HomeMy WebLinkAboutOrdinance 2015-22 Amending Code Enforcement Procedure - Special MagistrateORDINANCE NO. 2015-22
WHEREAS, the City of Winter Springs is granted the authority, under Section 2(b),
Article V111, of the State Constitution, to exercise any power for municipal purposes, except
when expressly prohibited by law; and
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. Be peal 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City of Winter Springs, Florida, is hereby repealed in its entirety.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Subdivision A is attached hereto as EXHIBIT "A" and the repealed City Code sections set forth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 MagigEqje :L 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
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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
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SUBDIVISION A — Code Enforcement.
See. 2-56. Intent.
See, 2-57. Definitions.
The following words. terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
City any per means the city manager or the acting city 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
Code means collectively the City of Winter Springs Code of Ordinances and any statute, code,
rule, ordinance, qLje �gulation elation into the Code byreference.
Code EnLorcement Board shall be a board created pursuant to Section 2-58 a of this subdivision.
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Code Enforcement Officer means any authorized afyent or employee of the citv who has been
designated by the city manager to enforce the city's Code and ordinances.
RMeat Violation means a violation of a provision of the Code by a person who has been
previously found through a code enforcement board or a Special magistrate, to have violated the
same provision of the Code. A Rehr at Violation can occur only after correction of the revious
violation has been made.
S)ecial mggistrale means an individual designated and determined to be qualified by the city
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commission- pursuant to Section 2- 8 of this subdivision.
Uncorreclable Violation means a violation which is irreparable 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 ongoinp, condition or circumstance.
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te-nant., or business entity on the nremises, or an combination thereof) and may include the
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See. 2-58. Code Enforcement Board and Special Magistrates.
(ail Code Enforcement Board.
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its members who shall be a vo ina member. The presence of four (4) or more members
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(4) Unless a code enforcement case has been assigned to a special magistratein
accordance with Section 2-58(b)(5), or subject to a civil citation pursuant to SUbdivision
B of this division 2, or otherwise being jorosecuted by the it 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 it Attorne '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,
Appointments 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.
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Ordinance No. 2015-22
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annually. Special magistrates, may be, reap inted at the discretion f the �cit
commission. Special maaistrates may be suspended and removed with or without cause
by,the, commission. Ap&i t�-hfj aL_Ny, shall be for the remainder of the
unexpired term.
(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
manager has authorized the code enforcement officer to notice a particular case before a
special magistrate.
See. 2-59. Powers of code enforcement board and special magistrates.
The code enforcement board and Special magistrates shall have the power to
(a) Hear and decide violations of the Code,
(b) Adopt rules for the conduct of hearin 6 is.
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Ordinance No. 2015-22
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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 adS �ecial
magistrates shall not have such authority.
Le) If a code enforcement officer has reason to believe a violation or the condition -�c sin -,,,
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
noti v the Violator and may immediately request a hearing.
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ffi If the owner of property that is subject to an enforcement proceeding before the code
enforcement board or special magistrate transfers ownership of such propeqy 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 relatim4 to the code enforcement proceeding received by the transferor.
Disclose. in writing, to the prospective transferee that the new owner will be
responsible for compliance with the applicable Code provision and with orders
issued in the code enforcement proceeding.
File a notice with the code enforcement board o r s pecial magistrate, as applicable,
of the transfer of the property, 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 and (3) before the
transfer creates a rebuttable presumption of fraud. If the property is transferred before the
hearin the roceedn shall not be dismissed but the w owner shall be_provided a
reasonable period of time to correct the violation before the hearing is held.
See. 2-61. Service of Notice.
(b) 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
may also be served by publication or posting as follows.
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Such notice shall be published once darn each for lour consecutive weeks
with four publications being sufficient, in a newspaper of general circulation in
the city. The news er shall meet such requirements as are prescribed Linder
Cho ter 50, Florida Statutes, for legal and official advertisements.
Proof of publication shall be made as providedin §§ 50.041 and 50.051, Florida
Statutes.
(4j Notice by publication or posting may run concurrently with or may follow, an
attempt to provide notice by hand delivery orb mail as re aired under
Subsection (a).
Lcj 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 re and to
whether or not the alleged Violator actual) received �the notice..
See. 2-62. Schedulin t! and conduct of hearing..
(�) A code enforcement board or special magistrate shall postpone a hearing if the named
violator, prior to the scheduled hearing, date, files with the dtflv authorized city board or official
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Is.101 low mill
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I Each case before a code enforcement board or special magistrate shall be presented by a
code enforcement officer or by a duly authorized representative of the city., If the it vrevails in
prosecuting a case before the code enforcement board o r s pecial magistrate, it shall be entitled to
recover all costs incurred in prosecuting the case before the code enforcement board _qLMe6ql
mu dstrate and such costs may be included in the lien authorized under Section 2-63.
See. 2-63. Administrative Fi,nes; costs of re airs and riling of Bens.
