HomeMy WebLinkAboutCity of Tamarac Ordinance O-1986-0331
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Introduced by
CITY OF TAMAR.AC, FLORIDA
Temp. Ord. #1266
Rev. 5/28/86
Rev. 6/11/86
ORDINANCE NO. 0-86— 33
AN EMERGENCY ORDINANCE CREATING A NEW
CHAPTER, CODE ENFORCEMENT BOARD, IN THE
IN THE CITY'S CODE OF ORDINANCES; PROVI—
DING FOR CREATION OF CODE ENFORCEMENT
BOARD; PROVIDING FOR INTENT; PROVIDING
FOR DEFINITIONS; PROVIDING FOR BOARD COM—
POSITION, MEMBER QUALIFICATIONS, TERMS OF
APPOINTMENT, REMOVAL, VACANCIES AND
REAPPOINTMENT; PROVIDING FOR BOARD
OFFICERS; PROVIDING FOR A QUORUM; PROVI—
DING FOR COMPENSATION; PROVIDING FOR
BOARD RULES; PROVIDING FOR A BOARD CLERK;
PROVIDING FOR LEGAL COUNSEL; PROVIDING
FOR CODE INSPECTORS AND SETTING FORTH
THEIR DUTIES; PROVIDING FOR VIOLATION
HEARINGS; PROVIDING FOR FINES AND LIENS;
PROVIDING HEARINGS TO IMPOSE FINES; PRO—
VIDING FOR SUBPOENAS; PROVIDING THAT THE
PROVISIONS AND PROCEDURES CONTAINED IN
THIS CHAPTER ARE IN ADDITION TO ANY OTHER
REMEDIES PROVIDED FOR BY LAW; PROVIDING
FOR COSTS AND ATTORNEYS FEES; PROVIDING
FOR NOTICES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR A REPEALER; PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the electorate of the City bas in March, 1986,
adopted a Charter amendment requiring that the City Council
create a Code Enforcement Board; and
WHEREAS, Chapter 162 of the Florida Statute permits the
City to create a Code Enforcement Board; and
WHEREAS, the City Council now desires to implement that
Charter amendment adopted by the people mandating creation of
a Code Enforcement Board which complies with the provisions
of Chapter 162 of the Florida Statute.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION ___1: That a new Chapter, Code Enforcement Board
shall be created within the City's Code of Ordinances and
shall read in full as follows:
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Temp. Ord. #1622
Rev. 5/28/86
DE -ENFQRCEMENT BOARD Rev, 6/11/86
1. CREATION OF BOARD.
There is hereby created a Board to be known as the
Tamarac Code Enforcement Board.
2. INTENT.
It is the intent of this chapter to promote,
protect, and improve the health, safety, and
welfare of the Citizens of Tamarac by creating a
Code Enforcement Board, so as to provide an equit-
able, expeditious, effective, and inexpensive
method of enforcing the City's Code of Ordinances,
having no criminal penalty, where a pending or
repeated violation continues to exist, including
but not limited to, occupational license, fire,
building, zoning and sign codes.
3. DEFINITIONS.
For the purposes of this chapter the following
terms or words shall have those meanings ascribed
herein unless the context in which said words or
terms are placed clearly indicates or requires a
different meaning:
"The Board": The City of Tamarac Code Enforcement
Board.
"C]V":
nCity AttorAQYL:
"Code IT1SUe -tor_"
".State'
The City of Tamarac, Florida.
The City Attorney of the City of
Tamarac, Florida.
Any authorized agent or employee of
the City whose duty it is to assure
code compliance.
Hereinafter referred to as "CODE"
and/or "ORDINANCES-"; which words may
be used interchangeably, shall mean
the Ordinances of the City of
Tamarac, Florida.
State of Florida.
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4.
Temp. Ord. #1266
Rev. 5/28/86
Rey, 6/11/86
The person or persons holding record
title to real property upon which a
violation(s) of the City Code is
occurring or has occurred.
