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HomeMy WebLinkAbout2012 01 23 Regular 600 Code Enforcement - Request from Members to discuss mattersCOMMISSION AGENDA ITEM 600 January 23, 2012 Regular Meeting REQUEST: Informational Consent Public Hearings Regular X KS City Manager ALLL Department The City Clerk requests that the City Commission hear a presentation from the Code Enforcement Board related to their membership, efforts, accomplishments, and any issues they may wish to discuss. SYNOPSIS: On several occasions, the City Commission has expressed a desire to have a review and discussion with each of its current (Advisory) Boards and Committees. This Agenda Item will be the first in a series, with each Agenda Item focusing on one particular Board or Committee with representation from each Board /Committee present at the City Commission meeting to interact with the Mayor and City Commission on the merits and accomplishments of their particular Board /Committee and to also address any concerns they may have.' CONSIDERATIONS: In early 2010, the City Commission received information on all of the Advisory Boards and Committees and made some changes. Since that meeting, the biggest change involved the sunsetting of the Board of Adjustment with the duties normally handled by the Board of Adjustment transferred over to the Planning and Zoning Board /Local Planning Agency. Prior to early 2010, the City Commission approved two (2) additional new Advisory Committees which have begun meeting, the Bicycle and Pedestrian Advisory Committee and the Parks and Recreation Advisory Committee. During this City Commission Regular Meeting, the City Commission will hear from the Regular 600 PAGE 1 OF 3 - January 23, 2012 Code Enforcement Board and the information in this Agenda Item will deal specifically with this Board: Code Enforcement Board (Not an actual "Advisory" Board) Established: 1980 This Board holds Hearings complete with testimony. With discussion on "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 Code Enforcement Board is currently comprised of seven (7) Regular Members. Regular Meetings are held on the third Tuesday of each month. Staff Liaison: Police Department — Code Enforcement Division Legal Representation: Attorney from the Office of the City Attorney FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert /eCitizen Recipients, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations /Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. The Office of the City Clerk has provided information via email and in person regarding the Mayor and City Commission's interest in hearing from the Code Enforcement Board. The Code Enforcement Board has also discussed this matter at least once (if not more) at recent Board meeting(s), prior to attending this City Commission Regular Meeting. RECOMMENDATION: The City Commission is requested to hear from members of the Code Enforcement Board and discuss any matters they deem of interest with the Code Enforcement Board and City Staff, as applicable. ATTACHMENTS: Regular 600 PAGE 2 OF 3 - January 23, 2012 Attachment A: Code of Ordinances Excerpt related to the Code Enforcement Board Regular 600 PAGE 3 OF 3 - January 23, 2012 Attachment "A" 'inter Springs, Florida, Code of Ordinances RT li - CODE OF ORDINANCES a ter 2 - AD V1 , 41NISTRATION ARTICLE III. - BOARD, OMMITTE S, Oar MISSIONS DIVISION . - CODE ENFORCEMENT Subdivision A. - Board Subdivision A. - Board [5) Sec. 2-65. - Provisions of article supplemental. The city does herewith and does hereby create a code enforcement board pursuant to the terms of F.S. Ch. 162. tC,t'Je;' 19 r, v i !f Sec. 2 -57. m Membership; appointment; qualifications.! The code enforcement board shall consist of seven (7) members to be appointed by the cif commission to seats numbered one (1), two (2), three (3), four (4), five (5), six (6) and seven (7) in accordance with section 2- 42 (d). 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 code enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor subcontractor and a realtor or as otherwise provided by law. �. � 9 � ... r � 1,10, 2005-26' w % 9­1 1 rs,. 1'rrc: i t't .rr" 7 r v i '" 't a State law reference— Membership, F.S. § 162.05. Sec. 2 ®58. -Election of officers; quorum; compensation; expenses. The members of the enforcement board shall elect a chairman from among its members w shall be a voting member. The presence of four (4) or more members shall constitute a quorum of tl 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 a provided by law. t C o' t,' 19'7'4, v ',? -5 State law reference- Similar provisions, F.S. § 162.05(3). C ode inspector; d uties. 60 (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 hearing of the code enforcement board. The code' enforcement 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 enforcement board and all hearings and proceedings shall be opened to the public. The city commission shall provide clerical and administrative personnel 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 inspector and the alleged violator. Formal rules of evidence shall notapply, 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 majority 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. State law reference- Conduct of hearing, F.S. § 162.07.' mffi The code enforcement board shall have the following powers: (t ;t' 19'7'4, § ',?