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HomeMy WebLinkAboutJan 1994 CODE ENFORCEMENT BOARD ti CITY OF CAPE CANAVERAL RULES OF PROCEDURE NAME The name of this Board shall be the "Code Enforcement Board of the City of Cape Canaveral, Florida" . II. JURISDICTION The Board has jurisdiction over those matters which are set forth in Section 265 of the City Code of the City of Cape Canaveral, Florida. III. OFFICERS AND THEIR DUTIES A. The officers shall be a Chairman and Vice Chairman. The City Council shall provide a recording secre- tary. B. The Chairman shall preside at all meetings and hearings of the Board and shall have the duties normally conferred by parliamentary usage of such officers. C. The Chairman shall be one of the Members of the Board. The Chairman shall have the privilege of discussing all matters before the Board and shall have the same voting rights as all Board Members. D. The Vice Chairman shall act in the absence of the Chairman, and a Member selected from the Board may be designated to serve in the absence of the Chair- man and Vice Chairman. IV. ELECTION OF OFFICERS A. Nomination of officers shall be made from the Members at the annual organizational meeting in October of each year, and the election shall be held immediately thereafter. B. A candidate receiving a majority of the votes cast shall be declared elected and shall serve a term of one (1) year until a successor shall take office. ,4 C. Vacancies in the office of Chairman or Vice Chair- man shall be filled by the regular election proce- dure described above. � I V. MEETINGS A. Regular Meetings - Regular meetings shall be held at least every two (2) months. The Board may set s I meetings more frequently if necessary. Regular meetings shall be held on the Thursday immediately following the City Council 's second meeting of each month at 7:30 p.m. , in the City Council Chambers, City Hall, 105 Polk Avenue, Cape Canaveral, Flori- da. B. Special Meetings - Special meetings may be called by the Chairman or at least three (3) Members of the Board by written notification to the Chairman. C. Notice 1 ) Notice of all meetings, both regular and special, shall be given to all Board Members at least twenty-four (24) hours in advance of the meeting. 2) Notice of all meetings shall be provided to the City Clerk for inclusion on the City's schedule of meetings and events. D. Attendance 1 ) Members shall notify the Chairman of the Board if they cannot attend a meeting. 2) If a Member misses two (2) out of three (3) consecutive meetings without cause and without prior approval of the Chairman, the Board shall declare the Member's office vacant. The vacancy on the Board shall be filled by ap- pointment by the City Council. E. Quorum - A quorum of the Board shall consist of at least four (4) or more Members, and an affirmative vote of a majority of those present and voting 2 shall be necessary to pass any motion or adopt any Order; provided, however, that at least four (4) Members of the Board must vote in order for the action to be official. F. Alternate Member, Voting Rights - In the absence of a Regular Board Member from an official Board meeting, the First Alternate Board Member shall assume all duties of the absent Regular Member, including the right to vote on any matter before the Board at the meeting. If two (2) or more Regular Board Members are absent from an official Board meeting, the Second Alternate Member shall assume all duties of an absent Regular member, including the right to vote on any matter before the Board at that meeting. G. Voting - Voting shall be by roll call vote and shall be recorded by individual "aye" or "nay" . H. Abstention - Each Member present shall cast an "aye" or "nay" vote on each question before the Board, except that if any Member has a personal interest in a matter, he may vote or may abstain i from participating as a Member of the Board in that matter. In either event, he must file a Memorandum of Voting Conflict with the Secretary of the Board g "Code y as prescribed by the Florida Code of Ethics for Public Officers and Employees" (Chapter 112, Part III, Florida, Florida Statutes) . I. Procedure - Parliamentary procedure in Board meet- ings shall be governed by Robert's Rule of Order, Revised Edition, as amended, and by the Rules of Procedure contained herein. VI. ORDER OF BUSINESS A. Roll call B. Minutes of previous meetings C. Establish next meeting date 3 3 D. Statement of procedures E. Reports F. Public hearings G. Unfinished business H. New business, other than public hearings. I. Adjournment The order of business may be suspended by a vote of the majority of those Members present. VII. INITIATION OF ACTIONS BEFORE THE BOARD A. All actions before the Board shall be initiated by a Code Inspector filing a Notice of Ordinance/Code Violation with the Secretary of the Board. B. The Notice shall be in the form attached hereto and shall give the alleged violator a reasonable period 1 of time to correct the violation. The Notice shall specify the time for hearing before the Code En- forcement Board in the event the violations are not corrected. C. At hearings the Board may take all actions as provided by Chapter 162, Florida Statutes, and Chapter 265 of the Ordinances of the City of Cape Canaveral. VIII. HEARINGS The following procedures will be observed in hearings 1 before the Board: 1 ) The Code Enforcement Officer or Board Secretary [Q j A shall read the Statement of Violation and Request for Hearing. 