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HomeMy WebLinkAbout1986 11 18 Regular , \ \ " , A . ?-.--. to. .. .. . " I I I t' (- () ORDINANCE NO. 226 AN ORDINANCE'OFTHE CITY OF WINTER SPRINGS, FLORIDA, CREATING A CODE ENFORCE~ENT BOARD PURSUANT TO THE NE~'lLY 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, b~~lding, 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. ~OW, 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 ,-' ';J:J.[I board shall be in accordance with the terms of the city Charter on the basis of experience or interest in the flelds of zoning and building. 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 " fJG 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 .. i , '. .- .......... "-. . . --.. ; :'" ~07 '-. """-. . _. :. .'.. " ~ ,,'C, :. ',- ~-:'.~.-~::~i;~"..~~?~{~~ '. .;-". '"__.."...,..-i '~.. , , \ ( , ! : . I - ------ f i ~II (' . . . .... 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 successivem~etingswithout cause and without prior approval of the Chairman shall automatically forfeit his appoint- rnent, and the City Council shall promptly fill such vacancy. The met!1~er~ 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 compli-ance 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 inspec~or shall notify the vio- lator and give him a reasonable time to correct said violation. Should the violation continue beyon.a. the timer.specified for correction, the code inspector shall notify the enforcement board and request a hearing 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 " . " I:, ,. ~ ~ i ~ i j 1 j I '--. '---. .r' . I ~I The Code Enforcement Board anv hearinq of the enforcement board., - - should attempt to convene at least,once ever'! 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 Councll shall provide.clerical and ad- ministrative personnel as may be reasonably r~quired.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 ~o review. SECTION VIr - The Code Enforcement Board shall have the following powers: (I) 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 ordered 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 I ~; such lien which remains unpaid, the enforcement board may authorize the City Attorney to forec~o-se on the lien. ., ... .~ - ,.~:7-:..~.;~~_~~~-~,~...~:::_:~.1:.,~:z;';::~~~~ " . . ~'. ~:~-- 4" r 1 j: i " ; j j ~ l. i I:: h ji, 1.: .i.l r I','. :1: i! i, i' h j: ~: f If '1 1, t, n 1: , l ~ I' n ~ ~ ~ I ! IP.,' '! "-- l... . . SECTION VIII An aggrieved party may appeal a ruling or I . 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 i~~ediately upon its final passage and adoption or on the 1st day of October, 1980, whichever shall occur last. PASSED AND ADOPTED this 3() ~7i. k.J L9,fi) · . "" ". day of 1980. FIRST READING 12,,'f}"O!> c2 ~ /~ cYJ SECOND READINGJ;~;-r) 3~ 19FiJ CITY OF ...-.....-. . J ....' ~';::;\ ....).....,.;:,:~...... WINTER ,.S.PRINGS, F"tOPj:.DA (':.1 :..... ..~.,:~) ..", "'\ : /, '. . -'./ ...... ... ..-. \ \ .. .1 \ . , . t (. . ATTEST: ih~;r:~ C TY C ERK ,~..., -..; V" - o~~.....", T~.:!S OR~::-':J.:i<;tt c:j~~) ~ t~.:s~~~1 ~ 7.x4 ~t.Y UFLkj-N.E2.... . ,~~ c.',...r.cd ,) :;.:.... City (ieik .-.......... ". -- .\1 t~~s~~~~~j P 143 594' lib? RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) 'It Sent to i .. eo eft ... Mr. Flo d Jacobs Street ang~a. Lake Kathryn o a; CI Postage u; ::) ... $ Certified Fee .22 .75 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing 70 to whom and Date Delivered . C'l CD en - ~ II U. o P o ~ E ... o u. I/) Q. $ 1. 67 ~,y ~J ~~~ ~ :;, ~ ~ co '" Q CO' i ~ c =J ~ '" eo D < ~ '" ':.s' ,co ~ ~, ~ CD ~ ~I ~ ?..o a~ ~~ 3 ~ _...... 