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HomeMy WebLinkAboutOrdinance No. 06-2004 F I ORDINANCE NO. 06 -2004 CW AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF i CAPE CANAVERAL, FLORIDA AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, THROUGH THE ADOPTION OF A NEW DIVISION ENTITLED CODE i ENFORCEMENT CITATIONS; PROVIDING FOR A CIVIL t CITATION PROGRAM; PROVIDING THAT CITY CODES MAY BE ENFORCED BY CIVIL CITATION WHEN k SPECIFICALLY PROVIDED FOR BY THE CITY CODE; CITATION FORM AND PROCEDURES; PROVIDING FOR I i VIOLATIONS AND PENALTIES; PROVIDING FOR l CITATION CONTEST PROCEDURES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, I' SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the Florida Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Chapter 162, Florida Statutes, provides municipalities may designate the enforcement methods and penalties to be imposed for the violation of its codes and ordinances, such enforcement methods may include, but are not limited to, the issuance of a citation, in addition to a C ie hearings before the code enforcement board; and WHEREAS, the City Council believes in certain cases the only effective enforcement tool, due to the nature of the violation, is the issuance of a civil citation; and 1 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape 1 Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Adoption. Chapter 2, Article VI, Division 3 of the Code of Ordinances, City of Cape Canaveral, Florida, entitled Code Enforcement Citations is hereby adopted as follows (underlined type indicates additions and st,ikc.,at type indicates deletions, while asterisks (* * *) City of Cape Canaveral Ordinance No. 06 -2004 C i, Page 1 of 10 1 1 , indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Cre Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the {, language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION i * * * ARTICLE VI. CODE ENFORCEMENT * * * DIVISION 3. CODE ENFORCEMENT CITATIONS Sec. 2 -280. Intent and purpose. i Laj It is the intent and purpose of this division to provide a supplemental procedure for the t ' enforcement of City Codes and ordinances. Nothing contained in this division shall prohibit t the City from enforcing its Code and ordinances by any other lawful means. It is also the intent and purpose of this division to enhance the effectiveness of code enforcement within the City by authorizing the enforcement methods and penalties contained f in this division for the betterment and promotion of the public health, safety, and welfare of the citizens of the City. Sec. 2-281. Definitions. CY The following words and phrases shall have the meaning ascribed herein unless the context c indicates otherwise: cal Code enforcement officer shall mean city manager designated employees or agents whose duty it is to enforce the City Code and ordinances. Code enforcement officers may include, but are not limited to code inspectors, building inspectors, the building official, law enforcement officers, fire safety inspectors, or any other employee or agent authorized by the city council and/or city manager. All such officers employed by the City shall receive training as prescribed by the city council and/or city manager. (b) Person shall mean any individual, associations, joint ventures, partnerships, corporations, E trusts, sole proprietorships, and any and all other groups or combinations and legal entities. Repeat violation shall be as defined by Chapter 162, Florida Statutes (2003), and as may be amended from time to time Violation shall mean the act ofbreaking, infringing or transgressing any provision of the City Code, its ordinances or other law by a person, pursuant to this division. City of Cape Canaveral Ordinance No. 06 -2004 (104 Page 2 of 10 Sec. 2 -282. Authorization of citation program. (a) The City hereby adopts a code enforcement citation system to provide an additional and supplemental method of enforcing the enumerated codes and ordinances enumerated in section 2 -283 or specifically made subject to this division elsewhere in the City Code. The enforcement method shall be by the issuance of citations for violation of duly enacted City Codes and ordinances in accordance with the rules and procedures established by this division and Chapter 162, Florida Statutes. (b) Code enforcement officers shall not have the power of arrest for purposes of bringing a violation in compliance. For each violation, the code enforcement officer shall determine, using reasonable discretion, whether to prosecute the violation through the civil citation system under this division and/or the code enforcement board. Sec. 2 -283. Applicable codes and ordinances; class violation. The following City Codes and ordinances may be enforced by civil citation to the Brevard County Court, and are assigned the violation classification enumerated below: W Chapter 38, Article IV, Fireworks. ...Class II. Lb) In the event of a conflict between the civil penalties enumerated in this section and a civil penalty specifically enumerated elsewhere in this Code or other ordinances, the more