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HomeMy WebLinkAbout2011 08 16 Other Referred to by Kate Latorre During Reports Date: August 16, 2011 The attached document was referred to by Assistant City Attorney Kate Latorre to the Code Enforcement Board at the Meeting on August 16, 2011 during Reports. City of Winter Springs, Florida Code Enforcement Board Policy And Procedures Manual I. NAME The name of this Board shall be the "Code Enforcement Board of the City of Winter Springs, Florida." II. INTENT It is the intent of this Board to promote, protect, and improve the health, safety, and welfare of the citizens of the City of Winter Springs, Florida as an administrative Board with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any City Codes and Ordinances in force, where a pending or repeated Violation continues to exist per section 162.02, Florida Statutes. III. JURISDICTION The Board has non-exclusive jurisdiction over the Enforcement of City Codes of the City of Winter Springs, Florida as provided in the City Code and Chapter 162, Florida Statutes. When these Rules, as outlined in the City of Winter Springs, Florida Code Enforcement Board Policy & Procedures Manual, herein known as WSCEB Policy, conflict with any provision of the City Code, Florida Statutes or other law, the City Code, Florida Statutes or other law shall prevail. IV. OFFICERS AND THEIR DUTIES A. The Officers shall be a Chairperson and Vice Chairperson. The City of Winter Springs shall provide a Clerk to assist the Board per section 162.07(1), Florida Statutes. B. The Chairperson shall preside at all Meetings and Hearings of the Board and shall have the duties normally conferred by parliamentary usage of the Officers. C. The Chairperson shall sign all official correspondence from the Board. D. The Chairperson shall be one of the Members of the Board. To be eligible for the position of Chairperson, the Member must have a minimum of one (1) year service on the Board. The Chairperson shall have the privilege of discussing all matters before the Board and shall have the same Voting rights as all Board Members. E. The Chairperson has the authority to approve the absence of any Board Member per section 162.05(3)(e), Florida Statutes. CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD POLICY AND PROCEDURE MANUAL PAGE 2 OF 8 F. When the Chairperson is declared absent, the Vice Chairperson shall assume the title, duties and rights as Chairperson for the Meeting or Hearing. Upon adjourmnent of said Meeting, title, duties and rights as Chairperson return to the original Officer. G. In the absence of a Chairperson and Vice Chairperson at a Meeting or Hearing, the Board Member that is the longest sitting Member in totality shall assume the title, duties and rights as Chairperson for the Meeting or Hearing. Upon adjournment of said Meeting, title, duties and rights as Chairperson return to the original Officer. V. ELECTION OF OFFICERS A. Nomination of Officers shall be made from the Board Members at the Annual Organizational Meeting held in January, and the Election shall be held immediately thereafter. The Election of Officers will always take precedence over an Agenda Item and as such shall be first to be conducted during the evening. Following its conclusion, the newly elected Officers will take their roles to complete the rest of the Meeting. If the Election does not occur at the January Meeting, it shall be held as soon thereafter as is reasonably possible. B. A candidate receiving a majority of the Votes cast shall be declared elected and shall serve a term of one (1) year or until a successor shall take Office. C. Vacancies in the Office of the Chairperson shall be filled by the Vice Chairperson until the following Election year. At that time, a new Chairperson shall be elected. Vacancies in the Office of the Vice Chairperson shall be filled as soon as possible for the remainder of the term by following the Election procedure described above. VL MEETINGS A. Regular Meetings: Regular Meetings shall be held on the third Tuesday of each month at 7:00 p.m. in the Commission Chambers of City Hall, 1126 East State Road 434, Winter Springs, Florida, or any other City facility as deemed necessary. B. Special Meetin�s: Special Meetings may be called by either the Code Inspector, the Chairperson or by written notification whereof at least three (3) Members of the Board to the Chairperson per section 162.07(1), Florida Statutes. C. Notice: 1. Notice of all Meetings, both Regular and Special, shall be given to each Board Member at least twenty-four (24) hours in advance of the Meeting. Revised 8/16/2011 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD POLICY AND PROCEDURE MANUAL PAGE 3 OF 8 2. Notice of all Meetings shall be provided to the Clerk of the Board for inclusion on the City's schedule of Meetings and Events. D. Attendance: 1. Board Members shall notify the Clerk of the Board if they cannot attend a Meeting. 2. The Clerk of the Board shall then contact the Chairperson to determine if the absence is considered excused/unexcused per section 162.05(3)(e), Florida Statutes. 3. The absence, whether excused or unexcused, shall then be noted in the Meeting Minutes far the Record. The Chairperson shall also note for the Record the absence and whether it is excused/unexcused during the Meeting or Hearing. 