HomeMy WebLinkAboutOrdinance No. 22-1983MICROFILMED 4 -15 -85
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)
Ord. No. 22 -83
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MICROFILMED 4.15.85
(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 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.
(1) 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.
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.
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
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Sec. 265.05 Jurisdiction.
(A) The
to hear and
in force in
limited to,
sign codes.
MICROFILMED 4 -15 -85
Code Enforcement Board shall have the jurisdiction
decide alleged violations of the technical codes
the City of Cape Canaveral, including but not
occupational license, fire, building, zoning and
(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.
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 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.
(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.
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M1CROFatMED 4-15-35
(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.
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.
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MICROFILMED 4 -15 -85
(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
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.
SECTION 3. This Ordinance shall take effect immediately
upon its adoption.
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MICROFILMED 445 -85
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 1st day of Navembex
, 1983.
Permission to Advertise: 10 -4 -83
First Reading 10 -18 -83
Posted: 10 -5 -83
Advertise& 10 -12 -83
Second Reading: 11-1-83
NAME
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CALVERT 1 1
HARRIS
NICHOLAS
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RUTHERFORD t X
WINCHESTER X it
Ord. No. 22 -83
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