HomeMy WebLinkAboutCity of Tamarac Resolution R-86-271a
Introduced by: C' w- -_ Temp. Peso. 04222.
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CI.'T'Y OP TAMARAC, PLORIDA
PESOLUT ON NO. R-86-&
A RESOLUTION APPROVING THE CITY OF TAMAR.AC
CODE ENFORCEMENT BOARD PROCEDURAL HANDBOOK;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has adopted an ordinance
creating the Tamarac Code Enforcement Board; and
WHEREAS, the ado >ti-on of.:: a procedural handbook will
greatly increase the efficiency of the Tamarac Code Enforce-
ment Board.
NOW, THEREFORE, BE IT RESOLVED BY THY CITY COUNCIL OF THE
CITY OF TAMAPAC, FLOPIDA:
TTTOU1: That the City of Tamarac Code Enforcement
Board Handbook attached hereto and made a part hereof as
Exhibit "A" is hereby adopted and approved in its entirety.
SFC�.'ION_ 2: This Resolution slab. - become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVFD this wQ day of _ _.
1986.
ATTEST:
i
tR R. Z L�fi
ERTT OI. F-,.-.
CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this RESOLUTION.
A. BRYx.�,�PPLFGA E
CITY ATTORNEY
20027/8/86--t
BF,RNAP, ._HART
MAYOR
RECORD OF C:O'U NM MOTE
h/1000 PART
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NST2: STELZER .._ .. �..�.�..._ —
DlSTu. 3: C/N1 GO T TESL.' AN
DIST. 4: 01M STEIN _ ���
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CITY OF TAMARAC
CODE ENFORCEMENT BOARD
PROCEDURAL HANDBOOK
EXHIBIT "A"
i
E
0
TABLE QF CONTE�TT,9
PAG-E
SECTION I - PROCEDURES FOR VIOLATION 1 - 4
NOTICE OF VIOLATIONS 1 - 3
REFERRAL TO CLERK OF THE CODE ENFORCEMENT BOARD 3 - 4
SUBPOENAS 5
SECTION II - HEARING 4 - 11
FINAL ORDER 9 - 10
SECTION III - HEARING TO IMPOSE FINE 11 - 14
RELEASE OF LIEN 13 - 14
FORECLOSURE OF LIEN 14
APPEAL 14
SECTION IV - INTERNAL CODE ENFORCEMENT BOARD 14 - 20
RULES OF PROCEDURE
0
CITY OF TAMARAC
CODE ENFORCEMENT BOARD
PROCEDURAL HANDBOOK
-Section I - Procedures for, Violations.
1. Complaint Received - An inspector in the appropriate
department shall be requested to investigate an alleged
violation.
2. InitiglInspecti_on_ of 4nAlleged _.Violation - The alleged
violation shall be subjected to an inspection based upon a
• complaint or the inspector's own initiative:
A. If no violation is found to exist then the inspector
shall make and retain notes for his files and the
matter shall be closed.
B. Notice of Violat-i-Qn - If a violation is believed to
exist, the following procedure shall be followed in
the inspector's discretion.
1) The inspector shall issue a Notice of Violation
(Form CEB-l(b)), serve a copy on the alleged
violator and retain a copy for the department's
file. If the violator is not the owner, a copy
of the Notice of Violation shall also be served
on the owner. Notice(s) of Violation shall be
served by personal service, if possible,
otherwise by another approved method. Service
1
by mail shall be by Certified Mail, Return
.
Receipt Requested.
a) Nothing contained herein shall be
construed or implied to limit the
authority of the Chief of the Fire
Department or of any Fire Marshall
or any Fire Inspector to proceed
pursuant to the Fire Code of the City
of Tamarac. Said inspectors shall have
the option of proceeding with the viola-
tion under the City's Fire Code.
