HomeMy WebLinkAbout1982 03 15 Regular
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,. SECTION
CA~EfI VrOLATION
e 0010 NEW CASES
2 CD trash, noise~ fence 7-2, 5-126, 44.'iti
2 035 0007 cb no building permit 5-24
2 018 0015 cb failed to pick-up permit and business lic. 5-24, 8-23k
2 008 0015 cb fire safety 5-53
2 056 0010 CD occupied camper at residence 44.74
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. PENDING CASES'
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1 35d'0021 CD hazardous fence 5-126
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CLOSED CASES
1 345 0012 CD no business permit 8-23d
1 362 0028 CD sign illuminating into residence 5-1l4d
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TE LEPHONE
(305) 327-1800
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WINTER SPRINGS, FLORIDA
ZIP CODE 32708
MEMO
Feb. 1, 1982
To:
Lt. Bo Smart, Chief Govoruhk and
All members of the Code Enforcement Board
From:
Jack Cooper, Code Enforcement Board Prosecutor
Pursuant to your request I have solicited and obtained the
Attorney's opinion regarding the jurisdiction of the Code Enforcement
Board.
Please find enclosed a copy of same which is self-explanatory.
This will define what should be on the bi-monthly report. If
you have any further questions, please discuss it with me.
C9~~
LAW OFFICES
JONES, MORRISON & STALNAKER, P. A.
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400 MAITLAND AVENUE
ALTAMONTE SPRINGS, FLORIDA 32701
MICHAEL D. JONES
WILLIAM H. MORRISON
WALLACE F. STALNAKER, JR.
MIKEL W. CARPENTER
ALBERT R. COOK
JEFFERSON C.SALTER
(305) 834-8866
January 27, 1982
Jack Cooper, Code Prosecutor
City of Winter Springs, Florida
400 N. Edgemon Avenue
Winter Springs, Florida 32708
Re: Jurisdiction of Code Enforcement Board
Dear t-1r. Cooper:
You have asked me to provide a legal interpretation of the
jurisdictional limits of the Code Enforcement Board esta-
blished by Winter Springs Code, Section 2-51 et. seq. In
doing so, I have reviewed this code section as well as
Florida Statute 166.051, et. seq., from which it derives.
.
Let me first note that I understand the reason for the con-
fusion over the jurdiction of the Code Enforcement Board.
Our Ordinance No. 266, which was the genesis of the present
code, did not specifically define the code violations the
Board can act upon. Our code section was enacted pursuant
to Chapter 166 of the Florida Statutes and there is a specific
reference to the Statute in Section 2-51. In the Statute,
the intent is very clear:
"It is the intent of this act to promote, protect,
and improve the health, safety, and welfare of the
citizens of the municipalities of this State by
providing an equitable, expeditious, effective, and
inexpensive method of enforcing the various occupa-
tional license, fire, building, zoning, sign, and
related technical codes enforced in municipalities."
It seems quite clear that the legislature intended to limit
the Code Enforcement Board to those specifically listed
items.
I have verified this in discussions with Mr. Claude Mullis,
legal counsel for the Florida League of Cities, in Tallahassee.
He has informed me that other municipalities have limited their
Code Enforcement Boards to violations of technical codes. I
am informed that there have been a number of Attorney General's
opinions which support this interpretation although there have
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Jack Cooper, Code Prosecutor
January 27, 1982
Page 2
been no court decisions on point. It was also suggested
that to expand the role of the Code Enforcement Board by
a liberal interpretation of this Act, or municipal equiva-
lent of the Act, would be an unconstitutional infringement
on the judiciary.
I also would advise you that a strict interpretation of the
jurisdiction of the Code Enforcement Board would be in the
best interest of the City and would recommend that you limit
the jurisdiction of the Board to those items specifically
set forth in the Statute's Intent Clause cited above. If
you have any further questions or would like more specific
quidance on whether or not a particular item comes within
this intent, I will be pleased to discuss these with you.
SinCe~~(!)s~-. j
AL~/tv~~o~ UH,-
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ARC/SO
cc: City Manager
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TELEPHONE
(305) 327-1800
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M E M 0
To:
From:
WINTER SPRINGS, FLORIDA
ZIP CODE 32708
Feb. 1, 1982
All members of the Code Enforcement Board
Jack Cooper, Code Enforcement Board Prosecutor
Pursuant to your request I have solicited and obtained the
Attorney's opinion regarding the jurisdiction of the Code Enforcement
Board.
Please find enclosed a copy of same which is self-explanatory.
e~~