Loading...
2005-R-01 /T / RESOLUTION NO. 2005-R-Ol A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA; APPROVING 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. Upon review and in an effort of consistency, it has been determined that the By-Laws for various Boards and/or Committees should be modified to create a uniform set of procedures to be utilized throughout the City; and 2. The Citizen Code Enforcement Board approved the By-Laws during their November 18, 2004 meeting. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. The City of Edge water hereby approves the Citizen Code Enforcement Board By- Laws which are attached hereto and incorporated herein as Exhibit "A". 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 All resolutions or parts of resolutions in conflict herewith be and same are hereby repealed.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. 2005-R-Ol 1 After Motion by V the vote on this resolution was as follows: and Second by AYE NAY Mayor Donald A. Schmidt Councilman James P. Brown Councilman Dennis A. Vincenzi Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter PASSED AND DULY ADOPTED this I Oth day of January, 2005. ATTEST: Susan J. Wadsworth City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP �ne 2005-R-01 2 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant/Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 1 Oth day of January, 2005 under Agenda Item No.6 EXHIBIT "A" CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD BY-LAWS ARTICLE I: Official Name The official name of the Board shall be the Citizen Code Enforcement Board of the City of Edgewater, Florida, hereinafter referred to as "CEB." ARTICLE 11; 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 I. 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 1 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 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. 2005-R-01 1 `r 2. If a CEB member is absent for three (3) consecutive regular meetings, or is absent i four (4) total meetings during any calendar year, said member shall forfeit the office and it shall be deemed vacant. 3. City Council may remove any member of the CEB from office at any time. 4. Any vacancy occurring during the unexpired term 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 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 The Chairman shall serve as the presiding officer at all meetings and hearings of the CEB and appoint any committees that are deemed necessary. 2. The Chairman shall be elected by a majority of the voting membership at the annual organizational meeting in the month of June and the term of office shall be one year. The Chairman shall be eligible for re-election. B. Vice Chairman 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. 2. The Vice Chairman shalt serve as acting Chairman in the absence of the Chairman and at such times shall have the same powers and duties of the Chairman. 3. 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. %W 2005-R-01 C. Other Presiding Officers j 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/flearings 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 VI: Powers and Duties A. The CEB shall exercise the following powers and duties: 1. Adopt rules for the conduct of hearings. 2005-R-01 3 j 2. Hold hearings and impose administrative costs, fines and various non -criminal, civil 6/ 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, most be approved by the City Manager or City Council before becoming effective. 7. 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 I. 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 Manager or his designee shall provide clerical and administrative personnel as maybe 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 govern 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 2005-R-01 4 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 CiWs 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 teal property, and the 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 , 2005. Linda D. Johnson, Chairman Shontella Jackson, Board Coordinator 2005-R-01 5 v .i Mayor Schmidt closed the public hearing regarding Ord. 2004-0-49. Councilman Brown asked what safety features they are planning to use to separate them from the park. Mr. Dacar stated burming the property along the adjacent roadway, Carol Ann Drive. They are looking at doing some heavy landscaping and some burming along that edge. Councilman Brown mentioned a fence. Mr. Dacar feels they could do it with landscaping a lot better. He stated that area is open and it is a very pretty area. He is trying to keep the area open and keep it the way it looks. Councilman Brown spoke of not having a lot of people in there during the week but there will be people there on the weekends during the day. Mr. Dacar stated he would be working with people on the Planning Board to address that. Mr. Dacar stated they are closed on Saturday and Bingo is the only thing on Sunday. Councilwoman Lichter moved to approve Ord 2004-0-49 David Dacar reauestina amendment to the Comprehensive Plan Future Land Use Map to change 4 95+ acres of land located at 820 W. Park Aven e from Medium Density Residential to Commercial second by Councilman Vincenzi. The MOTION CARRIED 5-0. Due to there being no comments, Mayor Schmidt opened and closed the public hearing regarding Ord. 2004-0-50. Councilwoman Rhodes moved to approve Ord 2004-0-50 David Dacar reguesting amendment to the Official Zoning Map to chanae 4 95+ acres of property located at 820 W. Park Avenue from MH-1 (Mobile Rome Park) to B-3 (Highway Commercial)second by Councilman rown The MOTION CARRIED 5-0. F. Res. No. 2005-R-01, amending the Code Enforcement Board By-laws by changing the meeting time to the second Thursday at 2:00 p.m. on each month Paralegal Matusick read Res. 2005-R-01 into the record. City Manager Hooper made a staff presentation. Page -9- Council Regular Meeting January 10, 2005 14W ., Councilwoman Rhodes expressed concern with the citizens that have to attend the meetings and their having to leave work. City Manager Hooper commented on this being a court system. It would be no different than going to court. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Res 2005-R-01 amending the Code Enforcement Board By-laws by chanaina the mee ina time to the second Thursday at 2.00 P.m, on each monthsecond by Councilwoman Lichter. The MOTION CARRIED 5-0. 7. BOARD APPOINTMENTS A. Firefighters' Pension Fund Board - affirming Board's reappointment of Gary Butt for an additional 2-year term Councilyoman Lichter moved to reappoint Gary Butt to the Firefiahers' pension Fund Board second by Qouncilyoman Li h er The MOTION CARRIED 5-0. B. Volusia County Growth Management Commission - Mayor Schmidt's appointment of Darren Lear to fill a vacated seat due to an expired term Councilwoman Lighter moved to appoint Darren Lear to the Vol sia County Growth Management Commission Second by Councilwoman Rhodes. The MOTION CARRIED 5-0. B. CONSENT AGENDA There were no items to be discussed on the Consent Agenda at this time. 9. OTHER BUSINESS A. Tree Permit - Loren Felts, 1422 Pine Tree Drive, requesting a Tree Permit to remove one (1) 37 inch historic live oak tree from his property Page -10- Council Regular Meeting January 10, 2005