Similarly these guidelines are not to be
the exclusive remedy for dealing with
violations where other procedures exist.
b) The
time limit set for the correction of
the violation shall be determined by the
inspector based upon the inspector's
professional judgment and shall be
reasonable.
2) The inspector shall make and retain notes for
the department file.
3) If the inspector has reason to believe the
violation presents a serious threat to the
public health, safety and welfare, then the
inspector shall notify the Clerk of the Code
Enforcement Board, (hereinafter Clerk) who
shall then set the violation for Hearing
pursuant to City of Tamarac Code of Ordinances.
2
3. ReinapectiQn A After
Violation Issued
Immediately after expiration of the time limit set
for corrective action in the Notice of Violation, the
inspector shall reinspect the location where the
violation occurred to determine if the corrective
action has been completed.
A. If the correction active has been completed,
then the inspector shall make a report for the
department file and then close the file.
B. Referral k of the CodeE orcermnt
Board - If the correction action specified has
not been completed, then:
1) The inspector shall complete the Affidavit of
Alleged Violation (Form CEB-3) and submit it to
the Clerk.
2) The inspector shall complete an Affidavit of
Service (Form CEB--2) for the service of the
Notice of Violation on the violator and on the
owner, if applicable, and submit the Affidavits
of Service to the Clerk.
3) The Clerk shall open a file, including copies
of the Notice(s) of Violation, Affidavit(s) of
Service, Affidavit of Alleged Violation and the
inspector's notes. The Clerk shall assign a
case number to each violation and each
subsequent file opened shall be assigned a case
number incremented by one (1).
3
4) The Clerk shall set the violation down for a
Hearing at the next available Code Enforcement
Board (hereinafter Board) meeting, which shall
be scheduled to provide sufficient time for at
least fifteen (15) days written notice.
4. Violation C P Scbedu d H. ainq.
Immediately prior to the scheduled Hearing, the
inspector shall reinspect the location where the
violation occurred and if the inspector determines
that the violation has been corrected:
A. The inspector shall notify the Clerk and submit
an Affidavit of Compliance (Form CEB-7a(1)) to
the Clerk.
B. The Clerk shall delete the Hearing from the
calendar and the agenda of the Board meeting,
notify the violator and owner, if possible, and
close the file.
Section II, -_Hearing
I. N-o-tice
A. The Clerk shall provide the violator and owner, if
applicable, with at least fifteen (15) days written
notice of the scheduled Hearing in the manner set
forth below.
1) A Notice of Hearing (Form CEB--8), with a copy
of the Affidavit of Alleged Violation attached,
shall be served on the violator and the owner,
if applicable. Service shall be by certified
mail, return receipt requested, or b p q y personal
4
service, if mailing is ineffective, otherwise
by another approved method.
2) The Clerk, or other individual providing
service, shall complete the Affidavit(s) of
Service for the service of the Notice of
Hearing and it shall be retained in the Clerk's
file.
3) The Notice of Hearing shall also state the
following: "If you wish to exercise your right
to be represented by an attorney, you must
notify the Clerk of the Code Enforcement Board
within five (5) days of the scheduled hearing
date."
4) A copy of the Notice(s) of Hearing and a copy
of the Affidavit of Alleged Violation shall be
delivered to the City Prosecutor and the
inspector.
2. Subpoena -- The City, the Board, the alleged violator or
owner, if applicable, may request that witnesses be
subpoenaed or records be subpoenaed for the Hearing.
A. Subpoenas shall be served by police officers of the
City of Tamarac Police Department.
B. Affidavit of Service shall be retained in the Clerk's
file.
C. The violator or owner shall pay to the City a fee of
$12.00 for each subpoena served on his, her or their
behalf.
3. Pu-'gQse - The Board will hear and shall consider all
testimony offered and shall examine and consider all the
5
evidence presented. At the conclusion of the hearing, the
Board shall issue Findings of Fact and Conclusions of Law
and an Order, which shall mandate the steps necessary to
bring a violation into compliance by a time certain, if a
violation is found to exist.