4. If any Member of the Board fails to attend two (2) of three (3) consecutive Meetings without cause and prior approval of the Chairperson, the Board shall declare the Board Member's office vacant and the City Commission shall promptly fill such Vacancy per section 162.05(3)(e), Florida Statutes. 5. Members of the Code Board also may be removed for cause as provided under City Code. E. Quorum: A quorum of the Board shall consist of four (4) or more Members and an affirmative Vote of a majority of those present and Voting shall be necessary to pass any Motion or adopt any Order; provided, however, that at least four (4) members of the Board must Vote in order for the action to be official per section 162.05(4), section 162.07(4), Florida Statutes. F. Votin�: For all Motions, Voting shall be by voice and shall be recorded by each Board Member as `aye' or `nay'. G. Abstention and Conflict of Interest: 1. No appointed Board Member shall participate in any matter which would inure to the Board Member's special private gain or loss; which the Board Member knows would inure to the special private gain or loss of any principal by which he or she is retained; or which he or she knows would inure to special private gain or loss of a relative or business associate of the Board Member, without first disclosing the nature of his or her interest in the matter. Revised 8/16/2011 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD POLICY AND PROCEDURE MANUAL PAGE 4 OF 8 a) Such disclosure, indicating the nature of the conflict, shall be made in a written memorandum filed with the person responsible for recording the Minutes of the Meeting, prior to the Meeting in which consideration of the matter will take place, and shall be incorporated into the Minutes. Any such memorandum shall become a public record upon filing, shall immediately be provided to other Members of the agency, and shall be read publicly at the next Meeting held subsequent to the filing of this written memorandum. b) In the event that disclosure has not been made prior to the Meeting, the disclosure shall be made orally at the Meeting when it becomes known that a conflict exists. A written memorandum disclosing the nature of the conflict shall then be filed within fifteen (15) days after the oral disclosure with the person responsible for recording the Minutes of the Meeting at which the oral disclosure was made. Any such memorandum shall become a public record upon filing, shall immediately be provided to the other Members of the agency, and shall be read publicly at the next Meeting held subsequent to the filing of this written memorandum. c) For purposes of this subsection, the term "participate" means any attempt to influence the decision by oral or written communication, whether made by the Board Member or at the Board Member's direction. H. Procedure: 1. Parliamentary procedure in Board Meetings shall be governed by the Rules of Procedure contained herein and by Robert's Rules of Order, Newly Revised, except that Robert's Rules of Order shall be advisory and not mandatory. In the event of conflict between Robert's Rules of Order and the Rules of Procedure contained here, these Rules of Procedure shall govern. 2. All Board Members shall be recognized individually by the Chairperson through the use of the Board Members' dais light prior to addressing the Board, Code Inspector, Respondent, or Witness. This is to ensure that all questions and discussion are clearly on the recording tape for the Record. 3. All Board Members, Code Inspectors, Respondents and Witnesses are required to use an active microphone when speaking as all testimony must be accurately recorded on tape. 4. Private conversations between Board Members will be prohibited while Meetings or Hearings are in session. Any such conversations may violate the Florida Sunshine Law per section 286.011, Florida Statutes. 5. Each Regular Board Member shall have a microphone and dais light assigned to them by the Clerk of the Board. Revised 8/16/2011 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD � POLICY AND PROCEDURE MANUAL PAGE 5 OF 8 6. The Code Enforcement Board may use the City of Winter Springs Sample Motions to render its orders. If the Sample Motions are not applicable or need to be Amended, the Board Member who is making the Motion may appropriately revise the language of the sample motion to effectuate his or her intent. VII. ORDER OF BUSINESS A. 1. Call To Order 2. Roll Call 3. Invocation 4. Pledge Of Allegiance 5. Agenda Changes 6. Swearing In Of Code Officers 7. Informational Agenda Items 8. Consent Agenda Items (Approval Of Previous Meeting Minutes) 9. Awards and Presentations 10. Reports 1 l. Public Input (Non-Case Specific) 12. Public Hearings Agenda — Continued Cases 13. Public Hearings Agenda — Repeat Cases 14. Public Hearings Agenda — New Cases 15. Public Hearings Agenda — Non-Compliance Cases 16. Regular Agenda Items 17. Adj ournment B. The Order of Business may be suspended by a Majority Vote of the Code Enforcement Board. VIII. ANNUAL ORGANIZATIONAL MEETING A. The Annual Organizational Meeting shall be held in January of each year during the regularly scheduled Board Meeting. This Meeting shall be held regardless of the quantity of Cases that comes before the Board. B. The first Agenda Item during the Organizational Meeting shall be the Election of Officers as defined in Section V of the Winter Springs Code Enforcement Board Policy. C. The Second Agenda Item during the Organizational Meeting shall be to obtain a Motion to Approve an acceptable `Qualification of Posting' for the current year as described in Section 162.12, Florida Statutes. Revised 8/16/2011 C1TY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD POLICY AND PROCEDURE MANUAL PAGE 6 OF 8 D. The Third Agenda Item during the Organizational Meeting shall be to obtain a Motion to Approve the Qualifications of the Winter Springs Code Enforcement Officers. The process will be as follows: 1. The Chairperson will ask each Code Officer who will present in front of the Board for the current year to state their name, title and current Qualifications for the Record. 