HomeMy WebLinkAbout2015 10 12 Public Hearings 502 Ordinance 2015-22, First Reading, Code Enforcement Procedures/Optional Special Magistrate SystemCOMMISSION AGENDA
ITEM 502
REQUEST:
Informational
Consent
Public Hearings
X
Regular
October 12, 2015 KS
Regular Meeting City Manager Department
The City Attorney requests that the City Commission consider First Reading, Ordinance
No. 2015 -22 which comprehensively updates and modifies the City's code enforcement
procedures and requirements including, but not limited to, establishing an optional special
magistrate system of enforcing certain code violations in addition to using a code
enforcement board system.
SYNOPSIS:
City code enforcement is primarily governed by Chapter 162, Florida Statutes. Chapter 162
provides for several alternative ways for cities to enforce municipal codes including, but not
limited to, code enforcement boards, special magistrates, notice to appear before a county
court, and civil citations. The City's code enforcement code has not been comprehensively
updated since around 1974. Ordinance No. 2015 -22 proposes to comprehensively modify
and update the City's code enforcement procedures and requirements including creating an
optional special magistrate code enforcement system in addition to the existing code
enforcement board system. The code enforcement board will continue to serve the City.
However, the special magistrate system will be used in the future for certain cases as
authorized by the City Commission under this Ordinance.
CONSIDERATIONS:
1. The enforcement of City Codes and ordinances is primarily governed by Chapter 162,
Florida Statutes. Chapter 162, Florida Statutes authorizes several alternative and
supplemental systems for cities to enforce municipal codes including, but not limited to,
code enforcement boards, special magistrates, notice to appear before a county court, and
civil citations. The City can simultaneously use one or more of these systems.
Public Hearings 502 PAGE 1 OF 3 - October 12, 2015
2. In furtherance of this Chapter, the City has adopted code enforcement procedures which
are codified primarily in Chapter 2, Article III, Division 2 of the City Code. These
provisions have not been comprehensively updated by the City in many years (approx. circa
1974 based on editor notes in the City Code).
3. The proposed Ordinance updates the City's code enforcement procedures consistent
with Chapter 162, Florida Statutes and applicable case law.
4. The City has historically relied on a Code Enforcement Board to adjudicate alleged code
violations, and the Board has done an admirable job over the years dealing with a myriad of
code enforcement cases. The proposed Ordinance supplements the existing code
enforcement board system of enforcing City Codes by establishing an optional special
magistrate system of enforcing City Codes in certain cases. The existing code enforcement
board system will remain in place.
5. Under the proposed Ordinance, a special magistrate will handle code enforcement cases
expressly required by the City Code, or cases noticed for hearing by a code enforcement
officer, provided the city manager has authorized the code enforcement officer to notice a
particular case before a special magistrate. All other cases will be handled by the code
enforcement board or by civil citation.
6. Regarding the optional special magistrate system, the Ordinance provides that
a "special magistrate" will be appointed by the City Commission and be members of the
Florida Bar in good standing for five or more years. The special magistrate must
demonstrate satisfactory knowledge of municipal law and the general procedures for
enforcement of municipal codes, and must demonstrate a temperament suitable for the
exercise of quasi-judicial powers vested in each special magistrate. Special magistrates
shall not be city employees or officers. A special magistrate will be appointed at a later date
when the appointment becomes necessary.
7. The powers of the special magistrate are set forth in the Ordinance, but are generally
the same powers exercised by the code enforcement board.
8. The City Manager, Police Chief and City Attorney recommend the proposed Ordinance.
FISCAL IMPACT:
There is no direct fiscal impact related to the adoption of this Ordinance other than staff and
attorney time to prepare the Ordinance and Agenda Item. However, the City will be
responsible for fees required to retain a special magistrate if necessary in the future. The
fees will depend on the future negotiated rate and the case load handled by the special
magistrate.
Special magistrate fees are not recoverable against the code violator as "costs" under
Chapter 162, Florida Statutes. See Op. Att'y Gen. Fla. 14 -04 (2014) (s. 162.07(2), Fla. Stat.
does not allow a city to recover against a code violator the fees paid to a special magistrate
or to the special magistrate's assistant).
COMMUNICATION EFFORTS:
Public Hearings 502 PAGE 2 OF 3 - October 12, 2015
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, 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.
RECOMMENDATION:
The City Manager, Police Chief, and City Attorney recommend that the City Commission
pass Ordinance No. 2015 -22 on First Reading.
ATTACHMENTS:
Ordinance 2015 -22 (26 pages)
Public Hearings 502 PAGE 3 OF 3 - October 12, 2015
ORDINANCE NO. 2015 -22
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA;
COMPREHENSIVELY AMENDING THE CITY'S CODE
ENFORCEMENT PROCEDURES; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Winter Springs is granted the authority, under Section 2(b),
Article V11I, of the State Constitution, to exercise any power for municipal purposes, except
when expressly prohibited by law; and
WHEREAS, Chapter 162, Florida Statutes, provides that a municipality may adopt an
alternate code enforcement system giving designated code enforcement boards or special
magistrates the authority to impose administrative fines and other noncriminal penalties to
provide an equitable, expeditious, effective and inexpensive method of enforcing any code and
ordinance in force in such municipality; and
WHEREAS, in accordance with Chapter 162, Florida Statutes, and the City's municipal
home rule powers, the City Commission desires to amend Division 2 "Code Enforcement" of
Chapter 2 "Administration" to update the City's code enforcement procedures and to authorize
the use of a special magistrate in certain code enforcement matters in accordance with law; and
WHEREAS, the City Commission of the City of Winter Springs, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS HEREBY ORDAINS
AS FOLLOWS:
Section I. Recitals. The foregoing recitals are hereby fully incorporated herein
by this reference as legislative findings and the intent and purpose of the City Commission of the
City of Winter Springs.
Section 2. Repeal of Subdivision A, "Board ". That Subdivision A "Board" of
Division 2 "Code Enforcement" of Chapter 2 "Administration" of the Code of Ordinances of the
City of Winter Springs, Florida, is hereby repealed in its entirety. A copy of the existing
Subdivision A is attached hereto as EXHIBIT "A" and the repealed City Code sections set forth
therein are stricken through as indicated.