-55) State law reference- Similar provision, F.S. § 162.06(2), (3). ( )! ( ( ( ( (6) Adopt rules for the conduct of its hearings;' Subpoena alleged violators and witnesses to its hearings which may be served by the county sheriff or by the police department of the city; Subpoena evidence; Take testimony under oath-,', Issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance; and assess fines upon notification by the code inspector that a previous order of the ;ode enforcement board has not been complied with by the set time. The violator nay 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 he violation has been repeated. A certified copy of an order imposing a fine may k ecorded in the public records and thereafter shall constitute a lien against the Ian >n which the violation exists or, if the violator does not own the land, upon any oth eal or personal property owned by the violator and may be enforced in the same nanner as a court judgment by the sheriffs of this state, including levy against the )ersonal property, but shall not be deemed otherwise to be a judgment of the coui except for enforcement purposes. After six (6) months from the filing of any such ien which remains unpaid, the enforcement board may authorize the city attorney oreclose on the lien. , dC,t'Je;' 19'7'4, v i 5tJ crcx" r reference — .: "" -; State law reference— Similar provisions, • 1 • 1• Sec. 2-61.5. - Application for I satisfaction or release of code enforcement liena ( )! ( ( n request for a reduction or forgiveness of a fine or penalty imposed in )rdance with this chapter, the violator shall submit a written application to th munitv development director. The application shall include, but may not be limited to the following:!, a." The code enforcement case number;', b.! C. "d.;; e., f. The date upon which the violator brought the subject property into compliance with the City Code; The factual basis upon which the violator believes the application for reduction or forgiveness of the lien should be granted; The terms upon which a satisfaction or release of lien should be granted-,', The reasons, if any, compliance was not obtained prior to the order of penalty or fine being recorded; The reduction in penalty or fine sought by the violator; and "' Any other information which the violator deems pertinent to the request,; including but not limited to the circumstances that exist which would warrant the reduction or forgiveness of the penalty or fine. This application shall be executed under oath and sworn to in the presence of a' notary public, ( (5)i ( violator shall submit at the time of application payment to the city in the amou :essary to reimburse the city for its costs associated with recording the order losing a penalty or fine and the requested satisfaction or release of lien. These is are non - refundable, without regard for the final disposition of the application satisfaction or release of lien. Jpon receipt of the application for satisfaction or release of lien and payment" )rovided above, the community development director shall confirm through the cod( mforcement department that the violation which resulted in order imposing )enalty or fine has been brought into compliance. If the violation has been brought nto compliance and there is no current code violation upon the property in question he community development director shall place the application upon the agenda of he next regularly scheduled meeting of the code enforcement board for the City of Ninter Springs. V the hearing before the code enforcement board, the board shall review and ;onsider the application for satisfaction or release of lien, provide the violator with in opportunity to address the board regarding the application for satisfaction or elease of lien, and to take the testimony of other interested parties, including but iot limited to citv staff. The gravity of the violation-,', b. ! The time in which it took the violator to come into compliance-,', The code enforcement board, in determining its recommendation, shall consider the following factors: a.' C. d. e.' (7)I The accrued amount of the code enforcement fine or lien - , Any previous or subsequent code violations; Any financial hardship; Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine, ( ( he city commission may approve, approve with conditions, or deny the applicatio satisfy or release of lien. If the city commission approves the application to sati=_ r release the lien and the approval is conditioned upon the violator paying a educed penalty, fine, or any other condition, the satisfaction or release of lien sha of be prepared or recorded until the condition(s) placed by commission have een satisfied. he violator shall have thirty (30) days in which to comply with the conditions nposed by the city commission. Failure of the violator to comply will result in the utomatic denial of the application for satisfaction or release of lien. If the application is denied or if the application is automatically denied due to the failure of the violator to comply with the conditions imposed by the city commissi the violator shall thereafter be barred from applying for a subsequent reduction c forgiveness of the lien for a period of one (1) year from the date of denial. Durinc one -year period, the lien may only be satisfied and released upon full payment c the fine or penalty imposed in accordance with this chapter.' ( 'rd' /Vc 'i' v, Sec. 2-62. m Duration of lien. (C „e' 19 '7'4, v ',?