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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1986-0441 2 3 4 5 9 10 11 12 13 14 15 16 17 21 22 23 24 25 26 27 28 29 30 2 33 34 Introduced by Temp #1274 CITY OF TAMARAC, FLORIDA ORDINANCE NO 0-86-4/Y AN ORDINANCE AUTHORIZING AND DIRECTING THE PROPER CITY OFFICIALS TO CONDUCT A REFER- ENDUM ELECTION ON TUESDAY, NOVEMBER 4, 1986 TO PROPOSE AN AMENDMENT TO SECTION 7.02 OF THE CITY CHARTER PROVIDING FOR THE CITY MANAGER TO SUBMIT TO THE COUNCIL A BUDGET FOR THE ENSUING FISCAL YEAR TOGETHER WITH A MESSAGE AS REQUIRED BY SECTION 7.02 ON OR BEFORE JULY 30, 1986; PROVIDING THAT IF A MAJORITY OF THE VOTERS APPROVE THE PROPOSED AMENDMENT THEN IT SHALL BECOME AN AMENDMENT TO THE CHARTER OF THE CITY OF TAMARAC UPON CERTIFICATION AND ACCEPTANCE OF THE ELECTION RESULTS; PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; PROVIDING FOR CODIFI- CATION; PROVIDING FOR THE APPROPRIATE CITY OFFICIALS TO ENSURE PLACEMENT`ON THE BALLOT; A,ND P E F T DATE, WHEREAS, the City Council has considered the following amendment to Section 7.02 of the City Charter and has held a public hearing on the subject. NOW, THEREFORE, BE IT ORDAINED BY THE CITY'COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECT19N 1: That the following proposed amendment is to be presented to the electorate of the City of Tamarac at the November 4, 1986 election and if the proposed amendment is approved by a majority of the electorate at said -election the approved proposed amendment shall become an amendment to the City Charter upon certification and acceptance of the election results by the City Council: P ED C TE AM D T: An amendment to Charter Section 7.02 providing that the City Manager of the City of Tamarac shall have until July 30th of each year to submit to the Council a budget for the ensuing fiscal year together with a message as required by Section 7.02 of the City Charter. -1- EXHIBIT "A" TO ORDINANCE 0-86.443 1 2 3 4 13 14 15 16 17 is •.a 21 22 23 24 25 26 27 28 29 30 �1 33 34 Introduced by CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-86- 3 3 Temp. Ord. 41266 Rev. 5/28/86 Rev. 6/11/86 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 WHEREAS, the electorate of the City has 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: -1- I Temp. Ord. #1622 Rev. 5/28/86 2 CODE EffORCEMENT BOULD Rev. 6/11/86 3 1. CREATION OF BOARD. 4 There is hereby created a Board to be known as the 5 Tamarac Code Enforcement Board. 6 2, INTENT, 7 It is the intent of this chapter to promote, i protect, and improve the health, safety, and 9 welfare of the Citizens of Tamarac by creating a 1D Code Enforcement Board, so as to provide an equit- u able, expeditious, effective, and inexpensive 12 method of enforcing the City's Code of Ordinances, 13 having no criminal penalty, where a pending or 14 repeated violation continues to exist, including 15 but not limited to, occupational license, fire, 16 building, zoning and sign codes. 37 3. DEFINITIONS. 1S 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 21 terms are placed clearly indicates or requires a 22 different meaning: 33 « _ ": The City of Tamarac Code Enforcement 14 Board. "City": The City of Tamarac, Florida. 26 "City Attorney": The City Attorney of the City of 37 Tamarac, Florida. 28 "Code_Insnector_": Any authorized agent or employee of 29 the City whose duty it is to assure 30 code compliance. �1 "Tamorac City C2"• Hereinafter referred to as and/or "OR.DINANCES"= which words may 33 be used interchangeably, shall mean 34 the Ordinances of the City of Tamarac? Florida. statg! State of Florida. ` r 40 F I -2- 1 2 3 4 5 6 10 11 12 13 14 15 16 17 1B 34 wyiolat w 4. Temp. Ord. 41266 Rev. 5/28/86 Rev. 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. " ME 1 Temp. Ord. #1266 Rev. 5/28/86 2 Rev, 6/11/86 (2) Any general contractor or 3 subcontractor appointed shall possess a valid 4 certificate of competency and occupational license, 5 recognized and accepted under the laws of the state 5 and the ordinances of the City regulating the 7 business of contracting or subcontracting and where a required, State of Florida registration as a 9 contractor or subcontractor; or shall possess 10 similar qualifications under the laws of other 11 states; or shall have actual experience deemed by 12 the Council to be equivalent to such certification. 