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HomeMy WebLinkAboutOrdinance 2001-02 Code Enforcement Citation ORDINANCE NO. 2001-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE CODE ENFORCEMENT CITATION PROGRAM AND CODIFYING A NEW CODE SECTION IN CHAPTER 6, ARTICLE XII RELATING TO UNLICENCED CONTRACTORS AND CONSTRUCTION WITHOUT A BUILDING PERMIT; AUTHORIZING AND ESTABLISHING PROCEDURES FOR IMPLEMENTING THE ISSUANCE OF CITATIONS PURSUANT TO SECTION 489.127, FLORIDA STATUTES FOR UNLICENCED CONTRACTING AND FAILURE TO OBTAIN A BUILDING PERMIT AS MORE SPECIFICALLY SET FORTH HEREIN; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the intent ofthe City Commission of the City of Winter Springs, Florida to establish an equitable, expeditious, and effective method of enforcing Codes, Ordinances and applicable Florida Statutes; and WHEREAS, the City Commission desires to provide for the issuance of civil citations by Code Enforcement Officers for persons violating the construction contracting provisions of Section 489.127, Florida Statutes; and WHEREAS, the City Commission of the City of Winter Springs, Florida, 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 COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. The City of Winter Springs Code, Chapter 6, Article XII is hereby created as follows: (underline type indicates additions). City of Winter Springs Ordinance N 0.2001-02 ARTICLE XII - CITATIONS: UNLICENCED CONTRACTORS: FAILURE TO OBTAIN BUILDING PERMIT Section 6-270. Intent and Purpose It is the intent and purpose of this Article to authorize the issuance of citations for violations of Sections 489.127 and 489.132(1). Florida Statutes. as may be amended or renumbered from time to time by the Florida Legislature. It is also the intent and purpose of this Article to establish a procedure to implement the issuance of such citations by code enforcement officers. who under this Article shall be the Building Official and those persons designated a code enforcement officer under Section 2-67. Winter Springs Code. Nothing contained in this Article shall prohibit the City from enforcing its codes or ordinances by any other lawful means. Section 6-271. Findings. The City Commission of the City of Winter Springs hereby finds: (a) The commencement or performance of work for which a building permit is required without such building permit being in effect creates a grave threat to the public health. safety. and welfare and jeopardizes the safety of occupants of buildings. (b) The performance of construction by contractors who are not duly licensed. when a contracting license is required. may pose a danger of significant harm to the public when incompetent or dishonest unlicenced contractors provide unsafe. unstable. or short-lived products or services. City of Winter Springs Ordinance No.2001-02 Page 2 of 8 Section 6-272. Citation Authorized for Construction Contracting Violations. A code enforcement officer is hereby authorized to issue a citation for any violation of Sections 489.127 and Section 489.132(1), Florida Statutes, whenever. based upon personal investigation, the code enforcement officer has reasonable and probable grounds to believe that such violation has occurred. A citation shall be issued in accordance with the rules and procedures established by this Article and Florida Statutes. This Article does not authorize or permit a code enforcement officer to perform any function or duty of a law enforcement officer. Section 6-273. Citation Form. A citation issued by a code enforcement officer shall be in a form prescribed by the City Commission by resolution, and shall contain at a minimum: (a) The time and date of issuance. (b) The name and address of the person to whom the citation is issued. (c) The time and date of the violation. (d) A brief description of the violation and the facts constituting reasonable cause. (e) The name of the code enforcement officer (f) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (g) The applicable civil penalty if the person elects not to contest the citation. Section 6-274. Penalty. In addition to any other criminal penalties provided by Section 489.127(2), Florida Statutes, a civil penalty of $500 shall be levied for any violation of this Article. All monies City of Winter Springs Ordinance No.2001-02 Page 3 of 8 collected by the City from citations issued under this Article shall be deposited in the City's general fund and may be expended for any public purpose authorized by the City Commission. A person cited for a violation pursuant to this Article is deemed to be charged with a non-criminal infraction. Each violation is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. Section 6-275. Refusal to Sign Citation. Except in the absence of the person who has committed the violation. a code enforcement officer shall require the person to sign and accept a citation being issued. If the person refuses to sign and accept the citation. the code enforcement officer shall write the words "Refused to Sign" or any other words of similar meaning in the space provided in the citation for the person's signature and shall leave a copy of the citation with the person if possible. or mail a copy to the person. if possible. by registered or certified mail. return receipt requested. Following such refusal to sign and accept. the code enforcement officer shall also contact the Winter Springs Police Department to report such violation of this Article and Section 489. 