2) The respondent shall be asked if he wishes to make a statement regarding the alleged violation. 3) All persons wishing to give testimony shall be sworn in 4) The respondent shall have the right to request that the witness be sequestered. 4 kkk kQF; 5) The City shall present its case, and respondent shall present its case. Both parties will have an opportunity to cross-examine. 6) The Board may question any witness or call any witness as it feels necessary. 7) Strict rules of evidence shall not apply. 8) If legal counsel are present, they shall be permit- ted to present brief opening statements and closing arguments. 9) The Board may, in its discretion, at any time during the hearing, adjourn the hearing for a 1 period not to exceed thirty-one (31) days and request further information from either party. 10) If a hearing is adjourned, those Board members presiding who were not present at the initial hearing shall take such measures as are necessary to familiarize themselves with any matters carried forward from the adjourned hearing prior to consid- eration of same. These measures may include review of previous meeting minutes, tape recordings, transcripts, and other relevant information. 11) Upon completion of all the evidence, the Chairman shall close the hearing. During any meeting at which a public hearing was held, the Chairman, in his or her discretion, may elect to re-open a hearing to consider additional evidence and testi- mony, which shall be considered during subsequent deliberation. 12) The Board may only consider that evidence which is presented at the hearings. 13) The Board shall immediately deliberate in open, public session. 14) The Board shall orally issue an Order which is approved by a majority of the Board (at lest four (4) Members of the Board must vote) . The Order 5 shall contain findings of fact and conclusions of law and state the affirmative relief granted by the } Board. Said Order shall be reduced to writing and mailed to the respondent within ten (10) working days after the hearing. } IX. MISCELLANEOUS A. These Rules of Procedure may be altered, in a manner not inconsistent with the City Code, during a regular meeting by the affirmative vote of at least four (4) Members of the Board, provided notice of the proposed change is given to the Board at a preceding regular meeting. B. The provisions of these Rules of Procedure shall be discussed and/or adopted, or re-adopted by the Board annually at its regular organizational meet- ing. C. All meetings, regular or special, and all hearings ti shall be open to the public in accordance with the provisions of the Florida "Sunshine Law" (Chapter 286, Florida Statutes) . D. All records of the Board shall be open to the public examination, inspection and copying in accordance with the provisions of the "Florida Public Records Law" (Chapter 119, Florida Stat- utes) . E. In the event of conflict between these rules and applicable Florida law, Florida law shall govern. c:\vp51\citpofcc\rulee.pro kpa/gm/1/24/94 6 r NOTICE OF ORDINANCE/CODE VIOLATION CORRECTION ACTION REQUIRED `.b TIME FOR COMPLIANCE NOTICE OF HEARING To: Our records indicate that you are the owner of the following described property: rt You are in violation of Section of the Cape Canaveral Code of Ordinances (copy attached) . This violation can be corrected by performing the following: } If the correction action is completed by no further action will be taken. If the corrective action is not completed by , then this case will be heard by the Code Enforcement Board of the City of Cape Canaveral which will hear this case on at 7:30 p.m. , or as soon thereafter as possible, at Cape Canaveral City Hall, 105 Polk Avenue, Cape Canaveral, Florida 32920. gtgg You may have any attorney, at your expense, represent you before the Code Enforcement Board. ' Failure to comply with an Order of the Board can result in imposition of a fine of up to Two Hundred Fifty Dollars ($250.00) a day and the filing of a lien against your property. CODE ENFORCEMENT OFFICER Jeffrey L. Eckley TIME DATE: c:\wp51\citpofcc\not-ord.vio kpm/gm/1/24/94