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HomeMy WebLinkAbout2006 09 11 Regular 305 Code Enforcement Board Appointment COMMISSION AGENDA ITEM 305 Regular September 11. 2006 Regular Meeting Mgr. Dept. Authorization REQUEST: The City Clerk requests that Mayor John F. Bush or a Member of the City Commission make an Appointment to fill a vacancy on the Code Enforcement Board. PURPOSE: The purpose of this Agenda Item is for the Mayor or a Member of the City Commission to make an Appointment to the Code Enforcement Board. CONSIDERATIONS: Recently, Advisory Board Member Mr. Laurent Pellerin resigned from the Code Enforcement Board. Also of consideration is that the Code Enforcement Board has two (2) Alternates, Mr. Jim Pitts is Alternate 1, and Ms. Sherri P. Moore is Alternate 2. Mayor Bush or any Member of the City Commission may wish to Appoint one (1) of the current Code Enforcement Board Alternates to this new vacancy on the Code Enforcement Board. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - SEPTEMBER II, 2006 REGULAR AGENDA ITEM 305 PAGE 2 0F 3 As the Code Enforcement Board has specific criteria noted about its membership, the following information is included for your review: The following is an excerpt from the City's Code of Ordinances: Sec. 2-57. Membership; appointment; qualifications. "The code enforcement board shall consist of seven (7) members to be appointed by the city commission. Appointments to the board shall be 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 businessman, an engineer, a general contractor, a subcontractor and a realtor or as otherwise provided by law." TYPE OF EMPLOYMENT FOR THE CURRENT CODE ENFORCEMENT BOARD MEMBERS: . Dick Crenshaw (Businessman) . Alisa Kaufman (Data Engineer) . Mathew Matisak (Director of Training) . Gregory Roero (Teacher) . Leah Weisman (Special Education Teacher) . Jim Wentz (Controller) . Vacancy Alternates: . James B. Pitts (Businessman) . Sherri P. Moore (Administrative Assistant) The Code Enforcement Board is a seven (7) Member Advisory Board [with two (2) Alternates], which typically meets on the third Tuesday of each month, beginning at 7:00 p.m. Their Term of Service is for three (3) years. The Code Enforcement Board is the only Advisory Board/Committee which does not have specific Seat-related Appointments. RECOMMENDATION: Mayor Bush or any Member of the City Commission is requested to make an Appointment to fill the Seat previously held by Mr. Paul Krebs. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 REGULAR AGENDA ITEM 305 PAGE 3 0F 3 If one of the current Code Enforcement Board Alternate Members is appointed to serve as one of the seven (7) Code Enforcement Board Members, then the Mayor or any Member of the City Commission is asked to consider making an appointment(s) to fill the now open Seat of Alternate, or any other related Appointment(s). A TT ACHMENTS: A. Resignation Letter from Mr. Lauren Pellerin B. Current Code Enforcement Board Memberlist. C. Excerpt from the Code of Ordinances related to the Code Enforcement Board. COMMISSION ACTION: ATTACHMENT "A" August 31, 2006 Ms. Andrea Lorenzo- Luaces City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Dear Ms. Lorenzo-Luaces: I am writing this letter to officially resign from the Code Enforcement Board effective September 1, 2006, due to health reasons. Thank you, I enjoyed working on the Board and wish everybody well. Sincerely, Mr. Laurent Pellerin cc: Mayor City Commissioners Chairman Mathew Matisak ATTACHMENT "B " CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708.2799 Telephone: (407) 327-1800 Fax: (407) 327-4753 Website: www.winterspringsfl.org MEMBERS: Ms. Leah Weisman 113 Brookshire Court Winter Springs, Florida 32708 Telephone: (407) 327-6215 [Residence] Term Expires: July 2008 LOCATION: City Of Winter Springs Municipal Building (City Hall) 1126 East State Road 434, Winter Springs, Florida 32708 Commission Chambers MEETING DATES: Regular Meetings Are Held On The Third Tuesday Of Each Month Mr. Jim Wentz 105 Windsor Cresent Street Winter Springs, Florida 32708 Telephone: (407) 327-2243 [Residence] Term Expires: July 2007 MEETING TIME: 7:00 p.m. Mr. Mathew Matisak, Chairman 794 Seneca Meadows Road Winter Springs, Florida 32708 Telephone: (407) 327-8484 [Residence] Telephone: (407) 771-6812 [Business] Telephone: (407) 252-7531 [Mobile] Term Expires: July 2009 2006 REGULAR MEETING SCHEDULE: January 17,2006 May 16,2006 February 21,2006 June 20, 2006 March 21, 2006 July 18, 2006 April 18, 2006 August 15, 2006 September 19, 2006 October 17,2006 November 21,2006 December 19,2006 Ms. Alisa Kaufman 750 Tanglewood Road Winter Springs, Florida 32708 Telephone: (407) 325-3255 [Residence] Term Expires: July 2008 STAFF REPRESENTATIVES: Captain Glenn Tolleson, Police Department Ms. Cathy