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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-278Temp. Reso. #10194 Page 1 July 22, 2003 Revision #1 11/6/03 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R2003-278 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPOINTING ONE REGULAR MEMBER TO THE CODE ENFORCEMENT BOARD TO COMPLETE AN UNEXPIRED TERM ENDING JUNE 25, 2006; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission is desirous of appointing one regular member to the Code Enforcement Board to complete an unexpired term ending June 25, 2006; and WHEREAS, in accordance with Section 162.05, F.S. (attached hereto as Exhibit A) members of the Code Enforcement Board shall be appointed by the City Commission to serve for three-year terms; and WHEREAS, the City Commission incorporates into the Tamarac Code F.S. 162.05, (attached hereto as Exhibit B); and WHEREAS, the Building and Code Compliance Director and City Manager recommend approval; and WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best interest of the citizens and residents of the City of Tamarac to appoint one regular member to the Code Enforcement Board to complete an unexpired term ending June 25, 2006. Temp. Reso. #10194 Page 2 July 22, 2003 Revision #1 11/6/03 NOW, THEREFORE, BE IT RESOLVED 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 this Resolution. SECTION 2: That pursuant to Section 162,05, F.S., the following person is hereby appointed as a regular member of the Code Enforcement Board to complete an unexpired three-year term ending June 25, 2006, or until such time as reappointments are made: Steve M. Buck SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 u Temp. Reso. #10194 Page 3 July 22, 2003 Revision #1 11/6/03 SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 15tr' day of December 2003. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. CITY A kFT Y JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: COMM. PORTNER NAY DIST 2: COMM. FLANSBAUM-TALABISCO AYE DIST 3: COMM. SULTANOF AYE DIST 4: VIM ROBERTS AYE F: Ch.162 COUNTY OR MUNICIPAL CODE ENFORCEMENT F.S. 2002 CHAPTER 109 COUNTY OR MUNICIPAL CODE ENFORCEMENT PART 1 LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (ss. 162.01.162.13) PART 11 SUPPLEMENTAL COUNTY OR MUNICIPAL CODE OR ORDINANCE ENFORCEMENT PROCEDURES (as.162.21-162.23) PART I -board under this chapter. References in this chapter to an enforcement board, except in s. 162.05, shall LOCAL GOVERNMENT CODE include a special master if the context permits. ENFORCEMENT BOARDS History.--ss. 1, 2, ch. a0-300; S. 3, ch. 82.37: a. P. ch. 86201: s. 1, ch. 87-120; s. 2, ch. 89-208; a. 2, Ch. W360. Note. --Former a. 166.063. 162.01 Short title. 162.02 Intent. 162.03 Applicability. 162.04 Definitions. 162.05 Local government code enforcement boards; organization. 162.06 Enforcement procedure. 162.07 Conduct of hearing. 162.08 Powers of enforcement boards. 162.09 Administrative fines; costs of repair; lions. 162.10 Duration of lien. 162.11 Appeals. 162.12 Notices. 162.125 Actions for money judgments under.`this, chapter; limitation, 162.13 Provisions of act supplemental. 162.01 Short title. -Sections 162.01-162.13 may be cited as the "Local Government Code Enforcement Boards Act." IMeWry.-11. 1, ch. W 300. s 72, ch. 61.259r, s_ 1. ch_ 82-37. NuAa.-Farmer a. 166.051. 162.02 Intent. -It is the intent of this part to pro- . mote, protect,. and improve the health, safety, and wel- fare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an eg6ita- ble, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in coun- ties and municipalities, where a pending or repeated violation continues to exist. HhtaM—& 1. ch. 80.300; s. 2. ch. 82-37; S. 1. Ch. 85-150: a. 1. ch, 88.201; s. 1. Ch. 88-26& Note. -Former s. 166,052. 162.03 Applicability.- (1) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided herein. (2) A charter county, a noncharter county, or a municipality may, by ordinance, adopt an alternate code enforcement system which gives code enforce- ment boards or special masters designated by the local governing body, or both, the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances. A special master shall have the same status as an enforcement 162.04 Definitions. -As used in as. 162.01-162.13, the term: (1) "Local governing body" means the goveming body of the county or municipality, however desig- nated. (2) "Code inspector" means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance. (3) "Local governing body attorney" means the legal counselor for the county or municipality. (4) "Enforcement board" means a local govem- ment code enforcement board. (5) "Repeat violation" means a violation of a provi- sion of a code or ordinance by a person who has been previously found through a code enforcement board or any other quasi-judicial or judicial process, to have vio- lated or who has admitted violating the same provision within 5 years prior to the violation, notwithstanding the violations occur at different locations. Flk+torq.--a, 1, ch. Bo-300; a, 4, ch. 82.37; t 10, ch. 63.216; S. 3, ch. W201: a. 3. ch, aa2a6; s. 3, ch, 83.360; S. 22, ch, 2001-ft Now-Formar s.,18&034. 162.06 'Local" "government code enforcement boards; organization.- (1) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body of a county or a municipality that has a population of less than 5,000 persons may appoint five -member or seven -member code enforcement boards. The local goveming body of a county or a municipality that has a populatIon equal to or greater than 5,000 persons must appoint seven -member code enforcement boards. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members. (2) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. Appointments shall be made in accordance with applicable law and ordinances on the basis of experience or interest in the subject matter jurisdiction of the respective code enforcement board, in the sole discretion of the local governing body. The membership of each enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. 