127(5)(m). Florida Statutes. Section 6-276. Stop Work. Any person who is issued a citation under this Article shall immediately cease the act for which the citation was issued upon receipt of the citation. Section 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 City of Winter Springs Ordinance No .200 1-02 Page 4 of 8 on the citation or. (b) Within ten (0) days of receipt of the citation. exclusive of weekends and legal holidays. request an administrative hearing before the City's Code Enforcement Board 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 (0) 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. Section 6-278. Administrative Hearings: Accrual of Penalties. (a) All administrative hearings held pursuant to this Article shall be conducted by the Code Enforcement Board in accordance with the requirements of the Local Government Code Enforcement Boards Act. (b) During the administrative hearing. if the violator demonstrates to the Code Enforcement Board that the violation is invalid or that the violation has been corrected prior to appearing before the Code Enforcement Board. the Code Enforcement Board may dismiss the citation unless the violation is irreparable or irreversible. in which case the Code Enforcement Board 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 finds that a violation exists. the Code Enforcement Board may order the violator to pay a civil penalty of not less than the amount set forth on the citation but not more than $1.000 per day for each violation. City of Winter Springs Ordinance No.2001-02 Page 5 of 8 In determining the amount of the penalty, the Code Enforcement Board 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 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 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 under this Article shall continue to accrue until the violator comes into compliance or until a iudgement 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 sets forth this accrual requirement. Section 6-279. Appeals of Code Enforcement Board Decisions. Any person aggrieved by a final administrative order of the Code Enforcement Board pursuant to this Article, including the City Commission, may appeal the order to the circuit court in accordance with Section 489.127(5)(1), Florida Statutes, as may be amended or renumbered from time to time by the Florida Legislature. Section 6-280. Recordine Code Enforcement Board Orders. A certified copy of an order of the Code Enforcement Board imposing a civil penalty under this Article may be recorded in the public records and thereafter shall constitute a lien City of Winter Springs Ordinance No.2001-02 Page 6 of 8 against any real or personal property owned by the violator. Such orders shall be enforced in accordance with Florida law. Section 6-281. Notices. All notices required by this Article shall be provided to the violator by certified mail. return receipt requested: by hand delivery by a law enforcement officer or code enforcement officer: by leaving the notice at the violator's usual place of residence with some person of his or her family above 15 years of age and informing such person of the contents of the notice: or by including a hearing date within the citation. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. 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. Section 4. 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 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Springs Ordinance No. 200 1-02 Page 7 of 8 adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 8th day of October, 2001. PAUL P. PARTYKA 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: June 11, 2001 Second Reading: October 8, 2001 Effective Date: October 8, 2001 F:\DOCS\Aag\ORDINANCES -- FINAL -- CITY OF WINTER SPRINGS\200I-02 unlicensed contractors-1O-3-0I.wpd City of Winter Springs Ordinance No.200 1-02 NOTICE OF PROPOSED CHANGES TO CHAPTER 6 WINTER SPRINGS CODE OF ORDINANCES NOTICE IS HEREBY GIV- EN THAT THE CITY COM- MISSION OF THE CITY OF WINTER SPRINGS WILL HOLD A PUBLIC HEAR- ING FOR THE SECOND READING ON PROPOSED ORDI NANCE 2001-02 TO CONSIDER AMEND- MENTS TO CHAPTER 6, OF THE CITY CODE RE- LATING TO UNLICENSED CONTRACTORS. A PUBLIC HEARING ON THE PROPOSED ORDI- NANCE AMENDMENT WILL BE HELD ON JUNE 25, 2001 AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORI- DA. RELATlNG TO THE CODE ENFORCEMENT CITATION PROGRAM AND CODIFYING A NEW CODE SECTION IN CHAPTER 6, ARTICLE XII RE- LATING TO UNLICENSED CONTRACTORS AND CON- STRUCTION WITHOUT A BUILDING PERMIT; AUTHO. RIZING AND ESTABLISHING PROCEDURES FOR IMPLE. MENTlNG THE ISSUANCE OF CITATIONS PURSUANT TO SECTION 489.127, FLORIDA STATUTES FOR UNLICENSED CONTRACTING AND FAILURE TO OBTAIN A BUILDING PER- MIT AS MORE SPECIFICAU Y SET FORTH HEREIN: PROVID- ING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVID. ING FOR INCORPORAll0N IN- TO THE CODE; PROVIDING FOR SEVERABILITY; PROVlD. ING FOR AN EFFECTIVE DATE A PUBLIC HEARING ON THE SECOND READING OF PROPOSED ORDI. NANCE 2001-02 WI LL TAKE PLACE AT THE CITY COMMISSION CHAM- BERS IN CITY HALL AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. ADDITIONAL INFORMATION PERTAIN- ING TO THE ABOVE MAY BE OBTAINED FROM THE OFFICE OF THE CITY CLERK AT CITY HALL, 1126 EAST ST ATE ROAD U4, WINTER SPRINGS, FLORIDA. FOR MORE INFORMATION CALL 327-18OO,EXT. . 