Section 3. Establishment of new Subdivision A entitled "Code Enforcement
Board and Special Magistrate". That new Subdivision A entitled "Code Enforcement Board and
Special Magistrate" of Division 2 "Code Enforcement" of Chapter 2 "Administration" of the Code
City of Winter Springs
Ordinance No. 2015 -22
Page 1 of 21
of Ordinances of the City of Winter Springs, Florida, is hereby established, as follows (proposed
additions to existing City Code text are indicated by underline):
SUBDIVISION A — Code Enforcement.
Sec. 2 -56. Intent.
It is the intent of this subdivision to promote, protect and i= rove the health safety, and welfare
of the citizens of the City of Winter Springs, Florida, by authorizing the creation of a code
enforcement board and desi nation of special magistrates with the authority to impose
administrative fines and other noncriminal penalties to -Provide an a uitable expeditious,
effective, and inexpensive method of enforcing the codes and ordinances of the city where a
pending or re eated violation continues to exist. The code enforcement board and designate
special magistrates shall have the same status under Chapter 162, Part 1, Florida Statutes, and
this subdivision. This subdivision is intended to be su lemental and additional authority and
not intended to prevent or prohibit the City from enforcim or obtaining compliance with Cit
Codes by anv other lawful means.
See. 2-57. Definitions.
The following words, terms and phrases, when used in this division, shall have the meaniri5
ascribed to them in this section, except where the context clearly indicates a different meaning:
City Manager means the city manager or the actin city.- ty manager in the city manager's absence
or the city manager's designee, who shall be required to be so designated by the city manager in
writing.
_ tins.
Code means collectively the City of Winter S rin s Code of Ordinances and any statute code
rule, ordinance, or regulation incomorated into the Code by reference.
Code Enforcement Board shall be a board created pursuant to Section 2 -58 (a) of this subdivision.._
Code En orcement Officer means agy authorized agent or employee of the city who has been
designated by the city manager to enforce the city's Code and ordinances.
Re eat Violation means a violation of a rovision of the Cade by a erson who has been
previously found through a code enforcement board or a Special magistrate, to have violated the
same provision of the Code. A Re eat Violation can occur only after correction of the previous
violation has been made.
Special magistrate means an individual designated and determined to be qualified by the city
commission pursuant to Section 2-58 of this subdivision.
Uncorrectable Violation means a violation which is irr arable or irreversible in nature and
which cannot be remedied after the violation has been committed because the violation
constitutes a single prohibited act rather than an ongoing_ condition or circumstance.
City of Winter Springs
Ordinance No. 2015 -22
Page 2 of 21
Violator means that person or entity responsible for a violation of the Code the property owner,
tenant, or business entity on the premises, or any combination thereof) and may include the
property owner on whose property the violation occurs regardless of who commits the violation.
Sec. 2 -58. Code Enforcement Board and Special Magistrates.
(a) Code Enforcement Board.
(1) The code enforcement board shall consist of seven (7) members to be appointed
by the city commission to seats numbered one 1 two 2 three 3 four 4 five 5 six
(6) and seven (7) in accordance with section 2 -41 of the City Code. Appointments to the
board shall be on the basis of experience or interest related to the subject matter
jurisdiction of the board. The membership of the code enforcement board shall be limited
to residents of the City, and whenever possible, include an architect, a businessperson, an
enizineer, a general contractor, a subcontractor and a realtor or as otherwise provided by
law.
2 The members of the code enforcement board shall elect a chairman from among
its members who shall be a voting member. The presence of four (4) or more members
shall constitute a quorum of the enforcement board. Members shall serve without
com ensation but ma be reimbursed for such travel mileag, a and per diem expenses as
may be authorized by the city commission or otherwise as provided by law.
(3) The members of the code enforcement board shall serve in accordance with the
City Code and may be suspended and removed for cause as provided in section 2 -41 of
the City Code. In addition if any member fails to attend two of three successive
meetings without cause and without prior approval of the chair, the code enforcement
board shall declare the member's office vacant and refer the vacancy to the city
commission who shall promptly fill the vacanc .
(4) Unless a code enforcement case has been assigned to a special magistrate in
accordance with Section 2-58(b)(5), or subject to a civil citation pursuant to subdivision
B of this division 2, or otherwise being prosecuted by the City pursuant to some other
lawful means, code enforcement officers shall notice code enforcement cases before the
code enforcement board.
5 Unless otherwise directed by the City Commission the Cit y Attorney's office
shall serve as counsel to the code enforcement board.
b Special Magistrates.
(1) The city commission may appoint one (1) or more special magistrates.
A ointments shall be made in the sole discretion of the city commission in accordance
with applicable law on the basis of experience or interest in the subject matter jurisdiction
of the violations.
City of Winter Springs
Ordinance No. 2015 -22
Page 3 of 21
2 A ointments shall be made for a term of one 1 ear and ma be renewed
annually. Special magistrates may be reappointed at the discretion of the city
commission. Special magistrates may be suspended and removed with or without cause
by the_c_ommission. Appointments to f _..,....,,.,_,.,,........,s ,,......._
_ ill any vacancy shall be for the remainder of the
unexpired term.
3 Special magistrates shall be members of the Florida Bar in good standing for five
or more years. The special magistrate must demonstrate satisfactory knowledge of
municipal law and the general procedures for enforcement of municipal codes and must
demonstrate a temperament suitable for the exercise of quasi-judicial powers vested in
each special magistrate. Special magistrates shall not be city em to ees or officers. The
city manager shall be responsible for negotiating and executing a contract on behalf of
the City with the special magistrate and the special ma istrate may be com ensated at a
rate to be agreed upon in the contract. The contract will be in a form prepared and
approved by the City Attorney.
(4) The city attorney may attend the code enforcement hearings conducted by the
special magistrate and represent Cit staff in the presentation of cases or the code
enforcement officer may, present cases at the option of the ci manager depending upon
the substance and complexities of any given case. To the extent necessary, and consistent
with the City's interests to ensure compliance with City Codes the City Attomey will
defend final orders of the special magistrate which are appealed by violators to a court of
competent Jurisdiction.
(5) _ _ Special magistrates shall handle code enforcement cases expressly required by the
City Code or cases noticed for hearing by a code enforcement officer, provided the city
manner has authorized the code enforcement officer to notice a particular case before a
special magistrate.
