HomeMy WebLinkAboutChapter 265: Code Enforcement Board137A LDR Codification May 1990
§265. 01 CODE ENFORCEMENT BOARD §265. 01
CHAPTER 265
CODE ENFORCEMENT BOARD
Sec . 265 . 01 Code Enforcement Board Created; Compo-
sition; Terms; Removal; Organization.
A. There is hereby created a Code Enforcement Board
of the City of Cape Canaveral , Florida , which shall
consist of seven ( 7 ) members , and a first and second
alternate member, appointed by the Cape Canaveral City
Council . All members and alternate members shall have
been residents of the City twelve (12 ) months immediate-
ly preceding appointment and shall serve without compen-
sation.
B . The membership of the Code Enforcement Board
shall be made on the basis of experience or interest in
the fields of zoning and building control and shall,
whenever possible, include:
(1) An architect ( 5 ) A subcontractor
( 2 ) A businessman ( 6 ) A realtor
( 3 ) An engineer ( 7 ) A citizen-at-large
( 4 ) A general contractor
C . The initial appointments to the Code Enforcement
Board shall be as follows; two ( 2 ) members shall be
appointed for a term of one year ; three ( 3 ) members
shall be appointed for a term of two years ; two ( 2 )
members shall be appointed for a term of three years.
Thereafter , each term shall be for a period of
three ( 3 ) years . A member may be reappointed for
successive terms by the Cape Canaveral City Council.
Appointments to fill any vacancy on the Code Enforce-
ment Board shall be for the remainder of the unexpired
term of office. It is hereby understood that appoint-
ments to fill vacancies on the Code Enforcement Board
shall coincide as much as practicable with the intent
to fill a category that is represented as defined in
Section 265.01(B) and consequently, alternate members
may be passed over for regular membership.
Page Revised 15 NOV 88
§265. 01 CODE ENFORCEMENT BOARD §265. 02 137 l3"
D . If any member of the Code Enforcement Board fails
to attend two ( 2) of three ( 3 ) successive meetings with-
out cause and without prior approval of the Chairman,
the Board shall declare the member' s office vacant , and
the Cape Canaveral City Council shall promptly fill
such vacancy.
E . Members of the Code Enforcement Board may be re-
moved as provided in the City of Cape Canaveral Code of
Ordinances .
F . At the first meeting of the Code Enforcement
Board, the members thereof shall elect a Chairman and a
Vice-Chairman from among the Board members. The pre-
sence of four ( 4 ) or more members shall constitute a
quorum of the Code Enforcement Board necessary to take
action.
G . The Board shall establish a schedule for regular
meetings at such intervals as the Board may determine ,
and regular meetings may be cancelled by the Chairman
if there are no cases or necessary business to come
before the Board. Special meetings of the Board may be
convened by the Chairman , or Vice-Chairman in the ab-
sence of the Chairman , upon giving notice thereof to
each other member of the Board . The notice of a
special meeting shall be given at least twenty-four
( 24) hours prior thereto.
H. Minutes shall be maintained of all meetings and
hearings held by the Code Enforcement Board; and all
meetings , hearings and proceedings shall be open to the
public.
I . The City Council shall provide clerical and admin-
istrative support to the Code Enforcement Board as may
be reasonably required by the Board for the proper
performance of its duties . [Ord . No . 22-83 , §1 , 1 Nov
83 ; Ord . No . 1-85 , §1 , 19 Feb 85 , Ord. No. 24-87, §1,
1 Sep 87(Ord. No. 16-88, 15 NOV 88)
Sec. 265.02 Legal Counsel to Board.
A. The City Attorney shall be counsel to the Code
Enforcement Board.
CHAPTER REVISED
CHAPTER REVISED 1 SEP 87
137C §265.02 CODE ENFORCEMENT BOARD §265.06
B . The Cape Canaveral Building Official or any "Code
Inspector" as defined in Sec . 265 . 06 of this Chapter
shall represent the City by presenting cases before the
Code Enforcement Board. [Ord. No. 22-83, §1 , 1 Nov 83 ;
Ord. No. 24-87, §1, 1 Sep 87]
Sec. 265.03 Presentation of Cases .
In no event may the City Attorney or a member of his
staff serve as both legal counsel to the Board and also
present cases before said Board. [Ord. No. 22-83 , §1,
1 Nov 83; Ord. No. 24-87, §1 , 1 Sep 87]
Sec. 265.05 Jurisdiction.
A. The Code Enforcement Board shall have the juris-
diction to hear and decide alleged violations of the
technical codes in force in the City of Cape Canaveral,
including but not limited to , occupational license ,
fire, building, zoning and sign codes .
B . The jurisdiction of the Code Enforcement Board
shall not be exclusive . Any alleged violation of any
of the aforesaid codes and ordinances may be pursued by
appropriate remedy in court at the option of the admin-
istrative official whose responsibility it is to en-
force that respective code or ordinance . [ Ord . No .
22-83 , §1, 1 Nov 83 ; Ord. No. 24-87, §1, 1 Sep 87]
Sec. 265.06 Enforcement Procedure.
A. For the purpose of this Chapter, "Code Inspector"
means any authorized agent or employee of the City of
Cape Canaveral whose duty it is to insure compliance
with the codes and ordinances of the City.
B . It shall be the duty of the Code Inspector to
initiate enforcement proceedings of the various codes
and ordinances . No member of the Code Enforcement
Board shall have the power to initiate such enforcement
proceedings.
C . Except as provided in subsection (D) below, if a
violation of the codes or ordinances is found , the Code
Inspector shall first notify the violator and give
him/her a reasonable time to correct the violation .
CHAPTER REVISED 1 SEP 87
§265. 06 CODE ENFORCEMENT BOARD §265.07 137
Should the violation continue beyond the time specified
for correction , the Code Inspector shall notify the
Code Enforcement Board and request a 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
Section 265 . 13 of this chapter to said violator . At
the option of the Code Enforcement Board , notice may
additionally be served by publication or posting as
provided in Section 265 . 13 of this Chapter . If the
violation is corrected and then reoccurs or if the
violation is not corrected by the time specified for
correction by the Code Inspector , the case may be
presented to the Code Enforcement Board even if the
violation has been corrected prior to the Board hear-
ing, and the notice shall so state.
D . If the Code Inspector has reason to believe a
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 Code Enforce-
ment Board and request a hearing. [Ord. No. 22-83, §1,
1 Nov 83; Ord. No. 24-87, §1 , 1 Sep 87]
Sec. 265. 07 Conduct of Hearing.
A. The chairman of the Code Enforcement Board may
call hearings of the Board, and hearings may be called
by the written notice signed by at least three ( 3 ) mem-
bers of the Board . The Board, at any hearing , may set
a future hearing date.
B . Upon scheduling of a hearing , the Board shall
cause notice thereof to be furnished to the alleged
violator in accordance with Section 265 . 13 of this
chapter . Said notice of hearing shall contain the date ,
time and place of the hearing and shall state the
nature of the violation and reference to the approp-
riate code or ordinance.
C . At the hearing, the burden of proof shall be upon
the Code Inspector to show, by a preponderance of the
evidence, that a violation does exist.
CHAPTER REVISED 1 SEP 87
137E §265. 07 CODE ENFORCEMENT BOARD §265.07
D . Assuming proper notice of the hearing has been
provided to the alleged violator as provided in sub-
section ( B) above, a hearing may proceed in the absence
of the alleged violator.
E . All testimony shall be under oath and shall be
recorded. The Board shall take testimony from the Code
Inspector and alleged violator and from such other wit-
nesses as may be called by the respective sides.
F . Formal rules of evidence shall not apply, but
fundamental due process shall be observed and govern
said proceedings .
G . Irrelevant , immaterial or unduly repetitious
evidence shall be excluded, but all other evidence of a
type commonly relied upon by reasonably prudent persons
in the conduct of their affairs shall be admissible ,
whether or not such evidence would be admissible in a
trial in the courts of the State of Florida.
H . Any member of the Board , or any attorney
appointed to represent the Board , may inquire of any
witness before the Board. The alleged violator, or his
attorney , and the attorney representing the Code
Inspector shall be permitted to inquire of any witness
before the Board and shall be permitted to present
brief opening and closing statements .
I . At the conclusion of the hearing , the Code
Enforcement Board shall issue findings of fact , based
on evidence in record, and conclusions of law and shall
issue an order affording the proper relief consistent
with the powers granted by the Florida Statute and by
this Chapter . The order shall be stated orally at the
meeting and shall be reduced to writing and mailed to
the alleged violator within ten ( 10 ) days after the
hearing . The finding shall be by motion approved by a
majority of those present and voting; provided , how-
ever , that at least four ( 4 ) members of the Board must
vote in order for the action to be official . The order
may include a notice that it must be complied with by a
specified date and that a fine may be imposed if the
order is not complied with by said date . [Ord . No .
22-83 , §1, 1 Nov 83 ; Ord. No. 24-87, §1 , 1 Sep 87]
CHAPTER REVISED 1 SEP 87
§265.09 CODE ENFORCEMENT BOARD §265.10 137F
Sec. 265. 09 Powers of the Code Enforcement Board.
The Code Enforcement Board shall have the power to:
A. Adopt rules for the conduct of its hearings .
B . Subpoena alleged violators and witnesses to
its hearings.
C . Subpoena records , surveys , plats and other
documentary evidence , which subpoenas shall be
served by the City' s law enforcement officials .
D. Take testimony under oath.
E . Issue orders having the force and effect of
law , commanding whatever steps are necessary to
bring a violation into compliance.
F . Establish and levy fines pursuant to Section
265 .10 . [Ord. No. 22-83, §1, 1 Nov 83 ; Ord . No . 24-87 ,
§1, 1 Sep 87]
Sec . 265 . 10 Administrative Fines and Liens
( Penalties ) .
A. The Code Enforcement Board, upon notification by
the Code Inspector that a previous order of the Board
has not been complied with by the set time, may order
the violator to pay a fine not to exceed two hundred
fifty dollars ( $250 . 00) for each day the violation con-
tinues past the date set by the Board ' s order for com-
pliance.
B . In determining the amount of the fine , if any,
the Code Enforcement Board shall consider the
following factors:
1. The gravity of the violation;
2 . Any actions taken by the violator to correct
the violation; and
3 . Any previous violations committed by the
violator.
