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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1999-019July 14, 1999 - Temp. Ord. # 1852 1 Revision No. 1 —July 28, 1999 -4 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-99- a AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; REVISING THE CODE OF THE CITY OF TAMARAC, CHAPTER 2, "ADMINISTRATION", ARTICLE III, "BOARDS, COMMITTEES, COMMISSIONS", DIVISION 2, "CODE ENFORCEMENT BOARD", SECTION 2- 71, "INTENT" TO INCLUDE A SPECIAL MASTER; SECTION 2-73, "CREATION" TO INCLUDE A SPECIAL MASTER; CREATING SECTION 2-73.01, "DEFINITIONS", PROVIDING FOR APPLICABLE DEFINITIONS; CREATING SECTION 2- 73.02, "ESTABLISHING A SPECIAL MASTER", PROVIDING FOR A SPECIAL MASTER'S QUALIFICATIONS AND APPOINTMENT; CREATING SECTION 2-73.03, "SUPPORT STAFF", PROVIDING FOR SUPPORT STAFF FOR A SPECIAL MASTER; CREATING SECTION 2-73.04, "CODE PROSECUTOR DUTIES", PROVIDING FOR PROSECUTOR OF CITY CODE VIOLATIONS; CREATING SECTION 2-73.05, "CODE INSPECTORS AND DUTIES", PROVIDING FOR THE DUTIES OF CITY CODE INSPECTORS; CREATING SECTION 2-73.06, "CONDUCTING HEARINGS", PROVIDING FOR THE PROCEDURE OF A CODE VIOLATION HEARING; CREATING SECTION 2-73.07, "ESTABLISHING FINE AND LIEN", PROVIDING FOR THE PROCEDURE FOR FINES AND LIENS; CREATING SECTION 2-73.08, "SUPPLEMENTARY PROVISIONS", PROVIDING FOR ADDITIONAL, CURRENT OR SUBSEQUENT REMEDIES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 162.03(2) of the Florida Statutes provides the authorization for a municipality to adopt a code enforcement system which gives Code Enforcement Boards CODING: Words in stF ek three g type are deletions from existing law; Words in underscored type are additions. July 14, 1999 - Temp. Ord. # 1852 2 Revision No. 1 — July 28, 1999 or Special Masters designated by the local governing body, or both, the authority to hold hearings and assess fines against violators of the municipal Codes and Ordinances; and WHEREAS, the City of Tamarac has not yet implemented the Special Master as an alternative to the Code Enforcement Board, although authorized to do so; and WHEREAS, the City of Tamarac intends to supplement the existing Code Enforcement Provision of Chapter 2, Article III, Sections 2-71 through 2-75 of the City of Tamarac Code to include provisions for a Special Master; and WHEREAS, the Director of Community Development and the Housing and Code Enforcement Manager recommend approval; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac to provide for the option of a Special Master as an alternate to a Code Enforcement Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of the Ordinance upon adoption hereof. CODING: Words in stFusk thmw94 type are deletions from existing law; Words in underscored type are additions. July 14, 1999 - Temp. Ord. # 1852 3 Revision No. 1 — July 28, 1999 SECTION 2: That Section 2-71, entitled "Intent", is revised as follows: Sec. 2-71. Intent. It is the intention of this article to promote, protect, and improve the health, safety and welfare of the citizens and residents of the City by authorizing the creation of an administrative board and a Special Master, both with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing the Code and Ordinances in force in the City where a pending or repeated violation continues to exist. SECTION 3: That Section 2-73, entitled "Creation", is revised as follows: Sec.2-73. Creation. There is created a board to be known as the Tamarac Code Enforcement Board, and a Special Master to be known as the Tamarac Special Master. SECTION 4: That Section 2-73.01, entitled "Definitions", is created as follows: Sec.2-73.01 DEFINITIONS For the purpose of this chapter, the following_ definitions shall apply unless the context clearly indicates or requires a different_ meaning_ City. "CITY" The City of Tamarac Florida. "CITY ATTORNEY" The City Attorney of the Cily or designee. "CITY COMMISSION" The legislative body of the City. "CITY OF TAMARAC ODE" Hereinafter referred to as 'CODE' or 'ORDINANCE', which may be used interchangeably, to mean the Ordinances of the "CODE ENFORCEMENT OFFICER / INSPECTOR" Any authorized agent or CODING: Words in StFUGli thFOUgli type are deletions from existing law; Words in underscored type are additions. July 14, 1999 - Temp. Ord. # 1852 4 Revision No. 1 —July 28, 1999 employee of the City whose duty it is to assure Code compliance. "CODE ENFORCEMENT BOARD" A local government code enforcement board to hear code enforcement violation cases. "NOTICES" _Notices shall be provided as set forth in Fla. Statute. Ch. 162, as currently enacted or as may be amended from time to time. "OWNER" The person or persons reflected as_the property owner in the most recently certified real property ad valorem tax rolls of the coun . "REPEAT VIOLATION" A violation of a