Davidson, Code Enforcement Inspector, Code Enforcement Bureau, Police Department Mr. Jose Romero, Code Enforcement Inspector, Code Enforcement Bureau, Police Department TERM OF SERVICE: 3 Years Mr. Dick Crenshaw 751 Summerland Drive Winter Springs, Florida 32708 Telephone: (407) 696-0678 [Residence] Term Expires: July 2009 ALTERNATE MEMBERS: Mr. James B. Pitts (Alternate #1) 904 Augusta National Boulevard Winter Springs, Florida 32708 Telephone: (407) 365-8194 [Residence] Telephone: (407) 341-3704 [Mobile] Term Expires: July 2008 Mr. Gregory Roero, Vice Chairman 602 Silvercreek Drive Winter Springs, Florida 32708 Telephone: (407) 327-1563 [Residence] Term Expires: July 2007 Vacant Ms. Sherri P. Moore (Alternate #2) 925 Dyson Drive Winter Springs, Florida 32708 Telephone: (407) 359-1026 [Residence] Telephone: (407) 896-3111 [Business] Term Expires: July 2008 Term Expires: July 2007 DOCS/adv isoryboardsandcomm i tteesl codeen force men tboardl allllmeetings12 006mem ber! i sl. xis Revised 09/01/06 ATTACHMENT "C" ~ 2-42 WINTER SPRINGS CODE ad hoc committees of temporary duration. Any board or committee member, at the time of the effective date of this subsection [Jan. 14, 2002] who is a member of more than one (1) board or committee, may continue to serve on each such board or committee until the expiration of the current term of each respective board, the mem- ber resigns from such board or committee, or is removed, in accordance with this Chapter, from any such board or committee. (Ord. No. 2001-49, ~ 2, 10-8-01; Ord. No. 2001-61, ~ 2, 1-14-02; Ord. No. 2002-28, ~ 2, 9-23-02; Ord. No. 2005-31, ~ 2, 11-28-05) Sees. 2-43-2-55. Reserved. DIVISION 2. CODE ENFORCEMENT* Subdivision A. Boardt Sec. 2-56. Creation. The city does herewith and does hereby create a code enforcement board pursuant to the terms of F.S. Ch. 162. (Code 1974, ~ 2-51) Sec. 2-57. Membership; appointment; quali- fications. The code enforcement board shall consist of seven (7) members to be appointed by the city commission. Appointments to the board shall be on the basis of experience or interest in the fields of zoning and building control. The membership of the enforcement board shall, whenever possi- .Cross references-Animals, Ch. 4; arbor, Ch. 5; build- ings and building regulations, Ch. 6; fIre prevention and protection, Ch. 7; flood damage prevention, Ch. 8; land devel- opment, Ch. 9; licenses and business regulations, Ch. 10; nuisances, Ch. 13; planning, Ch. 15; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17; utilities, Ch. 19; zoning, Ch. 20. State law reference-Code enforcement boards, F.S. Ch. 162. fEditor's note-For classifIcation purposes, ~~ 2-56- 2-65 have been categorized as Subdiv. A, Board. See editor's note at Subdiv. B, ~~ 2-66-2-69.8, herein. Supp. No.8 ble, include an architect, a businessperson, an engineer, a general contractor, a subcontractor and a realtor or as otherwise provided by law. (Code 1974, ~~ 2-52, 2-53; Ord. No. 2002-28, ~ 2, 9-23-02; Ord. No. 2005-26, ~ 2, 9-12-05) State law reference-Membership, F.S. ~ 162.05. Sec. 2-58. Election of officers; quorum; com- pensation; expenses. The members of the enforcement board shall elect a chairman from among its members who shall be a voting member. The presence offour (4) 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 per diem expenses as may be authorized by the city commission or otherwise as provided by law. (Code 1974, ~ 2-54) State law reference-Similar provisions, F.S. ~ 162.05(3). Sec. 2-59. Code inspector; duties. There shall be a code inspector who may be any authorized agent or employee of the city. It shall be his duty to ensure code compliance 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, the code inspector shall notify the violator and give him a reasonable time to correct such violation. Should the violation con- tinue beyond the time 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 the violator by certified mail, return receipt requested. Where mail would not be effec- tive, notice shall be by hand delivery by the code inspector. Notwithstanding the above, in the event the code inspector has reason to believe a viola- tion presents a serious tlu:.e.flt to the public health, safety and welfare, or the violation is irreparable or irreversible in nature, the code inspector may proceed directly to the hearing procedure pro- vided in section 2-60 and make a reasonable effort to notify the violator. (Code 1974, ~ 2-55) State law reference-Similar provision, F.B. ~ 162.06(2), (3). 