CHAPTER REVISED 1 SEP 87
137G §265 .10 CODE ENFORCEMENT BOARD §265.12
C . A certified copy of an order imposing a fine may
be recorded in the Public Records of Brevard County,
Florida , and thereafter shall constitute a lien against
the land on which the violation exists , or if the
violator does not own the land, upon any other real or
personal property owned by the violator and may be
enforced in the same manner as a court judgment by the
Sheriffs of the State of Florida , including levy
against the personal property, but shall not be deemed
otherwise to be a judgment of a court except for
enforcement purposes . After one year from the filing
of any such lien which remains unpaid, the Code Enforce-
ment Board may authorize the City Attorney to foreclose
on the lien . No lien created pursuant to the pro-
visions of this chapter may be foreclosed on real
property which is a homestead under Sec . 4 , Art . X of
the State Constitution.
D . No lien provided by this Chapter shall continue
for a longer period than five ( 5 ) years after the
certified copy of an order imposing a fine has been
recorded, unless with that time an action to foreclose
on the lien is commenced in a court of competent juris-
diction . The continuation of the lien effected by the
commencement of the action shall not be good against
creditors or subsequent purchasers for valuable con-
sideration without notice , unless a notice of lis
pendens is recorded . [ Ord . No . 22-83 , §1 , 1 Nov 83 ;
Ord. No. 24-87, §1, 1 Sep 87]
Sec. 265.12 Appeal .
A. An aggrieved party, including the City Council of
the City of Cape Canaveral, Florida, may appeal a final
administrative order of the Code Enforcement Board to
the Circuit Court. Any such appeal shall be filed with-
in thirty ( 30) days of the execution of the order to be
appealed.
B . The scope of review shall be limited to the
record made before the Code Enforcement Board and shall
not be a trial de novo.
C . The Code Enforcement Board shall, by rule, estab-
lish reasonable charges for the preparation of the
record to be paid by the appealing party . [Ord . No .
22-83, §1, 1 Nov 83 ; Ord. No. 24-87, §1, 1 Sep 87]
CHAPTER REVISED 1 SEP 87
§265.13 CODE ENFORCEMENT BOARD §265.13 137H
Sec. 265.13 Notices .
A . All notices required by this Chapter shall be
provided to the alleged violator by certified mail ,
return receipt requested , or when mail would not be
effective, by hand delivery by the Code Inspector , or
by leaving the notice at the violator' s usual place of
residence with some person of his family above 15 years
of age and informing such person of the contents of the
notice.
B . In addition to providing notice as set forth in
subsection (A) , at the option of the Code Enforcement
Board , notice may also be served by publication as
follows:
1 . Such notice shall be published once during
each week for 4 consecutive weeks (four publications
being sufficient) in a newspaper of general circulat-
ion in Brevard County . The newspaper shall meet
such requirements as are prescribed under Chapter
50, Florida Statutes , for legal and official adver-
tisements .
2 . Proof of publication shall be made as provided
in Florida Statutes, Sections 50 .041 and 50 .051.
C . Notice by publication may run concurrently with,
or may follow, an attempt or attempts to provide notice
by hand delivery or by mail as required under sub-
section (A) .
Evidence that an attempt has been made to hand
deliver or mail notice as provided in subsection (A) ,
together with proof of publication as provided in sub-
section ( B) , shall be sufficient to show that the
notice requirements of this chapter have been met, with-
out regard to whether or not the alleged violator
actually received such notice . [Ord . No. 22-83 , §1, 1
Nov 83; Ord. No. 24-87, §1, 1 Sep 87]
CHAPTER REVISED
1 SEP 87
[illegible text]
Codified Nov 88 ORDINANCE NO. 16-88
AN ORDINANCE AMENDING CHAPTER 265 ,
CODE ENFORCEMENT BOARD , OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE
CANAVERAL , BREVARD COUNTY, FLORIDA ;
AMENDING SECTION 265 . 01 , BOARD
MEMBERS ' TERMS OF OFFICE; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH ; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1 . Section 265 .01, Code Enforcement Board Created;
Composition ; Terms ; Removal ; Organization , Paragraph (C ) , is
hereby deleted in its entirety and replaced with the following:
C. The initial appointments to the Code Enforcement
Board shall be as follows : two ( 2 ) members shall be
appointed for a term of one year ; three ( 3 ) members
shall be appointed for a term of two years ; two ( 2 )
members shall be appointed for a term of three ( 3 )
years .
Thereafter , each term shall be for a period of three
( 3 ) years . A member may be reappointed for successive
terms by the Cape Canaveral City Council. Appointments
to fill any vacancy on the Code Enforcement Board shall
be for the remainder of the unexpired term of office.
It is hereby understood that appointments to fill vac-
ancies on the Code Enforcement Board shall coincide as
much as practicable with the intent to fill a category
that is represented as defined in Section 265.01(B) and
consequently, alternate members may be passed over for
regular membership.
SECTION 2 . All portions of the Code in conflict herewith
are hereby repealed.
SECTION 3 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 15th day of November , 1988.
[signature]
Mayor
ATTEST:
First Reading: 11-1-88
Posted: 11-2-8 8
[signature] Advertised: 11-3-88
City Clerk Second Reading: 11-15-88
Approved as to Form:
NAME YES NO
[signature] HOOG X
City Attorney KIDD X
LEE X
MILLER X
RANDELS X
City Clerk
Certified Nov 88 _i_L/
ORDINANCE NO. 24-87
AN ORDINANCE AMENDING CHAPTER 265, CODE
ENFORCEMENT BOARD, OF THE CODE OF ORDINANCES
OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, BY REPEALING THE CHAPTER IN
ITS ENTIRETY; BY ADOPTING A NEW CHAPTER;
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN EFFECITVE
DATE.
WHEREAS, the legislature of the State of Florida has
authorized alternative notice requirements for Code Enforcement
Boards and established procedures which provide greater
flexibility in delaing with repeat offenders;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Brevard County, Florida, as follows:
SECTION 1 . Chapter 265, Code Enforcement Board, of the Code
of Ordinances of the City of Cape Canaveral, Florida, is hereby
repealed in its entirety and replaced with the following:
CHAPTER 265
CODE ENFORCEMENT BOARD
Sec. 265. 01 Code Enforcement Board Created;
Composition; Terms; Removal; Organization.
A. There is hereby created a Code Enforcement Board
of the City of Cape Canaveral, Florida, which shall
consist of seven ( 7 ) members, and a first and second
alternate member, appointed by the Cape Canaveral City
Council. All members and alternate members shall have
been residents of the City twelve (12 ) months
immediately preceding appointment and shall serve
without compensation.
B. The membership of the Code Enforcement Board
shall be made on the basis of experience or interest in
the fields of zoning and building control and shall,
whenever possible, include:
( 1 ) An architect ( 5 ) A subcontractor
( 2 ) A businessman ( 6 ) A realtor
( 3 ) An engineer ( 7 ) A citizen-at-large
( 4 ) A general contractor
C. The initial appointments to the Code Enforcement
Board shall be as follows; two (2 ) members shall be
appointed for a term of one year; three ( 3 ) members
shall be appointed for a term of two years; two ( 2 )
members shall be appointed for a term of three years.
Thereafter, each term shall be for a period of
three ( 3 ) years. A member may be reappointed fir one
successive term by the Cape Canaveral City Council.
`Appointments to fill any vacancy on the Code
Enforcement Board shall be for the remainder of the
unexpired term of office. It is hereby understood that
appointments to fill vacancies on the Code Enforcement
Board shall coincide as much as practicable with the
ORDINANCE NO. 24-87
PAGE 1 OF 6
intent to fill a category that is represented as
defined in Section 265.01(B) and consequently,
alternate members may be passed over for regular
membership.
D. If any member of the Code Enforcement Board fails
to attend two ( 2 ) of three ( 3 ) successive meetings
without cause and without prior approval of the
Chairman, the Board shall declare the member 's office
vacant, and the Cape Canaveral City Council shall
promptly fill such vacancy.
E. Members of the Code Enforcement Board may be
removed as provided in the City of Cape Canaveral Code
of Ordinances.
F. At the first meeting of the Code Enforcement
Board, the members thereof shall elect a Chairman and a
Vice-Chairman from among the Board members. The
presence of four ( 4 ) or more members shall constitute a
quorum of the Code Enforcement Board necessary to take
action.
G. The Board shall establish a schedule for regular
meetings at such intervals as the Board may determine,
and regular meetings may be cancelled by the Chairman
if there are no cases or necessary business to come
before the Board. Special meetings of the Board may be
convened by the Chairman, or Vice-Chairman in the
absence of the Chairman, upon giving notice thereof to
each other member of the Board. The notice of a
special meeting shall be given at least twenty-four
( 24 ) hours prior thereto.
H. Minutes shall be maintained of all meetings and
hearings held by the Code Enforcement Board; and all
meetings, hearings and proceedings shall be open to the
public.
I. The City Council shall provide clerical and
administrative support to the Code Enforcement Board as
may be reasonably required by the Board for the proper
performance of its duties.
Sec. 265. 02 Legal Counsel to Board.
A. The City Attorney shall be counsel to the Code
Enforcement Board.
B. The Cape Canaveral Building Official or any "Code
Inspector" as defined in Sec. 265.06 of this Chapter
shall represent the City by presenting cases before the
Code Enforcement Board.
Sec. 265. 03 Presentation of Cases.
In no event may the City Attorney or a member of his
staff serve as both legal counsel to the Board and also
present cases before said Board.
Sec. 265. 05 Jurisdiction.
A. The Code Enforcement Board shall have the
jurisdiction to hear and decide alleged violations of
the technical codes in force in the City of Cape
Canaveral , including but not limited to, occupational
license, fire, building, zoning and sign codes.
ORDINANCE NO. 24-87
PAGE, 2 OF 6
B. The jurisdiction of the Code Enforcement Board
shall not be exclusive. Any alleged violation of any
of the aforesaid codes and ordinances may be pursued by
appropriate remedy in court at the option of the
administrative official whose responsibility it is to
enforce that respective code or ordinance.
Sec. 265. 06 Enforcement Procedure.
A. For the purpose of this Chapter, "Code Inspector"
means any authorized agent or employee of the City of
Cape Canaveral whose duty it is to insure compliance
with the codes and ordinances of the City.
B. It shall be the duty of the Code Inspector to
initiate enforcement proceedings of the various codes
and ordinances. No member of the Code Enforcement
Board shall have the power to initiate such enforcement
proceedings.