(c) _Jurisdiction. Once jurisdiction of the code enforcement board system or special
Magistrate system is invoked for a particular code enforcement violation,._iurisdiction regarding
the violation shall remain with the system invoked until the violation has been finalI
adjudicated. Jurisdiction shall be determined by delive of a notice of violation to the violator
which identifies whether the violation will proceed to a hearing under the code enforcement
board s stem or a special magistrate s stem. It is the intent an _ . ,. _...,_....,...
d o
se of this subsection to
prohibit a particular code enforcement violation from proceeding under two different code
enforcement systems.
Sec. 2.59. Powers of code enforcement board and special magistrates.
The code enforcement board and Sj2ecial magistrates shall have the 12ower to:
(a) Hear and decide violations of the Code.
(b) TAdopt rules for the conduct of hearings.
City of Winter Springs
Ordinance No. 2015-22
Page 4 of 21
(c)_ Subpoena alleged violators and witnesses for _hearings; subpoenas shall be served by the
county sheriff, the city police department or by the city staff.
(d) Subpoena evidence deemed relevant to hearings.
(e) Take testimony under oath.
(fl Assess and order the payment of civil penalties as provided herein.
(g) Issue orders having the force of law to command whatever steps are necessary to bring a
violation into compliance.
See. 2 -60. Enforcement procedures.
(a) Code enforcement officers shall have the authority to initiate code enforcement
proceedings as provided in this subdivision. The Code Enforcement Board and S ecial
magistrates shall not have such authority.
(b) Except as provided herein, a code enforcement officer who finds a violation of the Code
shall issue a notice to the Violator stating that the Violator has committed a violation of the
Code. The notice shall specify a reasonable time eriod within which the Violator must correct
the violation. This determination shall be based on considerations of fairness; practicability; ease
of correction abilijy to correct severity of violation nature extent and probability of danger or
damajZe to the ublic• and other relevant factors relating to the reasonableness of the time v eriod
prescribed.
(c) If, upon personal investigation, a code enforcement officer finds that the Violator has not
corrected the violation within the time period specified in the notice, the code enforcement
officer shall notify the code enforcement board or special magistrate, as applicable, and request a
hearing. If the violation is corrected and then recurs or if the violation is not corrected by the
time specified for correction by the code enforcement officer, the case mgy be presented to the
special magistrate even if the violation has been corrected prior to the hearing, and the notice
shall so state.
(d) If a Repeat Violation is found, the code enforcement officer shall issue a notice to the
Violator but is not required to give the Violator a reasonable time to correct the violation. The
code enforcement officer, upon notifying the Violator_ of a_ Repeat Violation, shall notify the code
enforcement board or special magistrate, as applicable, and request a hearing. The case may be
resented to the code enforcement board or s ecial magistrate even if the Repeat Violation has
been corrected prior to the hearing, and the notice shall so state. If the Repeat Violation has been
corrected, the code enforcement board or special magistrate retains the right to schedule a
hearing to determine costs and impose the payMent of reasonable enforcement fees upon the
reheat Violator.
Lel If a code enforcement officer has reason to believe a violation or the condition causing
the violation presents a serious threat to the public health, safety, and welfare, or if the violation
is an Uncorrectable Violation the code enforcement officer shall make a reasonable effort to
notify the Violator and may immediately request a hearing_
City of Winter Springs
Ordinance No. 2015 -22
Page 5 of 21
ff If the owner of property that is subject to an enforcement proceeding before the code
enforcement board or special magistrate transfers ownership of such property between the time
the initial pleading was served and the time of the hearing, such owner shall:
Disclose, in writing, the existence and the nature of the proceeding to the
prospective transferee.
Deliver to the prospective transferee a, copy of the pleadings, notices, and other
materials relating to the code enforcement proceeding received by the transferor.
Disclose in writing., to the pxospective transferee that the new owner will be
responsible for compliance with the applicable Code provision and with orders
-, _ „
issued �n the code enforcement proceeding.
o,,....,...,..,.
File a notice with the code enforcement board or special magistrate, as applicable,
of the transfer of th"ropeqy, with the identity and address of the new owner and
copies of the disclosures made to the new owner, within 5 days after the date of
the transfer.
A failure to make the disclosures described in subsections 1 2 and (3)-before the
transfer creates a rebuttable REgLumption of fraud. If the prgperty is transferred before the
hearing, the proceeding shall not be dismissed, but the new owner shall be provided a
reasonable period of time to correct the violation., before the hearing is held.
W Nothing herein shall prohibit a violator's from waiving his or her rights to the hearing
required by this section and entering into a pre - hearing code enforcement settlement agreement,
which must be memorialized in writing and executed by the violator and cit many er. Such
agreements may include terms and conditions to bring the violation into compliance, impose and
re wire pA3Ment of an agreed u on penalty and reimbursement of costs incurred by the city
related to the violation and other terms and conditions deemed necessM to settle the violation.
See. 2 -61. Service of Notice.
Lal All notices required in this Subdivision ,shall be provided to the alleged violator by
certified mail return receipt r uested; by hand delivm by the sheriff or law enforcement
officer of the city, code enforcement officer, or other person designated by the city commission;
or by leaving the notice at the violator's usual place of residence with any person residing therein
who is above 15 years of age and informin such person of the contents of the notice. In the case
of commercial premises, leaving the notice with the manager or other person in charge.
In addition to providing notice as set forth in subsection a at the option of the code
enforcement board or special magistrate, as applicable, or the code enforcement officer, notice
rn. v _ „
may served ed by publication or posting as follows: „
City of Winter Springs
Ordinance No. 2015 -22
Page 6 of 21
Such notice shall be published once during each week for four consecutive weeks
with four publications being sufficient, in a newspaper of general circulation in
the city. The news a er shall meet such requirements as are prescribed under
Chapter 50, Florida Statutes, for legal and official advertisements.
Proof of publication shall be made as provided in H 50.041 and 50.051 Florida
Statutes.
In lieu of publication as described in Subsection (1) above, such notice may be
posted for at least ten days in at least two locations one of which shall be the
property upon which the violation is alleged to exist and the other of which shall
be at city hall. Proof of posting shall be by affidavit of the person posting the
notice which affidavit shall include a copy of the notice osted and the date and
places of its posting.