BOARD COMPOSITION; MEMBER QUALIFICATIONS; TERMS OF
APPOINTMENT; VACANCIES; REAPPOINTMENT; REMOVAL.
(A) The Board shall be composed of seven members
appointed by the City Council and, whenever pos-
sible, shall include the following:
(1) An Architect.
(2) A Business Person.
(3) An Engineer.
(4) A General Contractor.
(5) A Subcontractor.
(6) A Realtor.
(B) Qualifications. Each member appointed to the
Board shall possess, in addition to experience or
interest in the fields of zoning and building
control, the following minimum qualifications:
(1) Any architect and any engineer
so appointed shall be registered under the laws of
the State of Florida regulating the practice of
architecture and engineering, respectively; or
shall possess similar qualifications under the laws
of other states; or shall have actual experience
deemed by the Council to be equivalent to such
registration.
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Temp. Ord. #1266
Rev. 5/28/86
Rey, 6/11/86
(2) Any general contractor or
subcontractor appointed shall possess a valid
certificate of competency and occupational license,
-recognized and accepted under the laws of the state
and the ordinances of the City regulating the
business of contracting or subcontracting and where
required, State of Florida registration as a
contractor or subcontractor; or shall possess
similar qualifications under the laws of other
states; or shall have actual experience deemed by
the Council to be equivalent to such certification.
(3) Any realtor shall be licensed
under the laws of the state which license a real
estate broker, as either a broker or a salesperson;
or shall possess similar qualifications under the
laws of other states; or shall have actual
experience deemed by the Council to be equivalent
to said licensing. The realtor shall also hold a
current and valid occupational license.
(4) Any business person shall be
actively engaged in any lawful business within the
City, and shall hold a current and valid occupa-
tional license issued by the City; or shall have
actual experience deemed by the Council to be
equivalent to such certification.
(5) Each member of the Board shall
be a resident of the City.
(C) In order that the terms of office of all
regular members of the Board will not expire at the
same time, the initial appointments to the Board
shall be as follows:
(1) Two members shall be appointed
for a term of one year.
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Temp. Ord. #1266
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(2) Three members shall be appointed
for a term of two years.
(3) Two members shall be appointed
for a term of three years.
(4) Thereafter, all appointments
shall be made by the City Council for a term of
three years.
(D) Vacancies and reappointments. Any member may
be reappointed for one successive term by the City
Council. Appointments to fill any vacancy to the
Board shall be for the remainder of the unexpired
term of office.
(E) Removal of Board members. If any Board member
fails to attend two out of three successive
meetings without cause and without prior approval
of the Chairperson, the Board shall declare the
member's office vacant and the City Council shall
promptly fill such vacancy. The members shall
serve in accordance with the ordinances of the City
and may be suspended and removed for cause as
provided in the City ordinances dealing with
removal of members of City Boards.
BOARD OFFICERS.
(A) The Board officers shall consist of a Chair-
person and a Vice -Chairperson.
(B) Officers of the Board shall be elected by a
majority vote of the membership at the Board's
first meeting after their initial appointment,_and
annually thereafter.
(C) A member of the Board may be elected to serve
as an officer without restrictions as to the number
of terms served.
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Temp. Ord. #1266
Rev. 5/28/86
Rev, 6/11/86
6. QUORUM.
Four or more members of the Board shall constitute
a quorum.
7. COMPENSATION.
Members of the Board shall serve without compen-
sation, but may be reimbursed for such travel,
mileage, and other per diem expenses as may be
authorized by the City Council.
8. BOARD RULES.
The Board may adopt such rules and regulations as
are consistent with the provisions of this Chapter
and Chapter 162 of the Florida Statutes.
9. BOARD CLERK.
(A) The City Manager shall appoint a City employee
to be the Board Clerk, who shall perform the
functions assigned to the Clerk as set forth in
this Chapter.
(B) For the purpose of administering this Chapter,
the Board may call upon the City Manager to furnish
such other City employees as may be necessary to
assist the Board in performing its functions and
duties under this Chapter.