227. INTERESTED PERSONS MAY ATTEND AND BE HEARD. PERSONS WITH DISABILI- TIES NEEDING ASSIS- TANCE TO PARTICIPATE IN ANY OF THESE PRO- CEEDINGS SHOULD CON- TACT THE EMPLOYEE RELATIONS DEPART- MENT COORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327-1800. THIS IS A PUBLIC HEAR- ING. IF YOU DECIDE TO APPEAL ANY DECISION OR RECOMMENDATION MADE BY THE CITY COM- MISSION WITH RESPECT TO ANY MATTER CON- SIDERED AT THIS MEET- ING, YOU WILL NEED A RECORD OF THE PR~ CEEDINGS, AND, FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT A VERBATIM RE- CORD OF THE PROCEED- INGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED, ANDREA LORENZO- LUACES CITY CLERK CSE3943589 6/15101 The Orlando Sentinel Published Daily State of Florida COUNTY OF ORANGE Before the undersigned authority personally appeared Linda Bridgewater , who on oath says that he/she is the Legal Advertising Representative of The Ortando Sentinel, a dally newspaper published at ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement, being a NOTICE OF PURPOSE in the matter of Ord. 2001-02 in the Seminole Court was published in said newspaper in the issue; of 06/15/01 Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE 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 further 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 publication in the said newspaper. The foregoing instrument was acknolwedge before me this 14th day of June, 2001, by Linda Bridgewater who is personally known to me and who did take an oath. Beverly C. Simmons (SEAL) NOTICE OF PROPOSED CHANGES TO SECTION 6-210 WINTER SPRINGS CODE OF ORDINANCES NOTICE IS HEREBY GIV- EN THAT THE CITY COM- MISSION OF THE CITY OF WINTER SPRINGS WILL HOLD A PUBLIC HEAR- ING FOR THE SECOND READING ON PROPOSED ORDINANCE 2001-02 TO CONSIDER AMEND- MENTS TO SECTION 6 OF THE CITY CODE RELAT- ING TO CODE ENFORCE- MENT CITATION PRO- GRAM. A PUBLIC HEARING ON THE PROPOSED ORDI- NANCE WILL BE HELD ON OCTOBER 8, 2001 AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL. ORDINANCE 2001-02 AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE CODE ENFORCEMENT CITA TION PROGRAM AND CODIFYING A NEW CODE SECTION IN CHAPTER 6 ARTICLE XII RELATING TO UNLI CENSED CONTRACTORS AND CON- STRUCTION WITHOUT A BUILDING PERMIT AUTHORIZING AND ES. TABLlSHING PROCEDURES FOR IM PLEMENTING THE ISSUANCE OF CITATIONS PURSUANT TO SEC. TlON 489.121, FLORIDA STATUTES FOR UNLICENSED CONTRACTING AND FAILURE TO OBTAIN A BUIlD- ING PERMIT AS MORE SPECIFICAL LY SET FORTH HEREIN; ; PROVID- ING FOR THE REPEAL OF INCONSISTENT OROINANCES AND RESOLUTIONS; PROVIDING FOR IN- CORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY ; PROVIDING FOR AN EFFECTIVE DATE. A PUBLIC HEARING ON THE SECOND READING OF PROPOSED ORDI- NANCE 2001-02 WILL TAKE PLACE AT THE CITY COMMISSION CHAM- BERS IN CITY HALL AT 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA. INTERESTED PERSONS MAY ATTEND AND BE HEARD. ADDITIONAL INFORMA- TION PERTAINING TO THE ABOVE MAY BE OB- TAINED FROM THE OF- F ICE OF THE CITY CLERK AT CITY HALL, 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA. FOR MORE IN- FORMATION CALL 327- 1800, EXT. #227. PERSONS WITH DISABILI- TIES NEEDING ASSIS- TANCE TO PARTICIPATE IN ANY OF THESE PRO- CEEDINGS SHOULD CON- TACT THE EMPLOYEE RELATIONS DEPART- MENT COORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327-1800. THIS IS A PUBLIC HEAR- ING. IF YOU DECIDE TO APPEAL ANY DECISION OR RECOMMENDATION MADE BY THE CITY COM- MISSION WITH RESPECT TO ANY MATTER CON- SIDERED AT THIS MEET- ING, YOU WILL NEED A RECORD OF THE PRO CEEDINGS, AND, FOR SUCH PURPOSE YOU MAY NEED TO ENSURE THAT A VERBATIM RE- CORD OF THE PROCEED INGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED. ANDREA LORENZO- LUACES CITY CLERK The Orlando Sentinel Published Daily State of Florida COUNTY OF ORANGE Before the undersigned authority personally appeared Linda Bridgewater , who on oath says that he/she is the Legal Advertising Representative of The Ortando Sentinel, a dally newspaper published at ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement, being a NOTICE OF PROPOSE in the matter of ORD 2001-02. in the Seminole Court was published in said newspaper in the issue; of 09/28/01 Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE 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 further 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 publication in the said newspaper. The foregoing instrument was acknolwedge before me this 28th day of Sept, 2001 by Linda Bridgewater who is personally known to me and who did take an oath. Beverly Simmons (SEAL)