provision of a Code or Ordinance by a Berson whom the Code Enforcement Board or Special Master has previously found to have violated the same provision within five years prior to the violation. "SPECIAL MASTER" The City Special Master appointed by the City Commission to hear code enforcement violation cases. "VIOLATOR" The person responsible for the Ordinance or Code violation which, in the appropriate circum stances, shall be the perpetrator of the violation. the owner of the real property or pgrsonal progerty, or Rerson legally res onsible for the roe upon which the violation occurred, or both. SECTION 5: That Section 2-73.02, entitled "Establishing a Special Master", is created as follows: Sec. 2-73.02 ESTABLISHING A SPECIAL MASTER (a) The qualifications and appointment of the Special Master shall be as follows_ (1) The Special Master shall be appointed by the City Commission and shall serve with compensation as_ established_ by the City Commission upon appointment. (2) The Special Master must be both an attorney and a_ member of the Florida Bar for a minimum of five years. CODING: Words in siFusli thFougli type are deletions from existing law; Words in underscored type are additions. July 14, 1999 - Temp. Ord. # 1852 5 Revision No. 1 -- July 28, 1999 f j The Special Master will be bound by the Code of Ethics of the Florida Bar as currently proscribed or as amended from time to time. U The rules_ and regulations as found in Fla. Statute, Ch. „1,62, as currently enacted or as may be amended from time to time, shall e adopted herein by reference. Additional rules and regulations, consistent with the provisions of Fla. Statute Ch. 162, necessa to car out the provisions of this chapter may -be ado ted by resolution of the City Commission. SECTION 6: That Section 2-73.03, entitled "Support Staff', is created as follows: Sec. 2-73.03 SUPPORT STAFF Laj The City Manager shall appoint a City employee to be„the Clerk, who shall perform the functions assigned to the Clerk as set forth in this chapter: Lb1 For the purpose of administering this cha ter the Special Master may call upon the City Manager to furnish any other Cily em to ees as may be necessa to assist the Special Master in performing his functions and duties under this chapter. SECTION 7: That Section 2-73.04, entitled "Code Prosecutor Duties", is created as follows: Sec. 2-73.04 CODE PROSECUTOR DUTIES JM The City Attorney shall represent the interests of the City and act as Code Prosecutor when the violator is re resented by counsel. When violator is not represented _ by counsel, the Housing & Code Enforcement Manager or designee, shall act as Code Prosecutor. The Code Prosecutor shall have professional discretion, including but not limited to the right to negotiate a plea_with the violator, and present that plea to the Special Master for approval, to recommend the disl2osition of a case to the Special Master, and to decline to prosecute a case. similar to the discretion exercised by the State Attornev in criminal cases. SECTION 8: That Section 2-73.05, entitled "Code Inspectors and Duties", CODING: Words in rAFU& tlaFeaOI�V type are deletions from existing law; Words in underscored type are additions. July 14, 1999 - Temp. Ord. # 1852 6 Revision No. 1 — July 28, 1999 is created as follows: Sec. 2-73.05 CODE INSPECTORS AND DUTIES La) The Code Inspectors have the prima,ry _duty_ to enforce the various Ordinances and Codes and initiate enforcement proceedings before the „Special Master. The Special Master shall not have the power to initiate such enforcement proceedings. U If a violation of a Code or Ordinance is found, the Code Inspector shall give written notification to the alleged violator of the violation in accordance with Fla. Statute Ch. 162, as currently enacted or as amended from time to time. and give the alleged violator a reasonable time, in light of the nature of the violation. to correct the violation. Should the violation continue beyond the time specified for correction or if the violation was corrected and recurs or if the violation is a repeat violation, the Code Inspector shall ask the Clerk ,,,, to set a hearing and to notify the alleged violator of the hearing_ SECTION 9: That Section 2-73.06, entitled "Conducting Hearings", is created as follows: Sec. 2-73.06 CONDUCTING HEARINGS Lal The Clerk for the Special Master shall set a time and „date for the hearing and notify the alleged violator and the Code Prosecutor. The violator shall be given at least seven working days' written notification of the hearing. The conduct of the hearing shall be consistent with Fla. Statute Ch. 162. as currently enacted or as amended from time to time. ,(b� In the event the Special Master believes that a violation presents a serious threat to the 12ublic health,_ safety, and welfare, the