Lal The code enforcement board or special magistrate, as applicable, upon notification by the
code enforcement officer that an order of the special map-istrate or code enforcement board has
not been complied with at violation has been
committed, shall conduct a "Masse v" com-oliance hearing, e of the hearing is provided
_qqffie�r notice
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th� A fine imposed pursuant to this section shall not exceed $250 per day for a first violation,
and shall not exceed $500 per day for a Repeat Violation, and, in addition, may include all costs
of repairs pursuant to Subsection The fine for an uncorrectable violation shall not exceed
$5,000 per violation.
Lcl In determining the amount of the fine, if any, the code enforcement board or special
magistrate shall consider the followingz factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation;, and
(3) Anv vreviOLIS violations committed by the violator.
WJ A code enforcement board or special magistrate may reduce a fine imposed pursuant to
this section before an order imposing,_ga_ fine jisi recorded in the public records.
LQ After three months from the filing oaf f any such lien which remains unpaid, the special
magistrate may authorize the city attorney to foreclose on the lien or to sue to recover a money
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iudQment for the amount of the lien plus any accrued interest. No lien created pursuant to the
12rovisions of this Section may be foreclosed on real property which is a homestead under
Section 4, Article X of the State Constitution. The money Judgment provisions of this Section
shall not apply to real property or personal property which is covered under Section 4 Article
X of the State Constitution.
See. 2-64. Duration of lien.
See. 2-65. ---Appeal of Code Enforcement Board or Special magistrate's order.
Sec. 2-65.1. Provisions are supplemental.
Nothinv- contained in this subdivision shall prohibit the city from enforcing its Code by-any-othe
means including, but not limited to a summons, an arrest ,a notice to a ear civil action for
injunctive relief, a stop work order or demolition. The enforcement procedures outlined in this
subdivision are cumulative to all others and shall not be deemed to be prerecluisites to fifina suit
for the enforcement of any section of this Code.
See. 2-65.2. Additional enforcetntqLpowers,
In addition to the powers and authority given to the code enforcement board or special magistrate
for the city pursuant to this subdivision, the city may, in its discretion, exercise any po�� ven
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to municipalities or their code enforcement board or special magistrate by Chapter 162, Florid
Statutes, as amended.
Section 4. Section 2-69.1 of the Ci!y Code Amended. That Section 2-69.1
"Citation Procedure" of Chapter 2 "Code Enforcement" of the City Code, is hereby amended to
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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 stAkethrough):
See. 2-69.1. Citation procedure.
See. 5-5. City arbor division.
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(c) Responsibilities. The role of the city arborist shall include, but not necessarily be limited to:
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(6) To bring violators of this chapter before the code enforcement board gar _Vecial
magistrate.
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City of Winter Springs
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(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 or special ma �trate
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,
See. 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,
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.
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See. 6-300. International Property Maintenance Code adopted.
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(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.
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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 stfikethfough:
See. 9-376. Code enforcement special magistrate bofwd 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 grAspeeial magistrate shall be governed by its rules and procedures.
See. 12-53. Abandonment of motor vehicles prohibited.
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(e) Enforcement. When a disabled or abandoned vehicle is found to be in violation of this
section:
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(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 magistrate 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.
(5) The authorization in this section for towing of abandoned and disabled �h
shall not be construed so as to negate the authority of the code enforceme
or special mqgigEqLtZ_to hear and adjudicate appropriate cases.
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Section 11. Section 12-77 of the Cit Code Amended. That Section 12-77
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"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 stfikethfough):
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 strikethroug .
Sec. 13-4. Procedure for city enforcement of non-imminent hazards.
(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
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(3) The enforcement officer shall take such action as has been authorized by the code
enforcement board or special 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
MAgjgEge_authority to order the property owner to retried y nuisance conditions,
See. 13-39. Penalties.
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(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 far special
MAgjgKge_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),
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(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 Linder the following circumstances:
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.
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See. 13941. Immediate threat to health and welfare.
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(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.
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See. 17-124. Suspension of use of city park.
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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 s4rikethfough4:
See. 19-30. - Enforcement board.
The city may enforce this article through the city code enforcement provisions boa.-d 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� strate 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 City 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 strikethfough), 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
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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):
See. 19-175. - Enforcement, penalties and legal proceedings.
(a) The city may enforce the provisions of this article by any lawfbl means including, but not
limited to, issuing a civil citation, bringing charges before the city's code enforcement
board or special-mast-ef MAgLstrate, and seeking injunctive and equitable relief.
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(d) In addition to any fines which may be imposed by the Gity of WiRtef-Spfiags 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.
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See. 20-438. - Parking vehicles in residential front yards and on sidewalks prohibited.
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(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
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Section 21. Severabilill. 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 26th day of October, 2015.
Char es Lacey, M
ATTEST:
X—nUreAr0—r�e-nz6-Lu aces, City Clerk
Approved as to legal form and sufficiency for
the inter Springs only:
Anthony N-. Garganese, City Attorney
First Reading:
Legal Ad Published:
Effective Date:
October 12, 2015
October 15, 2015
October 26, 2015
City of Winter Springs
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EXHIBIT "A"
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