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80-O-80ORDINANCE NO. AN ORDINANCE TO BE ENOWN AS THE CITIZEN CODE ENFORCEMENT ORDINANCE; SETTING FORTH THE PUR- POSE OF SAID BOARD; PROVIDING FOR DEFINITIONS; PROVIDING FOR ORGANIZATION OF THE BOARD; PRO- VIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR THE CONDUCT OF HEARINGS; PROVIDING FOR POWERS OF THE BOARD; PROVIDING FOR FINES AND/ OR LIENS AND ENFORCEMENT THEREOF; PROVIDING FOR APPEALS; PROVIDING FOR NOTICES; PROVIDING - A SEVERABILITY CLAUSE; PROVIDING FOR THE RE- PEAL OF ORDINANCES AND RESOLUTIONSIN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Legislature, during its 1980 session, enacted the "Municipal Code Enforcement Board Act" which shall apply to all incorporated areas of every municipality in the state, and WHEREAS, the City Council of the City of Edgewater, Florida wishes to implement said Act by designating a Citizen Code En- forcement Board in accordance with said legislative, Act, NOW, THEREFORE, BE IT ENACTED BY THE CITIZENS OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. TITLE. This Ordinance shall be known and maybe cited as the Citizen Code Enforcement Ordinance. SECTION 2. CREATION. There is hereby created a Citizen Code Enforcement Board. SECTION 3. PURPOSE. The purpose of said Board shall be to promote, protect and improve the health, safety and welfare of the citizens of the City of Edgewater by providing equitable, expeditious, effective, and inexpensive method of enforcing the various occupa- tional license, fire, building, zoning, sign and related technical codes and ordinances presently in force or which may be hereafter adopted. SECTION 4. DEFINITIONS. (a) Codes - the standard building, electrical, gas, mechanical, plumbing, swimming pool, pdmps and irrigation and housing codes; together with ordinances applicable thereto; sign ordinance, zoning ordinance, subdivision ordinance, occupational licensing ordinance, animal control ordinance, fire prevention code, and other similar codes or ordinances which may be adopted in the future. (b) city Council - means the City Council of the City of Edgewater, Florida. (c) Code Inspectors - those persons, agents and representa- tives of the City of Edgewater whose duty it is to ensure com- pliance with the various codes and ordinances enumerated in this Ordinance. (d) City Attorney - the City Attorney or his Assistant City Attorney. (e) Enforcement Board - the Citizen Code Enforcement Board. SECTION 5. ENFORCEMENT BOARD: ORGANIZATION. (1) The City Council shall appoint a six member Citizen Code Enforcement Board along with one alternate member. Members of the enforcement board shall be residents of the municipality. Appoint- ments shall be made in accordance with the City Charter on the basis of experience or interest in the fields of zoning and building control. The membership of the enforcement board shall whenever possible, consist of an architect, a businessman, an engineer, a general contractor, a subcontractor, and a realtor. Any member or alternate member may be reappointed from term to term upon approval of the City Council. (2) The initial appointments to the enforcement board shall be as follows: (a) Two members and the alternate member shall be appointed for a term of 1 year. (b) Two members shall be appointed for a term of 2 years. (c) Two members shall be appointed for a term of 3 years. Thereafter, all appointments shall be made for a term of 3 years. Alternate member(s) of the enforcement board may attend all meetings of the board but shall act only in the absence, disability or dis- qualification of a regular member. In the absence of a member, the alternate shall be substituted. When an alternate member acts, the minutes of the board shall reflect the name of the absent, dis- abled or disqualified member in whose place and stead the alternate - 2 - is acting.. (3) The members of the enforcement board may be removed from office by the City Council for cause upon written charges and after public hearing. Any member who fails to attend 2 out of 3 success- ive meetings without cause and without prior approval of the chair- man of the Code Enforcement Board shall automatically forfeit his appointment, and the City Council shall promptly fill such vacancy. Vacancies shall be automatically filled by the alternate, which position shall then be filled by the City Council for the unexpired term(s) effected. (4) Meetings of the enforcement board shall occur no less frequently than once each month, but the enforcement board may meet more often as necessary. Special meetings of the enforcement. board may be convened by the chairman upon the giving of notice thereof to each other member of the enforcement board, including alternates. Unless waived by a majority of the board, notice of a special meet- ing shall be given at least 24 hours prior thereto. (5) The City Attorney, or his Assistant, when requested by the board, shall either be counsel to the enforcement board or shall represent the City in cases before the board, and, when authorized by the City Council, shall represent the City on any appeal to the Circuit Court, but shall not serve as counsel and present cases before the board. (6) The members of the enforcement board shall elect a' chairman and a vice-chairman. The presence of four or more members shall constitute a quorum of the enforcement board. The members of the board shall serve without compensation, but may be reimbursed for such travel, mileage and per diem expenses as may be authorized by the City Council. (7) The enforcement board shall be authorized to establish and adopt such internal rules and regulations as it shall deem necessary. SECTION 