HomeMy WebLinkAboutOrdinance 547 Code Enforcement
ORDINANCE NO. 547
AN ORDINANCE OF THE CITY OF WINTER
SPRINGS, FLORIDA CREATING A NEW CHAPTER
OF "CODES ENFORCEMENT CITATIONS, "
PROVIDING FOR A SUPPLEMENTAL METHOD OF
ENFORCING CITY CODES AND ORDINANCES;
PROVIDING INTENT; PROVIDING DEFINITIONS;
PROVIDING DESIGNATION, QUALIFICATIONS AND
TRAINING OF CODE ENFORCEMENT OFFICERS;
PROVIDING AUTHORITY OF CODE ENFORCEMENT
OFFICERS; PROVIDING DELIVERY OF WARNING
NOTICES AND CITATIONS; PROVIDING
VIOLATION CLASSIFICATION AND CIVIL
PENALTY; PROVIDING A SCHEDULE OF
VIOLATIONS; PROVIDING PROCEDURE TO PAY OR
CONTEST CITATIONS; PROVIDING CITATION
CONTENTS; PROVIDING FOR DISPOSITION OF
CITATIONS AND CIVIL PENALTIES; PROVIDING
FOR CODIFICATION, CONFLICTS,
SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the Florida Legislature has amended Chapter 162 of
the Florida Statutes to provide supplemental code or ordinance
enforcement procedures which permit the issuance of a citation for
violation of municipal codes and ordinances; and
WHEREAS, the City Commission of the City of Winter Springs,
Florida, finds it in the best interest of the City to establish a
supplemental method of enforcing City codes and ordinances by the
issuance of citations for violation of its codes and ordinances;
and
WHEREAS, the adoption of a Codes Enforcement citation Program
will provide an effective enforcement method and further encourage
compliance with City codes and ordinances; and
WHEREAS, the adoption of a Codes Enforcement Citation Program
will further the goals and objectives of the Codes Enforcement
Board to bring code violations into compliance with City codes and
ordinances.
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NOW THEREFORE, BE IT ENACTED BY THE CITY
COMMISSION OF THE CITY OF WINTER SPRINGS,
FLORIDA AS FOLLOWS:
SECTION I:
That the City of Winter Springs Code of
Ordinances is hereby amended to include the following supplemental
and additional method of enforcing its codes and ordinances by the
issuance of citation for violation of city codes and ordinances.
CHAPTER 2
Code Enforcement citations.
section 66
Intent.
The City of Winter Springs hereby creates a supplemental
and additional method of enforcing its codes and ordinances by the
issuance of citations for violation of city codes or ordinances.
The provisions of this chapter may be used for the enforcement of
any City code or ordinance or for the enforcement of all City
codes and ordinances unless prohibited by law.
Section 2-66a
Definitions.
For purposes of Chapter 100, the following definitions
shall apply:
(a) City: The City of Winter Springs.
(b) Code Enforcement Officer: Any employee or agent of
the City of Winter Springs who has been designated by the City
Manager to enforce the city's codes and ordinances.
Section 2-66b
Designation. Oualifications and
Training of Code Enforcement Officers.
The City Manager is authorized to designate certain employees
or agents as code enforcement officers.
The training and
qualifications of the employees or agents designated as code
enforcement officers shall be determined by the City Manager.
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Designation as a Code Enforcement Officer does not provide the
code enforcement officer with the power to arrest or subject the
code enforcement officer to the provisions of section 943.085 -
943.255 of the Florida Statutes. Nothing in this Chapter amends,
alters, or contravenes the provisions of any state-administered
retirement system or any state-supported retirement system
established by general law.
Section 2-66c. Authoritv of Code Enforcement Officers.
All designated code enforcement officers are authorized
to issue a citation to a person when, based upon personal
investigation, the code enforcement officer has reasonable cause
to believe that the person has committed a civil infraction in
violation of a city code or ordinance and that the County Court
will hear the charge.
Section 2-66d. 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 refer the matter to
the codes Enforcement Board. 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
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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 2-66e .
Deliverv of Warning Notices and Citations
A copy of warning notices and citations shall be provided
to the alleged violator by hand delivery by the code enforcement
officer.
In the absence of the alleged violator, the warning
notice or citation shall be delivered to the alleged violator by
leaving a copy of the warning notice or citation at the alleged
violator's usual place of residence with any person residing
therein who is above fifteen (15) years of age and informing such
person of the contents of the warning notice or citation or by
registered or certified mail, return receipt requested.