­5'7', 1 Ord, /Vc,,:;, 698, " 1, i 8 State law reference— Similar provision, F.S. § 162.10.' x. (a) kII notices required by this article shall be provided to the alleged violator by certified mail, eturn receipt requested; by hand delivery by the sheriff or other law enforcement officer, ;ode inspector or other person designated by city commission or by leaving the notice he violator's usual place of residence with some person of his family above fifteen (15) ye )f aae and informina 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 during each week for four (4) consecutive weeks, with four (4) publications being sufficient, in a newspaper of general circulation in the county. The newspaper shall meet such requirements as are prescribed under F.S. Ch. 50 for legal and official advertisements and proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051. (2) If there is no newspaper of general circulation in the county, three (3) copies of sucf notice shall be posted for at least twenty -eight (28) days in three (3) different 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 posting as provided in (b) above, shall be sufficient to show that the notice requirements of this article have been met, without regard whether or not the alleged violator actually received such notice. State law reference— Similar provision, F.S. § 162.12.' Provisions of .,pl Nothing contained herein shall prohibit the city commission from enforcing its codes ns. It is the intent of this article to provide an additional or supplemental means of obtaini pliance with local codes. State law reference- Similar provision, F.S. § 162.13.' State law reference- Similar provisions, F.S. § 162.11. Winter Springs, Florida, Code of Ordinances PART 1 - CODE OF ORDINANCES apter 2 - AD V1 , 41NISTRATION ARTICLE Ill. - BOARDS, COMMITTE COMMISSIONS DIVISION r - CODE ENFORCEMENT Subdivision B. - Citations Subdivision B. - 'Citations Sec. 2 ®66. ® Intent. Sec. 2 ®67. ® Definitions. Sec. 2 ®68. ® Designation, gualifications and trgjpj pg of code enforcement officers. .. -Authority d enfo rcement .. Cit Proce 6s �T • • • Sec. 2-69.3. - Violation classification and civil Denaltv. 69 P to pay or • citat 2- 69. 6. • • Sec. 2-69.7. - Disposition of citations and civil penalties. . • Provisions suppl The City of Winter Springs hereby creates a supplemental and additional method of enfor s codes and ordinances by the issuance of citations for violation of city codes or ordinances. The rovisions of this subdivision may be used for the enforcement of anv City Code or ordinance or fo enforcement of all city codes and ordinances unless prohibited by law r . .., r�rs,.1',rc =�1r._§ Sec. 2-67. m 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. . Sec. 2-68. m Designation, qualifications and training of code enforcement officers.! All designated code enforcement officers are authorized to issue a citation to a person wh oed upon personal investigation the code enforcement officer h bl to believe t � person has itted a civil infraction in violation of a city code or ordinance and that the cour urt will hear the charae. Sec. 2-69.1. - Citation procedure. Prior to issuing a citation, a code enforcement officer shall provide notice to the person tha e person has committed a violation of a code or ordinance and shall establish a reasonable time �od within which the the violation. Such ti 0) days. If, upon personal investigation, a code enforcement officer finds that a person has not rrected the violation within the ti .rson who has committed the violation or refer the matter to the codes enforcement board. A code fomement officer does not have to prov the with a reasonable time h dto correct th dadon prior to issuing citation and shall immediately issue a citation if the d e enforcement offi is reason to believe that the violation presents a serious threat to the public health, safety, or �Ifare. or if the violation is irreriarable or irreversible. 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 lel ivery by the code enforcement officer. In the absence of the alleged violator, the warning notice �tion shall be delivered to the U viol ator by leaving a copy of the warning notice or citation he alleged viol /o usual place of residence with any person residing therein who is above fifteei 15) years of age and informing such person of the contents of the warning notice or citation or by eciistered or certified mail, return receipt requested. Whenever an alleged violator is required to do some act within a prescribed period after a warning notice or citation is delivered by mail, three (3) days shall be added to the prescribed period. Sec. 2-69.3. - Violation classification and civil penalty. Violations of city codes or ordinances and the applicable civil penalties shall be classified as Violation Classification Civil Penalty Class 1 $ 50.00 Class 11 100.00 Class 111 200.00 Sec. 2-69. -Authority of code enforcement officers. I Class IV 1300.00 City codes and ordinances subsequently enacted or amended may set forth the applicable civil penalty for violations by designating the appropriate violation classification. (b) ach violation of a city code or ordinance in the schedule of violations in subsection (a) erein is a separate civil infraction. Each day such violation shall continue shall be deemed nstitute a separate civil infraction. (C) Court costs in the amount of ten dollars ($10.00) per citation collected shall be retained by the clerk of