HomeMy WebLinkAboutOrdinance 269 Code Enforcement Board
ORDINANCE NO. 269
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
FLORIDA, AMENDING PRESENT CODE SECTION 2-51
THROUGH 2-58 RELATING TO THE CODE ENFORCEMENT
BOARD; BRINGING SUCH CODE SECTIONS INTO LINE
WITH RECENTLY ENACTED CHANGES TO FLORIDA
STATUTE 166.051-166.063 RELATING TO LOCAL
GOVERNMENT CODE ENFORCEMENT BOARDS; CHANGING
THE NUMBER OF MEMBERS ON THE CODE ENFORCEMENT
BOARD TO SEVEN, AMENDING THE POWERS OF THE
CODE ENFORCEMENT BOARD; ADDING SECTION 2-57.1
RELATING TO LIENS IMPOSED BY THE CODE ENFORCE-
MENT BOARD; CREATING SECTION 2-59 RELATING TO
ALTERNATE REMEDIES; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida
has, by virtue of Chapter 82-37, Laws of Florida, amended the
Florida Statutes relating to local code enforcement boards, and
WHEREAS, the City of Winter Springs presently utilizes
a Code Enforcement Board as one method of enforcing local code
compliance, and
WHEREAS, the recently enacted legislative changes
mandate certain changes in the City's code provisions relating
to the Code Enforcement Board.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS:
SECTION I - That Section 2-52 of the Code of Ordinances
of the City of Winter Springs, Florida, is hereby amended to
read as follows:
Said Code Enforcement Board shall consist of seven
members to be appointed by the City Commission. The members of
said Board shall be residents of the municipality and appointments
to the Board shall be in accordance with the applicable law and
ordinances on the basis of experience or interest in the fields
of zoning and building control. The membership of the Enforcement
Board shall, whenever possible, include an architect, a business-
man, an engineer, a general contractor, a subcontractor, and
a realtor.
SECTION II - That the additional member of the Code
Enforcement Board created by virtue of amendment to Section 2-52
of the Code of Ordinances shall be appointed for a term of two
years. Upon the expiration of that term, the person appointed
subsequently shall be appointed for a term of three years and
all subsequent appointments to that position shall be for a
term of three years.
SECTION III - That Section 2-53 of the Code of
Ordinances of the City of Winter Springs, Florida, is hereby
amended, in part, to read as follows:
The initial appointments to the Enforcement Board
shall be as follows:
A. Two members appointed for a term of one year;
B. Two members appointed for a term of two year s;
C. Two members appointed for a term of three years.
Thereafter all appointments shall be made for a term of three
years and a member may be reappointed for one successive term
upon approval of the City Commission. Appointments to fill any
vacancy on the Enforcment Board shall be for the remainder of the
unexpired term of office. If any member fails to attend two of
three successive meetings without cause and without prior approval
of the chairman, the Board shall declare the member's office
vacant and the City Commission shall promptly fill such vacancy.
Members shall serve in accordance with the City Code of Ordinances
and may be suspended and removed for cause as provided in such
ordinances for removal of members of boards.
SECTION IV - That Section 2-54 of the Code of
Ordinances of the City of Winter Springs, Florida, is hereby
amended to read as follows:
The members of the Enforcement Board shall elect a
chairman from among its members and the presence of four 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 perdiem expenses as may be authorized
by the City Commission or otherwise as provided by law.
SECTION V - That Section 2-56 of the Code of
Ordinances of the City of Winter Springs, Florida, is hereby
amended to read as follows:
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 Code Enforcement Board. The Code Enforce-
ment Board shall attempt to convene at least once every two
months, but it may meet more or less often as the demand necessi-
tates. ~1inutes shall be kept of all hearings by the Code
Enforcment Board and all hearings and proceedings shall be opened
to the public. The City Commission shall provide clerical and
administrative personnel as may be reasonably required by the Code
Enforcement Board for the proper performance of its duties. A
member of the administrative staff of the City of Winter Springs
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 Enforcement Board shall
take testimony from the Code Inspector and the alleged violator.
A formal rules of evidence shall not apply, but fundamental due
process shall be observed and shall govern said proceedings.
At the conclusion of the hearing, the Enforcement Board shall
issue findings of fact, based on evidence of record, and con-
clusions of law and shall issue an order affording the proper
relief consistant with powers granted herein. The findings shall
be by motion approved by an majority of those present and voting,
except that at least four members of the Enforcement Board must
vote in order for the action to be official.