Whenever an alleged violator is required to do some act within
a prescribed period after a warning notice or citation is
delivered by mail, three (3) days shall be added to the prescribed
period.
Section 2-66f .
Violation Classification and Civil
Penalty.
(a) Violations of City codes or ordinances and the
applicable civil penalties shall be classified as follows:
Violation Classification
Civil Penalty
Class I
Class II
Class III
Class IV
$ 50.00
$100.00
$200.00
$300.00
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City codes and ordinances subsequently enacted or amended
may set forth the applicable civil penalty for violations by
designating the appropriate violation classification.
(b) Each violation of a city code or ordinance in the
Schedule of violations in section A herein is a separate civil
infraction.
Each day such violation shall continue shall be
deemed to constitute a separate civil infraction.
(c) Court costs in the amount of Ten and NO/100 Dollars
($10.00) per citation collected shall be retained by the Clerk of
circuit Court. The civil penalties set forth above include said
court costs.
Section 2-66g .
Schedule of Violations.
(a) Violation of the following city codes or ordinances
is a civil infraction for which a citation may be issued:
SECTION
TITLE
CLASS
16-57
9-349
16.57
16.57
16-56(b)
16-53
16-83
ILLEGAL SIGNS
A. HANDICAP
B. ADS
C. SNIPES
D. ROW
E. ERECTED SIGNS
F. GARAGE SALE
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MOTOR VEHICLE VIOLATIONS
12-66
FOR SALE/REPAIRS ON ROW
I
20-431
20-411
20-411
20-411
12-67
12-53
12-65
20-431(1)a-h
20-433
A. RV
B. BOAT AND TRAILER
C. CAMPER
D. WORK TRAILERS
E. PARKING BETWEEN LINES
F. ABANDON ON R.O.W.
G. PARKING/STANDING STREET
H. PROHIBITED VEHICLES
I. DISABLED VEHICLES
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13-2 (b)
13-2 (b)
13-2 (b)
13-2(b)
13-2 (d)
13-2 (b)
13-2(c)
OUTDOOR STORAGE
A. TRASH
B. JUNK AND DEBRIS
C. EQUIPMENT STREWN AROUND YARD
STAGNANT POOL
TREE TRIMMINGS AND YARD TRASH
9-374
UNSAFE/UNSANITARY
HOUSE AND BUILDING NUMBERS
13-26
LOUD PARTY
13-33
LOUD MUSIC
13-34
ANIMAL AND BIRD NOISES
10-137
NO GARAGE SALE PERMIT
16-27(b)
ILLEGAL HANDBILLS
16-25
HANDBILLS ON AUTOS
16-27(b)
13-2
13-2 (b)
CAST PERIODICALS
LITTERING ROW
LITTERING PRIVATE PROPERTY
7-26
OPEN BURNING
7-79
OBSTRUCTION OF HYDRANTS
11-5
USE OF AIR GUNS/SLINGSHOT/ETC.
BY A MINOR
10-136
SOLICITING
4-1
4-1
4-1
4-1
4-2
4-1
4-1
ANIMAL CONTROL VIOLATIONS
A. BARKING DOG
B. LOOSE CAT OR DOG
C. ANIMALS DEFECATING OR URINATING
D. OVER 2 CATS OR 2 DOGS
E. LOOSE ANIMALS
F. ALL OTHER ANIMAL VIOLATIONS
17-1
HAZARDS (OBSTRUCTIONS) R.O.W.
FIREWORKS AND EXPLOSIVES
7-27
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ALL SECOND OFFENSES OF CLASS I II
II
6-46
NO BUILDING PERMIT
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6-165
NO OCCUPATIONAL LICENSE II
NO ARBOR PERMIT II
SPREADING FIRE II
FAILURE TO NOTIFY FIRE II
NO METER BACKFLOW II
ALL SECOND OFFENSES OF CLASS II III
THIRD OFFENSES OF CLASS I III
NO POOL ENCLOSURE III
SITE PLAN VIOLATION III
BUILDING MAINTENANCE TO CODE III
ADDITIONAL OFFENSES TO CLASS I,
II, AND III IV
10-26
5-3
7-1
7-1
493
6-217
9-349 (a) (b) (c)
VIOLATION CLASSIFICATION
CLASS I
CLASS II
CLASS III
CLASS IV
CIVIL PENALTY
$ 50.00
$100.00
$200.00
$300.00
(b) The citations issued pursuant to section 2-66d. e, f and g
maybe contested in County Court in and for Seminole County.
section 2-66h. . Procedures to Pay or Contest citations.