circuit court. The civil penalties set forth above include said court costs. (C"rd, 111ci, 5 § 1 Sec. 2-69.4. - Schedule of violations. (a) Violation of the following city codes or ordinances is a civil infraction for which a citation may be issued: Section Title Class 16-57 Illegal signs 1 9-349 A. Handicap 1 16-57 B. Ads 1 16-57 C. Snipes I 16 -56(b) D. R.O.W. 1 16-53 E . Erected signs 1 16-83 F. Garage sale I Motor Vehicle Violations 12-66 For sale/repairs on R.O.W. 1 20-431 A. RV 1 20-411 B. Boat and trailer 1 20-411 C. Camper 1 20-411 D. Work trailers 1 12-67 E. Parking between lines 1 12-53 F. Abandon on R.O.W. 1 12-65 G. Parking/standing street I 20- 431(1)a— H. Prohibited vehicles 1 20-433 I. Disabled vehicles I 13 -2(b) Outdoor storage I 13 -2(b) A. Trash I 13 -2(b) B. Junk and debris I 13 -2(b) C. Equipment strewn around yard I 13 -2(d) Stagnant pool I 13 -2(b) Tree trimmings and yard trash I 13 -2(c) Unsafe/unsanitary I 9-374 House and building numbers 1 13-26 Loud party 1 13-33 Loud music 1 13-34 Animal and bird noises 1 10-137 No garage sale permit I 16-27(b) Illegal handbills 1 16-25 Handbills on autos I 16 -27(b) Cast periodicals 1 13-2 Littering R.O.W. I 13 -2(b) Littering private property 1 7-26 Open burning 1 7-79 Obstruction of hydrants I 11-5 Use of air guns/slingshot/etc. by a minor 1 10-136 Soliciting 1 4-1 Animal control violations 1 4-1 A. Barking dog 1 4-1 B. Loose cat or dog 1 4-1 C. Animals defecating or urinating 1 4-2 D. Over two (2) cats or two (2) dogs 1 4-1 E. Loose animals 1 4-1 F. All other animal violations 1 17-1 Hazards (obstructions) R.O.W. 1 7-27 Fireworks and explosives I All second offenses of class 1 11 6-46 No building permit 11 10-26 No local business tax receipt 11 5-3 No arbor permit 11 7-1 Spreading fire 11 7-1 Failure to notify fire 11 493 No meter backflow 11 All second offenses of class 11 111 Third offenses of class I III 6-217 No pool enclosure III 2-349(a), (b), (c) Site plan violation III 6-165 Building maintenance to code III Additional offenses to class 1, 11, and III IV Violation Classification I Civil Penalty Class 1 $ 50.00 Class II 100.00 Class III 200.00 Class IV 300.00 (b) The citations issued pursuant to sections i 2- 69.2 2 -69.3 and 2 -69.4 may be contested in county court in and for Seminole County.', d _-'rd, 1 547, 77 ii - .v -'rd 1'ilC: .t.t,, i::, 7i. 1 t%,r Sec. 2 ®69.5. ® Procedures to pay or contest citations.' (a) Any person cited for a violation under sections 2- 69.1 2- 69.2 2 -69.3 and 2 -69.4 shall' within thirty (30) days of issuance of the citation:' ( )! Pay the civil penalty set forth in the schedule of violations at the clerk of the circuit court's office, or ( Contest the citation in county court through appearance at the clerk of the circuit court's office to receive a court date. (b) the person cited pays the civil penalty as provided in subsection (a)(1) of this section, he hall be deemed to have admitted the civil infraction and to have waived his right to a hearin contest the citation.' (C) the person cited appears at the clerk of the circuit court's office to receive a court date as rovided in subsection (a)(2) of this section, he shall appear on said court date to contest th itation in county court and he shall be deemed to have waived his right to the civil penalty, et forth in the schedule of violations and shall be subject for each violation to the maximurr ivil penalty which shall not exceed five hundred dollars ($500.00) plus any applicable court (d) the person cited fails to pay the civil penalty within the time allowed, or fails to apl ourt to contest the citation, he shall be deemed to have waived his right to contest itation and judgment may be entered against the person for an amount up to the n ivil 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 required in the citation shall be in violation of thi 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. r C "r:;'. Ala =4r.. 1. �-- �;�,f�rl 77 -z Sec. 2-69.6. m Citation contents. The citation issued by the code enforcement officer shall be in a form prescribed by the city and shall contain: ( )! The date and time of issuance. ( (3)' ( ( (6) ( ( 8 ) ( (1p),, The name and address of the person to whom the citation is issued. The date and time the civil infraction was committed.; The facts constituting reasonable cause. The number or section of the code or ordinance violated.; The name and authority of the code enforcement officer.' The procedure for the person to follow in order to pay the civil penalty or to contest the citation. The applicable civil penalty if the person elects not to contest the citation. The applicable civil penalty if the person elects to contest the citation.' "r,. 1 1 ,1c 41. § 11-2 2­93r Sec. 2-69.7. m Disposition of citations and civil penalties.' (a) After issuing a citation to an alleged violator, the code enforcement officer shall "( ) Deposit the original citation and one (1) copy of the citation with the clerk of the circuit court, ( Provide the alleged violator with one (1) copy;' (3)' ( Deposit one (1) copy with city clerk; and Retain one (1) copy in the code enforcement officer's department file.' (b) All civil penalties received by the county court from violators of city codes or ordinances sh be paid into the general fund of the city in the penalty and fine account. All court costs shat be retained by the clerk of the circuit court. 5 4 ' 1 7 , Sec. 2-69.8. m Provisions supplemental.