HomeMy WebLinkAboutCity of Tamarac Ordinance O-2007-009Temp. Ord. #2135
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2007-Q!3_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA; AMENDING CHAPTER 2
OF THE CITY OF TAMARAC CODE OF ORDINANCES,
ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE
III, ENTITLED "BOARDS, COMMITTEES, COMMISSIONS";
SPECIFICALLY AMENDING DIVISION 2, ENTITLED
"CODE ENFORCEMENT BOARD" BY CREATING
SECTION 2-76 TO BE ENTITLED "ABATEMENT
PROCEDURES"; PROVIDING THE CITY'S SPECIAL
MAGISTRATE WITH THE AUTHORITY TO CONSIDERALL
ABATEMENT REQUESTS FOR FINES IMPOSED BY THE
SPECIAL MAGISTRATE OR THE CITY'S CODE
ENFORCEMENT BOARD; PROVIDING FOR PERIODIC
HEARINGS AT WHICH TIME ALL ABATEMENT
REQUESTS ARE TO BE HEARD BY THE SPECIAL
MAGISTRATE; PROVIDING CRITERIA THAT MUST_ BE
SATISFIED IN ORDER FOR THE SPECIAL MAGISTRATE
TO CONSIDER AN ABATEMENT REQUEST; PROVIDING
FOR CODIFICATION; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac (hereinafter referred to as the "City"), pursuant
to Chapter 2, Article III, Division 2 of the City's Code of Ordinances, employs a special
magistrate and code enforcement board to consider violations of the City's Code; and
WHEREAS, respondents who have been cited by the special magistrate or code
enforcement board and who have had financial penalties imposed upon their property
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Words in underscore type are additions
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are afforded the opportunity to request an abatement hearing at which point the special
magistrate or code enforcement board may consider reducing or eliminating these fines;
and
WHEREAS, the City Commission, in an effort to ensure an equitable and efficient
abatement procedure, desires to amend the process by which the City considers
requests for abatement of fines imposed as a result of Code violations; and
WHEREAS, the City Commission has determined that it is appropriate for
abatement requests to be heard by a trained legal authority and specifically desires to
have all abatement hearings considered by the special magistrate; and
WHEREAS, the City Commission further desires to streamline the abatement
process by having periodic abatement hearings at which point the special magistrate
will consider all abatement requests.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Ordinance upon adoption hereof.
SECTION 2: The City Commission of the City of Tamarac hereby amends
Chapter 2, entitled "Administration," of the City of Tamarac Code of Ordinances by
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Words in underscore type are additions
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amending Article III, entitled "Boards, Commissions and Committees"; by creating
Section 2-76, to be entitled "Abatement Procedures", as follows:
Sec. 2-76 Abatement Procedures
(a) A respondent who has incurred financial penalties pursuant to this
Article as a result of violations of the City's Code of Ordinances may
request an abatement of the fines imposed. All abatement requests shall
be heard by the special magistrate at an abatement hearing.
b Abatement hearings shall be scheduled periodically based on the
volume of the requests, at the discretion of the City's Director of Code
Com liance or his or her designee, but shall be held no less frequent
than quarterly_
c The following criteria must be satisfied prior to an abatement hearing
before the special madstrate:
1) The property in question must be in total compliance and an
affidavit of compliance must be issued for the case for which the
abatement is being requested. No other violations may exist on
the property at the time of the abatement request;
2) The subject property must be free of all other outstanding debts
due to the city, including taxes:
3) The`respbndent must pay an application fee. The amount of the
application fee shall be established by the City Commission by
resolution and may be amended from time to time.
d) The special maaistrate at an abatement hearina shall make one of
the following determinations: The lien shall_ be waived in full, reduced to a
specified amount or shall be upheld in full. The _special magistrate shall
hear all the facts regarding the specific code or codes the respondent
was in violation of, _including but not limited to the date of the original
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hearing, the date the affidavit of noncompliance was issued, the date the
affidavit of compliance was issued, the current lien amount and all
pertinent information relating to the specific case, prior to making its
determination and order.
SECTION 3: It is the intention of the City Commission of the City of Tamarac
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, re -lettered and the word "Ordinance" may be changed to
"Section," "Article" or such other word or phrase in order to accomplish such intention.
SECTION 4: All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 5: If any provision of this Ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions
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 to be severable.
SECTION 6: This Ordinance shall become effective immediately upon adoption.
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Words in underscore type are additions
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PASSED, FIRST READING this l (fh DAY OF pr l l , 2007.
PASSED, SECOND READING this A54h DAY OF nri l , 2007.
ATTEST:
MARION SWE SON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
S MUEL S. GOREN
CITY ATTORNEY
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1L�`]:i6tld�r/
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6W "�.
BY:
MAYOR BETH TAL BISCO
RECORD OF COMMISSION VOTE: 1st.Reading
MAYOR FLANSBAUM-TALABISCO
DIST 1:
COMM. PORTNER
DIST 2:
COMM. ATKINS-GRAD _
DIST 3:
V/M SULTANOF
DIST 4:
COMM. DRESSLER
RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR FLANSBAUM-TALABISCO Aqe
DIST 1: COMM. PORTNER �G
DIST 2: COMM. ATKINS-GRAD 6�e_
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER
Words in Stdke vvgh type are deletions from the existing law;
Words in underscore type are additions
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