138 ADMINISTRATION Sec. 2-60. Hearings. (a) Hearings of the code enforcement board may be called upon request of the code inspector or by the chairman of the board or by written notice signed by at least three (3) 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 (2) months, but it may meet more or less often as the demand necessitates. Minutes shall be kept of all hearings by the code enforce- ment board .and all hearings and proceedings shall be opened to the public. The city commission shall provide clerical and administrative person- nel 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 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 code enforcement board shall take testimony from the code inspec- tor and the alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern such proceedings. (b) At the conclusion of the hearing, the code 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 consistent with powers granted herein. The findings shall be by motion approved by a major- ity of those present and voting, except that at least four (4) members of the code enforcement board must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by that date. (Code 1974, ~ 2-56) State law reference-Conduct of hearing, F.S. ~ 162.07. Sec. 2-61. Powers. The code enforcement board shall have the following powers: (1) Adopt rules for the conduct of its hear- ings; Supp. No.8 139 2-61 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No.8 140 ADMINISTRATION (2) Subpoena alleged violators and witnesses to its hearings which may be served by the county sheriff or by the police depart- ment of the city; (3) Subpoena evidence; (4) Take testimony under oath; (5) Issue orders having the force of law com- manding 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 code enforcement board has not been complied with by the set time. The violator may be ordered to pay a fine not to exceed two hundred fifty dollars ($250.00) for each day the violation continues past the date set for compliance or for each time the violation has been repeated. A certified copy of an order imposing a fine may be recorded in the public records and there- after 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 six (6) months from the filing of any such lien which remains unpaid, the en- forcement board may authorize the city attorney to foreclose on the lien. (Code 1974, ~ 2-57) Cross reference-Authority to enforce uniform building numbering systems, ~ 9-376. State law reference-Similar provisions, F.S. ~~ 162.08, 162.09. Sec. 2-61.5. Application for satisfaction or release of code enforcement liens. Where a certified copy of an order imposing a penalty or fine, as described above in section 2-61, has been recorded in the public records and has Supp. No.2 ~ 2-61.5 become a lien against the land and/or property of the violator, such violator may apply for a satis- faction or release of such lien as follows: (1) Upon full payment by the violator of the fme or penalty imposed in accordance with this chapter, the city manager is hereby authorized to execute and record a satisfaction of lien. (2) Upon request for a reduction or forgive- ness of a fine or penalty imposed in accor- dance with this chapter, the violator shall submit a written application to the com- munity development director. (3) The application shall include, but may not be limited to the following: a. The code enforcement case number; b. The date upon which the violator brought the subject property into compliance with the City Code; c. The factual basis upon which the violator believes the application for reduction or forgiveness of the lien should be granted; d. The terms upon which a satisfaction or release of lien should be granted; e. The reasons, if any, compliance was not obtained prior to the order of penalty or fine being recorded; f. The reduction in penalty or fine sought by the violator; and g. Any other information which the vi- olator deems pertinent to the re- quest, including but not limited to the circumstances that exist which would warrant the reduction or for- giveness of the penalty or fine. This application shall be executed under oath and sworn to in the presence of a notary public. (4) The violator shall submit at the time of application payment to the city in the amount necessary to reimburse the city for its costs associated with recording thehorder imposing a penalty or fine and the requested satisfaction or release of lien. These costs are non-refundable, without 140.1 WINTER SPRINGS CODE regard for the final disposition of the application for satisfaction or release of lien. (5) Upon receipt of the application for satis- faction or release of lien and payment provided above, the community develop- ment director shall confirm through the code enforcement department that the violation which resulted in the order im- posing penalty or fine has been brought into compliance. If the violation has been brought into compliance and there is no current code violation upon the property in question, the community development director shall place the application