(a) Any person cited for a violation under section 2=.6.6d, e, f
and shall within thirty (30) days of issuance of the citation:
(1) Pay the civil penalty set forth in the Schedule
of Violations at the Clerk of the circuit Court's office; or
(2) Contest the citation in County court through
appearance at the Clerk of the Circuit Court's Office to receive
a court date.
(b) If the person cited pays the civil penalty as
provided in subsection (a) (1) of this section, he shall be deemed
to have admitted the civil infraction and to have waived his right
081ll637.1
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to a hearing to contest the citation.
(c) If the person cited appears at the Clerk of the
circuit Court's Office to receive a court date as provided in
subsection (a) (2) of this section, he shall appear on said court
date to contest the citation in County Court and he shall be
deemed to have waived his right to the civil penalty set forth in
the schedule of violations and shall be subject for each violation
to the maximum civil penalty which shall not exceed Five Hundred
and NO/100 Dollars ($500.00) plus any applicable court costs.
(d) If the person cited fails to pay the civil penalty
within the time allowed, or fails to appear in court to contest
the citation, he shall be deemed to have wai ved his right to
contest the citation and judgment may be entered against the
person for an amount up to the maximum civil penalty not to exceed
Five Hundred and NO/100 Dollars ($500.00).
(e) Any person who willfully refuses to sign or accept
a citation issued by a code enforcement officer or refuses to
provide the information required in the citation shall be in
violation of this section and shall be prosecuted as a misdemeanor
of the second degree, punishable as provided in Section 775.082 or
775.083 of the Florida Statutes.
Section 2-66i. citation contents.
The citation issued by the code enforcement officer shall
be in a form prescribed by the City and shall contain:
1.
The date and time of issuance.
2.
The name and address of the person to whom the
citation is issued.
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3. The date and time the civil infraction was
committed.
4. The facts constituting reasonable cause.
5. The number or section of the code or ordinance
violated.
6. The name and authority of the code enforcement
officer.
7. The procedure for the person to follow in order to
pay the civil penalty or to contest the citation.
8. The applicable civil penalty if the person elects
not to contest the citation.
9. The applicable civil penalty if the person elects
to contest the citation.
10. A conspicuous statement that if the person fails to
pay the civil penalty within the time allowed, or
fails to appear in court to contest the citation,
he shall be deemed to have waived his right to
contest the citation and that, in such case,
judgment may be entered against the person for an
amount up to the maximum civil penalty.
Section2-66i Disposition of citations and civil
Penalties.
(a) After issuing a citation to an alleged violator, the
code enforcement officer shall:
(1) deposit the original citation and one copy of
the citation with the Clerk of the Circuit
Court;
(2) provide the alleged violator with one copy;
(3) deposit one copy with city Clerk; and
(4) retain one copy in the code enforcement
officer's department file.
(b) All civil penalties received by the County Court
from violators of City codes or ordinances shall be paid into the
general fund of the city in the penalty and fine account. All
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.
court costs shall be retained by the Clerk of the Circuit Court.
Section 2-66k. Provisions Supplemental.
It is the legislative intent of this Chapter to provide
an additional and supplemental means of obtaining compliance with
city codes and ordinances.
Nothing contained in this Chapter
shall prohibit the city from enforcing its codes or ordinances by
any other means.
SECTION II.
CODIFICATION. It is the intention of the City
Commission of the City of Winter Springs, Florida, and it is
hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of Ordinances of the City of Winter
Springs, Florida; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intention; that the
word, "Ordinance", may be changed to "Section". "Article", or
other appropriate word.
SECTION III.
CONFLICTS.
All Ordinances or parts of
Ordinances in conflict with any of the provisions of this
Ordinance are hereby repealed.
SECTION IV.
SEVERABILITY. If any section or portion of a
section 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 part of this
Ordinance.
SECTION V.
EFFECTIVE DATE. This Ordinance shall become
effective
FIRST READING this 25th
27th
SECOND READING this 22nd
day of October , A.D. 1993.
day of October, A.D. 1993.
day of November , A.D. 1993.
08/11637.1
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03141d
Passed and adopted this 22nd day of November, 1993.