C. Except as provided in subsection (D) below, if a
violation of the codes or ordinances is found, the Code
Inspector shall first notify the violator and give
him/her a reasonable time to correct the violation.
Should the violation continue beyond the time specified
for correction, the Code Inspector shall notify the
Code Enforcement Board and request a 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
Section 265. 13 of this chapter to said violator. At
the option of the Code Enforcement Board, notice may
additionally be served by publication or posting as
provided in Section 265. 13 of this Chapter. 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 Code Enforcement Board even if the
violation has been corrected prior to the Board
hearing, and the notice shall so state.
D. If the Code Inspector has reason to believe a
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 Code
Enforcement Board and request a hearing.
Sec. 265. 07 Conduct of Hearing.
A. The chairman of the Code Enforcement Board may
call hearings of the Board, and hearings may also be
called by the written notice signed by at least three
( 3 ) members of the Board. The Board, at any hearing,
may set a future hearing date.
B. Upon scheduling of a hearing, the Board shall
cause notice thereof to be furnished to the alleged
violator in accordance with Section 265. 13 of this
chapter. Said notice of hearing shall contain the date,
time and place of the hearing and shall state the
nature of the violation and reference to the
appropriate code or ordinance.
C. At the hearing, the burden of proof shall be upon
the Code Inspector to show, by a preponderance of the
evidence, that a violation does exist.
ORDINANCE NO. 24-87
PAGE 3 OF 6
D. Assuming proper notice of the hearing has been
provided to the alleged violator as provided in
subsection (B) above, a hearing may proceed in the
absence of the alleged violator.
E. All testimony shall be under oath and shall be
recorded. The Board shall take testimony from the Code
Inspector and alleged violator and from such other
witnesses as may be called by the respective sides.
F. Formal rules of evidence shall not apply, but
fundamental due process shall be observed and govern
said proceedings.
G. Irrelevant, immaterial or unduly repetitious
evidence shall be excluded, but all other evidence of a
type commonly relied upon by reasonably prudent persons
in the conduct of their affairs shall be admissible,
whether or not such evidence would be admissible in a
trial in the courts of the State of Florida.
H. Any member of the Board, or any attorney
appointed to represent the Board, may inquire of any
witness before the Board. The alleged violator, or his
attorney, and the attorney representing the Code
Inspector shall be permitted to inquire of any witness
before the Board and shall be permitted to present
brief opening and closing statements.
I. At the conclusion of the hearing, the Code
Enforcement Board shall issue findings of fact, based
on evidence in record, and conclusions of law and shall
issue an order affording the proper relief consistent
with the powers granted by the Florida Statute and by
this Chapter. The order shall be stated orally at the
meeting and shall be reduced to writing and mailed to
the alleged violator within ten (10 ) days after the
hearing. The finding shall be by motion approved by a
majority of those present and voting; provided,
however, that at least four ( 4 ) members of the Board
must vote in order for the action to be official. The
order may include a notice that it must be complied
with by a specified date and that a fine may be imposed
if the order is not complied with by said date.
Sec. 265. 09 Powers of the Code Enforcement Board.
The Code Enforcement Board shall have the power to:
A. Adopt rules for the conduct of its hearings.
B. Subpoena alleged violators and witnesses to
its hearings.
C. Subpoena records, surveys, plats and other
documentary evidence, which subpoenas shall be
served by the City' s law enforcement officials.
D. Take testimony under oath.
E. Issue orders having the force and effect of
law, commanding whatever steps are necessary to
bring a violation into compliance.
F. Establish and levy fines pursuant to Section
265. 10.
ORDINANCE NO. 24-87
PAGF 4 OF 6
Sec. 265. 10 Administrative Fines and Liens
(Penalties ) .
A. The Code Enforcement Board, upon notification by
the Code Inspector that a previous order of the Board
has not been complied with by the set time, may order
the violator to pay a fine not to exceed two hundred
fifty dollars ($250. 00) for each day the violation
continues past the date set by the Board' s order for
compliance.
B. In determining the amount of the fine, if any,
the Code Enforcement Board shall consider the following
factors:
1. The gravity of the violation;
2 . Any actions taken by the violator to
correct the violation; and
3 . Any previous violations committed by the
violator.
C. A certified copy of an order imposing a fine may
be recorded in the Public Records of Brevard County,
Florida, and thereafter shall constitute a lien against
the land on which the violation exists, or if the
violator does not own the land, upon any other real or
personal property owned by the violator and may be
enforced in the same manner as a court judgment by the
Sheriffs of the State of Florida, including levy
against the personal property, but shall not be deemed
otherwise to be a judgment of a court except for
enforcement purposes. After one year from the filing
of any such lien which remains unpaid, the Code
Enforcement Board may authorize the City Attorney to
foreclose on the lien. No lien created pursuant to the
provisions of this chapter may be foreclosed on real
property which is a homestead under Sec. 4, Art. X of
the State Constitution.
D. No lien provided by this Chapter shall continue
for a longer period than five ( 5) years after the
certified copy of an order imposing a fine has been
recorded, unless with that time an action to foreclose
on the lien is commenced in a court of competent
jurisdiction. The continuation of the lien effected by
the commencement of the action shall not be good
against creditors or subsequent purchasers for valuable
consideration without notice, unless a notice of lis
pendens is recorded.
Sec. 265. 12 Appeal.
A. An aggrieved party, including the City Council of
the City of Cape Canaveral, Florida, may appeal a final
administrative order of the Code Enforcement Board to
the Circuit Court. Any such appeal shall be filed
within thirty ( 30 ) days of the execution of the order
to be appealed.
B. The scope of review shall be limited to the
record made before the Code Enforcement Board and shall
not be a trial de novo.
C. The Code Enforcement Board shall, by rule,
establish reasonable charges for the preparation of the
record to be paid by the appealing party.
ORDINANCE NO. 24-87
PAGE 5 OF 6
Sec. 265. 13 Notices.
A. All notices required by this Chapter shall be
provided to the alleged violator by certified mail,
return receipt requested, or when mail would not be
effective, by hand delivery by the Code Inspector, or
by leaving the notice at the violator' s usual place of
residence with some person of his family above 15 years
of age and informing such person of the contents of the
notice.
B. In addition to providing notice as set forth in
subsection (A) , at the option of the Code Enforcement
Board, notice may also be served by publication as
follows:
1. Such notice shall be published once during
each week for 4 consecutive weeks ( four
publications being sufficient) in a newspaper of
general circulation in Brevard County. The
newspaper shall meet such requirements as are
prescribed under Chapter 50, Florida Statutes,
for legal and official advertisements.
2 . Proof of publication shall be made as
provided in Florida Statutes, Sections 50.041 and
50. 051.
C. Notice by publication may run concurrently with,
or may follow, an attempt or attempts to provide notice
by hand delivery or by mail as required under
subsection (A) .
Evidence that an attempt has been made to hand
deliver or mail notice as provided in subsection (A) ,
together with proof of publication as provided in
subsection (B) , shall be sufficient to show that the
notice requirements of this chapter have been met,
without regard to whether or not the alleged violator
actually received such notice.
SECTION 2 . All portions of the Code in conflict herewith
are hereby repealed.
SECTION 3 . This Ordinance shall become effective October 1,
1987.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 1st day of September , 1987.
[signature]
Mayor
ATTEST: First Reading 8-18-87
NAME YES NO Posted 8-19-87
[signature] HOOG X Advertised 8-22-87
City Clerk KIDD X Second Reading 9-01-87
LEE X
MARCHETTI X
Approved as to Form: MURPHY X
[signature]
City Attorney
ORDINANCE NO. 24-87
PAGE 6 OF 6
§ 265 . 01 CODE ENFORCEMENT BOARD § 265 .01
CHAPTER 265
CODE ENFORCEMENT BOARD
Sec . 265 . 01 Code Enforcement Board Created;
✓ Composition; Terms; Removal; Organization.
(A) There is hereby created a Code Enforcement
Board of the City of Cape Canaveral, Florida, which
shall consist of seven (7) members, and a first and
second alternate member, appointed by the Cape
Canaveral City Council. All members and alternate
members shall have been residents of the City twelve
(12) months immediately preceding appointment and shall
serve without compensation. [Ord. No. 22-83, §l, 1 Nov
83; Ord. No. 1-85, §l, 19 Feb 85]
✓ (B) The membership of the Code Enforcement Board
shall be made on the basis of experience or interest in
the fields of zoning and building control and shall,
whenever possible, include:
(1) An architect (5) A subcontractor
(2) A businessman (6) A realtor
(3) An engineer (7) A citizen-at-large
(4) A general contractor
(C) The initial appointments to the Code Enforcement
Board shall be as follows; two (2) members shall be
appointed for a term of one year; three (3) members shall
be appointed for a term of two years; two (2) members shall
be appointed for a term of three years .
Thereafter, each term shall be for a period of three
(3) years . A member may be reappointed for one successive term
by the Cape Canaveral City Council. Appointments to fill
any vacancy on the Code Enforcement Board shall be for the
remainder of the unexpired term of office . It is hereby
understood that appointments to fill vacancies on the Code
Enforcement Board shall coincide as much as practicable
with the intent to fill a category that is represented as
defined in Section 265 . 01 (B) and consequently, alternate
✓ members may be passed over for regular membership.
[Ord. No. 22-83, §l, 1 Nov 83; Ord. No. 1-85 , §1, 19 Feb 85]
(D) If any member of the Code Enforcement Board fails
to attend two (2) of three (3) successive meetings without
cause and without prior approval of the Chairman, the
Board shall declare the member ' s office vacant, and the
Cape Canaveral City Council shall promptly fill such
vacancy.
PAGE REVISED
§ 265 . 01 CODE ENFORCEMENT BOARD § 265 . 05
✓ (E) Members of the Code Enforcement Board may be removed
as provided in the City of Cape Canaveral Code of Ordinances,
✓ (F) At the first meeting of the Code Enforcement Board,
the members thereof shall elect a Chairman and a Vice-
Chairman from among the Board members . The presence of
four (4) or more members shall constitute a quorum of the
Code Enforcement Board necessary to take action.
✓ (G) The Board shall establish a schedule for regular
meetings at such intervals as the Board may determine, and
regular meetings may be cancelled by the Chairman if there
are no cases or necessary business to come before the Board.
