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2007-R-12RESOLUTION NO. 2007-R-12 ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; MODIFYING AND RESTATING THE CITIZEN CODE ENFORCEMENT BOARD BY-LAWS; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, Florida, has made the following determinations: 1. During the June 21, 2007 Citizen Code Enforcement Board meeting, the Board recommended modifications to the existing By -Laws which would modify the meeting date (to the second Thursday) and modify the date for election of officers. 2. During the July 19, 2007 Citizen Code Enforcement Board meeting, the Board approved the modifications to the By -Laws. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. The City of Edgewater hereby approves the Citizen Code Enforcement Board By -Laws which we modified and restated pursuant to Exhibit "A", which is attached and incorporated herein. Section 2. All resolutions or parts of resolutions in conflict herewith be and same are hereby repealed. Section 3. This resolution shall take effect upon adoption. 2007-R-12 1 U After Motionto approve bXo,nrnwnman ti n ogtidsecond bycnnn ilwoman Rhode, , the vote on this resolution was as follows: AYE NAY Mayor Mike Thomas Councilman Debra J. Rogers Absent Councilman Dennis A. Vincenzi Absent Councilwoman Harriet B. Rhodes x Councilwoman Judy Lichter x PASSED, APPROVED AND ADOPTED this 20th day of August, 2007. For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Wolfe, Ansay & Kundid 2007-R-12 2 CITY COUNCIL OF THE CITY q � ED EW T � �LORIDA Mik'' omas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 20th day of August,2007underAgendahemNo.7H . CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD BY-LAWS ARTICLE L Official Name The official name of the this Board shall be the Citizen Code Enforcement Board of the City of Edgewater, Florida, hereinafter referred to as "CEB." ARTICLE II: Purpose and Intent The purpose and intent of these By -Laws is to set forth a uniform set of procedures whereby the City of Edgewater Citizen Code Enforcement Board may regulate the manner in which it elects officers, conducts meetings, and otherwise carries out its functions. The By -Laws to serve as a guideline in handling all affairs pertaining to the Edgewater Citizen Code Enforcement Board. ARTICLE III: Membership A. Voting Members and Appointments 1. The CEB shall have seven (7) voting members. Each member shall be appointed by City Council for a term of three (3) years and shall be subject to removal as set forth by City Council. The terms of appointment shall be staggered. 2. A quorum shall consist of five (5) members. All recommendations and actions of the Board shall require an affirmative vote of a majority of the members present. 3. Prior to appointment, prospective members shall submit a City application, stating therein a brief synopsis of their education, experience and reason for their interest in serving on the CEB. 4. To be eligible for appointment, a prospective member shall be a resident of the City of Edgewater. 5. No member of the CEB shall receive compensation for their service, provided, however, that members may be reimbursed for out-of-pocket expenses as approved by the City. B. Vacancies 1. During the term of appointment, should a member of the CEB change residence, to the extent he or she would not be eligible for appointment to the CEB, the member shall forfeit the office and it shall be deemed vacant. If a CEB member is absent for three (3) consecutive regular meetings, or is absent four (4) total meetings during any calender year, said member shall forfeit the office and it shall be deemed vacant. City Council may remove any member of the CEB from office at any time. 4. Any vacancy occurring during the unexpired tern of office of any member shall be filled by City Council. The vacancy shall be filled as soon as practical after it occurs. C. Voting Conflicts I. No member of the CEB shall vote upon any matter which would inure to his or her special private gain or loss, or any principle by whom he or she is retained, or by any relative or business associate. 2. No member of the CEB shall appear for or represent any person in any matter before the CEB other than him or herself. No past member shall appear before the CEB except when representing him or herself for a period of twelve (12) calendar months after his or her service has ended. ARTICLE IV: Election of Officers A. Chairman 1. The Chairman shall serve as the presiding officer at all meetings and hearings of the CEB and appoint any committees that are deemed necessary. The Chairman shall be elected by a majority of the voting membership at the annual organizational meeting in the month of Jute September and the term of office shall be one year. The Chairman shall be eligible for re-election. B. Vice Chairman 1. The Vice Chairman shall be elected by the CEB from among its regular members in the same manner as the Chairman and shall be eligible for re-election. The Vice Chairman shall serve as acting Chairman in the absence of the Chairman and at such times shall have the same powers and duties of the Chairman. In the event of death, resignation, or removal from office of the Chairman, the Vice Chairman shall perform the various duties until such time the CEB shall elect a new Chairman and Vice Chairman. C. Other Presiding Officers The members of the CEB may select an additional member to preside over the meeting(s) in the absence of the Chairman and Vice Chairman. D. Board Coordinator 1. The board coordinator shall be provided by the City and be a City employee. 2. The board coordinator shall prepare and distribute agendas, correspondence and minutes and shall establish and maintain files to ensure they are properly kept. All recorded meeting tapes shall be provided to the City Clerk. 