HomeMy WebLinkAboutCity of Tamarac Ordinance O-2008-015Temp Ord. No. 2165
October 7, 2008
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2008-�j
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AMENDING CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE CITY OF TAMARAC, ENTITLED
"ADMINISTRATION", BY SPECIFICALLY AMENDING SECTION 2-
73.08, ENTITLED "SUPPLEMENTAL PROVISIONS"; PROVIDING
FOR ALTERNATIVE CODE ENFORCEMENT PROCEDURES
PURSUANT TO CHAPTER 162, FLORIDA STATUTES, AS
AMENDED FROM TIME TO TIME; PROVIDING FOR PURPOSE
AND INTENT; CLARIFYING THE POWERS OF A SPECIAL
MAGISTRATE; PROVIDING FOR THE COLLECTION AND
RECOVERY OF CIVIL PENALTIES; PROVIDING FOR AN
APPELLATE PROCESS; PROVIDING FOR PERIODIC REVIEW;
ELIMINATING SECTION 2-74; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac (hereinafter referred to
as the "City"), in an effort to codify and revise the City's long-standing procedure of
enforcing the City's Code of Ordinances, seeks to amend Chapter 2 of the City's Code of
Ordinances, entitled "Administration", by specifically amending Section 2-73.08 entitled
"Supplemental Provisions", to provide for alternative code enforcement procedures; and
WHEREAS, the City Commission desires to incorporate into the City Code and
implement into City practice the relevant provisions of Chapter 162, Florida Statutes, as
amended from time to time, and as referenced herein; and
WHEREAS, the City Commission specifically desires to provide the special
magistrate with the authority to impose immediate fines or liens for violations of certain
provisions of the City Code; and
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Temp Ord. No. 2165
October 7, 2008
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WHEREAS, it is not the intention of City Commission, through this ordinance, to
conflict with the authority of the Code Enforcement Board, but rather to formally embrace
the City's long-standing alternative code enforcement procedure; and
WHEREAS, the City Commission finds that providing the special magistrate with
the authority to impose such fines and liens, in accordance with Chapter 162, F.S., is in
the best interests of the citizens and residents of the City.
NOW, THEREFORE, BE IT OR BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AS FOLLOWS:
SECTION 1. The foregoing recitals 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, Section 2-73.08 of the City of Tamarac Code of Ordinances, entitled
"Supplemental Provisions," as follows:
Sec. 2-73.08. Alternative Code Enforcement Procedures.
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.
(A) Special magistrates are hereby authorized to conduct administrative
hearings, as required, for designated citations issued_ by code
enforcement officers.
(B) The City hereby adopts alternate code enforcement procedures
pursuant to section 162.03, 162.21 and 162.23, Florida Statutes, as
amended from time to time, that provide authority t de i y o co enforcement
officers to issue citations and notices to appear at a hearing conducted
by a county_ court judge, and for code enforcement officers to issue
citations for administrative hearings to be heard by designated special
magistrates authorized to assess fines against violators of the
respective codes and ordinances within the City of Tamarac.
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October 7, 2008
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IC) Citations
1 Code enforcement officers and police officers shall have
the authority to initiate enforcement proceedings by issuing
citations that may require an appearance of the violator at an
administrative hearing before a special ma istrate.
(2) A code enforcement officer who finds a violation of a Code
section, pursuant to Section 2-73, shall have the authority to
serve a notice of violation to the violator or property owner. Prior
to issuing a citation the code enforcement officer shall) provide a
written notice to the person in violation or the property owners
that the person has committed a violation of a code or ordinance
and establish a reasonable period of time for the erson to
correct the violation. Such time period shall be no more than 30
calendar days. If, upon personal investi ation the code
enforcement officer _finds that the person has not corrected the
violation within the designated time period, the code enforcement
officer may issue a citation to the person who has committed the
violation or the -property owner where the violation has occurred.
3 The code enforcement officer is not re uired to provide
the alleged violator with a reasonable period of time to correct
the violation prior to issLfigg the citation if a repeat violation is
found or if the code enforcement officer has reason to believe
that the violation pLesents a serious threat to the public health
safety or welfare or that the violator is engaged in violations of a
itinerant or transient nature or if the violation if irreparable or
irreversible. A repeat violation is a violation of a provision of
code or ordinance by a person who has been previougly found in
violation by a code enforcement board or any otherquasi-
judicial or iudicial process, to have violated or who has admitted
violating the _same provision within 5 Years prior to the violation,
notwithstanding the violations occur at different locations.
4 The citation form shall include but not be limited to the
following:
a Date and time of issuance
(b) Name of the code enforcement officer and
jurisdiction;
(c) Name and address of the violator;
d Code section that has been violated:
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(e) Brief description of the nature of the violation,
including location, date and time of violation;
(fl Amount of the applicable civil penalty
Procedure of the person to follow to pay the civil
penalty, or to contest the citation;
(h_) Notice that if the person fails to pay the civil penalty
within the time allowed, and fails to appear in court(if
assigned to County Court),or fails to reguest an
administrative hearing within ten (10) calendar days of
service (if case assigned to Special Magistrate), the
person shall be deemed to have waived their rights to
contest the citation and that, in such case, judgment may
be entered up to the maximum civil penalty; and
(i) Notice that the person may be liable for reasonable
costs of the hearing should the violator be found guilty of
the violation.