4. Pr4_cedure - The procedure for the Hearing shall be as
follows:
A. All testimony shall be under oath.
B. The Chairperson of the Board shall call the case at
its scheduled time in the order in which it appears
on the agenda. The Board may hear a case out of
order if the Chairman determines it to be in the best
interest of the Board.
C.
The Clerk will introduce the case.
D.
The City Prosecutor will present the City's case, if
the alleged violator is represented by an attorney or
if the City determines that it is in the best
interest.
E.
The City may (a) call and examine witnesses; (b)
introduce exhibits; (c) cross-examine witnesses;
(d) impeach witnesses; (e) rebut evidence.
F.
The violator and owner, if applicable, who may be
represented by an attorney, will present his, her or
their case.
G.
The violator and owner, if applicable, may (a) call
and examine witnesses; (b) introduce exhibits
.
(c) cross-examine opposing witnesses; (d) impeach
witnesses; (e) rebut evidence.
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H. Rebuttal by the City Prosecutor.
I. Rebuttal by the violator and the owner, if
applicable, or his, her or their attorney.
J. Closing statement and recommendation by the City
Prosecutor.
K. Closing statement and recommendation by the violator
and owner, if applicable, or his, her or their
attorney.
L. Any person whose interest may be affected by the
matter before the Board shall be given an opportunity
to be heard.
M. Formal rules of evidence shall not apply but
fundamental due process shall be observed and govern
said hearings.
N. All relevant evidence shall be admitted, if, in the
opinion of the Board, it is the type of evidence upon
which reasonable and responsible persons would
normally rely in the conduct of business affairs,
regardless of existence of any common law or
statutory rules which might make such evidence
inadmissible over objections in civil actions. The
Chairperson of the Board may exclude irrelevant or
unduly repetitious evidence.
0. Hearsay evidence may be accepted for the purpose of
supplementing or explaining any direct evidence, but
such hearsay evidence shall not, in and of itself, be
considered sufficient to support a finding or
decision unless the evidence would be admissible over
objections in a civil action.
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P. If written notice of the Hearing has been provided to
an alleged violator, and owner, if applicable, the
Hearing may be conducted and an Order rendered in the
absence of the violator and owner, if applicable.
Q. At the conclusion of the presentation of evidence,
and the taking of testimony, the Board shall issue
findings of fact and conclusions of law and issue an
Order which may dismiss the case, reach a decision in
accordance with the purpose of the Hearing, or
continue the case. The findings and Final Order
shall be by motion approved by a majority of those
present and voting. The final vote of the Board
shall be reflected on the Order.
5. Orders - The Board shall make a determination and the
Chairperson shall sign one of the following orders.
A. Order of Continuous - Form CEB-5(a). The Board may
in its discretion, and for good cause shown, continue
the Hearing to another date upon a majority vote of
those members present.
1) The Clerk shall serve a copy of the Order of
continuance together with a new original
Notice(s) of Hearing on the violator and owner,
if applicable, in the same manner as the prior
Notice of Hearing was served. Affidavit(s) of
Service shall be executed and retained for the
Clerk's office.
IR2)
The Clerk shall provide a copy of the new
A
original Notice of Hearing to the City
.
Prosecutor and the inspector.
3)
New subpoenas shall be issued in the same
manner as initially served.
4)
The case may be continued as many times as the
Board deems advisable.
B. Final,_ Orders - Upon reaching a conclusion at the
Hearing the Board shall issue a Final Order (Form
CEB-9)
setting forth the following:
1)
In the event the Board determines that the
Findings of Fact and Conclusions of Law do not
warrant that a violation exists then the Final
Order will reflect this determination and the
Clerk shall mail the Order to the alleged
violator, place a copy of the Order into the
file, and close the case.
