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hereby repealed to the extent of such conflict.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