upon the agenda of the next regularly sched- uled meeting of the code enforcement board for the City of Winter Springs. At the hearing before the code enforce- ment board, the board shall review and consider the application for satisfaction or release of lien, provide the violator with an opportunity to address the board re- garding the application for satisfaction or release of lien, and to take the testimony of other interested parties, including but not limited to city staff. (6) Upon review of the application and any testimony presented, the code enforce- ment board shall recommend to the city commission approval, approval with con- ditions, or denial of the application for satisfaction or release of lien. The code enforcement board, in determin- ing its recommendation, shall consider the following factors: a. The gravity of the violation; b. The time in which it took the viola- tor to come into compliance; c. The accrued amount of the code en- forcement fine or lien; d. Any previous or subsequent code vi- olations; e. Any financial hardship; Supp. No.2 f/JfJ f.~ Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine; After a recommendation has been ren- dered by the code enforcement board, the community development director shall place the application for satisfaction or release oflien upon the agenda ofthe next regularly scheduled city commission meet- ing. The city commission may take action solely based upon the sworn application and recommendation of the code enforce- ment board, and information provided by the violator in regard to the application for satisfaction or release of lien; The city commission may approve, ap- prove with conditions, or deny the appli- cation to satisfy or release of lien. If the city commission approves the application to satisfy or release the lien and the approval is conditioned upon the violator paying a reduced penalty, fine, or any other condition, the satisfaction or release of lien shall not be prepared or recorded until the condition(s) placed by the com- mission have been satisfied. The violator shall have thirty (30) days in which to comply with the conditions im- posed by the city commission. Failure of the violator to comply will result in the automatic denial of the application for satisfaction or release of lien. If the application is denied or if the appli- cation is automatically denied due to the failure of the violator to comply with the conditions imposed by the city commis- sion, the violator shall thereafter be barred from applying for a subsequent reduction or forgiveness of the lien for a period of one (1) year from the date of denial. Dur- ing the one-year period, the lien may only be satisfied and released upon full pay- ment of the fine or penalty imposed in accordance with this chapter. (Ord. No. 2001-62, ~ 2, 1-14-02) (8) 7 (~) "1 Sec. 2-62. Duration of lien. No lien provided under the Local Government Code Enforcement Boards Act shall continue for a 140.2 ADMINISTRATION 2-66 periodl(}nger than twenty (20) 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. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The local governing body shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the com- mencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice oflis pendens is recorded. (Code 1974, ~ 2-57.1; Ord. No. 698, ~ 1,2-9-98) State law reference-Similar provision, F.S. ~ 162.10. Sec. 2-63. Appeals. An aggrieved party, including the city commis- sion, may appeal a final administrative order of the code enforcement board to the circuit court. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. (Code 1974, ~ 2-58) State law reference-Similar provisions, F.S. ~ 162.11. Sec. 2~. Notices. (a) All notices required by this article shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector or other person designated by the city commission or by leaving the notice at the violator's usual place of residence with some person of his family above fifteen (15) years of age and inform- ing such person of the contents of the notice. (b) In addition to providing notice as set forth in (a) above at the option of the code enforcement board, notice may also be served by publication or posting, as follows: (1) Such notice shall be published once dur- ing each week for four (4) consecutive weeks, with four (4) publications being sufficient, in a newspaper of general cir- culation in the county. The newspaper shall meet such requirements as are pre- scribed under F.S. Ch. 50 for legal and Supp. No.2 official advertisements and proof of pub- lication shall be made as provided in F.S. ~~ 50.041 and 50.05l. (2) If there is no newspaper of general circu- lation in the county, three (3) copies of such notice shall be posted for at least twenty-eight (28) days in three (3) differ- ent and conspicuous places in such county, one (1) of which shall be at the front door of the courthouse in such county. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under (a) above. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in (a) above, together with proof of publication or post- ing as provided in (b) above, shall be sufficient to show that the notice requirements of this article have been met, without regard to whether or not the alleged violator actually received such notice. State law reference-Similar provision, F.S. ~ 162.12. Sec. 2-65. Provisions of article supplemen- tal. 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. (Code 1974, ~ 2-59) State law reference-Similar provision, F.S. ~ 162.13. Subdivision B. Citations* Sec. 2-66. Intent. The City of Winter Springs hereby creates a supplemental and additional method of enforcing its codes and ordinances by the issuance of cita- *Editor's note-Section I of Ord. No. 547, adopted Nov. 22, 1993, provided for the addition of ~~ 2-66--2-66k herein. Said sections have been included herein as Subdiv. B, ~~ 2- 66--2-69.8, at the editor's discretion. 140.3 2-66 WINTER SPRINGS CODE .tions for violation of city codes or ordinances. The provisions of this subdivision 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. (Ord. No. 547, ( 2-66), 11-22-93) Supp. No. 2 140.4 ADMINISTRATION 2-69.3 Sec. 2-67. Definitions. For purposes of this subdivision, the following definitions shall apply: City. The City of Winter Springs. 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. (Ord. No. 547, S I(s 2-66a), 11-22-93) Sec. 2-68. Designation, qualifications and training of code enforcement of- ficers. 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 enforce- ment officers shall be d~termined by the city manager. Designation as a code enforcement of- ficer does not provide the code enforcement officer with the power to arrest or subject the code enforcement officer to the provisions of Sections 943.085 through 943.255 of the Florida Statutes. Nothing in this subdivision amends, alters, or contravenes the provisions of any state-adminis- tered retirement system or any state-supported retirement system established by general law. (Ord. No. 547, S I(s 2-66b), 11-22-93) Sec. 2-69. Authority of code enforcement of- ficers. All designated code enforcement officers are authorized to issue a citation to a person when based upon personal investigation, the code en- forcement 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. (Ord. No. 547, S I(s 2-66c), 11-22-93) Sec. 2.69.1. 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 Supp. No.1 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 pro- vide the person with a reasonable time period to correct the violation prior to issuing a citation and shall 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. (Ord. No. 547, S I(s 2-66d), 11-22-93) Sec. 2-69.2. Delivery 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 leav- ing 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 re- quested. Whenever an alleged violator is required to do some act within a prescribed period after a warn- ing notice or citation is delivered by mail, three (3) days shall be added to the prescribed period. (Ord. No. 547, S I(s 2-66e), 11-22-93) Sec. 2-69.3. Violation classification and civil penalty. (a) Violations of city codes or ordinances and the applicable civil penalties shall be classified as follows: Violation Classification Class I Class II Class III Class IV Civil Penalty $ 50.00 100.00 200.00 300.00 141 2-69.3 WINTER SPRINGS CODE City codes and ordinances subsequently en- Section Title Class acted or amended may set forth the applicable 13-2(b) B. Junk and debris civil penalty for violations by designating the I appropriate violation classification. 13-2(b) C. Equipment strewn around yard I (b) Each violation of a city code or ordinance in the schedule of violations in subsection (a) herein 13-2(d) Stagnant pool I is a separate civil infraction. Each day such 13-2(b) Tree trimmings and violation shall continue shall be deemed to con- yard trash I stitute a separate civil infraction. 13-2(c) Unsafe/unsanitary I (c) Court costs in the amount of ten dollars ($10.00) per citation collected shall be retained by 9-374 House and building the clerk of circuit court. The civil penalties set numbers I forth above include said court costs. 13-26 Loud party I (Ord. No. 547, ~ I(~ 2-66f), 11-22-93) 13-33 Loud music I Sec. 2-69.4. Schedule of violations. 