Notice by publication or posting may run concurrently with, or may follow, an
attempt to provide notice by hand delivery or by mail as required under
Subsection (a).
Lel Evidence that an attempt has been made to hand deliver or mail notice as provided in
Subsection (a) together with proof of publication or posting as provided in subsection (b) shall be
sufficient to show that the notice requirement, of this part has been met, without regard to
whether or not the alle ed Violator actually received the notice.
Sec. 2 -62. Scheduling and conduct of hearin .
I Upon request of the code enforcement officer, or at such other times as may be necessary
the code enforcement board or special magistrate, as applicable, may call a hearing. Minutes
shall be kept of all hearings., and all hearin s and procee djugs shall be o en to the ublic. The
city manager shall provide clerical and administrative personnel as may be reasonably required
to conduct the hearing. The city clerk shall serve as clerk to the code enforcement board or
s ecial Magistrate as it serves as clerk to the city commission unless the ci mana er determines
otherwise.
tb) The code enforcement officer shall send a notice of hearing in the same manner of
service as outlined in Section 2 -61.
(c) The code enforcement officer shall call hearings on a monthl or as needed basis or -won
on
the request of the code enforcement board or special magistrate, as applicable. Except as
provided herein a hearing date shall not be postponed or continued unless a request for a
continuance showing good cause for a continuance is received in wridnia by the code
enforcement board or special magistrate at least five (5) calendar days prior to the date set for
hearing•
fjQ A code enforcement board or special magistrate shall postpone a hearing if the named
violator, prior to the scheduled hearing date files with the duty authorized city board or official
City of Winter Springs
Ordinance No. 2015 -22
Page 7 of 21
of appropriate jurisdiction, if any, an administrative appeal concerning the interpretation_ or
a lication of the Code provisions upon which the-alleged violation was based. However, once
an issue has been determincd by a code enforcement board or special magistrate in a specific
case that issue ma not he further reviewed by a city board or official in that specific case.
f el Each case before a code enforcement board orspecial magistrate shall be presented by a
code enforcement officer or by a duly authorized representative of the city. If the city, prevails in
p_rosecufiLig a case before the code enforcement board ors ecial magistrate, it shall be entitled to
recover all costs incurred in prosecuting the case before the code enforcement hoard or special
magistrate and such costs may be included in the lien authorized under Section 2 -63.
ff A code enforcement board or special magistrate shall proceed to hear the cases on the
a enda for that day. All testimony shall be under oath and shall be recorded. The code
enforcement board or s ecial magistrate shall take testimon from the code enforcement officer
and allezed violator, as well as any relevant witnesses. relevant written evidence and
documentation may also be submitted into the record. Formal rules of evidence shall not apPIL
but fundamental due process shall be observed and shall govern the proceedings. The code
enforcement board or special -magistrate May exercise reasonable discretion in managing the
hearing agenda and may continue or reschedule cases to the extent reasonably_ necessary to
afford due process, address continuances for good cause shown, or effectively manage the case
load.
W At the conclusion of the hearing, the code enforcement board or special magistrate shall
issue findin s 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 and in Chapter 162, Part
I Florida Statutes. The order shall be announced orally at the hearing and shall be reduced to
writing and mailed by regular U.S. mail to the alleged violator. The order may include a notice
that it must be com lied with by a specified date and that a fine may be im osed and under the
conditions specified in Section 2 -63, the cost of repairs maybe included along with the-fine if the
order is not complied with by said date. A certified copy of such order ma be recorded in the
public records of the.counjy and shall constitute notice to any subsequent purchasers, successors
in interest, or assigns if the violation concerns real property, and the fmdings_ therein shall be
binding upon the violator and, if the violation concerns real property, any subsequent purchasers,
successors in interest or assi s_ If an order is entered by the code enforcement board orspecial
magistrate pursuant to this subsection and the order is complied with by the date specified in the
order the code enforcement board or special magistrate shall issue an order acknowled in
compliance and if the original order was recorded in the public records the order acknowledging
compliance shall likewise be recorded in the public records. A hearing is not required to issue
such an order acknowledging compliance with the original order.
Sec. 2 -63. Administrative Fines: costs of repairs; and ii W2 of liens.
lj The code enforcement board orspecial magistrate, as applicable, upon notification by the
code enforcement officer that an order of the special magistrate or code enforcement_ board
not been com lied with by the set time or, upon finding that a re eat violation has been
committed shall conduct a "Massey" com liance hearing after notice of the hearing is provided
City of Winter Springs
Ordinance No. 2015 -22
Page 8 of 21
to the violator b the code enforcement officer. At the compliance hearin the violator will be
afforded an opportunity to be heard on the issue of whether the violator is in compliance with the
special magistrate's order, and upon a determination of non - compliance, the code enforcement
board or special magistrate shall order the violator to pay a fine in an amount specified in this
section for each day the violation continues past the date set by the order for compliance. In
addition, if, pursuant to a finding by the code enforcement board or special magistrate, the
violation is a violation described in Section 2-60(c), the city may, at its discretion make all
reasonable_ repairs that are required to bring the property into compliance and charge against the
violator the cost of the repairs along with the fine imposed pursuant to this section. An
accountin of the cost of =airs will be Presented to the special magistrate for consideration in
such cases. Making such repairs does not create a continuing obligation on the part of the local
goveming body to make further repairs or to maintain the ro ert and does not create an
liability against the city for my damages to the property if such repairs were completed in good
faith.
Q?J A fine imposed pursuant to this section shall not exceed $250 per day for first violation,
and shall not exceed $500 per day fora Re eat Violation and in addition may include all costs
of repairs pursuant to Subsection (a). The fine for an uncorrectable violation shall not exceed
$5,000 per violation.
U In determining the amount of the fine, if any, the code enforcement board or special
magistrate shall consider the followiniz factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and
(3) An previous violations committed by the violator.
1 magistrate , „ „ e a fine imposed pursuant to
A code enforcement oar or spec�a , ,may reduce , , ,,,,,_...,..,...... _,_,.....,__..
this section before an orderiMposing a fine is recorded in the pRblic records.