13 (3) Any realtor shall be licensed 14 under the laws of the state which license a real 15 estate broker, as either a broker or a salesperson; a5 or shall possess similar qualifications under the 17 laws of other states; or shall have actual 18 experience deemed by the Council to be equivalent 3 to said licensing. The realtor shall also hold a current and valid occupational license. 21 (4) Any business person shall be 22 actively engaged in any lawful business within the 23 City, and shall hold a current and valid occupa- 26 tional license issued by the City; or shall have actual experience deemed by the Council to be 26 equivalent to such certification. 27 (5) Each member of the Board shall 26 be a resident of the City. 29 (C) In order that the terms of office of all . 30 � regular members of the Board will not expire at the 1 same time, the initial appointments to the Board Q shall be as follows: 33 (1) Two members shall be appointed 34 for a term of one year. -4- of r 1 2 3 4 5 6 9 10 U 12 13 14 15 16 `27 18 21 22 23 24 _..25 26 27 28 29 30 �1 34 5. Temp. Ord. 11266 Rev. 5/28/86 Rev. 6/11/86 (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. -5- 1 2 3 4 5 6 7 6 9 20 11 12 23 14 15 16 17 is 21 22 23 24 - - 25 26 27 28 29 30 ;l 32 33 34 6. 7. 8. - 9. 10. Temp. Ord. #1266 Rev. 5/28/86 Rev, 6/11/86 QUORUM. Four or more members of the Board shall constitute a quorum. 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. 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. 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. 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. -6- go 11. 12. Temp. Ord. #1266 Rev. 5/28/86 Rev. 6/11/86 CODE INSPECTORS AND DUTIES. (A) It shall be the duty of Code Inspectors to initiate enforcement proceedings befrT 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 Ordinazn..- and/or Code is found, the Code Inspector shall nc. `v the alleged violator of the violation and givE a1'ec7.1 violator a reasonable time to correct the vic=aticn. Should the violation continue beyond the tiuL 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. 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 get 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. -7- ft 1 2 3 4 5 6 7 c 9 20 31 ZZ 13 14 15 16 17 18 21 22 23 24 25 26 27 28 29 30 .41 Q 33 34 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 $250.00 per day for each day that the violation continues past the date set for compliance. QAM I1 1 2 3 4 5 . 6 B 9 30 11 12 13 14 15 16 37 18 21 22 23 24 - 25 26 27 28 29 30 31 34 Temp. Ord. #1266 Rev. 5/28/86 Rev. 6/11/86 (B) A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land upon which the violation exists, or if the violator does not own the land, upon any other real or personal property owned by the violator; and it may be enforced in the same manner as a court judgment by sheriffs of the state, including levy against the personal property, but shall not be deemed otherwise to be a judgment of a court except for enforcement purposes. After six months from the filing of any such lien which remains unpaid, the Board may authorize the City Attorney to foreclose on the lien. No lien created pursuant to the provisions of this Ordinance may be foreclosed on real property which is a homestead under Section 4, Article X of the Florida Constitution. 14. CONDUCT OF HEARINGS TO IMPOSE FINES. (A) when the Board sets a violation for a hearing to impose fine, the Clerk of the Board shall set a time and date for the hearing to impose fine and notify the alleged violator and Code Prosecutor. The violator shall be given at least seven days' written notification of the hearing to impose fine. (B) The City shall present to the Board an affi- davit of noncompliance setting forth that an inspection has occurred and that the order issued at the hearing has not been complied with or that the same violation has been repeated by the same violator. (C) The City Official shall remain available so as to respond to inquiries from the Board. (D) The violator shall have an opportunity to explain why compliance has not occurred, or why the _g_ 1 2 3 4 5 5 7 B 9 10 11 22 13 14 is 16 17 1$ B+ 21 22 23 24 _ 25 26 27 28 29 30 11 92 33 34 15. Temp #1266 Rev. 5/28/86 Rev. 6/11/86 