Special meetings of the Board may be convened by the Chairma:&
or Vice-Chairman in the absence of the Chairman, upon giving
notice thereof to each other member of the Board. The noticE
of a special meeting shall be given at least twenty-four (24)
hours prior thereto.
✓ (H) Minutes shall be maintained of all meetings and
hearings held by the Code Enforcement Board, and all meetings
hearings and proceedings shall be open to the public .
(I) The City Council shall provide clerical and adminis-
trative support to the Code Enforcement Board as may be
reasonably required by the Board for the proper performance
of its duties . [Ord. No. 22-83 , § 1 , 1 Nov 83]
✓ Sec. 265 . 02 Legal Counsel to Board.
(A) The City Attorney shall be counsel to the Code
Enforcement Board.
(B) The Cape Canaveral Building Official or any "Code
Inspector" as defined in Sec . 265 . 06 of this Chapter shall
represent the City by presenting cases before the Code
Enforcement Board. [Ord. No. 22-83 , § 1 , 1 Nov 83]
✓ Sec. 265 . 03 Presentation of Cases .
In no event may the City Attorney or a member of his staf`=
serve as both legal counsel to the Board and also present
cases before said Board. [Ord. No. 22-83 , § 1 , 1 Nov 83]
✓ Sec. 265 . 05 Jurisdiction.
(A) The Code Enforcement Board shall have the juris-
diction to hear and decide alleged violations of the
technical codes in force in the City of Cape Canaveral,
§ 265.05 CODE ENFORCEMENT BOARD § 265.07
including but not limited to, occupational license, fire,
building, zoning and sign codes .
✓ (B) The jurisdiction of the Code Enforcement Board
shall not be exclusive. Any alleged violation of any of
the aforesaid codes and ordinances may be pursued by
appropriate remedy in court at the option of the adminis-
trative official whose responsibility it is to enforce
that respective code or ordinance. [Ord. No. 22-83 , §1,
1 Nov 83]
Sec. 265 . 06 Enforcement Procedure .
(A) For the purpose of this Chapter, "Code Inspector"
means any authorized agent or employee of the City of Cape
Canaveral whose duty it is to insure compliance with the
codes and ordinances of the City.
(B) It shall be the duty of the Code Inspector to
initiate enforcement proceedings of the various codes and
ordinances . No member of the Code Enforcement Board shall
have the power to initiate such enforcement proceedings.
(C) Except as provided in subsection (D) below, if a
violation of the codes or ordinaces is found, the Code
Inspector shall first notify the violator and give him/her
a reasonable time to correct the violation. Should the
violation continue beyond the time specified for correction,
the Code Inspector shall notify the Code Enforcement Board
and request a 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 Section 265.13 of this Chapter to said
violator . At the option .of the code enforcement board, notice
may additionally be served by publication or posting as
provided in Section 265.13 of this Chapter. 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 if the
violation has been corrected prior to the board hearing, and
the notice shall so state.
(D) If the Code Inspector has reason to believe a
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.
Sec. 265 . 07 Conduct of Hearing.
(A) The chairman of the Code Enforcement Board may call
hearings of the Board, and hearings may also be called by
written notice signed by at least three (3) members of the
Board. The Board, at any hearing, may set a future hearing
date .
(B) Upon scheduling of a hearing, the Board shall cause
notice thereof to be furnished to the alleged violator in
accordance with Section 265.13 of this Chapter.
Said notice of hearing shall contain the date,
time and place of the hearing and shall state the nature
of the violation and reference to the appropriate code or
ordinance .
(C) At the hearing, the burden of proof shall be upon
the Code Inspector to show, by a preponderance of the evidence
that a violation does exist.
(D) Assuming proper notice of the hearing has been
provided to the alleged violator as provided in subsection
(B) above , a hearing may proceed in the absence of the
alleged violator. F
(E) All testimony shall be under oath and shall be
recorded. The Board shall take testimony from the Code
Inspector and alleged violator and from such other witnesses
as may be called by the respective sides .
(F) Formal rules of evidence shall not apply, but
fundamental due process shall be observed and govern said
proceedings .
(G) Irrelevant, immaterial or unduly repetitious
evidence shall be excluded, but all other evidence of a
type commonly relied upon by reasonably prudent persons
in the conduct of their affairs shall be admissible , whether
or not such evidence would be admissible in a trail in the
courts of the State of Florida.
(H) Any member of the Board, or an attorney appointed
to represent the Board, may inquire of any witness before
the Board. The alleged violator, or his attorney, and the
attorney representing the Code Inspector shall be permitted
to inquire of any witness before the Board and shall be
permitted to present brief opening and closing statements.
(I) At the conclusion of the hearing, the Code Enforce-
ment Board shall issue findings of fact, based on evidence
in record, and conclusions of law and shall issue an order
affording the proper relief consistent with the powers
granted by Florida Statute and by this Chapter. The order
shall be stated orally at the meeting. and shall be reduced
to writing and mailed to the alleged violator within ten
(10) days after the hearing. The finding shall be by motion
approved by a majority of those present and voting; provided
however , that at least four (4) members of the Board must
vote in order for the action to be official. The order may include a notice that it must be com-
plied with by a specified date and that a fine may be im-
posed if the order is not complied with by said d E,
History.—s. 1,ch.80-300;s.6,ch.82-37; s.44,ch.83-217; S.6,ch 86-201
Note.—Former s. 166.057.
Sec. 265 . 09 Powers of the Code Enforcement Board.
The Code Enforcement Board shall have the power to:
(A) Adopt rules for the conduct of its hearings .
(B) Subpoena alleged violators and witnesses to its
hearings .
(C) Subpoena records, surveys , plats and other doc-
umentary evidence , which subpoenas shall be served by the
City' s law enforcement officials .
(D) Take testimony under oath.
(E) Issure orders having the force and effect of law,
commanding whatever steps are necessary to bring a violation
into compliance.
(F) Establish and levy fines pursuant to Section 265 .10
[Ord. No. 22-83 , § 1 , 1 Nov 83]
Sec. 265 .10 Administrative Fines and Liens (Penalties) .
(A) The Code Enforcement Board, upon notification by the
Code Inspector that a previous order of the Board has not
been complied with by the set time, may order the violator
to pay a fine not to exceed two hundred fifty dollars ($250. 00)
for each day the violation continues past the date set by the
Board' s order for compliance.
(B) In determining the amount of the fine, if any, the
enforcement board shall consider the following factors :
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the
violation; and
(3) Any previous violations committed by the violator.
(C) A certified copy of an order imposing a fine may
be recorded in the Public Records of Brevard County, Florida,
and thereafter shall constitute a lien against the land on
which the violation exists, or if the violator does not own
the land, upon any other real or personal property owned by
the violator and may be enforced in the same manner as a
court judgment by the Sheriffs of the State of Florida, in-
cluding levy against the personal property, but shall not
be deemed otherwise to be a judgment of a court except for
enforcement purposes. After one year from the filing of any
such lien which remains unpaid, the Code Enforcement Board
may authorize the City Attorney to foreclose on the lien.
No lien created pursuant
to the provisions of this chapter may be foreclosed on real
property which is a homestead under s . 4 , Art . X of the State
Constitution.
(D) No lien provided by this Chapter shall continue for
a longer period than 5 years after the certified copy
of an order imposing a fine has been recorded, unless with
that time an action to foreclose on the lien is commenced
in a court of competent jurisdiction. The continuation of
the lien effected by the commencement of the action shall
not be good against creditors or subsequent purchasers for
valuable consideration without notice , unless a notice of
lis pendens is recorded.
Sec . 265 . 12 Appeal .
(A) An aggrieved party, including the City Council of
the City of Cape Canaveral , Florida, may appeal a final
administrative order of the Code Enforcement Board to the
Circuit Court. Any such appeal shall be filed within thirty
(30) days of the execution of the order to be appealed.
(B) The scope of review shall be limited to the record
made before the Code Enforcement Board and shall not be a
trial de novo.
(C) The Code Enforcement Board shall , by rule , establish
reasonable charges for the preparation of the record to be
paid by the appealing party. [Ord. No. 22-83 , §1, 1 Nov 83)
Sec. 265 . 13 Notices.
(A) All notices required by this Chapter shall be provided to the alleged violator by certified _
mail , return receipt requested, or when mail would not be
effective , by hand delivery by the Code Inspector, or by leaving the
notice at the violator ' s usual place of residence with some
person of his family above 15 years of age and informing such
person of the contents of the notice.
(B) In addition to providing notice as set forth in
subsection 0.) , at the option of the code enforcement board,
notice may also be served by publication, as
follows :
1(A) Such notice shall be published once during each
week for 4 consecutive weeks ( four publications being
sufficient) in a newspaper of general circulation in
Brevard County. The
newspaper shall meet such requirements as are prescribed under
sal, s
chapter 50, Florida Statutes, for legal and official advertisements.
b)Proof of publication shall be made as provided in
Florida Statutes, Sections 50.041 and 50.051.
2. Notice by publication may run
concurrently with, or may follow, an attempt or attempts to
provide notice by hand delivery or by mail as required under
subsection (A) .
Evidence that an attempt has been made to hand deliver or mail
notice as provided in subsection (A) , together with proof of
publication as provided in subsection (B) , shall be
sufficient to show that the notice requirements of this
chapter have been met , without regard to whether or not the
alleged violator actually received such notice.
Note: The materials which are underlined were just passed
and are not effective until 10/1/1987.
The materials which are added but not underlined
were passed in 1986, but had not been previously
added to our ordinance.
ORDINANCE NO. 1-85
Codified Mar 1985
AN ORDINANCE AMENDING CODE CHAPTER 265, "CODE
ENFORCEMENT BOARD" , OF THE CODE OF ORDINANCES
OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY
ESTABLISHING POSITIONS FOR TWO ALTERNATE MEMBERS
ON THE BOARD; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Chapter 265, Code Enforcement Board, of
the Code of Ordinances, is hereby amended by deleting Sec.
265 . 01 (A) in its entirety and replacing it with the following :
Sec. 265 . 01 Code Enforcement Board Created;
Composition; Terms; Removal; Organization.
