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Home My WebLink AboutMar 1984 C!c✓ Ma4 a a, / f1 f CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA FILE COPY RULES OF PROCEDURE I. NAME '>z 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 k Canaveral , Florida. III. OFFICERS AND THEIR DUTIES A. The officers shall be a Chairman and a Vice-Chairman. The City Council shall provide a recording secretary. 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 1 serve in the absence of the Chairman 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. 1 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. C. Vacancies in the office of Chairman or Vice-Chairman shall be filled by the regular election procedure described above. Code Enforcement Board Rules of Procedure Page 1 of 6 ) V. MEETINGS A. Regular Meetings - Regular meetings shall be held at least every two (2) months . The Board may set meetings more frequently if necessary . Regular meetings shall be held on the Thursday immediately following the City Coun(dil' s second meeting of each month at 7 : 30 P.M. in the City Council Chambers, City Hall, 105 Polk Avenue, Cape Canaveral, Florida. B. Special Meetings - Special meetings may be called by the Yx I { 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 1 appointment by the City Council. E . Quorum - A quorum of the Board shall consist of four (4) or more members, and an affirmative vote of a majority of those present and voting 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 4 official . 1 Code Enforcement Board Rules of Procedure Page 2 of 6 } F. Voting - Voting shall be by roll call vote and shall be recorded by individual "aye" or "nay" . G. 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 from participating as a member of the Board in that matter . In either event, he must file a 4 4 Memorandum of Voting Conflict with the Secretary of the Board as prescribed by the Florida "Code of Ethics for Public Officers and Employees" (Chapter 112, Part III, 1 Florida Statutes) . H. Procedure - Parliamentary procedure in Board meetings shall be governed by Robert' s Rules of Order, Revised Edition, as amended, and by the Rules of Procedure contained herein. ) VI . ORDER OF BUSINESS 1 . Roll Call 2 . Minutes of previous meetings 3 . Reports ) 4 . Public Hearings 5 . Unfinished Business 6 . New business, other than public hearings 7 . Next meeting date 8 . 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 Statement of Violation and Request for Hearing with the Secretary of the Board. B. The Secretary shall assign a complaint number, and the City Manager shall review the Statement. If action is warranted, ) the Secretary shall present the Notice to the Board at its next meeting. Code Enforcement Board Rules of Procedure Page 3 of 6 � r C. After a case is set for hearing, the Secretary shall notify the alleged violator by a Notice of Hearing sent by Certified Mail , return receipt requested, or by personal service. A copy of said Notice of Hearing shall be sent to the Code Inspector involved. D. The Board shall review the Notice and set the case for r a hearing to be held at a subsequent meeting of the Board. Provided, however, that not less than twenty-one (21) days notice shall be given to an alleged violator prior to any hearing, unless the Board deems the violation to constitute an emergency under Chapter 162 . VIII. HEARINGS The following procedures will be observed in hearings before the board: 1. The Secretary shall read the Statement of Violation and 1 Request for Hearing. 2 . The respondent shall be asked if he wishes to contest the charges. 3 . All witnesses shall be sworn in. 4 . The respondent shall have the right to request that the witness be sequestered. 5 . The City shall present its case and respondent shall present his 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. PP Y• 8 . If legal counsel are present, they shall be permitted to present brief opening statements and closing arguments. 9 . The Board may, in its discretion, at any time during the 1 hearing, adjourn the hearing for a period not to exceed thirty-one (31) days and request further information from either party. Code Enforcement Board Rules of Procedure Page 4 of 6 1 1 1 1 r j 10. If a hearing is adjourned, at the time the hearing is reconvened, only those Board members who have been present 3 from the beginning of the hearing may participate in the 5 deliberations and decision-making process. 11. Upon completion of all the evidence, the Chairman shall ,Y close the hearing. 1 12 . The Board may only consider that evidence which is presented i at the hearing. i 1 13 . The Board shall immediately deliberate in open, public i session. 14 . The Board shall orally issue an Order which is approved i by a majority of the Board (at least four (4) members of the Board must vote) . The Order shall contain findings of fact and conclusions of law and state the affirmative i relief granted by the Board. Said Order shall be reduced i 4 to writing and mailed to the respondent within ten (10) i working days after the hearing. i i IX. ENFORCEMENT 4 A. After an Order has been issued by the Board with a scheduled adate of compliance, the Code Inspector shall make an inspection i to determine if the alleged violation has been corrected. B. The Code Inspector shall then issue an Affidavit of Compliance or Non-Compliance, which shall be filed with the Board. A i copy of said Affidavit shall be mailed to the violator. C. If the Code Inspector issues an Affidavit of Non-Compliance, a copy of an Order Imposing Penalty/Lien shall be mailed i to the violator by certified mail , return receipt requested, 1 or served upon the violator by the City process server. All fines shall be payable to the City of Cape Canaveral . 3 D. If a fine remains unpaid for a period of fourteen (14) i i working days , a certified copy of the Order Imposing Penalty/ 1 i Lien shall be recorded in the Public Records of Brevard 3 County, Florida, which shall thereafter constitute a lien 1 9 1 j Code Enforcement Board 3 Rules of Procedure I Page 5 of 6 1 1 1 1 \ ) • ® , } ) / } 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. ! E. The Board shall hold hearings as necessary to insure } the effectiveness of any Order issued by the Board. X. 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 dis- ) ) cussed and/or adopted, or re-adoped by the Board annually }) at its regular organizational meeting. } C. All meetings , regular or special, and all hearings 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 public examination, ) inspection and coyying in accordance with the provisions of the Florida "Public Records Law" (Chapter 119 , Florida } Statutes) . } \ ) } } } } } � } } � ) } } } } Code Enforcement Board } Rules of Procedure Page 6 of 6 } � \ �