SECTION VI - That Section 2-57 of the Code of
Ordinances of the City of Winter Springs, Florida, is hereby
amended, in part, to read as follows:
(2) Subpoena alleged violators and witnesses to
its hearings (subpoenas may be served by the Sheriff of Seminole
County, Florida, or by the Police Department of the City of
Winter Springs, Florida) :
(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 ordered
to pay a fine not to exceed $250.00 for each day the violation
continues past the date set for compliance. A certified copy of
an order imposing a fine may be recorded in the public records
and thereafter shall constitute a lien against the land on which
the violation exists or, if the violator does not own the land,
upon any other real or personal property owned by the violator
and may be enforced In the same manner as a court judgment by
the sheriffs of this State, including levy against the personal
property, but shall not be deemed otherwise to be a judgment of
the court except for enforcement purposes. 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 VII - That Section 2-57.1 of the Code of
Ordinances of the City of Winter Springs, Florida, is hereby
created to read as follows:
Section 2-57.1 - Duration of Lien.
No lien imposed by the Code Enforcement Board
shall continue for a longer period than two 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. The contin-
uation 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.
SECTION VIII - Section 2-58 of the Code of Ordinances
of the City of Winter Springs, Florida, is hereby amended to
read as follows:
An aggrieved party, including the City Commission,
may appeal a final administrative order of the Enforcement Board
to the Circuit Court. An appeal shall be filed within thirty
days of the execution of the order to be appealed.
SECTION IX - That Section 2-59 of the Code of
Ordinances of the City of Winter Springs, Florida, is hereby
created to read as follows:
Section 2-59 - Provisions of Code Section Supplemental.
Nothing contained herein shall prohibit the City
Commission from enforcing its codes by other means.
It is the intent of this Article to provide an
additional or supplemental means of obtaining
compliance with local codes.
SECTION X - Severability.
If any section, part of a section, paragraph, sentence,
clause, phrase or word of the ordinance is, for any reason, held
or declared to be unconstitutional, inoperative, or void, such
holding of invalidity shall not affect the remaining portions of
this ordinance and it shall be construed to have been the
legislative intent to pass this ordinance without such unconsti-
tutional, invalid or inoperative part therein, and the remainder
of this ordinance, after the exclusion of such part or parts,
shall be deemed to be held valid as if this ordinance, or any
provisions thereof, shall be held inapplicable to any person,
group of persons, property, kind of property, circumstances, or
set of circumstances, such holding shall not affect the application
hereof to any other person, property or circumstances.
SECTION XI - This ordinance shall take effect immediately
upon passage and adoption.
SECTION XII - Conflicts.
That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Passed and Adopted this 26 day of October, 1982.
CITY OF WINTER SPRINGS, FLORIDA
Troy J. Piland, MAYOR
ATTEST:
Mary T. Norton
CITY CLERK
First Reading 9/28/82
Posted 8/29/02
Second Reading & Public Hearing Oct. 26, 1982
TELEPHONE
(305) 327-1800
WINTER SPRINGS. FLORIDA
ZIP CODE 32708
CITY OF WINTER SPRINGS, FLORIDA
NOTICE OF PUBLIC HEARING
NOTICE is hereby given by the City Commission of the City of Winter Springs,
Florida, that said Commission will hold a public hearing on an ordinance
entitled as follows:
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
AMENDING PRESENT CODE SECTION 2-51 THROUGH" 2-58
RELATING TO THE CODE ENFORCEMENT BOARD; BRINGING SUCH
CODE SECTIONS INTO LINE WITH RECENTLY ENACTED CHANGES
TO FLORIDA STATUTE 166.051-166.063 RELATING TO LOCAL
GOVERNMENT CODE ENFORCEMENT BOARDS; CHANGING THE NUMBER
OF MEMBERS ON THE CODE ENFORCEMENT BOARD TO SEVEN,
AMENDING THE POWERS OF THE CODE ENFORCEMENT BOARD;
ADDING SECTION 2-57.1 RELATING TO LIENS IMPOSED BY THE
CODE ENFORCEMENT BOARD; CREATING SECTION 2-59 RELATING
TO ALTERNATE REMEDIES; PROVIDING FOR SEVERABILITY, CONFLICTS
AND EFFECTIVE DATE.
This Public Hearing will be held at 7:30 p. m. on Tuesday, October 26,
1982 , or as soon thereafter as possible in the Commission
Chamber, City Hall, 400 N. Edgemon Ave., Winter Springs, Florida.
Copies of the proposed ordinance are available in the office of the City
Clerk for inspection. Interested parties may appear at this hearing and be
heard with respect to this proposed ordinance.