10. LEGAL COUNSEL.
The City Attorney shall either be Counsel to the
Board or shall represent the City by presenting
cases before the Board, but in no case shall the
City Attorney serve in both capacities. The
Council shall determine by Resolution what capacity
the City Attorney shall serve in and whether
separate legal counsel shall be retained to Counsel
either the City or the Board.
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Temp. Ord. #1266
Rev. 5/28/86
Rey, 6/11/86
11. CODE INSPECTORS AND DUTIES.
(A) It shall be the duty of Code Inspectors to
initiate enforcement proceedings before the Board.
No member of the Board shall have the power to
initiate such enforcement proceedings.
(B) Except when the Code Inspector has reason to
believe a violation presents a serious threat to
the public health, safety and welfare, if a vio-
lation of an Ordinance and/or Code is found, the
Code Inspector shall notify the alleged violator of
the violation and give the alleged violator a
reasonable time to correct the violation. Should
the violation continue beyond the time specified
for correction, the Code Inspector shall ask the
the Board Clerk to set a hearing and to notify the
alleged violator of the hearing.
12. VIOLATION HEARINGS.
(A) The Chairman of the Enforcement Board may call
hearings of the Enforcement Board; hearings may
also be called by written notice signed by at least
three members of the Enforcement Board. At any
hearing, the Enforcement Board may set a future
hearing date. The Enforcement Board shall attempt
to convene no less frequently then once every
month, but it may meet more or less often when the
demand necessitates. Minutes shall be kept of all
hearings by the Enforcement Board, and all hearings
and proceedings shall be open to the public. The
City shall provide clerical and administrative
personnel as may reasonably be required by the
Board for the proper performance of its duties.
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13.
Temp. Ord. #1266
Rev. 5/28/86
Rev, 6/11/86
(B) Each case before the Board shall be presented
by the City Attorney or by an Attorney retained by
the City or by a member of the City Administrative
Staff.
(C) The Board shall proceed to hear the cases on
the agenda for that day. All testimony shall be
under oath and shall be recorded. The Board shall
take testimony from the Code Inspector and the
alleged violator. Formal rules of evidence shall
not apply, but fundamental due process shall be
observed and shall govern the proceedings.
(D) At the conclusion of the hearing, the Enforce-
ment Board shall issue findings of fact, based on
evidence of record and conclusions of law, and
shall issue an order affording the proper relief
consistent with powers granted herein. The
findings shall be by motion approved by a majority
of those members present and voting, except that at
least four members of the Board must vote in order
for the action to be official.
ESTABLISHING FINE AND LIEN.
(A) The Board, upon notification by the Code
Inspector that a previous order of the Board has
not been complied with by the set time or, upon
finding that the same violation has been repeated
by the same violator, may order the violator to pay
a fine not to exceed $250.00 per day for Pach day
that the violation continues past the date set for
compliance.
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Rev. 5/28/86
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Rev, 6/11/86
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(B) A certified copy of an order imposing a fine
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may be recorded in the public records and
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thereafter shall constitute a lien against the land
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upon which the violation exists, or if the violator
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does not own the land, upon any other real or
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personal property owned by the violator; and it may
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be enforced in the same manner as a court judgment
by sheriffs of the state, including levy against
the personal property, but shall not be deemed
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otherwise to be a judgment of a court except for
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enforcement purposes. After six months from the
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filing of any such lien which remains unpaid, the
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_ Board may authorize the City Attorney to foreclose
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on the lien. No lien created pursuant to the
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provisions of this Ordinance may be foreclosed on
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real property which is a homestead under Section 4,
Article X of the Florida Constitution.
14. CONDUCT OF HEARINGS TO IMPOSE FINES.
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(A) When the Board sets a violation for a hearing
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to impose fine, the Clerk of the Board shall set a
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time and date for the hearing to impose fine and
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notify the alleged violator and Code Prosecutor.
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The violator shall be given at least seven days'
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written notification of the hearing to impose fine.