Lel A certified copy of an order imposing a fine may be recorded in the public „records of the
county and thereafter shall constitute a lien ay
ainst the land on which the violation exists and
upon any other real or personal property owned by the violator. Upon petition to the circuit court,
the order mqy be enforced in the same manner as a court judgment by the sheriffs of this state
including levy a ainst the personal property, but such order shall not be deemed to be a court
judgment except for enforcement purposes. A fine imposed pursuant to this section shall
continue to accrue until the violator comes into compliance or until jud ent is rendered
pursuant to this section whichever occurs first. A lien arising from a fine imposed pursuant to
this section runs in favor of the city commission and the citesmanager may exec-ate a satisfaction
or release of lien entered pursuant to this section in accordance with the authority ranted to the
city manager under section 2 -63.1.
Lo After three months from the filing, of any such lien which remains unpaid, the s ecial
magistrate may authorize the city attomey to foreclose on the lien or to sue to recover a mane
City of Winter Springs
Ordinance No. 2015 -22
Page 9 of 21
judgment for the amount of the lien lus any accrued interest. No lien created pursuant to the
provisions of this Section may be foreclosed on real property which is a homestead under
Section 4 Article X of the State Constitution. The money ud ent provisions of this Section
shall not apply to real property or personal property which is covered under Section 4 (a), Article
X of the State Constitution.
See. 2 -64. Duration of lien.
No lien provided under the Local Government Code Enforcement Boards Act shall continue for
a period longer than twenty 20 ears after the certified eppy 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 city
shall be entitled to collect all costs in recording and satisfying a_ valid lien. The
continuation of the lien effected by the commencement of the action shall not be good against
creditors or subsequent purchasers for valuable consideration without notice unless a notice of
lis pendens is recorded.
See. 2 -65. Appeal of Code Enforcement Board or Special magistrate's order.
An aggrieved party, -including the city, may gppeal a final order of the code enforcement board or
special magistrate to the Circuit Court. Such an appeal shall not be a hearing de novo, but shall
be limited to a ellate review of the record created before the code enforcement board orspecial
magistrate. An appeal shall be filed within 30 calendar days of the issuance of the order sought
to be overturned. Failure to make such _appeal within the prescribed 30 -day period shall render
the findings of the code enforcement board or special magistrate conclusive, binding and final.
Sec. 2 -65.1. Provisions are supplemental.
Nothing contained in this subdivision shall prohibit the cit from enforcing its Code by gny other
means including, but not limited to, a _ summons, an arrest, a notice to appear, civil action for
injunctive relief, a std work order or demolition. The enforcement procedures outlined in this
subdivision are cumulative to all others and shall not be deemed to be
12 rere uisites to f ling suit
for the enforcement of any section of this Code.
Sec. 2 -65.2. Additional enforcement powers.
1n addition to the po wers and authority given to the code enforcement board orspecial magistrate
for the city pursuant to this subdivision the city ma in its discretion exercise any powers given
to municipalities or their code enforcement board or special magistrate by Chapter 162, Florida
Statutes, as amended.
Section 4. Section 2 -69.1 of the City Code Amended. That Section 2 -69.1
"Citation Procedure" of Chapter 2 "Code Enforcement" of the City Code, is hereby amended to
City of Winter Springs
Ordinance No. 2015 -22
Page 10 of 21
read, as follows (proposed additions to existing City Code text are indicated by underline and
proposed deletions from existing City Code text are shown by strikedi,-eugh):
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 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. ^° r°f r the maoer to the eedes
enf - eemepA be A code enforcement officer does not have to provide 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.
Section 5. Section 5 -5 of the City Code Amended. That Section 5 -5 "City Arbor
Division" of Chapter 5 "Tree Protection and Preservation" of the City Code, is hereby amended
to read, as follows (proposed additions to existing City Code text are indicated by underline and
proposed deletions from existing City Code text are shown by sdikedffeugh�,-while asterisks ( * * *)
indicate a deletion from the Ordinance of text existing in Section 5 -5. It is intended that the text in
Section 5 -5 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this ordinance):
Sec. 5 -5. City arbor division.
* **
(c) Responsibilities. The role of the city arborist shall include, but not necessarily be limited to:
* **
(6) To bring violators of this chapter before the code enforcement board or_ _special
magistrate.
Section 6. Section 5 -18 of the City Code Amended. That Section 5 -18
"Enforcement; penalties" of Chapter 5 "Tree Protection and Preservation" of the City Code, is
hereby amended to read, as follows (proposed additions to existing City Code text are indicated by
underline and proposed deletions from existing City Code text are shown by s4ikedH;&ogh; while
asterisks ( * * *) indicate a deletion from the Ordinance of text existing in Section 5 -18. It is intended
that the text in Section 5 -18 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this ordinance):
City of Winter Springs
Ordinance No. 201 5 -22
Page 11 of 21
See. 5 -18. - Enforcement; penalties.
* **
(a) Enforcement. The city may enforce the provisions of this chapter by any lawful means
including, but not limited to, issuing a civil citation, bringing charges before the city's
code enforcement board or special magistrate master, and seeking injunctive and
equitable relief. For purposes of determining the penalties provided under this chapter,
the removal or death of a tree in violation of this chapter shall be deemed irreparable or
irreversible.
* **
Section 7. Article VII of Chanter 6 "Buildino and Buildine Regulations" of the
City Code Amended. That Article VII "Citations; Unlicensed Contractors; Failure to Obtain
Building Permit" of Chapter 6 "Buildings and Building Regulations" of the City Code, is hereby
amended to read, as follows (proposed additions to existing City Code text are indicated by
underline and proposed deletions from existing City Code text are shown by sfiiketlare�5 while
asterisks ( * * *) indicate a deletion from the Ordinance of text existing in Chapter 6. It is intended
that the text in Chapter 6 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this ordinance):
* **
Sec. 6 -277. Correction of violation; payment of penalty; notice of hearing.
Upon receipt of a citation, the person charged with the violation shall elect either to:
(a) Correct the violation and pay to the city the civil penalty in the manner indicated on the
citation; or
(b) Within ten (10) days of receipt of the citation, exclusive of weekends and legal holidays,
request an administrative hearing before the city's code enforcement board or special
magistrate to appeal the issuance of the citation in accordance with the procedures set
forth in this article. Any request for an administrative hearing shall be made and
delivered in writing to the city manager by the time set forth in this subsection. Failure to
request an administrative hearing in writing within the ten -day time period shall
constitute a waiver of the violator's right to an administrative hearing. A waiver of said
right shall be deemed an admission of the violation, and penalties shall be imposed as set
forth on the citation.
