HomeMy WebLinkAboutCity of Tamarac Ordinance O-1999-019July 14, 1999 - Temp. Ord. # 1852 1
Revision No. 1 —July 28, 1999
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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
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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.
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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
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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.
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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",
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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:
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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
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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
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Words in underscored type are additions.
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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
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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 _
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Words in underscored type are additions.