(A) There is hereby created a Code Enforcement
Board of the City of Cape Canaveral, Florida,
which shall consist of seven (7) members, and
a first and second alternate member, appointed
by the Cape Canaveral City Council. All members
and alternate members shall have been residents
of the City twelve (12) months immediately pre-
ceding appointment and shall serve without com-
pensation. [Ord No. 22-83, §1, 1 Nov 83', Ord No. 1-85, §1, 19 Feb 85]
Section 2. Section 265.01(C) is hereby amended by add
the following sentence to the end of the last paragraph:
It is hereby understood that appointments to fill
vacancies on the Code Enforcement Board shall
coincide as much as practicable with the intent
to fill a category that is represented as
defined in Section 265. 01 (B)- and consequently,
alternate members may be passed over for regular
membership. [Ord No. 22-03, §1, 1 Nov 83; Ord. No. 1-85, §1, 19 Feb 85]
[Wayne Rutherford's signature]
Mayor
Attest: NAME YES NO First Reading: 2-5-85
FISCHETTI YES
MARCHETTI YES Posted: 1-16-85
[City Clerk's signature]
Advertised: 1-28-85
City Clerk
NICHOLAS YES Second Reading: 2-19-85
Approved as to form RUTHERFORD YES
WINCHESTER YES
[City Attorney's signature]
City Attorney
§ 265 . 01 CODE ENFORCEMENT BOARD § 265 . 01
CHAPTER 265
CODE ENFORCEMENT BOARD
Sec. 265. 01 Code Enforcement Board Created; Composi-
ton; Terms; Removal; Organization.
THIS STAYS THE SAME! [downwards arrow]
(B) The membership of the Code Enforcement Board shall
be made on the basis of experience or interest in the fields
of zoning and building control and shall, whenever possible,
include :
(1) An architect
(2) A businessman
(3) An engineer
(4) A general contractor
(5) A subcontractor
(6) A realtor
(7) A Citizen-at-Large
(C) The initial appointments to the Code Enforcement
Board shall be as follows :
Two (2) members shall be appointed for a term
of one year.
Three (3) members shall be appointed for a term
of two years.
Two (2) members shall be appointed for a term
of three years.
Thereafter, each term shall be for a period of three (3)
years. A member may be reappointed from term to term by the
Cape Canaveral City Council . Appointments to fill any vacancy
on the Code Enforcement Board shall be for the remainder of
the unexpired term of office. *see ordinance
(D) If any member of the Code Enforcement Board fails
to attend two (2) of three (3) successive meetings without
cause and without prior approval of the Chairman, the Board
shall declare the member's office vacant, and the Cape
Canaveral City Council shall promptly fill such vacancy.
PAGE REVISED
19 Feb 85
History File
Chapter 265 ORDINANCE NO. 22-83
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING THE CITY CODE BY ADDING THERETO
A NEW CHAPTER TO BE NUMBERED CHAPTER 265 ENTITLED
"CODE ENFORCEMENT BOARD" ; PROVIDING FOR THE CREATION,
COMPOSITION, ORGANIZATION, JURISDICTION, AND PRO-
CEDURES , OF A CODE ENFORCEMENT BOARD FOR THE CITY
OF CAPE CANAVERAL, FLORIDA PURSUANT TO CHAPTER 162
FLORIDA STATUTES 1982 ; PROVIDING FOR THE APPOINT-
MENT, SUSPENSION, REMOVAL, AND TERMS OF OFFICE OF
MEMBERS OF SAID CODE ENFORCEMENT BOARD, PROVIDING
FOR MEETINGS OF SAID CODE ENFORCEMENT BOARD
AND FOR THE APPOINTMENT OF LEGAL COUNSEL FOR SAID
BOARD; DESCRIBING ENFORCEMENT PROCEDURES, RULES
GOVERNING THE CONDUCT OF HEARINGS , AND THE POWERS
OF THE CODE ENFORCEMENT BOARD; AUTHORIZING THE
IMPOSITION OF ADMINISTRATIVE FINES AND FOR THE
CREATION OF LIENS UPON REAL AND PERSONAL PROPERTY
OF VIOLATORS AND PROVIDING FOR THE FORECLOSURE
AND ENFORCEMENT OF SAID LIENS; PROVIDING FOR THE
APPEAL OF ORDERS OF THE CODE ENFORCEMENT BOARD;
PROVIDING THAT INVALIDITY OF ANY PORTION HEREOF
SHALL NOT AFFECT THE REMAINING PORTIONS OF THIS
ORDINANCE; PROVIDING FOR THE EFFECTIVE DATE HEREOF
AND FOR OTHER PURPOSES.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral , Florida, as follows :
SECTION 1. The City Code of the City of Cape Canaveral is
hereby amended by adding thereto a new chapter to be numbered
Chapter 265 , entitled "Code Enforcement Board" , which new chapter
shall read as follows:
CHAPTER 265
CODE ENFORCEMENT BOARD
Sec. 265 . 01 Code Enforcement Board created; composition;
terms; removal; organization.
(A) There is hereby created a Code Enforcement Board
of the City of Cape Canaveral, Florida, which shall con-
sist of seven (7) members appointed by the Cape Canaveral
City Council . All members shall have been residents of
the City twelve (12) months immediately preceding appoint-
ment and shall serve without compensation.
(B) The membership of the Code Enforcement Board shall
be made on the basis of experience or interest in the fields
of zoning and building control and shall , whenever possible,
include:
(1) An architect
(2) A businessman
(3) An engineer
(4) A general contractor
(5) A subcontractor
(6) A realtor
(7)
(C) The initial appointments to the Code Enforcement
Board shall be as follows :
(1) Two (2) members shall be appointed for a term
of one year.
(2) Three (3) members shall be appointed for a term
of two years .
(3) Two (2) members shall be appointed for a term
of three years.
Thereafter, each term shall be for a period of three (3)
years. A member may be reappointed from term to term by the
Cape Canaveral City Counil. Appointments to fill any vacancy
on the Code Enforcement Board shall be for the remainder of
the unexpired term of office.
(D) If any member of the Code Enforcement Board fails
to attend two (2) of three (3) successive meetings without
cause and without prior approval of the Chairman, the Board
shall declare the member' s office vacant, and the Cape
Canaveral City Council shall promptly fill such vacancy
(E) Members of the Code Enforcement Board may be removed
as provided in the City of Cape Canaveral Code of Ordinances .
(F) At the first meeting of the Code Enforcement Board,
the members thereof shall elect a Chairman and a Vice-Chairman
from among the Board members. The presence of four (4) or
more members shall constitute a quorum of the Code Enforce-
ment Board necessary to take action.
(G) The Board shall establish a schedule for regular
meetings at such intervals as the Board may determine, and
regular meetings may be cancelled by the Chairman if there
are no cases or necessary business to come before the Board.
Special meetings of the Board may be convened by the Chairman,
or Vice-Chairman in the absence of the Chairman, upon giving
notice thereof to each other member of the Board. The notice
of a special meeting shall be given at least twenty-four (24)
hours prior thereto.
(H) Minutes shall be maintained of all meetings and
hearings held by the Code Enforcement Board, and all meetings,
hearings and proceedings shall be open to the public.
(I) The City Council shall provide clerical and adminis-
trative support to the Code Enforcement Board as may be reasonably
required by the Board for the proper performance of its duties.
[Ord. No. 22-83 §1, 1 Nov 83]
Sec. 265 . 02 Legal Counsel to Board.
(A) The City Attorney shall be counsel to the Code
Enforcement Board.
(B) The Cape Canaveral Building Official or any "Code
Inspector" as defined in Sec. 265 .06 of this Chapter shall
represent the City by presenting cases before the Enforcement
Board. [Ord. No 22-83 §1, 1 Nov 83]
Sec. 265 . 03 Presentation of Cases.
In no evnet may the City Attorney or a member of his staff
(C) The initial appointments to the Code Enforcement
Board shall be as follows:
(1) Two (2) members shall be appointed for a term
of one year.
(2) Three (3) members shall be appointed for a term
of two years.
(3) Two (2) members shall be appointed for a term
of three years.
Thereafter, each term shall be for a period of three (3)
years. A member may be )appointed from term to term by the
Cape Canaveral City Council Appointments to fill any vacancy
on the Code Enforcement — Board shall be for the remainder of
the unexpired term of office.
(D) If any member of the Code Enforcement Board fails
to attend two (2) of three (3) successive meetings without
cause and without prior approval of the Chairman, the Board
shall declare the member's office vacant, and the Cape
Canaveral City Council shall promptly fill such vacancy
(E) Members of the Code Enforcement Board may be removed
as provided in the City of Cape Canaveral Code of Ordinances.
(F) At the first meeting of the Code Enforcement Board,
the members thereof shall elect a Chairman and a Vice -Chairman
from among the Board members. The presence of four (4) or
more members shall constitute a quorum of the Code Enforce-
ment Board necessary to take action.
(G) The Board shall establish a schedule for regular
meetings at such intervals as the Board may determine, and
regular meetings may be cancelled by the Chairman if there
are no cases or necessary business to come before the Board.
Special meetings of the Board may be convened by the Chairman,
or Vice-Chairman in the absence of the Chairman, upon giving
notice thereof to each other member of the Board. The notice
of a special meeting shall be given at least twenty-four (24)
hours prior thereto.
(H) Minutes shall be maintained of all meetings and
hearings held by the Code Enforcement Board, and all meetings,
hearings and proceedings shall be open to the public.
(I) The City Council shall provide clerical and adminis-
trative support to the Code Enforcement Board as may be reasonably
equired b the Board for the proper performance of its duties.
[Ord. No. 22-83 §1, 1 Nov 83]
Sec. 265.02 Legal Counsel to Board.
(A) The City Attorney shall be counsel to the Code
Enforcement Board.
(B) The Cape Canaveral Building Official or any "Code
Inspector" as defined in Sec. 265.06 of this Chapter shall
represent the City by presenting cases before the Enforcement
Board. [Ord. No. 22-83 §1, 1 Nov 83]
Sec. 265.03 Presentation of Cases.
In no event may the City Attorney or a member of his staff
serve as both legal counsel to the Board and also present
cases before said Board. [Ord. No. 22-83 §1, 1 Nov 83]
Ord. No. 22-83
Page 2 of 6
Sec. 265 . 05 Jurisdiction.
(A) The Code Enforcement Board shall have the jurisdiction
to hear and decide alleged violations of the technical codes
in force in the City of Cape Canaveral ,/including but not
limited to, occupational license, fire , building, zoning and
sign codes.
(B) The jurisdiction of the Code Enforcement Board shall
not be exclusive. Any alleged violation of any of the afore-
said codes and ordinances may be pursued by appropriate remedy
in court at the option of the administrative official whose
responsibility it is to enforce that respective code or
ordinance. [Org. No. 22-83, §1, 1 Nov 83]
Sec. 265. 06 Enforcement Procedure.