2)
In the event the Board determines that the
Findings of Fact and Conclusions of Law warrant
that a violation exists;
i) The Final Order will reflect these
Findings of Fact and Conclusions of Law.
ii) The Final Order shall mandate that the
violator, and owner, if applicable, take
whatever steps are necessary to bring
the violation into compliance by a time
certain set out in the Final Order.
iii) The Final Order may contain a predeter-
mined fine not to exceed two hundred
fifty ($250.00) Dollars per day, in
Fi
event, that the violation continues past
the date set for compliance or for each
day the violation reoccurs. The fine
shall not become effective or commence
without further action by the Board.
iv) The violator and owner, if applicable,
shall be mailed a copy of the Final
Order within five (5) days of the
Board's action, certified mail, return
receipt requested. The Clerk shall
complete an Affidavit of Service for the
mailing of the Final Order and retain it
for the file.
6. ZunctiveRelief - In the event the Board believes that a
violation presents a serious threat to the public health,
safety and welfare, the Board may direct the City Attorney
to seek appropriate injunctive relief in the name of the
City from the appropriate Court.
7. ReinspectionD nc th
the is F F' d r -
After the expiration of the time limit set for
compliance in the Final Order, the inspector shall
reinspect the location where the violation occurred to
determine if the Final Order has been complied with.
A. If compliance has occurred the inspector shall
complete an Affidavit of Compliance (Form CEB-7a(2)
and submit the Affidavit to the Clerk who shall place
the Affidavit into the file and close the case.
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B. If compliance has not occurred, or if the same
violation has been repeated, the inspector shall
complete an Affidavit of Noncompliance (Form CEB-
7(b)(11) and submit the Affidavit to the Clerk who
shall schedule a Hearing to Impose Fine.
Section -I -II - H ing.to Impose F'
1. Notice - The Clerk shall provide the violator and
owner, if applicable, with at least seven (7) days
written notice of a scheduled Hearing to Impose Fine
in the manner set forth below.
A. The Clerk shall serve a Notice of Hearing to
Impose Fine (Form CEB-12), with a copy of the
Affidavit of Noncompliance attached, on the
violator and owner, if applicable. Service
.
shall be by certified mail, return receipt
requested, or if mailing is ineffective by
personal service, otherwise by another approved
method.
B. The Clerk of other individual providing service
shall complete the Affidavit(s) of Service for
the service of the Notice of Hearing to Impose
Fine and it shall be retained in the Clerk's
file.
2. Purpose - The Board will consider the case to
determine whether there has been compliance with the
Final Order.
3. Procedure - The procedure for the Hearing to Impose
Fine shall be as set forth below.
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A.
The Chairperson of the Board shall call the
41
case at its scheduled time in the order in
which it appears on the agenda.
B.
The Clerk shall introduce the case.
C.
The City shall present for the Board's review
an Affidavit of Noncompliance and will remain
available to respond to inquiries from the
Board.
D.
The violator and owner, if applicable, who may
be represented by an attorney, shall have the
right to respond.
E.
At the conclusion of the violator or owner's
response the Board may discuss the case and
shall decide whether compliance has occurred,
or if the same violation has been repeated by
the same violator.
4. Orders -
A. If the Board determines that the compliance has
occurred, despite the inspector's Affidavit of
Noncompliance, then the Chairperson of the
Board shall execute an Affidavit of Compliance.
The Clerk shall insert it into the Clerk's file
and close the case.
B. If the Board determines that compliance has not
occurred or if the same violation has been
repeated, the Board shall:
1) Issue an Order of Imposition of Fine and
Claim of Lien (Form CEB-10) which shall
be certified.
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2) The Clerk shall forward the Order of
Imposition of Fine and Claim of Lien to
the violator and owner, if applicable,
certified mail, return receipt requested,
within five (5) days of the Board's
action and complete an Affidavit of
Service which shall be inserted into the
file.
