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HomeMy WebLinkAboutOrdinance No. 24-1987MICROFILMED JUNE 89 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 dealing 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 Chapter 265, Code Enforcement Board, of the Code of Ordinances of the City of Cape Canaveral, Florida, is hereby repealed in its entirety and replaced with the following: CHAPTER 265 CODE ENFORCEMENT BOARD Sec. 265.01 Code Enforcement Board Created; Composition; Terms; Removal;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 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 ORDINANCE NO. 24 -87 PAGE 1 OF 6 MICROFILMED JUNE 89 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 MICROFILMED JUNE 89 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 MICROFILMED JUNE 89 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 recorded. Inspector witnesses testimony shall be under oath and shall be The Board shall take testimony from the Code and alleged violator and from such other 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 PAGE 4 OF 6 MICROFILMED JUNE 89 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 MICROFILMED JUNE 89 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 NAME HOOG KI DD LEE MARCHETTI MURPHY , 1987. Mayor YES NO X X X X X First R ding 8 -18 -87 Posted: 8 -19 -87 Adveer iia d; 8 -22 -87 Second F ead ng 9 -01 -87 ORDINANCE NO. 24 -87 PAGE 6 OF 6