0.; s.:g -nO S;~ :3 ill w'" ~i o Q ~ '" =:' c; '" co ~ ~ '" c eo '" co ~ ~ Vi :0"" m_ (f)- -1~ :00 ()~ -i~" m'" eo 0- cg ~ ~- << m_ :JJffi -<~ g ~ :;-0. '" - ~i o -'" _a ~i Qrn '" ?, co '" Q '" c CO' o N ~ 0. '" co '" eo s. CO' '" '" g i ~ eo ~ ~?,' ~ ,{ =] Q -J , . '< :- 0:; ~ -d.::::::E 0-' r'...o ~ 0-> ~::> ~'~~ -~ro m;:;-c ~~i 3-;::E 00- --~~' '"0- ::l_CO' Q:;-~ ro (1) (1) '" ::l :D~~ mr,ro ~- 0. -1'" CD"~ :JJ'< ~ Z~~ :JJ~3 m<.n ::J ()O~ m~D-> _::::r~ "0"'0. ......\0 '< C 0 :D3~ m=Jeo 0"''" Co.=] moo(tJ (f)~o.> ......UJg m~o.> Ov>CL DOl W Q..l -.., an'" ~'ro~ n 'CO ~ro CD-......:: Ole ~g- ~- s ~' ~ -:::- ::l Ql = ~- ~ o ~ ~~i n ('t) ::E Z m ~ (~-g ~ '" :: c,) ::-) ro !~ o.=:' D ~ CD ,7' ~ '" ?.~ :.T~ ~ ~ ~ .-:J Q.:'D ~ -< 'T; ;:;:; 0'" 3:~ ~('") -"" ~2!: m'" m-< . ~ ~C"> zm 0", ('")-< :t:~ ~3: ",'" C">'" m-< "'0 "T1~ 0", "'-< ~C=; Zr- -< m ",-< mO ;:;;('") ('")0 -<< mm 0'" 0"T1 .,,:;; ~'" 0-< z' ~('") r-> ",,,, m'" "'." ::;0 ('")'" m-< "'~ , '" -;!T' g: ::lro ~' ~ :3~ ro-g ro ~ ~ ~ -s~ ,,, a Q 0- ';:s. :3 n ~ ;-.::- _CO' :::rro co co '" c ::l3 Q~ mOl ~ CT g eo '" ro =1' is ::l <5 ro':.c w c -.. ::) ~' 3 Dm oa ~ ~ g~ ~ g 'n 1111 fT ex . SENDER: Complete items 1. 2. 3 and 4. "Il Sl Put your addren in the "RETURN TO" space on the a reverse side. Failure to do this will prevent this card from ~ being returned to you. The rewrn receiPt fee will provide .. YOU the name of the person delivered to and the date of ~ delivery. For additional fees the following services lire t' available. Consult postmaster for f_ and check box(es) < for serv~(s) requested. i 1. '.P"shOW to whom, date and addren of delivery. t 2. D Restric~ Delivery. ... ! i 3. Article Add;essed to: Mr. Floyd Jacobs 590 Lake Kathryn Circle Casselberry, FL 32707 4. Type of Service: Article Number" D Registered D Insured iii Certified Deco P143 594 317 D Express Mail o i X c: ~ n X :zl m ~ C :II Z :II m n m .:;; ~ .. o .. lC 00 'tI .g 0 0 .r--U ON ~ a: C"'l N .. 'tI .. r: 3 H · Z co r:r.. .. 0 . .. H ~ ..!p:: <( Cf.l ~ 0 :~ ~ Z ~I-I~>< ;~ ~ I..i:.1 ~ ; o ~ci~ >< "'!H H N Z 1-1..... 1-1 u..... ~ ~ ~I 12... ~! ~ w ~ ~Iif ~!;I.' ;. \:... '. 1 \ \ , " .! . rJ i it 1 :;: I - -I r (m I~ ~I.II: ~'O Ut! m ~~ : li]1. .., ~ ~'! '!:I:: - II: , . :t a: - · · oJ ~o lD Fi i ",u 11 "".A ... ~! Nl! J J. , ; ~ ii::g P~s: ~ ~ i i J~il! . Q CO-i!oJ-" ~ ;.2-ai!!j Z z ~J E;,;f:l ~ 0 ::J 1: 18colill Iii" ;E -- - a: . /I Cf.li 0~ ze I-lCO..;:t P::'SC"'l P-Ie..;:t Cf.l i . p::!p:: ~ H . Z Cf.l 1-1 "";;00 ;..; ci z ci ri .. Z H H ~ . . . ORDER OF THE CODE ENFORCEMENT BOARD "';CITYOFWINI'ER SPRINGS IN RE: ROBERT J. BOGAN The Code Enforcenent Board of the City of Winter Springs, Florida sat in Hearing on November 18, 1986 in the matter of Robert J. Bogan to detenni.ne whether Mr. Bogan is in violation of Section 44.81 of the Code of Winter Springs, Florida. Upon hearing all evidence on the matter, the Board arrived at the following: . FINDINGS OF FACT AND TAW 1. Mr. Robert J. Bogan was in violation of Sec. 44.81 which is a coomercial vehicle stepvan/and truck in excess of 3/4 ton parked in a residential area and there has been a continuing violation. After arriving at the foregoing Findings of Fact and Law, the Board enters an Order as follows: . ORDER OF THE BOARD 1. Mr. Bogan CCllle into canpliance of the code or be fined $50.00 per day per violation and fine to take effect for each violation that occurs after the time that the Order of the Board is delivered to Mr. Bogan, and is verified by/the City Police. Now then the Code Enforcem:mt Board of the City of Winter Springs, Florida instructs all enforcem:mt procedures to be instituted to accarplish this Order. This 02S~y of November, 1986. ~. \~L ~, CHAIRM\L~ ENFORCEMENT BOARD CITY OF t.JINl'ER SPRINGS . e . o ~ m en -t n ::D m -t C ::D Z ::D m (") I!!! ,"0 -t ,~ .. o ,j :. .. .. "fl .. ?' .... ID 00 0\ IT] 0- oj 0& '" )...:t.-; , .,"~~..,;; ,.-,,! " .~.' :"~; ;;~-,. "...- ......