3. Any correspondence prepared by a member of the CEB shall be provided to the board coordinator for distribution to the CEB members. E. Professional Support The City shall provide separate legal counsel for the CEB. It is preferred that legal counsel shall be an attorney other than the City Attorney, but the City Attorney may provide legal assistance in the absence of the CEB Attorney. He or she shall provide the necessary legal support to the CEB. ARTICLE V: Meetings/Hearings A. Regular Meetings Regularly scheduled meetings of the CEB shall be held the third second Thursday of each month. B. Special Meetings Special meetings or hearings of the CEB may be called by the Chairman. C. Requirements All meetings shall be open to the public, provide due public notice, follow Roberts Rule of Order and the Florida Sunshine Laws. ARTICLE Vl: Powers and Duties A. The CEB shall exercise the following powers and duties: 1. Adopt rules for the conduct of hearings. 2. Hold hearings and impose administrative costs, fines and various non -criminal, civil penalties to provide for an equitable, expeditious and effective process to achieve compliance and/or enforcement of the laws; Code of Ordinances, and statutes in force in the City. 3. Subpoena alleged violators and witnesses to the hearing. Subpoenas may be served by any law enforcement officer of the City or as otherwise permitted by law. 4. Subpoena evidence to the hearings. 5. Take testimony under oath. 6. Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance with City codes or ordinances. However, any orders that require the City to expend money or directs City employees to perform work, i.e., demolition or repair of a structure, must be approved by the City Manager or City Council before becoming effective. CEB members are prohibited from initiating Code complaints that may be presented to them in a hearing at a later date. B. Conduct of Hearing 1. Hearings shall be held once a month, but may be held more or less often as the demand necessitates. Minutes shall be kept of all hearings and all such hearings shall be open to the public. The City Clerk or their designee shall provide clerical and administrative personnel as may be reasonably required for the proper performance of his or her duties. At any hearing, the Board may continue any matter to a future hearing date. 2. Each case before the Board shall be presented by a code compliance officer, a member of the City administrative staff, the City Attorney, any Assistant City Attorney, or any special counsel. If the City prevails in prosecuting a case before the Board, it shall be entitled to recover all costs incurred in prosecuting said case and such costs may be added to the fine and become part of any lien. 3. The Board shall proceed to hear the cases on the agenda for the respective hearing. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, however, fundamental due process shall be observed and shall govem all proceedings. 4. At the hearing, the Board shall advise the alleged violator of the section of the code of which he or she is accused of violating and the nature of the violation. The Board shall first seek to determine whether or note the alleged violator admits the violation. If the alleged violator admits the violation, the Board shall hear such testimony and evidence as he or she deems necessary to determine the extent of the violation and appropriate fine amount. If the alleged violator denies that a violation has occurred, the Board shall hear first from the City and any City witnesses and evidence, and the alleged violator shall have the right to cross- examine City witnesses. At the close of the presentation of the City's case against the alleged violator, the alleged violator shall be permitted to present his or her evidence, testimony of other witnesses and his or her own testimony in his or her defense. The City shall have the right to cross-examine the alleged violator and his or her witnesses. The City shall have the burden of proving the violation by a preponderance of the evidence. At the conclusion of the hearing, the Board shall issue findings of fact based on the evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order may include a notice that it must be complied with by a specified date, that a fine may be imposed for noncompliance, and the cost of repairs may be included along with the fine under the conditions specified in section 21-121.04, Code of Ordinance, City of Edgewater, if the order is not complied with by the prescribed date. A certified copy of such order may be recorded in the public records of Volusia County and shall constitute notice to any subsequent purchasers, successors in interest or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest or assigns. If an order is recorded and the order is complied with by the date specified in the order, the City shall record an order acknowledging compliance of the code violation and satisfaction of the fine. A hearing is not required for the issuance of such an order acknowledging compliance. C. Appeals An aggrieved party, including the City, may appeal a final administrative order of the Board by certiorari to the Circuit Court of Volusia County. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Board. An appeal shall be filed within thirty (30) days for the execution of the order to be appealed. ARTICLE VII: Amendments The By -Laws may be amended at a regular or special meeting of the CEB, provided that a written notice shall have been sent to each member at least thirty (30) days in advance of the vote, which notice shall contain the proposed amendment. Adopted by the Board this day of , 2007. Linda Johnson, Chairperson Shontella Jackson, Board Coordinator