13-34 Animal and bird (a) Violation of the following city codes or or- noises I dinances is a civil infraction for which a citation 10-137 No garage sale per- may be issued: mit I Section Title Class 16-27(b) Illegal handbills I 16-57 Illegal signs I 16-25 Handbills on autos I 9-349 A. Handicap I 16-27(b) Cast periodicals I 16-57 B. Ads I 16-57 C. Snipes I 13-2 Littering RO.W. I 16-56(b) D. RO.W. I 13-2(b) Littering private 16-53 E. Erected signs I property I 16-83 F. Garage sale I 7-26 Open burning I Motor Vehicle Violations 7-79 Obstruction of hy- 12-66 For sale/repairs on drants I RO.W. I 11-5 Use of air guns/sling- 20-431 A. RV I shot/etc. by a minor I 20-411 B. Boat and trailer I 10-136 Soliciting I 20-411 C. Camper I 4-1 Animal control viola- 20-411 D. Work trailers I tions I 12-67 E. Parking between 4-1 A. Barking dog I lines I 4-1 B. Loose cat or dog I 12-53 F. Abandon on 4-1 C. Animals defecat- RO.W. I ing or urinating I 12-65 G. Parking/standing 4-2 D. Over two (2) cats street I or two (2) dogs I 20- H. Prohibited vehi- 431(1)a-h cles I 4-1 E. Loose animals I 4-1 F. All other animal 20-433 I. Disabled vehicles I violations I 13-2(b) Outdoor storage I 13-2(b) A. Trash I Supp.No.l 142 ADMINISTRATION Section Title Class 17-1 Hazards (obstruc- tions) R.O.W. I 7-27 Fireworks and explo- SIves I All second offenses of class I II 6-46 No building permit II 10-26 No occupationalli- cense II 5-3 No arbor permit II 7-1 Spreading fire II 7-1 Failure to notify fire II 493 No meter backflow II All second offenses of class II III Third offenses of class I III 6-217 No pool enclosure III 9-349(a), (b), (c) Site plan violation III 6-165 Building mainte- nance to code III Additional offenses to class I, II, and III IV Violation Classification Civil Penalty Class I $ 50.00 Class II 100.00 Class III 200.00 Class IV 300.00 (b) The citations issued pursuant to sections 2-69.2, 2-69.3, and 2-69.4 may be contested in county court in and for Seminole County. (Ord. No. 547, ~ l(~ 2-66g), 11-22-93) ~ 2-69.6 Sec. 2-69.5. Procedures to payor contest ci- tations. (a) Any person cited for a violation under sec- tions 2-69.1, 2-69.2, 2-69.3, and 2-69.4 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 infrac- tion and to have waived his right 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 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 waived 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 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 re- quired 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 ~ 775.082 or ~ 775.083 of the Florida Statutes. (Ord. No. 547, ~ l(~ 2-66h), 11-22-93) Sec. 2-69.6. 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. 143 2-69.6 WINTER SPRINGS CODE (2) The name and address of the person to whom the citation is issued. (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 en- forcement 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 per- son 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 con- test the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (Ord. No. 547, ~ I(~ 2-66i), 11-22-93) Sec. 2-69.7. Disposition of citations and civil penalties. (a) After issuing a citation to an alleged viola- tor, the code enforcement officer shall: (1) Deposit the original citation and one (1) copy of the citation with the clerk of the circuit court; (2) Provide the alleged violator with one (1) copy; (3) Deposit one (1) copy with city clerk; and (4) Retain one (1) copy in the code enforce- ment 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 court costs shall be retained by the clerk of the circuit court. (Ord. No. 547, ~ I(~ 2-66j), 11-22-93) Sec. 2-69.8. Provisions supplemental. It is the legislative intent of this subdivision to provide an additional and supplemental means of obtaining compliance with city codes and ordi- nances. Nothing contained in this subdivision shall prohibit the city from enforcing its codes or ordinances by any other means. COrd. No. 547, ~ I(~ 2-66k), 11-22-93) DIVISION 3. RESERVED* Sees. 2-70-2-73. Reserved. Sees. 2-74,2-75. Reserved. DIVISION 4. BEAUTIFICATION BOARDt Sec. 2-76. Created. There is hereby created "The Beautification of Winter Springs Board" (hereinafter referred to as "BOWS"). (Ord. No. 459, ~ 1, 5-22-89) Sec. 2-77. Composition; appointment ofmem- bers. BOWS shall consist of seven (7) members, five (5) members to be appointed by the city commis- sion and two (2) members to be appointed by the mayor. (Ord. No. 459, ~ 2, 5-22-89) *Editor's note-Ord. No. 709, ~ I, adopted Dec. 14, 1998, repealed Former Div. 3, ~~ 2-70-2-73, in its entirety which pertained to the commerce and industry development board and derived from Ord. No. 424, ~~ 1-4, adopted July 11,1988. tEditor's note-Ord. 459, ~ 1, adopted May 22, 1989, did not specify manner of codification; hence, inclusion herein as Div. 4, ~~ 2-76-2-80, has been at the discretion of the editor. Cross references-Building regulations generally, Ch. 6; fences, walls and hedges, ~ 6-186 et seq.; land development, Ch. 9; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17; zoning, Ch. 20. 144