2. Upon completion, the Chairperson will ask for a Motion to Approve the Qualification as presented. E. The Fourth Agenda Item during the Organizational Meeting shall be a Motion to Re-Adopt the WSCEB Policy for the current year with any Amendments, as applicable. F. The Fifth Agenda item during the Organization Meeting shall be a Motion to Re-Adopt the Sample Motions for the current year and any Amendments, as applicable. G. The Agenda should continue as any other Regular Board Meeting once these Items have been completed. IX. HEARINGS 1. The Chairperson shall open the Hearing and request the Clerk of the Board to read the Case Information. 2. The Chairperson shall ask if the Respondent is present at the Hearing. 3. Swearing in of any Respondents/Witnesses. (who may have not been present at meeting commencement) 4. The Chairperson shall ask if the Respondent wishes to contest the charge(s). a) If charges are not contested, then the Board, at its discretion, may enter an appropriate order. b) The absence of a Respondent at a Hearing does not provide the Respondent the opportunity to answer this question on the Record. Therefore, the Code Officer must present their case before the Board. 5. The Chairperson will ask the Code Officer, "Who is representing the City in this Case?" 6. The Chairperson will ask the Respondent, "Who is representing you in this Case?" 7. The Code Officer will be asked to present hislher Opening Statement. This will include any Witnesses, Evidence and Affidavits. Respondent then has the opportunity to cross- examine. Revised 8/16/2011 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD POLICY AND PROCEDURE MANUAL PAGE 7 OF 8 8. The Code Board will be provided an opportunity to ask questions to the Code Officers and his/her Witnesses. 9. The Respondents will be asked to present his/her Opening Statement. This will include any Witnesses, Evidence and Affida�its. The Code Inspector has the opportunity to cross- examine. 10. The Code Board will be provided an opportunity to ask questions to the Respondents and his/her Witnesses. 11. The Code Officer will be asked to present his/her Closing Statement. This will include any rebuttals to testimony, or Evidence presented to the Board. 12. The Respondent will be asked to present his/her Closing Statement. This will include any rebuttals to testimony, or Evidence presented to the Board. 13. The Code Board will be provided an opportunity to ask questions to either the Code Officer or the Respondent. 14. The Chairperson shall close the Question and Answer session between the Board and the parties and the Board shall go into deliberation. A. Deliberations: 1. The Board may only consider Evidence and testimony which was presented at the Hearing. 2. Upon completion of deliberation, a Board Member may utilize a Sample Motion to effectuate the will of the Board, if applicable, or make an alternate motion. 3. After a motion is made, a second is required for purposes of discussion. After the discussion period has closed, the Vote will then be taken. 4. Upon completion of deliberation, the Chairperson will request the Clerk of the Board to call the next Case. B. Hearin� Procedures: 1. Obj ections. a) During testimony, a presiding Code Officer, Respondent or their representative, may "Object" to any statement or Evidence. At the moment of the Objection, the Hearing and any testimony must stop and the Chairperson shall ask what the Objection is. Once the Objection has been heard, the Chairperson shall state whether the Objection is "sustained" or "overruled" before the Hearing can continue. Revised 8/16/2011 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD � POLICY AND PROCEDURE MANUAL PAGE 8 OF 8 C. Introduction of Evidence: 1. Items entered into Evidence will be designated with an evidentiary label with designation prefix of `WS' for Evidence submitted by the City and a designation prefix of `R' for Evidence submitted by the Respondent. Each item submitted into Evidence shall be identified with a unique sequential number for that Case. 2. The Chairperson shall designate each item into Evidence using the evidentiary label described above. The Chairperson shall identify the Evidence and its evidentiary label for the Record. 3. It is the responsibility of the presiding Code Officer, Respondent or their representative to submit items into Evidence. X. MISCELLANEOUS 1. If a Board Member has a change of contact information, the Board Member has thirty (30) days to contact the Clerk of the Board to update the information. This is to guarantee that all contact information on file is current and correct. Revised 8/16/2011