6. ENFORCEMENT PROCEDURE (a) It shall be the duty of the code inspectors to initiate - 3 - enforcement proceedings of the various codes and/or ordinances that each of them is responsible for. (b) Except as provided in subsection (c), if a violation of the code or of an ordinance enumerated herein is found to exist, the code inspector shall notify the violator and give him a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify the enforce- ment board and request a hearing pursuant to the procedures outlined in Section 7. (c) 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 procedure in Section 7 without notifying the violator. SECTION 7. CONDUCT OF HEARING (a) The enforcement board, at any hearing, may set a future hearing date. Minutes shall be kept of all hearings by the enforce- ment board, and, in addition, all hearings shall be taped and the tapes preserved for a period of five (5) years. All hearings shall be open to the public. It shall be the responsibility of the City Council to provide clerical and administrative personnel as may be reasonably re- quired by the enforcement board for the proper performance of its duties. A person brought before the enforcement board on an alleged violation shall have the privilege to challenge the right of a member of the en- forcement board to sit on the board in that particular case, if there is good cause to believe that the said board member will not be able to render an impartial decision. If the challenged board member re- fuses to remove himself or herself, then the board shall have the authority to vote on whether or not that particular board member should preside as a member of the enforcement board on that particular case. - (b) Each case before the enforcement board shall be presented by either the City Attorney, Assistant City Attorney, or by a member of the administrative staff of the City. (c) The enforcement board shall proceed to hear the cases on the agenda of that day. All testimony shall be under oath. The enforcement board shall take testimony from the code inspector and the alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed in the proceedings. (d) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidenoe of record, and con- clusions of law and shall issue an order affording the proper re- lief consistent with powers granted herein. The findings shall be by motion approved by a majority of those present and voting, except that at least three (3) members of the enforcement board must vote for the action to be official. The record shall be pre- served for presentation to the Circuit Court on appeal, if there is an appeal, and the same shall be subject to review. SECTION 8. POWERS OF THE ENFORCEMENT BOARD The 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. The subpoenas may be served by the Edgewater Police Department. (c) Subpoena evidence. (d) Take testimony under oath. (e) Issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance. SECTION 9. FINES AND/OR LIENS The enforcement board, upon notification by the code inspector that a previous order of the enforcement board has not been complied with by the set time, may order the violator to pay a fine not to exceed $500 for each day the violation continues past the date set for compliance. A certi- fied copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists. After one (1) year from the filing of any such lien which remains unpaid, the City Council may authorize the City Attorney to foreclose on the lien. In addition, if the fine is not paid within the one (1) year period of time, the City Attorney or his assistant may be authorized to proceed to reduce the said fine to a judgment before a court of competent jurisdiction. SECTION 10. APPEAL An aggrieved party, may appeal a ruling or order of the enforcement board by certiorari in the Circuit Court. - 5 - An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. SECTION 11. NOTICES All notices required by this Ordinance. shall be by certified mail, return receipt requested, or where mail wouldnotbe effective, by hand delivery by a code inspector. SECTION 12. SEVERABILITY CLAUSE Should any word, phrase, sentence, subsection or section be held by a court of competent jurisdiction to be held illegal, void, unenforceable, or unconsti- tutional, then that word, phrase, sentence, subsection or section shall be severed from this Ordinance and all other words, phrases, sentences, subsections and sections not specifically held to be illegal, unlawful, void, unenforceable, or unconstitutional shall remain in full force and effect. SECTION 13. REPEALING CLAUSE All ordinances or parts thereof that are in conflict with this ordinance be and the same are hereby specifically repealed and rescinded. SECTION 14. PUBLICATION BY TITLE This ordinance shall be published by title only at least one time in a newspaper of general circulation in the City of Edgewater, Florida, which said publication shall be at least seven (7) days prior to its final passage. SECTION 15. EFFECTIVE DATE This Ordinance shall take effect immediately upon its final passage as provided by law. The first reading of the above Ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida at the Regular meeting of said Council held on the Yay of i9'80', and approved as provided by law. The second reading of said Ordinance to be at a meeting of the City Council to be held on the _ day of . 1980. - 6 - ❑s Roll call vote as follows: ATTEST: Mayor ci (min FIRST READING: ��'\\II7 Counci an mull ma ou ci i an SECOND READING: Mayor City Cler Approved this day of 198 Mayor This Ordinance prepared by: JUDSON I. WOODS, JR. City Attorney Councilman Councilman Councilman Councilman - 7 -