CITY OF WINTER SPRINGS
PHILIP A. KULBES, MAYOR
ATTEST:
Mary T. Norton
CITY CLERK
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-----------------------------..
in the ~FMTN()I f"
was published in said newspaper in the issue; of 11/n7 /9~
Court,
NO -- OF PUBLIC HEARING
.f , WINTER SPRINGS
NOTIC., ' .EREBY GIVEN by the City
Commission of the City of Winter
Serings, Aorida, that said Commission
:.c,::,,~~u::'io~o~ on an ordi-
ORDINANCE NO. 547
AN ORDINANCE OF THE CITY OF
WINTER SPRINGS, FLORIDA, CRE-
ATING A NEW CHAPTER OF
"CODES ENFORCEMENT CITA-
TIONS," PROVIDING FOR A SUP-
PLEMENTAL METHOD OF EN-
FORCING CITY CODES AND OR-
DINANCES; PROVIDING INTENT;
PROVIDING DEFINITIONS; PRO-
VIDING DESIGNATION, QUALIFI-
CATIONS AND TRAINING OF
CODE ENFORCEMENT OFFICERS;
PROVIDING AUTHORITY OF CODE
ENFORCEMENT OFFICERS; PRO-
VIDING DELIVERY OF WARNING
NOTICES AND CITATIONS; PRO-
VIDING VIOLATION CLASSIFICA-
TION AND CIVIL PENALTY; PRO-
VIDING A SCHEDULE OF VIOLA-
TIONS; PROVIDING PROCEDURE
TO PAY OR CONTEST CITATIONS;
PROVIDING CITATION CON-
TENTS; PROVIDING FOR DISPOSI-
TION OF CITATIONS AND CIVIL
PENALlTlES: PROVIDING FOR
CODIFICATION, CONFLICTS, SEV-
ERABILITY AND EFFECTIVE DATE.
This Public Hearing will be held at 7:30
p.m. on MoneI.y, Nov. 22,1993, or as
soon thereafter as possible in the Com-
mission Chamber, City Hall, 1126 East
S.R. 434, Winter Springs, Florida 32708.
Copies of the proposed ordinance are
available in. the ollice of the City Clerk
for inspection. Interested parties may
~~r':s at ~~ th~~~ :: o~in~::ed
PERSOrsc' WITH &S:&ILITIES NEED-
ING ASSISTANCE TO PARTICIPATE IN
ANY OF THESE PROCEEDINGS
SHOULD CONTACT THE EMPLOYEE
RELATIONS DEPARTMENT ADA CO-
ORDINATOR 48 HOURS IN ADVANCE
OF THE MEETING AT (40n 327-1800.
PERSONS ARE ADVISED THAT IF
THEY DECIDE TO APPEAL ANY DECI-
SIONS MADE AT THESE MEETING-
SlHEARINGS, THEY WILL NEED A RE-
CORD OF THE PROCEEDINGS AND
FOR SUCH PURPOSE, THEY MAY
NEED TO INSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS
MADE, WHICH INCLUDES THE TESTI-
MONY AND EVIDENCE UPON WHICH
THE APPEAL IS BASED, PER SECTION
286,01 05, FLORIDA STATUTES.
Dated this 71h day of Nov.mber, 1993.
CITY OF WINTER SPRINGS,
flORIDA
IslMary T. Norton,
Mary T. Norton
City Clerk
SLSB261032 Nov.7,1993
. The Orlando Sentinel
.
Pub!is~g4~~&
~tatt of jflortba } 5.5.
COUNTY OF ORANGE
Before the undersigned authority P3~S,0~~\'H"gPWff~ A Dd, who on oath says
that he/she is the Legal Advertisin Re resentative of The Orlando Sentinel, a dally
newspaper published at (A s~n tJf"RR in
Sl='"MINOI f County, Florida;
that the attached CO~ of advertisement, being a NOT T [f 0 F PU At T C H
inthematterof ORD.TNANCf' NO. 917
Affiant further says that the said Orlando Sentinel is a newspaper published at
r 4 ~sn RF'RRY , in said
SJ:"MTNOI F' County, Florida,
and that the said newspaper has heretofore been continuously published in
said ~fl"11N()J ( County, Florida,
each Week Da and has been entered as second-class mail matter at the post
office in in said
~rMTNOJ F 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, Ir or corporation any iscount, reb te,
commission or refund for t e pur se of securin thO rtisemen for
publication in the said news per. I
ke aR oathp .
C,~~
(SEAL)
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