stringent penalty shall apply. Sec. 2 -284. Training of code enforcement officers. The training and qualifications of the code enforcement officers shall be established by the city council or city manager. Lb) Except for sworn law enforcement officers, the designation of code enforcement officers under this division does not confer the power of arrest or other law enforcement powers nor subject the code enforcement officers to the provisions of chapter 943, Florida Statutes. Sec. 2 -285. Citation powers; personal investigation; reasonable cause. Any code enforcement officer is hereby authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of the duly enacted code or ordinance which is either identified in section 2 -283 of this division or specifically made subject to this division elsewhere in the City Code, regardless of whether the violation constitutes a repeat violation. Nothing in this section shall prohibit the City from enforcing its codes or ordinances by any other means. City of Cape Canaveral 4 (11; Ordinance No. 06 -2004 Page 3 of 10 is Sec. 2 -286. Violation; penalties — General. (b) A violation of a City Code or ordinance specifically made subject to this division is hereby deemed a civil infraction. Each violation of a City Code or ordinance specifically made subject to this division is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. O The maximum civil penalty pursuant to this division, shall not exceed Five Hundred & NO /100 Dollars ($500.00) plus all applicable court costs and legislative assessments, per violation. (el Any citation issued pursuant to this article may be contested in county court. ( Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in section 775.082 and section 775.083, Florida Statutes. (4) The provisions of this part shall not apply to enforcement pursuant to section 553.79 and 553.80 of the Florida Building Code, as applied to construction, provided that a building permit is either not required or has been issued by the City. C of Sec. 2 -287. Citation issuance procedure. All citations issued pursuant to this division by a code enforcement officer shall be in accordance with the following procedure: Warning Notice. Except as provided in 2- 287(b), a code enforcement officer shall provide a warning notice prior to issuing a citation. The warning notice shall at a minimum provide the following: (1) the code or ordinance provision violated; (2) the date of the issuance of the warning notice; (3) specified time for compliance (the time period for compliance shall not exceed thirty (30) days); ai maximum amount of fine if violation is not corrected; code enforcement officer's signature; and City of Cape Canaveral Ordinance No. 06 -2004 t rt Page 4 of 10 a place for the signature of the person receiving the warning. ft. coo If upon personal investigation, the code enforcement officer finds that the person has not corrected the violation within the time period, the code enforcement officer may issue a citation to the person who has committed the violation. The citation shall be in a form proscribed in section 2 -288. Repeat violation, serious threat to public, or irreparable. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to the issuance of a citation and may immediately issue a citation if a violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the • ublic health safet or welfare or if the violation is irre I arable or irreversible. 1 (, Delivery of citations. After issuing a citation to a person, the code enforcement officer shall: LU Deposit the original citation and one (1) copy of the citation with the clerk of court for the Brevard County Court. Provide the person cited with one (1) copy; and Q Retain one (1) copy in the code enforcement officer's case file. fsu Issuing citations to persons. Written warning notices, if applicable, and citations shall be issued to a person as follows: (1) If the person is an individual, the code enforcement officer shall issue the warning notice or citation to the person by hand delivery. In the absence of the person who has committed the violation, issuance of a warning notice or citation may be accomplished by leaving a copy of the warning notice or citation at a person's usual place of residence with any person residing therein who is fifteen (15) years of age or older and informing the person of the contents or forwarding a copy of the warning notice or citation by registered or certified mail, return receipt requested. (2) If the person is a business or other entity, the code enforcement officer shall issue the warning notice or citation to any employee or principal of the entity, during regular t' business hours, and inform the employee or principal of the contents or by forwarding a copy of the warning notice or citation by registered or certified mail, return receipt requested. Each employee of the business or principal shall be deemed to be an agent of the business for service of warning notices and citations. fel Person required to sign citation. Except in the absence of the person who has committed the violation, a code enforcement officer shall