(A) For the purpose of this chapter, "Code Inspector"
means any authorized agent or employee of the City of Cape
Canaveral whose duty it is to insure compliance with the
codes and ordinances of the City.
(B) It shall be the duty of the Code Inspector to
initiate enforcement proceedings of the various codes and
ordinances. No member of the Code Enforcement Board shall
have the power to initiate such enforcement proceedings.
(C) Except as provided in subsection (D) below, if a
violation of the codes or ordinances is found, the Code
Inspector shall first notify the viola or and give him/her
a reasonable time to correct the violation. Should the
violation continue beyond the time specified for correction,
the Code Inspector shall notify the Code Enforcement Board
and request a hearing pursuant to the procedure set forth
in Section 265. 07 of this chapter. Written notice of such
hearing shall be mailed to said violator.
(D) If the Code Inspector has reason to believe a
violation presents a serious threat to the public health,
safety and welfare, the Code Inspector may proceed directly
to the hearing procedure set forth in Section 265 .07 without
first notifying the violator and giving him/her time to
correct the violation. [Ord. No. 22-83, §1, 1 Nov 83]
Sec. 265 .07 Conduct of Hearing.
(A) The chairman of the Code Enforcement Board may call
hearings of the Board, and hearings may also be called by
written notice signed by at least three (3) members of the
Board. The Board at any hearing may set a future hearing
date.
. , (B) Upon scheduling of a hearing, the Board shall cause
notice thereof to be furnished to the alleged violator by
certified mail, return receipt requested, or by personal
service. Said notice of hearing shall contain the date,
time and place of the hearing and shall state the nature
of the violation and reference to the appropriate code or
ordinance.
(C) At the hearing, the burden of proof shall be upon
the Code Inspector to show, by a preponderance of the evidence,
that a violation does exist.
(D) Assuming proper notice of the hearing has been
provided to the alleged violator as provided in subsection
(B) above, a hearing may proceed in the absence of the
(E) All testimony shall be under oath and shall be
recorded. The Board shall take testimony from the Code
Inspector and alleged violator and from such other witnesses
as may be called by the respective sides.
(F) Formal rules of evidence shall not apply, but
fundamental due process shall be observed and govern said
proceedings .
(G) Irrelevant, immaterial or unduly repetitious
evidence shall be excluded, but all other evidence of a type
commonly relied upon by reasonably prudent persons in the
conduct of their affairs shall be admissible, whether or not
such evidence would be admissible in a trail in the courts
of the State of Florida.
(H) Any member of the Board, or an attorney appointed
to represent the Board, may inquire of any witness before
the Board. The alleged violator, or his attorney, and the
attorney representing the Code Inspector shall be permitted
to inquire of any witness before the Board and shall be
permitted to present brief opening and closing statements.
(I) At the conclusion of the hearing, the Code Enforce-
ment Board shall issue findings of fact, based on evidence
in record, and conclusions of law and shall issue an order
affording the proper relief consistent with the powers granted
by Florida Statute and by this Chapter. The order shall be
stated orally at the meeting and shall be reduced to writing
and mailed to the alleged violator within ten (10) days after
the hearing. The finding shall be by motion approved by a
majority of those present and voting; provided,/'however, that
at least four (4) members of the Board must vote in order
for the action to be official.[Ord. No. 22-83 §1, 1 Nov 83]
Sec. 265 .09 Powers of the Code Enforcement Board.
The Code Enforcement Board shall have the power to:
(A) Adopt rules for the conduct of its hearings.
(B) Subpoena alleged violators and witnesses to its
hearings.
(C) Subpoena records, surveys, plats and other documentary
evidence, which subpoenas shall be served by the City' s
law enforcement officials.
(D) Take testimony under oath.
(E) Issue orders having the force and effect of law,
commanding whatever steps are necessary to bring a violation •
into compliance.
(F) Establish and levy fines pursuant to Section 265 .10.
[Ord. No. 22-83 §1, 1 Nov 83]
Sec. 265 .10 Administrative Fines and Liens (Penalties) .
(A) The Code Enforcement Board, upon notification by the
Code Inspector that a previous order of the Board has not
been complied with by the set time, may order the violator
to pay a fine not to exceed two hundred fifty dollars ($250 . 00)
for each day the violation continues past the date set by the
Board' s order for compliance.
(B) A certified copy of an order imposing a fine may
be recorded in the Public Records of Brevard County, Florida,
and thereafter shall constitute a lien against the land on
which the violation exists , or if the violator does not own
the land, upon any other real or personal property owned by
the violator and may be enforced in the same manner as a
court judgment by the Sheriffs of the State of Florida, in-
cluding levy against the personal property, but shall not
be deemed otherwise to be a judgment of a court except for
enforcement purposes. After one year from the filing of any
such lien which remains unpaid, the Code Enforcement Board
may authorize the City Attorney to foreclose on the lien.
(C) No lien provided by this Chapter shall continue for
P a longer period than two (2) years after the certified copy
of an order imposing a fine has been recorded, unless within
that time an action to foreclose on the lien is commenced
in a court of competent jurisdiction. The continuation of
the lien effected by the commencement of the action shall
not be good against creditors or subsequent purchasers for
valuable consideration without notice, unless a notice of
lis pendens is recorded. [Ord. No. 22-83, §1, 1 Nov 83]
Sec. 265 .12 Appeal.
(A) An aggrieved party, including the City Council of
the City of Cape Canaveral, Florida, may appeal a final
administrative order of the Code Enforcement Board to the
Circuit Court. Any such appeal shall be filed within thirty
(30) days of the execution of the order to be appealed.
(B) The scope of review shall be limited to the record
made before the Code Enforcement Board and shall not be a
trial de novo.
(C) The Code Enforcement Board shall, by rule, establish
reasonable charges for the preparation of the record to be
paid by the appealing party. [Ord. No. 22-83, §1, 1 Nov 83]
Sec. 265 .13 Notices.
All notices required by this Chapter shall be by certified
mail , return receipt requested, or when mail would not be
effective, by hand delivery by the Code Inspector. [Ord. No. 22-83, §1, 1 Nov 83] SECTION 2 . Should any section or provision of this Ordinance
be declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the Ordinance as a whole,
or any part thereof, other than the part so declared to be uncon-
stitutional or invalid.
SECTION 3 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral ,
Florida, this 1st day of November , 1983 .
[Wayne Rutherford's signature]
Mayor
ATTEST:
[City Clerk's signature] Permission to Advertise: 10-4-83
City Clerk First Reading 10-18-83
Posted: 10-5-83
Approved as to Form: Advertised: 10-12-83
[City Attorney's signature] Second Reading: 11-1-83
City Attorney NAME YES NO
CALVERT X
HARRIS
NICHOLAS X
RUTHERFORD X
WINCHESTER X
REVISED Retype on Ord Paper.
DRAFT
ORDINANCE NO. 22-83
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,
AMENDING THE CITY CODE BY ADDING THERETO A NEW CHAPTER
TO BE NUMBERED CHAPTER 265 ENTITLED "CODE ENFORCEMENT
BOARD" ; PROVIDING FOR THE CREATION, COMPOSITION,
ORGANIZATION, JURISDICTION, AND PROCEDURES , OF A CODE
Sec. numbered ENFORCEMENT BOARD FOR THE CITY OF CAPE CANAVERAL,
per instructions FLORIDA PURSUANT TO CHAPTER 162 FLORIDA STATUTES 1982 ;
of City Attorney PROVIDING FOR THE APPOINTMENT, SUSPENSION, REMOVAL,
[illegibile] Scott AND TERMS OF OFFICE OF MEMBERS OF SAID CODE
ENFORCEMENT BOARD; PROVIDING FOR MEETINGS OF SAID
CODE ENFORCEMENT BOARD AND FOR THE APPOINTMENT OF
LEGAL COUNSEL FOR SAID BOARD; DESCRIBING ENFORCEMENT
PROCEDURES, RULES GOVERNING THE CONDUCT OF HEARINGS ,
AND THE POWERS OF THE CODE ENFORCEMENT BOARD;
AUTHORIZING THE IMPOSITION OF ADMINISTRATIVE FINES
AND FOR THE CREATION OF LIENS UPON REAL AND
PERSONAL PROPERTY OF VIOLATORS AND PROVIDING FOR
THE FORECLOSURE AND ENFORCEMENT OF SAID LIENS;
PROVIDING FOR THE APPEAL OF ORDERS OF THE CODE
ENFORCEMENT BOARD; PROVIDING THAT INVALIDITY OF ANY
PORTION HEREOF SHALL NOT AFFECT THE REMAINING PORTIONS
OF THIS ORDINANCE; PROVIDING FOR THE EFFECTIVE DATE
HEREOF AND FOR OTHER PURPOSES .
BE IT ORDAINED BY THE CITY COUNCIL OF CAPE CANAVERAL,
FLORIDA, as follows :
SECTION 1 . The City Code of the City of Cape Canaveral is
hereby amended by adding thereto a new chapter to be numbered Chapter
265 entitled "Code Enforcement Board" , which new chapter shall
read as follows :
CHAPTER 265
CODE ENFORCEMENT BOARD
Sec . 265 . 01 Code Enforcement Board created; composition;
terms; removal; organization.
A There is hereby created a Code Enforcement Board
of the City of Cape Canaveral, Florida, which shall consist
of seven (7) members appointed by the Cape Canaveral City Council
All members shall have been residents of the City twelve months
immediately preceding appointment and shall serve without compensation.
B The membership of the Code Enforcement Board shall
be made on the basis of experience or interest in the fields
of zoning and building control and shall, whenever possible,
include:
1 An architect
2 A businessman
3 An engineer
4 A general contractor
5 A subcontractor
6 A realtor
7
Ordinance No. 22-83
Page 1 of 8
C The initial appointments to the Code Enforcement
Board shall be as follows :
1 Two (2) members shall be appointed for a
term of one year.
2 Three (3) members shall be appointed for a term
of two years .
3 Two (2) members shall be appointed for a term
of three years
Thereafter, each term shall be for a period of
three (3) years . A member may be reappointed from term to
term by the Cape Canaveral City Council. Appointments to
fill any vacancy on the Code Enforcement Board shall be for
the remainder of the unexpired term of office.