3) The Board may allow an additional amount
of time not to exceed the term set for
compliance at the end of the Formal
Hearing for the violator or owner to
remedy the violation if the Board has
determined that the violator or owner
have
initiated the appropriate steps for
compliance.
5. Rgleia_of____Lien for Recording - The per diem fine
shall be computed from the date set forth in the
Final Order, as subsequently imposed by the Board in
is Order of Imposition of Fine and Claim of Lien,
through the date on which compliance has been
determined.
A. The violator or the owner, if applicable, may
request a reinspection of the location where
the violation occurred to determine compliance.
If compliance has occurred the inspector shall
execute an Affidavit of Compliance which shall
be submitted to the Clerk for the file.
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B. Upon payment of the fine, as calculated above,
.
the Clerk shall have a Release of Lien (Form
CEB-11) recorded in the Public Records of
Broward County, Florida.
6.
Forgclosinq Lien - Six months after the filing of any
Order of Imposition of Fine and Claim of Lien which
remains unpaid, the Board may authorize the City
Attorney to obtain approval from the City Council to
foreclose upon such Claim of Lien.
7.
AAppe&l_ - Every enforcement Order of the Board shall
be final, subject to the right of an aggrieved party,
including without limitation, the City or the
violator or owner, to appeal a Final Order of the
Board to the Circuit Court of the Seventeenth
Judicial Circuit of Florida in and for Broward
County, Florida. An appeal shall be filed within
thirty (30) days of the execution of the order to be
appealed.
Bg-g-t-ion. IV
Internal Code Enf orgQ-mp.-at---D_QArd s of P oc du
1. Beza
ina ss -
All
Hearings and related matters shall be conducted in
accordance
with the provisions and proceedings set forth
in
this Procedure Hand Book and applicable City Ordinances
and
State Statutes.
2. A
P -
All
Hearings and related matters of the Board shall be
conducted
in an open matter before the public.
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3. Parlimentary
Procedure -
a.
0 der Newlv Revised
shall be the
final authority on all questions
of parlimentary
procedure.
b.
Voting shall be by roll call vote.
Roll call shall
be in random order. All members present shall vote.
The Chairperson shall vote last. The
voting of each
member shall be "Yes" (favor the
motion) or "No"
(opposed to motion).
C.
In the case of a tie vote, a
motion shall be
considered defeated.
4. 0-r-d-e
r o f B Li s ine g s
A.
Roll Call.
B.
Approval of Minutes of the previous
meeting.
C.
Correspondence.
D.
Administrative Business.
E.
Public Hearing:
1. Hearings to Impose Fines.
2. Hearings.
F. Reports.
G. Adjournment of Meeting.
5. Schedyl_e of Meetings
a. Regular meetings shall be held at least once each
month, unless otherwise provided by the Board.
Whenever a scheduled meeting falls on a legal holiday
or religious holiday, the Board shall reschedule the
meeting.
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b. Special meetings may be called by the Chairperson by
written notice when signed by at least three (3)
Board members.
6. Recording __of Meetings
Meetings are to be recorded and minutes �of all Board
meetings shall be kept by the Board Clerk.
7. Ouoru
A quorum shall consist of four (4) members of the Board. A
majority vote of those present shall be required for Board
action and at least 4 members must vote for the action to
be official.
If a quorum is not present after thirty (30) minutes has
elapsed beyond the scheduled starting time, the meeting
shall be cancelled.
.
8. Conflict of InIgrest
Whenever a member of the Board determines that a matter
before it could inure to his special private gain or inure
to the special gain of any principal by whom he is
retained shall abstain from voting. Such Board member
shall prior to the matter being considered, publicly state
to the assembly the nature of his interest in the matter
from which he is abstaining from voting and, within
fifteen fifteen (15) days after the vote occurs.
Disclose the nature of his interest as a public record in
a memorandum filed with the person responsible for
recording the minutes of the meeting, who shall
incorporate the memorandum in the minutes.