require the person to sign and accept a citation being issued. If the person refuses to sign and accept the citation, the code enforcement City of Cape Canaveral Ordinance No. 06 -2004 Page 5 of 10 officer shall write the words "refused to sign" or any other words of similar meaning in the C space provided in the citation for theperson's signature and shall leave a copy of the citation with the person if possible, or mail a copy to the person, if possible, by registered or certified mail, return receipt requested. Following such refusal to sign and accept, the code enforcement officer shall also contact the City police department to report such violation of section 2- 286(e) and section 162.21(6), Florida Statutes. Sec. 2 -288. Citation form. Unless a uniform code citation is promulgated by administrative order issued by the chief judge of the eighteenth (18` judicial circuit or state statute, the citation issued by a code enforcement officer shall be in a form prescribed by the city council by resolution, and shall contain at a minimum the following: (a) The date and time of issuance; (b) The name and address of the person to whom the citation is issued; t The date and time the civil infraction was committed; } (d) The facts constituting reasonable cause; The number or section of the code or ordinance violated; The name and authority of the code enforcement officer ;' (g) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. chi The applicable civil penalty if the person elects to contest the citation; The applicable civil penalty if the person elects not to contest the citation and (j) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment t` g � gment may be entered against the person for an amount up to the maximum civil penalty. Sec. 2 -289. Payment of penalty; court hearings. La,) Citation not contested If the person elects not to contest the citation, the person shall pay in full the applicable civil penalty, made payable by cash or check to the City of Cape Canaveral, and delivered to the city manager, within fourteen (14) calendar days after City of Cape Canaveral. ClIri Ordinance No 06 -2004 Page 6 of 10 is issuance of the citation. The civil penalty shall be deposited in the city's general fund. By paying the citation, the person shall be deemed to have admitted the infraction and waived ir+ the right to a hearing. The city manager shall instruct the code enforcement officer who issued the citation to promptly notify, in writing, the clerk of the court for the county court that the person elected not to contest the citation and the matter involving the particular paid citation has been closed and requires no hearing before the court Failure to pay citation and request court hearing. If the person cited fails to pay the civil penalty by the fourteenth (14th) calendar day after the issuance of the citation or fails to request a court hearing within the time prescribed in section 2- 289(c), the person shall have waived any right to contest the citation and a judgment shall be entered against the person cited in an amount up to the maximum civil penalty plus applicable court costs. In addition, an order to show cause may be issued by the county judge requiring the person cited to appear in county court to explain the person's failure to pay or request a court hearing. Failure to respond to an order to show cause may result in issuance of an arrest warrant or other lawful action by the court. E' Lcj Citation contested. If the person elects to contest the citation, the person shall, within twenty - one (21) calendar days of issuance of the citation, request, in writing, the clerk of the court for the county court to schedule a hearing before a county judge. The person shall immediately notify the City of the request for hearing by U.S. mail or hand delivery to the city manager. Said hearing shall be scheduled as soon as the court calendar shall permit. r' C ie .(d) Judicial determination ofviolation and penalties: civil judgments; payment ofciviljudgment. LU A county judge, after a hearing on the citation, shall make a determination whether or not a violation of the code or ordinance cited has been committed. If a violation is found to have occurred, the county judge may order the violator to correct the violation and may impose a civil penalty up to the maximum civil penalty plus all applicable costs of prosecution and legislative assessments, plus applicable court costs; in no event, however, shall such civil penalty imposed by the county judge be less than the reduced civil penalty set forth herein al The county judge may provide for the civil penalty to be paid, and the violation to be corrected, within such time as the county judge determines to be appropriate. If the person found to be in violation fails to pay the civil penalty or correct the violation within the time provided, a civil judgment shall be entered against that person in an amount up to the maximum civil penalty plus applicable court costs. Should the person cited schedule a hearing as provided for herein and thereafter fail to appear at such hearing, the person shall