D If any member of the Code Enforcement Board fails to
attend two (2) of three (3) successive meetings without cause
and without prior approvel of the Chairman, the Board shall
declare the member ' s office vacant, and the Cape Canaveral
City Council shall promptly fill such vacancy.
E Members of the Code Enforcement Board may be
removed as provided in the City of Cape Canaveral Code of
Ordinances .
F At the first meeting of the Code Enforcement Board,
the members thereof shall elect a Chairman and a Vice-Chairman
from among the Board members . The presence of four (4) or
more members shall constitute a quorum of the Code Enforcement
Board necessary to take action.
G The Board shall establish a schedule for regular
meetings at such intervals as the Board may determine, and
regular meetings may be cancelled by the Chairman if there are
no cases or necessary business to come before the Board.
Special meetings of the Board may be convened by the Chairman,
or Vice-Chairman in the absence of the Chairman, upon giving
notice thereof to each other member of the Board. The notice
of a special meeting shall be given at least twenty-four (24)
hours prior thereto .
Ordinance No. 22-83
Page 2 of 8
H Minutes shall be maintained of all meetings and ,
hearings held by the Code Enforcement Board, and all meetings,
hearings and proceedings shall be open to the public.
I The City Council shall provide clerical and
administrative support to the Code Enforcement Board as may
be reasonably required by the Board for the proper performance
of its duties .
Sec. 265 .02 Legal Counsel to Board
A The City Attorney shall be counsel to the Code
Enforcement Board.
B The Cape Canaveral Building Official or any "Code
Inspector" as defined in Section 265.02 of this chapter shall
represent the City by presenting cases before the Enforcement
Board.
Sec . 265 .03 Presentation of cases .
In no event may the City Attorney or a member of his
staff serve as both legal counsel to the Board and also present
cases before said Board.
Sec . 265.05 Jurisdiction
A The Code Enforcement Board shall have the
jurisdiction to hear and decide alleged violations of the
technical codes in force in the City of Cape Canaveral, including
but not limited to occupational license, fire, building, zoning
and sign codes .
B The jurisdiction of the Code Enforcement Board
shall not be exclusive . Any alleged violation of any of the
aforesaid codes and ordinances may be pursued by appropriate
remedy in court at the option of the administrative official
whose responsibility it is to enforce that respective code
or ordinance.
Sec . 265.06 Enforcement procedure
C For the purpose of this chapter, "code inspector"
means any authorized agent or employee of the City of Cape
Canaveral whose duty it is to insure compliance with the codes
and ordinances of the City.
Ordinance No. 22-83
Page 3 of 8
B It shall be the duty of the code inspector to
initiate enforcement proceedings of the various codes and
ordinances . No member of the Code Enforcement Board shall
have the power to initiate such enforcement proceedings .
C Except as provided in subsection D below, if a
violation of the codes or ordinances is found, the code
inspector shall first notify the violator and give him/her
a reasonable time to correct the violation. Should the
violation continue beyond the time specified for correction,
the code inspector shall notify the Code Enforcement Board
and request a hearing pursuant to the procedure set forth
in Section 265 . 07 of this chapter. Written notice of such
hearing shall be mailed to said violator .
D If the code inspector has reason to believe a
violation presents a serious threat to the public health,
safety and welfare, the code inspector may proceed directly
to the hearing procedure set forth in Section 265.07 without
first notifying the violator and giving him/her time to
correct the violation.
Sec . 265.07 Conduct of hearing
A The chairman of the Code Enforcement Board may call
hearings of the Board, and hearings may also be called by
written notice signed by at least three (3) members of the
Board. The Board at any hearing may set a future hearing
date .
B Upon scheduling of a hearing, the Board shall cause
notice thereof to be furnished to the alleged violator by
certified mail, return receipt requested, or by personal
service. Said notice of hearing shall contain the date, time
and place of the hearing and shall state the nature of the
violation and reference to the appropriate code or ordinance .
C At the hearing, the burden of proof shall be upon
the code inspector to show, by a preponderance of the evidence,
that a violation does exist.
Ordinance No. 22-83
Page 4 of 8
D Assuming proper notice of the hearing has been
provided to the alleged violator as provided in subsection
B above, a hearing may proceed in the absence of the
alleged violator.
E All testimony shall be under oath and shall be
recorded. The Board shall take testimony from the code
inspector and alleged violator and from such other witnesses
as may be called by the respective sides .
F Formal rules of evidence shall not apply, but
fundamental due process shall be observed and govern said
proceedings .
G Irrelevant, immaterial or unduly repetitious
evidence shall be excluded, but all other evidence of a type
commonly relied upon by reasonably prudent persons in the
conduct of their affairs shall be admissible, whether or not
such evidence would be admissible in a trial in the courts of
the State of Florida.
H Any member of the Board, or an attorney appointed
to represent the Board, may inquire of any witness before the
Board. ; The alleged violator, or his attorney, and the attorney
representing the code inspector shall be permitted to inquire
of any witness before the Board and shall be permitted to
present brief opening and closing statements .
I At the conclusion of the hearing, the Code Enforce-
ment Board shall issue findings of fact, based on evidence
in record, and conclusions of law and shall issue an order
affording the proper relief consistent with the powers granted
by Florida Statute and by this Chapter . The order shall be
stated orally at the meeting and shall be reduced to writing
and mailed to the alleged violator within ten (10) days after
the hearing. The finding shall be by motion approved by a
majority of those present and voting; provided, however, that
at least four (4) members of the Board must vote in order
for the action to be official .
Ordinance No. 22-83
Page 5 of 8
Sec . 265.09 Powers of the Code Enforcement Board,
The Code Enforcement Board shall have the power to:
A Adopt rules for the conduct of its hearings .
B Subpoena alleged violators and witnesses to its
hearings .
C Subpoena records , surveys, plats and other documentary
evidence, which subpoenas shall be served by the City ' s
law enforcement officials .
D Take testimony under oath.
E Issue orders having the force and effect of law,
commanding whatever steps are necessary to bring a violation
into compliance.
F Establish and levy fines pursuant to Section 265.10
Sec . 265.10 Administrative fines and liens (penalties)
A The Code Enforcement Board, upon notification by
the code inspector that a previous order of the Board has not
been complied with by the set time, may order the violator
to pay a fine not to exceed two hundred fifty dollars ($250 .00)
for each day the violation continues past the date set by the
Board' s order for compliance.
B A certified copy of an order imposing a fine may be
recorded in the Public Records of Brevard County, Florida,
and thereafter shall constitute a lien against the land on
which the violation exists or, if the violator does not own
the land, upon any other real or personal property owned by
the violator and may be enforced in the same manner as a court
judgment by the Sheriffs of the State of Florida, including
levy against the personal property, but shall not be deemed
otherwise to be a judgment of a court except for enforcement
purposes . After one year from the filing of any such lien
which remains unpaid, the Code Enforcement Board may authorize
the City Attorney to foreclose on the lien.
Ordinance No . 22-83
Page 6 of 8
C No lien provided by this Chapter shall continue for
a longer period than two (2) years after the certified copy
of an order imposing a fine has been recorded, unless within
that time an action to foreclose on the lien is commenced
in a court of competent jurisdiction . The continuation of
the lien effected by the commencement of the action shall
not be good against creditors or subsequent purchasers for
valuable consideration without notice, unless a notice of
lis pendens is recorded .
Sec . 265.12 Appeal
A An aggrieved party, including the City Council of
the City of Cape Canaveral, Florida, may appeal a final
administrative order of the Code Enforcement Board to the
Circuit Court. Any such appeal shall be filed within
thirty (30) days of the execution of the order to be appealed.
B The scope of review shall be limited to the record
made before the Code Enforcement Board and shall not be a
trial de novo .
C The Code Enforcement Board shall, by rule, establish
reasonable charges for the preparation of the record to be
paid by the appealing party.
Sec . 265.13 Notices
All notices required by this Chapter shall be by certified
mail, return receipt requested, or, when mail would not be
effective, by hand delivery by the code inspector .
SECTION 2 .
Should any section or provision of this Ordinance be declared
by the courts to be unconstitutional or invalid, such decision
shall not affect the validity of the Ordinance as a whole, or
any part thereof other than the part so declared to be uncon-
stitutional or invalid, such decision shall not affect the
validity of the Ordinance as a whole, or any part thereof
other than the part so declared to be unconstitutional or
invalid .
Ordinance No . 22-83
Page 7 of 8
SECTION 3 . This Ordinance shall become effective immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1983 .
Mayor
Attest:
City Clerk
Approved as to Form:
City Attorney
Ordinance No. 22-83
Page 8 of 8
REVISED
DRAFT
HISTORY FILE ORDINANCE NO. 22-83
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,
AMENDING THE CITY CODE BY ADDING THERETO A NEW CHAPTER
TO BE NUMBERED CHAPTER 265 ENTITLED "CODE ENFORCEMENT
BOARD" ; PROVIDING FOR THE CREATION, COMPOSITION,
ORGANIZATION, JURISDICTION, AND PROCEDURES , OF A CODE
ENFORCEMENT BOARD FOR THE CITY OF CAPE CANAVERAL,
FLORIDA PURSUANT TO CHAPTER 162 FLORIDA STATUTES 1982 ;
PROVIDING FOR THE APPOINTMENT, SUSPENSION, REMOVAL,
AND TERMS OF OFFICE OF MEMBERS OF SAID CODE
ENFORCEMENT BOARD; PROVIDING FOR MEETINGS OF SAID
CODE ENFORCEMENT BOARD AND FOR THE APPOINTMENT OF
LEGAL COUNSEL FOR SAID BOARD; DESCRIBING ENFORCEMENT
PROCEDURES, RULES GOVERNING THE CONDUCT OF HEARINGS ,
AND THE POWERS OF THE CODE ENFORCEMENT BOARD;
AUTHORIZING THE IMPOSITION OF ADMINISTRATIVE FINES
AND FOR THE CREATION OF LIENS UPON REAL AND
PERSONAL PROPERTY OF VIOLATORS AND PROVIDING FOR
THE FORECLOSURE AND ENFORCEMENT OF SAID LIENS ;
PROVIDING FOR THE APPEAL OF ORDERS OF THE CODE
ENFORCEMENT BOARD; PROVIDING THAT INVALIDITY OF ANY
PORTION HEREOF SHALL NOT AFFECT THE REMAINING PORTIONS
OF THIS ORDINANCE; PROVIDING FOR THE EFFECTIVE DATE
HEREOF AND FOR OTHER PURPOSES .