violation has been repeated, or to rebut the affidavit of noncompliance presented by the City, and shall have the right to be represented by an Attorney. (E) At the conclusion of the hearing to impose fine, the Board shall decide whether compliance has occurred within that time period set forth in a prior Board order, or whether the same violation has been repeated by the same violator, and shall issue an appropriate order. FINAL ORDERS. (A) Every enforcement order of the Board shall be final subject to the right of the aggrieved party, including without limitation the City or the violator, to appeal a ruling or order of the Board to the Circuit Court of Florida in and for Broward County. An appeal shall be filed within 30 days of the execution of the order to be appealed. (B) Every enforcement order of the Board shall have the force of law, shall be in writing, shall include findings of fact and conclusions of law, and shall indicate the vote upon the order. (C) Every enforcement order shall be prepared by the Clerk, signed by the Chairperson, or in his absence, the Vice -Chairperson, and shall be filed in the office of the City Clerk. A copy of the signed order shall be sent by certified mail, return receipt requested, to the violator. (D) The Board shall, in every proceeding, reach a decision without unreasonable or unnecessary delay. (E) All City employees shall take action as necessary in accordance with a decision of the Board. 511M 1 1� 40, 4"Y11 21 22 23 24 .25 26 27 28 29 30 U Temp. Ord. #1266 Rev. 5/28/86 Rev. 6/11/86 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 tut?,-__ 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. -11- 1 2 3 4 5 6 7 8 9 10 11 u 13 14 15 16 17 18 21 F14 23 24 26 27 26 29 34 33 34 Temp. Ord.#1266 Rev. 5/28/86 Rev, 6/11/86 SECTION 2: 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 --I: 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. SECTION 5: That this Ordinance shall become effective immediately upon its final reading. PASSED FIRST READING this f/10 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 ATTORNEY 15052986/p f hp�eby certify that this document Is a true and correct copy of _, �•wCP, i;ie o, iL,:n,)a of which is on file in City Hall. WiTHESS M`( HAND AND OFFICIAL SEAL OF THE CITY QF TAMARAC, FLORIDA. This _,2�_ day of , 19 X6. C TY CLERK f.Ar RECORD OF COUNCIL VOTE MAYOR: HART DIST. 1: C/W MASSARO DIST. 2: C/M STELZER DIST. 3: C/M GOTTESMA DIST. 4: V/M STEIN - 4A0J ez-e-1 0_4 A -12- 2 3 4 M 8 9 10 11 12 13 14 ORD. #1274 ARE YOU IN FAVOR OF THIS AMENDMENT? YES NO If this proposed amendment is approved, the words that are <struck through> will indicate the deletions and the underscored --words will indicate the new language. Section 7.02. SUBMISSION OF BUDGET AND MESSAGE. The manager shall on or before July <1>.Q of each year submit to the council a budget for the ensuing fiscal year, together with a message, which shall outline proposed financial policies; describe important features of the budget; explain any major changes from the current year in financial policies, expenditures and revenues; summarize the city's current and overall financial and debt position and include such other material as he deems desirable, and as the council or Charter may require. SECTION 2: Should any section or provision of this ordinance or any portion hereof 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 a whole or any part hereof other than the part declared to be invalid. SECTION 1: Specific authority is hereby granted to codify this ordinance. S-F-CTIQR4: That the appropriate City Officials are authorized to take whatever actions are necessary to ensure that these matters are placed on the November 4, 1986 ballot. -2- 1 2 3 4 5 8 9 10 11 12 13 14 15 16 22 23 24 25 26 27 28 29 30 2 33 34 ORD. #1274 SECTION__5: This ordinance shall become effective immediately upon adoption and passage. PASSED FIRST READING this day of _, 1986. PASSED SECOND READING this day of 1986. i� BERNARD A MAYOR ATTEST: MA ILYN BERTHOL/-- CITY CLERK I HEREBY CERTIFY that I have approved the form and correct- ness of this ORDINANCE. A. BRVhNT AP A CI j ATTORNE -3- RECORD -OF COUNCIL VOTE MAYOR: HART . 2.e.# e DIST. I: G/W MASSARO IV 7— DIST. 2: VIM STEI?ER DIST. 3: C/M GOTTESMAN DIST. 4: d/M STEIN dal+ZP 7414�� 21�jlk6