1470 EXHIBIT A -- TR10194 . F.S. 2002 COUNTY OR MUNICIPAL LODE ENFOR EMENT Ch.162 (3)(a) The initial appointments to a seven -member code enforcement board shall be as follows: 1, Two members appointed for a term of 1 year each. 2. Three members appointed for a term of 2 years each. 3. Two members appointed for term of 3 years each. (b) The initial appointments to a five -member code enforcement board shall be as follows: 1. One member appointed .for a term of 1 year. 2. Two members appointed for a term of 2 years each. 3. Two members appointed for a term of 3 years each. Thereafter, any appointment shall be made for a term of 3 years. (c) The local governing body of a county or a municipality that has a population of less than 5,000 persons may reduce a seven -member code enforce- ment board to five members upon the simultaneous expiration of the terms of office of two members of the board. (d), A member may be reappointed..upon approval Of the local governing body. . (e) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office, If any member fails to attend two, of three successive meetings without cause and without prior approval of the chair, the enforcement board shall declare the members office vacant, and the local governing body shall promptly fill such vacancy. The members shall serve in accordance with ordinances of the local governing body and may be .suspended and removed for cause as provided in such ordinances for removal of members of boards. (4) The members of an enforcement board shall elect a .chair, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven -member enforcement board, and the presence of three or more members shall constitute a quorum of any five -member enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as are otherwise provided by law. (5) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but In no case shall the local governing body attorney serve in both capacities. H1fAwY---4. 1, ch. 30Q a. S, ch. 82-37: s. 4. Ch. 86.201; s. 2, Ch_ 87-129; s_ 4. Ch. 89-268; s. 1, Ch. 04.291; i. 1441, ch. W147. Note.—Famor s: 166.055. 162.06 Enforcement procedure_ (1) It shall be the duty of the code inspector to ini- tiate enforcement proceedings of the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings, (2) Except as provided in subsections (3) and (4),, if a violation of the codes is found, the code Inspector shall notify the;violator and give him or her a reason- able time to correct the violation. Should the violation continue beyond the time specified for correction,, the code.inspector shall notify an enforcement board and request'al hearing. The code enforcement board, through its clerical staff, shall schedule a hearing,, and written notice of such hearing shall be hand delivered or mailed as provided in s. 162.12 to said violator. At the option of the code enforcement board, .notice may additionally be served by publication or posting as pro- vided in s. 162.12. If the Violation is corrected and then recurs or if the violation is not corrected by the time specified for correction. by the code inspector, the case may be presented, to the enforcement board even 0 the violation has been corrected prior to the board hearing, and'the notice shall so state: (3) If a repeat violation Is found, the code inspector shall notify the violator. but is not required to.glye the violator a reasonable time to coolation. The rgept vi code inspector, upon notifying the vlolator of a repeat Violation, shall notify an enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing and shag.provide notice pursuant to s. 162.12. The case may be presented to the enforcement. board even it the repeat violation has been corrected prior to the board hearing, and the notice shall so state: if the repeat vio- lation has been corrected, the code enforcement hoard retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforce- ment fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing ,lind.pay said cotts'as determined by the code enforce- mentboerd. "I, ` (4) If the code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation Is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may Immediately notify the enforcement board and request a hearing. (5) If the owner of property which is subject to an enforcement proceeding before an enforcement board, special master, or court transfers ownership of such property between the time the initial pleading was served and the time of the hearing; such owner, shall: (a) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee. (b) Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor. to) Disclose, in writing, to the prospective trans- feree that the new owner will be responsible for compli- ance with the applicable code and with orders Issued in the code enforcement proceeding- (d) File a notice with .the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer. A failure to make the disclosures described in para- graphs (a), (b), and (c) before the transfer creates a 1471 Page 1 of 1 Sec. 2-72. Adoption of alternate code enforcement system. The city, by this division, hereby adopts an alternative code enforcement system which shall provide the Tamarac Code Enforcement Board or Special Masters designated by the city commission of the city, the authority to hold hearings and assess fines against violators of the city codes and ordinances, pursuant to Chapter 89-268, Laws of Florida (1989), presently codified under Chapter 162, Florida Statutes, at Sections 162.01 through 162.13, the "Local Government Code Enforcement Boards Act," as the same may be amended. The city further adopts the alternate code enforcement system set forth in Part II of Chapter 162, "Supplemental County or Municipal Code or Ordinance Procedures," presently codified at Sections 162.21, as the some may be amended. All of said Chapter 162 is adopted and incorporated herein as if it were set out at length. (Ord. No. 91-20, § 4, 5-22-91) EXHIBIT B - TRIO194