be deemed to have waived the right to contest the citation, and a civil judgment shall be entered against the person in an amount up to the maximum civil penalty plus applicable court costs; provided, City of Cape Canaveral (11111e Ordinance No. 06 -2004 Page 7 of 10 however, that the court shall have the discretion to continue or reschedule any hearing when it determines that doing so will further the interest of justice. In such an event, the clerk of the court shall notify the code enforcement officer and the person cited of the date and time of the hearing. In addition, an order to show cause may be issued by the county judge requiring the person cited to appear in county court to explain the person's failure to appear at the hearing. Failure to respond to the order to show cause may result in issuance of an arrest warrant. f4) Should the person cited willfully fail to comply with a court order to abate or correct the violation, the court, after due notice and hearing on the matter, may hold the violator in civil contempt and may enter an order to that effect. (5) In the event that a civil judgment is entered against the person cited as provided herein, the City may record a certified copy of said judgment in the official records of the county and the same shall thereafter constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. (6) In the event that an order is entered finding that a violation of the ordinance cited has been committed, the City may record a certified copy of said order in the official records of the county and the same shall thereafter constitute notice to and be binding upon the violator and any subsequent purchasers, successors in interest or assigns if the violation concerns real property, and the findings therein shall be binding upon Crol the violator and any subsequent purchasers, successors in interest or assigns if the violation concerns real property. al Payment of any civil penalty imposed by civil judgment or county judge shall be made to the clerk of the court, who shall forward the monies collected to the city manager for deposit into the city's general fund. If a judgment has been entered for the civil penalty, the clerk of the court shall notify the City when the judgment has been paid and the necessary satisfaction of judgment shall be prepared and recorded in the official records of the county. Should the provisions of this Section 2 -289 conflict with any administrative order issued by the Court which sets forth the Court's procedures required for handling code enforcement citations, the conflicting provisions of the Court's administrative order shall prevail. Sec. 2 -290. Authorization to enter upon property. A code enforcement officer charged with the duty to enforce this division shall have the right to enter upon private real property in accordance with applicable federal and state law. If entry upon private real property is denied, the city manager is hereby authorized to direct the city attorney to City of Cape Canaveral Ordinance No. 06 -2004 Page 8 of 10 3� i 1 ' obtain an inspection warrant from a court of competent jurisdiction for purposes of authorizing a code enforcement officer to inspect the private real property and personal property thereon. , Sec. 2 -291. Classes of violations and penalties. l All violations of City Codes and ordinances authorized for enforcement under this division t shall be classified and assigned civil penalties as follows: t Violation Civil Penalty k r Class I $100.00 t Class II $200.00 Class III $300.00 Class IV $500.00 (b) Any City Code or ordinance enacted subsequent to the adoption of this division may set forth the applicable civil penalty for violations by designating the appropriate violation i classification provided in this section. I All City Code or ordinance provisions which are subject to this division and which do not specifically set forth an applicable civil penalty classification shall be penalized as a Class CIO I violation. q 1 i Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the t Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. k. t Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of ?' competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the 1 validity of the remaining portions of this Ordinance. _! i Section 6. Effective Date. This Ordinance shall become effective thirty (30) days from adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 1 City of Cape Canaveral Ordinance No. 06 -2004 i C ie Page 9 of 10 X P 1 Charter. (be ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the 20th day of April, 2004. r ! of • ' Cl?,-----0C LA C■CP.""Car ROCKY RANDEL _ = r Mayor ATTEST; 'y . , , :_ 17 l For Against SUS , ST P ,ILS . Bob Hoog Motion i+f, City (1ertor, , . Steve Miller X I Jim Morgan Second Rocky Randels X Appr ► Ail s to legal form and sufficiency Richard Treverton X for` ►,' of Cape Canaveral only Ar!t. 1 Anthony A. Garganese, City Attorney First Reading: April 6, 2004 l Second Reading: April 10, 2004 Effective Date: April 20, 2004 t i a i k i 1 s 1 ■ City of Cape Canaveral Ordinance No. 06 -2004 L e Page 10 of 10