail matter at the post office in Orlando, in said Orange County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, finn or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. /) 1 . -, u' .7 L ,//d'cY---:rr!.c/ (/, Ud/L.AJ 2nd Sworn to and subscribed before me this of September A..D., 19~ II?? Cl..:..<:~ P7. In-<.1~.-1:''.'--' Notary Public ~ Notarv Public, Stale of Florida at larga My Commi"ion Expires May 14, 1981 SOl1ded !!oy Amelj~n FifO &. CaSolJally Company Form No. AD-291 A ADVERTISING CHARGE $32.78 NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS, FLORIDA TO WHOM IT MAY CONCERN' NOTICE IS HEREBY GIVEN by the City Council of the City of Win- ter Springs, Florida, that said City Council will hold a public hearing at the City Hall, 400 N. E.dgemon Ave., Winter Spnngs, Florida. on Tuesday, September 30, 1980, at 7:30 p. m. or as soon thereafter as possible, to consider an Ordinance entitled as follows: AN ORDINANCE Of THE CITY OF WINTER SPRINGS, FLOR- IDA, CREATING A CODE EN- FOREMENT BOARD PURSU~ ANT TO THE NEWLY CRE- ATED PART V OF CHAPTER 166 OF THE FLORIDA STAT- UrES; PROVIDING FOR OR- GANIZATION OF THE BOARD; PROVIDING ENFORCEMENT PROCEDURES AND HEAR- INGS: PROVIDING FOR THE POWERS OF THE BOARD WHICH INCLUDES THE AS- SESSMENT OF FINES; PRO- VIDING FOR APPEAL; SEVER- ABILITY CONFLICTS AND EF- FECTIVE DATE. A copy 01 said Ordinance shall be available at the office of the City Clerk of the City of Winter Springs, Florida, for all persons desiring to examine same. All interesled persons are invited to attend and be heard. day THIS NOTICE is to be published in the Evening Herald and Sen.Mel Star, newspapers of general CIrcu- lation of the City, one (1) time at least fifteen (15) days prior to the time of the public hearing. Dated this 27th day 01 August 1980. CITY OF WINTER SPRINGS, FLORIDA By: Isl Mary T. Norton Mary T. Norton, City Clerk CL-179 Aug.30,1980 NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS, FLORIDA TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, that said City Council will hold a public hearing at the City Hall, 400 N. Edgemon Ave., Winter Springs, Florida, on Tuesday, September 30, 1980, at 7:30 p. m. or as soon thereafter as possible, to consider an Ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, CREATING A CODE ENFORCEMENT BOARD PURSUANT TO THE NEWLY CREATED PART V OF CHAPTER 166 OF THE FLORIDA STATUTES; PROVIDING FOR ORGANIZATION OF THE BOARD; PROVIDING ENFORCEMENT PROCEDURES AND HEARINGS; PRO- VIDING FOR THE POWERS OF THE BOARD WHICH INCLUDES THE ASSESSMENT OF FINES; PROVIDING FOR APPEAL; SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. A copy of said Ordinance shall be available at the office of the City Clerk of the City of Winter Springs, Florida, for all persons desiring to examine same. All interested persons are invited to attend and be heard. THIS NOTICE is to be published in the Evening Herald and Sentinel Star, newspapers of general circulation of the City, one (1) time at least fifteen (15) days prior to the time of the public hearing. Dated this 27th day of August, 1980. CITY OF WINTER SPRINGS, FLORIDA By: m~"'./f r ~~1L::-\ Mary T. Norton, City Clerk August 27, 1980 The Evening Herald P. O. Box 1657 Sanford. Florida 32771 Dear Sirs: Enclosed please find Notice of Public Hearing for the City of Winter Springs, Florida, to be published one time as soon as possible. Please send proof of publication and invoice to this office. Thank you. Yours very truly, CITY OF WINTER SPRINGS Mary T. Norton, City Clerk August 27, 1980 Sentinel Star Legal Advertisements P. O. Box 2833 Orlando, Florida 32802 Dear Sirs: Enclosed please find Notice of Public Hearing for the City of Winter Springs, Florida, to be published one time as so as possible. Please send proof of publication and invoice to this office. Thank you. Yours very truly, CITY OF WINTER SPRINGS Mary T. Norton City Clerk