Sec. 6 -278. - Administrative hearings; accrual of penalties.
(a) All administrative hearings held pursuant to this article shall be conducted by the code
enforcement board or special Magistrate in accordance with the requirements of the Local
Government Code Enforcement Boards Act.
City of Winter Springs
Ordinance No. 2015 -22
Page 12 of 21
(b) During the administrative hearing, if the violator demonstrates to the code enforcement
board or special magistrate that the violation is invalid or that the violation has been
corrected prior to appearing before the code enforcement board , the
code enforcement board or special magistrate may dismiss the citation unless the
violation is irreparable or irreversible, in which case the code enforcement board or
special magistrate may order the violator to pay a civil penalty as set forth in subsection
(c) below.
(c) During the administrative hearing, if the code enforcement board or special magistrate
finds that a violation exists, the code enforcement board or special ma istg rate may order
the violator to pay a civil penalty of not less than the amount set forth on the citation but
not more than one thousand dollars ($1,000.00) per day for each violation. In determining
the amount of the penalty, the code enforcement board or special magistrate shall
consider the following facts:
(1) The gravity of the violation.
(2) Any actions taken by the violation to correct the violation.
(3) Any previous violations which were committed by the violator.
(d) During the administrative hearing, if the code enforcement board or special magistrate
finds that the violator had not contested or paid the civil penalty set forth in the citation
within the time required in this article, the code enforcement board orspecial magistrate
shall enter an order ordering the violator to pay the civil penalty set forth on the citation,
and a hearing shall not be necessary for the issuance of such order.
(e) All civil penalties imposed by the code enforcement board or special magistrate under
this article shall continue to accrue until the violator comes into compliance or until a
judgement is rendered by a court to collect or foreclose on a lien filed under this article,
whichever occurs first, regardless of whether or not the order of the code enforcement
board or special magistrate sets forth this accrual requirement.
Sec. 6 -279. - Appeals of code enforcement board or special magistrate decisions.
Any person aggrieved by a final administrative order of the code enforcement board or special
magistrate pursuant to this article, including the city commission, may appeal the order to the
circuit court in accordance with Section 489.127(5)(J), Florida Statutes, as may be amended or
renumbered from time to time by the Florida Legislature.
Sec. 6 -280. - Recording code enforcement board or special magistrate orders.
A certified copy of an order of the code enforcement board or special magistrate imposing a civil
penalty under this article may be recorded in the public records and thereafter shall constitute a
lien against any real or personal property owned by the violator. Such orders shall be enforced in
accordance with Florida law.
City of Winter Springs
Ordinance No. 2015 -22
Page 13 of 21
Section 8. Section 6 -300 of the City Code Amended. That Section 6 -300
"International Property Maintenance Code Adopted" of Chapter 6 `Buildings and Building
Regulations" of the City Code, is hereby amended to read, as follows (proposed additions to
existing City Code text are indicated by underline and proposed deletions from existing City Code
text are shown by s4iikedffeugh, while asterisks ( * * *) indicate a deletion from the Ordinance of text
existing in Section 6 -300. It is intended that the text in Section 6 -300 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this ordinance):
Sec. 6 -300. International Property Maintenance Code adopted.
(e) Section 106 is deleted in its entirety and replaced with the following:
(1) It shall be unlawful for any person, corporation, or other entity to be in violation of
any provision of this Maintenance Code. Violations shall constitute a public
nuisance and shall be deemed a strict liability offense.
(2) Violations of the Maintenance Code shall be prosecuted by the city by any lawful
means available including, but not limited to, actions before the code enforcement
board or special magistrate trate, civil code enforcement citation, and by an independent
action before a court of law. Penalties and additional city remedies for violations
hereof shall be as provided under section 1 -15 of the city code. For purposes of a
civil citation, each violation shall constitute a class IV violation.
(3) In the event that a person fails to comply with a notice of violation issued by a code
official or order rendered by the code enforcement board or special magistrate , the
city manager is hereby authorized to take lawful steps including, but not limited to,
instituting an appropriate proceeding at law or in equity to restrain, correct, or abate
such violation, or to require removal or termination of the unlawful occupancy of the
building in violation of this Maintenance Code. If the city causes the conditions
constituting the violation to be immediately remedied, any expenses incurred by the
city to remedy the violation including, but not limited to, contractor and material
costs, administrative overhead, attorneys fees, and other related costs shall be
assessed by lien against the property on which the violation occurs. Such assessment
liens shall be prior to all other liens on such property except the lien of state, county,
and municipal taxes and shall be in parity with the lien of such state, county and
municipal taxes. Such liens, when delinquent for more than 30 days, may be
foreclosed by the city in the manner provided by law for the foreclosure of
mortgages.
* **
City of Winter Springs
Ordinance No. 201 5 -22
Page 14 of 21
Section 9. Section 9 -376 of the City Code Amended. That Section 9 -376 "Code
Enforcement Board Authority' of Chapter 9 "Land Development" of the City Code, is hereby
amended to read, as follows (proposed additions to existing City Code text are indicated by
underline and proposed deletions from existing City Code text are shown by stFikedwetig :
Sec. 9 -376. Code enforcement special magistrate board authority.
As an additional means of ensuring compliance with the provisions of this article, the code
enforcement board or special magistrate shall have jurisdiction and authority to hear and decide
alleged violations occurring in the corporate limits of the city. Proceedings before the code
enforcement board or special magistrate shall be governed by its rules and procedures.
Section 10. Section 12 -53 of the City Code Amended, That Section 12 -53
"Abandonment of Motor Vehicles Prohibited" of Chapter 12 "Motor Vehicles and Traffic" of the
City Code, is hereby amended to read, as follows (proposed additions to existing City Code text
are indicated by underline and proposed deletions from existing City Code text are shown by
swlegifaugW, while asterisks ( * * *) indicate a deletion from the Ordinance of text existing in
Section 12 -53. It is intended that the text in Section 12 -53 denoted by the asterisks and set forth in
this Ordinance shall remain unchanged from the language existing prior to adoption of this
ordinance):
See. 12-53. Abandonment of motor vehicles prohibited.