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(B) The City shall present to the Board an affi-
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davit of noncompliance setting forth that an
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inspection has occurred and that the order issued
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at the hearing has not been complied with -or that
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the same violation has been repeated by the same
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violator.
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(C) The City Official shall remain available so as
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to respond to inquiries from the Board.
(D) The violator shall have an opportunity to
explain why compliance has not occurred, or why the
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Temp #1266
Rev. 5/28/86
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Rev, 6/11/86
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violation has been repeated, or to rebut the
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affidavit of noncompliance presented by the City,
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and shall have the right to be represented by an
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Attorney.
(E) At the conclusion of the hearing to impose
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fine, the Board shall decide whether compliance has
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occurred within that time period set forth in a
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prior Board order, or whether the same violation
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has been repeated by the same violator, and shall
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issue an appropriate order.
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15. FINAL ORDERS.
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(A) Every enforcement order of the Board shall be
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final subject to the right of the aggrieved party,
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including without limitation the City or the
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violator, to appeal a ruling or order of the Board
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to the Circuit Court of Florida in and for Broward
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County. An appeal shall be filed within 30 days of
the execution of the order to be appealed.
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(B) Every enforcement order of the Board shall
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have the force of law, shall be in writing, shall
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include findings of fact and conclusions of law,
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and shall indicate the vote upon the order.
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(C) Every enforcement order shall be prepared by
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the Clerk, signed by the Chairperson, or in his
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absence, the Vice -Chairperson, and shall be filed
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in the office of the City Clerk. A copy of the
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signed order shall be sent by certified mail,
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return receipt requested, to the violator.
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(D) The Board shall, in every proceeding, reach a
decision without unreasonable or unnecessary delay.
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(E) All City employees shall take action as
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necessary in accordance with a decision of the
Board.
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Temp. Ord. #1266
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16. SUBPOENAS.
The City, the Board, or the alleged violator may
request that witnesses and records, including
surveys, plats, and other materials, be subpoenaed
to any hearing. Subpoenas shall be served by the
officers of the City Police Department. The
Chairman of the Board shall provide the Clerk of
the Board with sufficient signed and blank witness
subpoenas to be provided for the purposes of
subpoenaing witnesses and records. The violator
shall pay to the City a fee of $12.00 for each
subpoena served.
17. SUPPLEMENTARY PROVISIONS.
The provisions and procedures contained in this
Chapter shall be in addition and supplemental to
any other remedies now existing or subsequently
provided for by law, regarding violations of
municipal Ordinances. Nothing contained within
this Ordinance shall prohibit the City from
enforcing its Codes by any other means.
18. COSTS AND ATTORNEYS FEES.
In any court action instituted pursuant to this
Chapter, in which the City prevails, the City shall
be entitled to reasonable costs and attorney's
fees.
19. NOTICES.
Any notices required to be sent pursuant to the
provisions of Chapter 162 of the Florida Statute,
as said Chapter may be amended from time to time,
shall be by certified mail, return receipt
requested, or when mail would not be effective, by
hand delivery by the Code Inspector.
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Temp. Ord.#1266
Rev. 5/28/86
Rev, 6/11/86
E T Should any section or provision of this
Ordinance or any portion thereof, or any paragraph, sentence
or word be declared by a Court of Competent jurisdiction to
be invalid, such decision shall not affect the validity of
the remainder hereof as whole or any part hereof, other than
the part declared to be invalid.
SECTION 3: All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed to the extent of such
conflict.
SECTION___4: That any prior Ordinances or motions in
conflict with this Ordinance are hereby superseded and
repealed.
SECTIQRa: That this Ordinance shall become effective
immediately upon its final reading.
PASSED FIRST READING this -ZL";O(day of , 1986.
PASSED SECOND READING this day of , 1986.
ATTEST: MAYOR
CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this ORDINANCE.
CITY AT ORN
150529 /p
RECORD OF COUNCIL VOTE
MAYOR: HART
DIST. 1: C/W MASSARO
DIST. 2: C/M STELZER ZV7
DIST. 3: C/M GOTTESMAN
DIST. 4: V/M STEIN
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