Please be advised that, under State Law, if you decide to appeal 'a decision
made with respect to this matter, you will need a record of the proceedings
and may need to ensure that a verbatim record is made.
Dated this 29th day of
September
, 19 82.
CITY OF WINTER SPRINGS, FLORIDA
;1tt:t.u,"T /u.tZ:
Mary T. Norton,
City Clerk
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CITY OF WINTER SPRINGS, FLORIDA
400 NORTH EDGEMON AVENUE
WINTER SPRINGS, FLORIDA 32708
Telephone (305) 327-1800
August 4, 1982
To: Code Enforcement Board
Reference: Code Enforcement Ordinance
Enclosed please find a draft of an ordinance wh~ch the attorney
notes would bring our Ordinance in accordance with recently passed
legislation as per your request.
Please review the ordinance and at your earliest convenience
forward your remarks and or reco~~~cra es to my office.
~ichard Ho an~'
City Manag r ~
RR: saz
cc: file
City Engineer
City Planner
Police Chief
Published Daily
8 W/~2.
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Before the undersigned authority personally appeared
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SENTINEL STAR
Altamonte Springs~ Seminole Count,.-, Florida
ADVERTISING CHARGE
$ 27.55
~htte of ~roriaa (
C'OC\'TY OF ORANGE \
55
in the
Court,
CITY OF WINTER SPRINGS,
FLORIDA
NOTICE OF PUBLIC HEARING
NOTIC;;E is hereby given by the. City
Commission of the City of Winter
Springs, Florida, that said Commission
will hold ~ public hearing on an ordi-
nance entitled as follows'
AN ORDINANCE OF THE CITY OF
WINTER SPRINGS, FLORIDA,
AMENDING PRESENT CODE SEC-
TION 2-51 THROUGH 2-58 RELATING
TO THE CODE ENFORCEMENT
BOARD; BRINGING SUCH CODE
SECTIONS INTO LINE WITH RECENT-
L Y ENACTED CHANGES TO FLORIDA
STATUTE 166.051-166.063 RELATING
TO LOCAL GOVERNMENT CODE EN-
FORCEMENT BOARDS; CHANGING
THE NUMBER OF MEMBERS ON THE
CODE ENFORCEMENT BOARD TO
SEVEN, AMENDING THE POWERS OF
THE CODE ENFORCEMENT BOARD;
ADDING SECTION 2-57.1 RELATING
TO LIENS IMPOSED BY THE CODE
ENFORCEMENT BOARD; CREATING
SECTION 2-59 RELATING TO AL TER-
NATE REMEDIES; PROVIDING SE:
VERABIL TY, CONFLICTS AND EF-
FECTIVE DATE.
This Public Hearing will be held at
7:30 p m. on Tuesday, October 26,
1982, or as soon thereafter as possi-
ble in the Commission Chamber, City
Hall, 400 N. Edgemon Ave., Winter
Springs, Florida
Copies of the proposed ordinance are
avai.lable In. the office of the City Clerk
for Inspection. Interested partles may
appear at this hearing and be heard
with respec-t to this proposed
ordinance
Please be advised that, under State
Law, if you decide to appeal a deci.
sian made with respect to this matter,
you will need a record of the proceed-
ings and may need to ensure that a
verbatim record is made
Dated this 29th day of September,
1982
CITY OF WINTER SPRINGS
FLORIDA '
/s/ Mary 1. Norton
Mary 1. Norton,
City Clerk
L9-Q96(6S) Oct5,1982
Nancy A. Pugl ia
, who on oath says that
she is the Legal Advertising Representative of the Sentinel Star, a Daily newspaper
published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad-
. be' Notice of Public Hearing I'n the matter of
vertlsement, mg II
Re: Ordinance local Government Code, etc.
was published in said newspaper in the issues of
Oct. 5. 1982
Affiant further says that the said Sentinel Star is a newspaper published at AI-
tamonte Springs, in said Seminole County, Florida, and that the said newspaper has
heretofore been continuously published in said Seminole County, Florida, each Week
Day and has been entered as second-class mail matter at the post office in Altamonte
Springs, in said Seminole County, Florida for a period of one year next preceding the
first publication of the attached copy of advertisement; and affiant fm"ther says that
he/she has neither paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this advertisement for pub-
lication in the said newspaper.
Sworn to and !<ubscribed before me this
IlQM~ fr. ~
6th
October
day of____><
82
A.D., 19_
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~ \ Notary P ~c
NOtllfY Publi~, State of Florida at large
My CommiSSIon Expires Jan. 21, 1984
FORM 291 C
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