(D) Citation issued to appear before a Special Magistrate:
(1) The person who has been served with a citation to appear
before a s ecial ma istrate shall either correct the violation and
oav the civil oenalty in the manner indicated on the citation: or
(2) Request an administrative hearing before a special
magistrate to -appeal the decision of the code enforcement
officer. Said appeal shall be filed not later than ten (10) calendar
days after the service of the citation.
(3) Failure of the violator to appeal the decision of the code
enforcement officer within the ten (10) calendar_ days shall
constitute a waiver of the violator's right to an administrative
hearing. A waiver of the right to an administrative hearing may
result in the imposition of a fine which may result in a lien on the
property where the violation occurred.
(E) The following table sets forth the code violation for _which _civil
penalties may be cited under this Section. The descriptions of violations
are provided for purposes of general identification only. Where specific
code provisions apply, the same are indicated following the respective
violation description. Amendments affecting the numbering of the
referenced sections shall not affect the validity of the fines.
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Code
Violation
Section
list
Violation
Repeat
Violation
SFBR
Barriers
5-148
$250.00
$500.00
RV
Boats, R/V & Trailers
14-30
$150.00
$300.00
CV
Commercial Vehicles
14-30
$250.00
$500.00
GFTI
Graffiti Maintenance
13-5
$250.00
$500.00
DV
Derelict Vehicle
13-32
$150.00
$300.00
XXX
Lot Clearing
9-58
$250.00
$500.00
XXX
Maintenance Of Property
XXX
$250.00
$500.00
XXX
Nuisance Household
XXX
$250.00
$500.00
XXX
Nuisance Landscape
XXX
$250,00
$500.00
XXX
Nuisances
XXX
$250.00
$500.00
TRSH
Refuse &
Debris
9-58
$250.00
$500.00
SIGN
Sign
Prohibited
18-25
$250.00 1
$500.00
`For all other violations, not specified, the fine
schedule for the first violation shall be $250.00
500.00 for the repeat violation.
F Collection and recove of civil penalties.
1 The City Manager, or his or her designee, shall
provide the appropriate guidelines and procedures for the
administration collection record keeping, reporting and
accountability of fines assessed under this article.
2 The City may institute proceedings in @ court of
competent urisdiction to compel payment of civil
penalties.
3) If the special magistrate finds that a violation exists
and assesses the fine or if the violator does not contest
the citation as provided under this article and the -violator
fails to pay the applicable fine, the special magistrate may
enter an order imposing the fines previously set. A
certified copy of the order imposingimpogLng a civil penalty may be
recorded in the public records and thereafter shall
constitute a lien against the real or Dersonal larooertv of
the violator.
4 U on Petition to the circuit courtsuch order may be
enforced in the same manner as a court 'ud ment by the
sheriffs of this state including a levy against ersonal
property, but not be deemed to be a court 'ud ment
except for enforcement purposes. After three 3 months
from the filing of any such lien remains unpaid, the Cit
may foreclose or otherwise execute on the lien.
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No lien created pursuant to the provisions of this section
may be foreclosed on real property that is homestead
under Section 4, Article X ofthe State Constitution.
on.
(G) Appeals
(1) A party may seek a rehearing of the case by filing a
written motion for rehearing within ten (10) calendar days
of rendition of the decision by the special magistrate. The
motion for rehearing shall set forth issues which were
overlooked or omitted at the hearing but shall not consist
of re -argument of the case. The motion shall be filed with
the Special Magistrate Clerk, Code Enforcement Division,
City of Tamarac. The party filing the motion is responsible
for forwarding a copy of the motion to the other party. The
Special_ Magistrate Clerk shall immediately forward the
motion for rehearing to the special magistrate and within
10 days of receipt of the motion, the special magistrate
may enter an order on the motion for rehearina or
schedule a hearing on the motion. If the motion for
rehearing is granted, the case shall be set for rehearing as
soon as possible thereafter.
(2) A party may appeal a decision of a special magistrate
by certiorari to the Seventeenth Judicial Circuit within
thirty (30) days of the date of the rendition of the decision
of the special magistrate as provided by the Florida Rules
of Appellate Procedure.
(H) The process_ and procedures set forth in this section shall
be reviewed by the Director of Community Development, or his
or her designee, as soon as practicable after six months of
implementation.
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SECTION 3. Codification. It is the intention of the City Commission of the City of
Tamarac, that the provisions of this Ordinance shall become and made a part of the
Charter 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
other word or phrase in order to accomplish such intention.
SECTION 4. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or
parts thereof in conflict herewith, be and the same are hereby repealed to the extent of
such conflict.
SECTION 5. Severability. Should any section, provision, paragraph, sentence,
clause of word of this Ordinance or portion hereof be held or declared by any court of
competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be
considered as eliminated and shall not affect the validity of the remaining portions or
applications of this Ordinance.
SECTION 6. Effective Date. This Ordinance shall become effective immediately.
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October 7, 2008
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PASSED FIRST READING this Itkdayof
2008.
,
PASSED, SECOND READING this V day of , 2008.
BY:
BETH FLANSBAUM — TALABISCO
MAYOR
ATTEST:
.,-. RECORD OF COMMISSION VOTE. 1st Reading
MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCO
CITY CLERK DIST 1: COMM. PORTNER L -�
DIST 2: COMM. ATKINS-G L•91-�-J
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLE
1 HEREBY CERTIFY that
I have approved this
ORDINANCE as to form. RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM PORTNER�"
DIST 2: COMM. ATKINS-GRA
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLE
AMUEL S. GOREN
CITY ATTORNEY
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