BE IT ORDAINED BY THE CITY COUNCIL OF CAPE CANAVERAL,
FLORIDA, as follows :
SECTION 1 . The City Code of the City of Cape Canaveral is
hereby amended by adding thereto a new chapter to be numbered Chapter
265 entitled "Code Enforcement Board" , which new chapter shall
read as follows :
CHAPTER 265
CODE ENFORCEMENT BOARD
Sec . 265 . 01 Code Enforcement Board created; composition;
terms; removal; organization.
(1) There is hereby created a Code Enforcement Board
of the City of Cape Canaveral, Florida, which shall consist
of seven (7) members appointed by the Cape Canaveral City Council
All members shall have been residents of the City twelve months
inmrediately preceding appointment and shall serve without compensation.
(2) The membership of the Code Enforcement Board shall
be made on the basis of experience or interest in the fields
of zoning and building control and shall , whenever possible,
include :
(a) An architect
(b) A businessman
(c) An engineer
(d) A general contractor
(e) A subcontractor
(f) A realtor
(g)
Ordinance No. 22-83
Page 1 of 8
(3) The initial appointments to the Code Enforcement
Board shall be as follows :
(a) Two (2) members shall be appointed for a
term of one year.
(b) Three (3) members shall be appointed for a term
of two years .
(c) Two (2) members shall be appointed for a term
of three years
Thereafter, each term shall be for a period of
three (3) years . A member may be reappointed from term to
term by the Cape Canaveral City Council . Appointments to
fill any vacancy on the Code Enforcement Board shall be for
the remainder of the unexpired term of office .
(4) If any member of the Code Enforcement Board fails to
attend two (2) of three (3) successive meetings without cause
and without prior approvel of the Chairman, the Board shall
declare the member ' s office vacant, and the Cape Canaveral
City Council shall promptly fill such vacancy .
(5) Members of the Code Enforcement Board may be
removed as provided in the City of Cape Canaveral Code of
Ordinances .
(6) At the first meeting of the Code Enforcement Board,
the members thereof shall elect a Chairman and a Vice-Chairman
from among the Board members . The presence of four (4) or
more members shall constitute a quorum of the Code Enforcement
Board necessary to take action.
(7) The Board shall establish a schedule for regular
meetings at such intervals as the Board may determine, and
regular meetings may be cancelled by the Chairman if there are
no cases or necessary business to come before the Board.
Special meetings of the Board may be convened by the Chairman,
or Vice-Chairman in the absence of the Chairman, upon giving
notice thereof to each other member of the Board . The notice
of a special meeting shall be given at least twenty-four (24)
hours prior thereto .
Ordinance No . 22-83
Page 2 of 8
(8) Minutes shall be maintained of all meetings and
hearings held by the Code Enforcement Board, and all meetings ,
hearings and proceedings shall be open to the public.
(9) The City Council shall provide clerical and
administrative support to the Code Enforcement Board as may
be reasonably required by _the Board for the proper performance
of its duties .
Sec. 265 . 02 Legal Counsel to Board
(1) The City Attorney shall be counsel to the Code
Enforcement Board .
(2) The Cape Canaveral Building Official or any "Code
Inspector" as defined in Section 265 .05 of this chapter shall
represent the City by presenting cases before the Enforcement
Board.
Sec . 265 . 03 Presentation of cases .
In no event may the City Attorney or a member of his
staff serve as both legal counsel to the Board and also present
cases before said Board.
Sec . 265 .04 Jurisdiction
(1) The Code Enforcement Board shall have the
jurisdiction to hear and decide alleged violations of the
technical codes in force in the City of Cape Canaveral, including
but not limited to occupational license, fire, building, zoning
and sign codes .
(2) The jurisdiction of the Code Enforcement Board
shall not be exclusive . Any alleged violation of any of the
aforesaid codes and ordinances may be pursued by appropriate
remedy in court at the option of the administrative official
whose responsibility it is to enforce that respective code
or ordinance .
Sec . 265 .05 Enforcement procedure
(1) For the purpose of this chapter, "code inspector"
means any authorized agent or employee of the City of Cape
Canaveral whose duty it is to insure compliance with the codes
and ordinances of the City .
Ordinance No. 22-83
Page 3 of 8
(2) It shall be the duty of the code inspector to
initiate enforcement proceedings of the various codes and
ordinances . No member of the Code Enforcement Board shall
have the power to initiate such enforcement proceedings .
(3) Except as provided in subsection (4) below, if a
violation of the codes or ordinances is found, the code
inspector shall first notify the violator and give him/her
a reasonable time to correct the violation. Should the
violation continue beyond the time specified for correction,
the code inspector shall notify the Code Enforcement Board
and request a hearing pursuant to the procedure set forth
in Section 265 .06 of this chapter. Written notice of such
hearing shall be mailed to said violator .
(4) If the code inspector has reason to believe a
violation presents a serious threat to the public health,
safety and welfare, the code inspector may proceed directly
to the hearing procedure set forth in Section 265 .06 without
first notifying the violator and giving him/her time to
correct the violation.
Sec . 265 . 06 Conduct of hearing
(1) The chairman of the Code Enforcement Board may call
hearings of the Board, and hearings may also be called by
written notice signed by at least three (3) members of the
Board . The Board-at any hearing may set a future hearing
date .
(2) Upon scheduling of a hearing, the Board shall cause
notice thereof to be furnished to the alleged violator by
certified mail, return receipt requested, or by personal
service . Said notice of hearing shall contain the date, time
and place of the hearing and shall state the nature of the
violation and reference to the appropriate code or ordinance .
(3) At the hearing , the burden of proof shall be upon
the code inspector to show, by a preponderance of the evidence,
that a violation does exist.
Ordinance No. 22-83
Page 4 of 8
(4) Assuming proper notice of the hearing has been
provided to the alleged violator as provided in subsection
•
(2) above, a hearing may proceed in the absence of the
alleged violator .
(5) All testimony shall be under oath and shall be
recorded . The Board shall take testimony from the code
inspector and alleged violator and from such other witnesses
as may be called by the respective sides .
(6) Formal rules of evidence shall not apply, but
fundamental due process shall be observed and govern said
proceedings .
(7) Irrelevant, immaterial or unduly repetitious
evidence shall be excluded, but all other evidence of a type
commonly relied upon by reasonably prudent persons in the
conduct of their affairs shall be admissible, whether or not
such evidence would be admissible in a trial in the courts of
the State of Florida.
(8) Any member of the Board, or an attorney appointed
to represent the Board, may inquire of any witness before the
Board. The alleged violator, or his attorney, and the attorney
representing the code inspector shall be permitted to inquire
of any witness before the Board and shall be permitted to
present brief opening and closing statements .
(9) At the conclusion of the hearing, the Code Enforce-
ment Board shall issue findings of fact, based on evidence
in record, and conclusions of law and shall issue an order
affording the proper relief consistent with the powers granted
by Florida Statute and by this Chapter . The order shall be
stated orally at the meeting and shall be reduced to writing
and mailed to the alleged violator within ten (10) days after
the hearing . The finding shall be by motion approved by a
majority of those present and voting; provided, however, that
at least four (4) members of the Board must vote in order
for the action to be official .
Ordinance No. 22-83
Page 5 of 8
Sec . 265 .07 Powers of the Code Enforcement Board
The Code Enforcement Board shall have the power to:
(1) Adopt rules for the conduct of its hearings .
(2) Subpoena alleged violators and witnesses to its
hearings .
(3) Subpoena records , surveys, plats and other documentary
evidence, which subpoenas shall be served by the City 's
law enforcement officials .
(4) Take testimony under oath.
(5) Issue orders having the force and effect of law,
commanding whatever steps are necessary to bring a violation
into compliance .
(6) Establish and levy fines pursuant to Section 265 .08 .
Sec . 265 .08 Administrative fines and liens (penalties)
(1) The Code Enforcement Board, upon notification by
the code inspector that a previous order of the Board has not
been complied with by the set time, may order the violator
to pay a fine not to exceed two hundred fifty dollars ($250 .00)
for each day the violation continues past the date set by the
Board' s order for compliance.
(2) A certified copy of an order imposing a fine may be
recorded in the Public Records of Brevard County, Florida,
and thereafter shall constitute a lien against the land on
which the violation exists or, if the violator does not own
the land, upon any other real or personal property owned by
the violator and may be enforced in the same manner as a court
judgment by the Sheriffs of the State of Florida, including
levy against the personal property, but shall not be deemed
otherwise to be a judgment of a court except for enforcement
purposes . After one year from the filing of any such lien
which remains unpaid, the Code Enforcement Board may authorize
the City Attorney to foreclose on the lien.
Ordinance No . 22-83
Page 6 of 8
(3) No lien provided by this Chapter shall continue for
a longer period than two (2) years after the certified copy
of an order imposing a fine has been recorded, unless within
that time an action to foreclose on the lien is commenced
in a court of competent jurisdiction. The continuation of
the lien effected by the commencement of the action shall
not be good against creditors or subsequent purchasers for
valuable consideration without notice, unless a notice of
Iis pendens is recorded .
Sec. 265.09 Appeal
(1) An aggrieved party, including the City Council of
the City of Cape Canaveral, Florida, may appeal a final
administrative order of the Code Enforcement Board to the
Circuit Court. Any such appeal shall be filed within
thirty (30) days of the execution of the order to be appealed.
(2) The scope of review shall be limited to the record
made before the Code Enforcement Board and shall not be a
trial de novo .
(3) The Code Enforcement Board shall, by rule, establish
reasonable charges for the preparation of the record to be
paid by the appealing party.
Sec . 265. 10 Notices
All notices required by this Chapter shall be by certified
mail, return receipt requested, or, when mail would not be
effective, by hand delivery by the code inspector.
SECTION 2 .
Should any section or provision of this Ordinance be declared
by the courts to be unconstitutional or invalid, such decision
shall not affect the validity of the Ordinance as a whole, or
any part thereof other than the part so declared to be uncon-
stitutional or invalid, such decision shall not affect the
validity of the Ordinance as a whole, or any part thereof
other than the part so declared to be unconstitutional or
invalid .
Ordinance No . 22-83
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SECTION 3 . This Ordinance shall become effective immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1983 .
Mayor
Attest:
City Clerk
Approved as to Form:
City Attorney
Ordinance No. 22-83
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