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9. 0
d EleckigIns
A.
The officers of the City of Tamarac Code Enforcement
Board consist of:
1. Chairperson.
2. Vice -Chairperson.
B.
Officers shall be nominated from the floor at the
meeting at which the elections are to be held.
C.
Regular elections shall be held annually as the last
order of business at the first meeting held in
August.
D.
The term of office shall be one (1) year, which term
is to commence at the conclusion of the election of
all officers.
E.
There is no limitation on the number of terms a
member of the Board may serve.
F.
Special elections for replacement officers shall be
held at the second regular meeting following the
month during which the office first becomes vacant.
10. Duties_.of
Off.._cSrs_
A.
Chairperson:
1. Preside at all meetings.
2. Appoint all committees and be an ex-officio
member of all committees.
B.
Vice Chairperson:
1. Perform the duties of the Chairperson when the
Chairperson is absent.
C.
In the absence of the Chairperson and Vice-
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Chairperson, a member selected from the Board may
serve as Chairperson pro tem for that meeting.
11. Term
of Office of Members
1.
The initial appointments to the Board, made in June,
1986, were:
(a) 2 members for one (1) year.
(b) 3 members for two (2) years.
(c) 2 members for three (3) years.
2.
After the initial appointments all appointments shall
be for a term of three (3) years. A member may be
reappointed for one (1) successive term.
3.
Appointments to fill any vacancy shall be for the
remainder of the unexpired term of office of the
member vacating the position.
4.
If a member fails to attend two (2) out of three (3)
successive meetings without cause and without prior
approval of the Chairperson, the Board shall declare
the member's office vacant. The Board shall advise
the City Commission of said vacancy and the City
Commission shall fill the vacancy promptly.
5.
Members of the Board may be removed for cause as
provided in the City Code of Ordinances.
12. Attgrnev
for the Board
A.
The City Attorney or Assistant City Attorney for the
City of Tamarac shall represent and be counsel to the
Board and attend specified meetings of the Board.
B.
The City Attorney or Assistant City Attorney shall
not enter into any binding agreements or stipulations
concerning matters before the Board without first
"K
obtaining Board approval by a majority vote at an
open public meeting.
C. Pursuant to Subsection (12B) as set forth above, the
City Attorney or Assistant City Attorney may within
their discretion discuss the issues of a particular
matter with counsel for the alleged violator and the
City Prosecutor to determine whether or not a case
should be settled, continued, dismissed or set for
hearing.
13. C i t v Pros-cutor
A. The City Prosecutor shall present all cases in which
the violator or owner is represented by an attorney.
B. The City Prosecutor shall also present any case in
which the City has determined that it would be in its
best interest to have the case presented by an
attorney.
C. The City Prosecutor shall also have the discretion,
including but not limited to the right to negotiate a
plea with the violator and present that plea to the
Board for approval, to recommend a disposition of a
case to the Board, and to decline to prosecute a
case, similar to the discretion exercised by the
State Attorney in criminal cases.
14. is
A. These Rules of Procedure may be amended by a vote of
a simple majority of those present at any meeting or
special meeting at which a quorum is present,
• provided that the proposed amendment change has been
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presented to the Board at least one (1) week prior to
such meeting.
B. These Rules of Procedure may be suspended by the
unanimous consent of those present at any meeting at
which a quorum is present.
15. �oB_f- ct
A. Any provision of this Procedural Handbook of the Code
Enforcement Board that conflicts with any City
ordinance of the City of Tamarac or any State statute
of the State of Florida shall be ineffective and for
the purpose of conducting any meeting of the Code
Enforcement Board shall be considered repealed.
16. Rey.i_gw of Ru,ie,s_Of Procedure.
This Procedural Handbook may be revised by the City
Attorney upon a majority vote of the full Board directing
that such action be taken.
APPROVED by City Council action on the _;�3
20017/8/86-t
20
day of J out \/ , 1986