* **
(e) Enforcement. When a disabled or abandoned vehicle is found to be in violation of this
section:
(1) The code inspector shall place a written notice on the vehicle's window indicating
that it is in violation of this section and that it must be removed within ten (10)
calendar days or it will be subject to removal by the city. The code inspector shall
make every reasonable attempt to ascertain the owner of the vehicle and the
owner of the property, and shall notify such owner(s) with a written notice
delivered by personal service or mail at their current address, last known address
or the address appearing on the certificate of title for the vehicle. Such notice on a
vehicle window shall not be less than eight (S) inches by ten (10) inches and shall
be fluorescent orange in color, sufficiently weatherproofed to withstand normal
exposure to the elements.
(2) Within the ten (10) calendar day period specified in the notice, the owner of the
vehicle or the owner of the property or an authorized agent may appeal to the
director of code enforcement or his/her designee. The director of code
enforcement or his/her designee shall determine the validity of the violation and
may for good cause extend the time for compliance or removal. If such an appeal
is made, no removal shall be required until after said appeal has been finally
determined.
City of Winter Springs
Ordinance No. 2015 -22
Page 15 of 21
(3) The property or vehicle owner(s) may appeal the director's or his/her designee's
final decision to the code enforcement board or special mag strate for a
determination as to whether the property is subject to removal.
(4) If no appeal is made and the disabled vehicle remains in violation after the ten
(10) calendar day period, the director or his/her designee shall cause such vehicle
to be removed to a storage facility approved by the city commission and thereafter
disposed of in accordance with applicable state law or city ordinance.
(S) The authorization in this section for towing of abandoned and disabled vehicles
shall not be construed so as to negate the authority of the code enforcement board
or special magistrate to hear and adjudicate appropriate cases.
Section 11. Section 12 -77_ of the City_ Code Amended. That Section 12 -77
"Enforcement" of Chapter 12 "Motor Vehicles and Traffic" of the City Code, is hereby amended
to read, as follows (proposed additions to existing City Code text are indicated by underline and
proposed deletions from existing City Code text are shown by str-ike4weugh):
See. 12-77. Enforcement.
A violation of this division shall constitute a non - criminal infraction enforceable either as a code
violation to be prosecuted by the code enforcement board . or special magistrate, or shall be
classified as a Class I Civil Citation Violation. Uniform Traffic Citations shall only be used for
violations that are also violations of the Florida Uniform Traffic Control Law.
Section 12. Section 13 -4 of the City Code Amended. That Section 13 -4 "Procedure
for City Enforcement of Non - Imminent Hazards" of Chapter 13 "Nuisances" of the City Code, is
hereby amended to read, as follows (proposed additions to existing City Code text are indicated by
underline and proposed deletions from existing City Code text are shown by stiles):
Sec. 13 -4. Procedure for city enforcement of non - imminent hazards.
In cases involving nuisance or hazardous conditions which require direct governmental action to
abate a serious and continuing danger to the public or occupants, including attractive nuisance
cases, and where the property owner or tenant fails to heed the notices and enforcement efforts
made by the city pursuant to Chapter 13, Article I, but where the emergency nature of the
dangers to the public is not so extreme as to warrant dispensing without notice to the property
owner(s), then the city enforcement officials shall proceed to:
(1) Give notice, which may be combined with notice from the code enforcement board or
special magistrate statement of violation and notice of hearing, which informs the
property owner that an order will be sought from the code enforcement board or special
magistrate for city work or contracted work to repair or secure the property. The notice
City of Winter Springs
Ordinance No. 2415 -22
Page 16 of 21
will prominently inform the property owner that failure to repair the property or follow
the code enforcement board's or siecial magistrate orders may result in city work which
shall be charged as a lien against the property. The notice will describe the conditions
found by the enforcement officer to constitute a hazard or nuisance. The notice will
generally inform the property owner of the work or repairs to be done which will correct
the nuisance or hazardous condition(s).
(2) If the owner still fails to cure the condition(s) by the time set for
hearing pursuant to the above- detailed notice, then the enforcement officer shall submit
proof at the hearing concerning the degree of danger of the
condition(s) to the public and the property owner's inability or unwillingness to cure such
dangers, thus necessitating public action to repair or secure property. The code
enforcement board or special magistrate may render its order requiring the city to
perform such work as is necessary to secure the property or to render it safe.
(3) The enforcement officer shall take such action as has been authorized by the code
enforcement board ors pecial magistrate to secure the property or render it safe, including
the letting of contracts, pursuant to city purchasing requirements, to repair or remove
dangerous conditions and items. The costs and expenses of such work shall be a lien upon
the property, which lien may be enforced by suit at law or upon proceeding in chancery.
(4) Liens for such city contracted work shall be co -equal with all state, county and municipal
taxes and shall be superior in dignity to all other liens, titles and claims until paid.
(5) Nothing in this section shall be construed to require city work to be done or to imply a
duty by the city to fix conditions which are the legal responsibility of the owner(s) of the
property. This section is supplementary to city and code enforcement board or special
magistrate authority to order the property owner to remedy nuisance conditions.
Section 13. Section 13 -39 of the Ci Code Amended, That Section 13 -39
"Penalties" of Chapter 13 "Nuisances" of the City Code, is hereby amended to read, as follows
(proposed additions to existing City Code text are indicated by underline and proposed deletions
from existing City Code text are shown by st6kethfeugh), while asterisks ( * * *) indicate a deletion
from the Ordinance of text existing in Section 13 -39. It is intended that the text in Section 13 -39
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this ordinance):
See. 13-39. Penalties.
* **
(b) Any person who willfully or knowingly violates a notice of noise abatement issued by a
noise control officer or an order of a court or code enforcement board or sl2ecial
Magistrate ordering abatement of noise shall be fined for each day in violation of said
notice or order a sum of five hundred dollars ($500.00).