Special Master may direct the City Attorney to seek appropriate injunctive relief in the name of the Cjty_from _the Courts. U Hearsay evidence may be _accepted for the purpose of supplementing or explaining any direct evidence, but hearsay evidence shall not, in and of itself, be considered sufficient to support a finding or decision unless the evidence would be admissible over � � _ �. „ , ,... , r objections in a civil action. The alleged violator shall have the right to be represented by an attorney: CODING: Words in type are deletions from existing law; Words in underscored type are additions. July 14, 1999 - Temp. Ord. # 1852 7 Revision No. 1 — July 28, 1999 however, the alleged violator or their attorney shahp rovide the City with written notice that _— . an attorney is representingtheviolator's olator's interest at least five working days prior to the scheduled date of the hearing. Ue All testimony before the Special Master shall be under oath and shall be recorded. The alleged violator or the City may cause the proceedings to be recorded by a certified court reporter or other certified recording instrument: however the Cily shall be under no obligation to provide a certified court reporter or other certified recording �� „y., use a , recording satisfy instrument, but rather, the City may recordinqdevice of its choice to its, obligation to record the meeting. 12f The burden of proof shall be with the Code Inspector to show by the greater weight of the evidence that a Code violation exists and that the alleged violator committed _ or was responsible for maintaining the violation.„ , & If. written notice has been provided to an alleged violator of the hearing, a hearing may be conducted and an order rendered in the absence of the violator. u The Special_Master may for good cause shown, postpone or continue a hearing SECTION 10 That Section 2-73.07, entitled "Establishing Fine and Lien", is created as follows: Sec. 2-73.07 ESTABLISHING FINE AND LIEN u The establishment of a fine and lien shall be consistent with and pursuant to the provisions of Fla. Statute Ch. 162, as currently enacted or as amended from time to time. � _. , , ,..., „ , „., ._..._ .... (b) A certified copy of an order imposing a fine „may , be recorded in the gubfic record 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. It may be enforced in the same manner as a court judgment by_„the sheriffs of the state including levy against the gersonal propeay, but shall not be deemed otherwise to be a 'ud ment of a court exce t for enforcement puraoses.As authorized by law, the Special Master may authorize the City Attorney to foreclose on duly recorded liens that CODING: Words in stFurvii thmwgli type are deletions from existing law; Words in underscored type are additions. July 14, 1999 - Temp. Ord. # 1852 8 Revision No. 1 — July 28, 1999 have remained unpaid. Property subject to a lien established by the Special Master may be foreclosed by the City in a manner provided by state law for the foreclosure of mortgages on real Uroperty, or, in the alternative foreclosure proceedings may be instituted and prosecuted under the grovision of Fla. Statute Ch. 173 as currently enacted or as amended from time to time or gayment thereof enforced otherwise as authorized b law. Uc Upon appr02riate__payme_nt_ of any lien, the Special Master or the City Attorney -shall be authorized to execute and deliver a full satisfaction of the lien to the violator, or his or her representative, for their recording. SECTION 11: That Section 2-73.08, entitled "Supplementary Provisions", is created as follows: Sec. 2-73.08 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 municil2al Ordinances. SECTION 12: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to "Section," "Article" or such other word or phrase in order to accomplish such intention. SECTION 13: All Ordinances or parts of Ordinances, and all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 14: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions CODING: Words in stFuek thFougli type are deletions from existing law; Words in underscored type are additions. 1 1 1 July 14, 1999 - Temp. Ord. # 1852 9 Revision No. 1 —July 28, 1999 or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 15: This Ordinance shall become effective immediately upon its passage and adoption. VPASSED, FIRST READING this day of 199q 9' PASSED, SECOND READING thisoo"'-day of , 199q ATTEST: 0,1.�/ CAROL GOL MC/AAE CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as tofQrm.' MITCHELL S. KR#F CITY ATTORNIV u Apats\userdata\wpdata\ord\1852ord a 70�10E SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: v M MISHKIN DIST 3: ow SULTANQF DIST 4' COMM. pOel _ CODING: Words in type are deletions from existing law; Words in underscored type are additions.