City of Winter Springs
Ordinance No. 2015 -22
Page 17 of 21
(c) Notwithstanding the civil fine provisions set forth in subsections (a) and (b), a person
shall be subject to arrest by a law enforcement officer for violating the provisions of this
article under the following circumstances:
(1) The person willfully or knowingly violates, disobeys, neglects, or refuses to
comply with any of the provisions of this article as expressly ordered by the code
enforcement board or special magistrate or a court of competent jurisdiction for
purposes of abating future noise disturbances; or
(2) The person willfully or knowingly violates, disobeys, neglects, or refuses to
comply with an order of a law enforcement officer to abate a noise disturbance
that constitutes a repeat violation, as defined by section 162.04, Florida Statutes;
Or
(3) The person willfully or knowingly violates the provisions of this article and
creates a noise disturbance that causes harm to or immediately threatens life
and/or property or threatens an immediate breach of the peace.
Violations under this subsection (c) shall be prosecuted in the same manner as
misdemeanor offenses. Upon conviction, the person shall be punished by a fine in an
amount not less than two hundred fifty dollars ($250.00) and not to exceed five hundred
dollars ($500.00), or imprisonment in the county jail for a period not to exceed sixty (60)
days, or both.
* **
Section 14. Section 13 -41 of the Ci Code Amended. That Section 13 -41
"Immediate Threat to Health and Welfare" of Chapter 13 "Nuisances" of the City Code, is
hereby amended to read, as follows (proposed additions to existing City Code text are indicated by
underline and proposed deletions from existing City Code text are shown by moo, while
asterisks ( * * *) indicate a deletion from the Ordinance of text existing in Section 13 -41. It is
intended that the text in Section 13 -41 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this ordinance):
Sec. 13 -41. Immediate threat to health and welfare.
* **
(b) Any person subject to an order issued pursuant to subsection (a) shall comply with such
order until:
(1) The sound is brought into compliance with the order, as determined by the noise
control officer; or
(2) A judicial or code enforcement board or special magistrate order has superseded
the noise control officer's order.
* **
City of Winter Springs
Ordinance No. 2015 -22
Page 18 of 21
Section 15. Section 17424 of the City Code Amended. That Section 17 -124
"Suspension of Use of City Park" of Chapter 17 "Streets, Sidewalks and Other Public Places" of
the City Code, is hereby amended to read, as follows (proposed additions to existing City Code
text are indicated by underline and proposed deletions from existing City Code text are shown by
stfike4weugh), while asterisks ( * * *) indicate a deletion from the Ordinance of text existing in
Section 17 -124. It is intended that the text in Section 17 -124 denoted by the asterisks and set forth
in this Ordinance shall remain unchanged from the language existing prior to adoption of this
ordinance):
Sec. 17 -124. Suspension of use of city park.
* **
(b) A person's privilege to use a city park or any facility therein may be suspended by the
chief of police or the city's parks and recreation director when the person has been found
guilty of violating any provision of this article on more than two (2) occasions within a
three -year period. For purposes of this section, the terms "guilty" shall include a plea of
nolo contendere, voluntary payment of a citation issued in accordance with this article, or
an adjudication of guilt by a court of law or code enforcement board or special
magistrate. The first suspension shall be for a period of up to ninety (90) days, and each
additional suspension thereafter, the suspension period shall be for up to ninety (90) days
per applicable offense, not to exceed two (2) consecutive years for any one (1)
suspension.
Section 16. Section 19 -30 of the City Code Amended. That Section 19 -30
"Enforcement Board" of Chapter 19 "Utilities" of the City Code, is hereby amended to read, as
follows (proposed additions to existing City Code text are indicated by underline and proposed
deletions from existing City Code text are shown by st6keh4ough):
Sec. 19 -30. - Enforcement board.
The city may enforce this article through the city code enforcement rroovisions beafd in addition to
any circuit court proceedings or other penalties provided herein. In any proceedings before the code
enforcement board or special magistrate, the director shall serve as the code inspector. The code
enforcement board or special ma
istrate_ shall have the authority to levy fines in excess of the
charges and penalties provided for in this article.
Section 17, Section 19 -175 of the Cill. Code Amended. That Section 19 -175
"Enforcement, Penalties and Legal Proceedings" of Chapter 19 "Utilities" of the City Code, is
hereby amended to read, as follows (proposed additions to existing City Code text are indicated by
underline and proposed deletions from existing City Code text are shown by soil exgh), while
asterisks ( * * *) indicate a deletion from the Ordinance of text existing in Section 19 -175. It is
City of Winter Springs
Ordinance No. 2015 -22
Page 19 of 21
intended that the text in Section 19 -175 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this ordinance):
Sec. 19 -175. - Enforcement, penalties and legal proceedings.
(a) The city may enforce the provisions of this article by any lawful means including, but not
limited to, issuing a civil citation, bringing charges before the city's code enforcement
board or special - raster ma isg Irate, and seeking injunctive and equitable relief.
(d) In addition to any fines which may be imposed by the City eF WifAef SpFings code
enforcement board or special magistrate, persons responsible for violation of this article
shall be liable for all sampling and analytical costs incurred in monitoring the discharge,
and state and/or federal fines imposed as a result of the discharge and costs of removing
or properly treating the discharge.
* **
Section 18. Section 20 -438 of the City Code Amended. That Section 20 -438
"Parking vehicles in residential front yards and on sidewalks prohibited" of Chapter 20 "Zoning"
of the City Code, is hereby amended to read, as follows (proposed additions to existing City Code
text are indicated by underline and proposed deletions from existing City Code text are shown by
MfikethrougN, while asterisks ( * * *) indicate a deletion from the Ordinance of text existing in
Section 20 -438. It is intended that the text in Section 20 -438 denoted by the asterisks and set forth
in this Ordinance shall remain unchanged from the language existing prior to adoption of this
ordinance):
Sec. 20 -438. - Parking vehicles in residential front yards and on sidewalks prohibited.
* **
(c) A violation of this section may be prosecuted before the code enforcement board or
special magistrate or shall be classified as class I civil citation violation.
Section 19. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 20. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter and any heading may
be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
and like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
City of Winter Springs
Ordinance No. 2015-22
Page 20 of 21
Section 21. Severabilitv. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Ordinance.
Section 22. Effective Date. This Ordinance shall become effective immediately upon
adoption pursuant to the City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on this th day of , 2015.
Charles Lacey, Mayor
ATTEST:
Andrea Lorenzo - Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading: October 12, 2015
Legal Ad Published:
Effective Date:
City of Winter Springs
Ordinance No. 2015 -22
Page 21 of 21
EXHIBIT "A"
Page 1
Page 2
Page 3
Page 4
Page 5