2003-O-16
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'rlRDINANCE NO. 2003-0-16
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA; REPEALING ARTICLE X (CODE
COMPLIANCE PROCESS) IN ITS ENTIRETY AND
ADOPTINGIENACTING A NEW ARTICLE X (CODE
COMPLIANCE PROCESS) OF CHAPTER 21 (LAND
DEVELOPMENT CODE) OF THE CODE OF ORDINANCES,
CITY OF EDGEWATER, FLORIDA; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Pursuant to a Workshop held by the City Council on May 5, 2003, the Council desires
to establish a new method of enforcing its codes and ordinances by establishing a citation-fine
/spe,e,ial ma5tG code compliance system.
2. The provisions of this ordinance are authorized pursuant to Article VIII, Florida
Constitution; Chapter 162, Florida Statutes and Chapter 166, Florida Statutes.
3. Section 162.03, Florida Statutes, specifically authorizes local governments to
establish spe,cial mastG code enforcement systems for the enforcement of codes and ordinances.
4. The City Council of the City of Edge water desires to establish a citation-fine /spe,cial
ma5t(,l code enforcement system to provide a more efficient and expedient method of enforcing its
codes and ordinances.
5. The, City Council of thc Ciry of Edge,t'\iatel dC5ile5 that undel the 11e,t'\i eitatioh-
find 5pccial mastel (,Od~ cnfol ee,me,nt S) 5tem e5tab li5hcd b) the 01 dinance, 5 pecial maste15 shall ha v e
the atrthOIity to eon5ide,1 all matte15 that a code enfolcement boald t'\iould be anthoIized to con5idel.
~ 6. The City Council finds this Ordinance will serve to protect the general health, safety,
and welfare of the citizens of the City of Edgewater.
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NOW, THEREFORE~E IT ENACTED by the City Coun~of the City of
Edgewater, Florida:
PART A.
REPEAL ARTICLE X (CODE COMPLIANCE PROCESS) OF
CHAPTER 21 (LAND DEVELOPMENT CODE) OF THE CODE OF
ORDINANCES, CITY OF EDGEW A TER, FLORIDA.
Article X (Code Compliance Process) of Chapter 21 (Land Development Code) is
hereby repealed in its entirety:
ARTICLE X
CODE COMPLIANCE PROCESS
SECTION 21-126 - ENFORCEl\IENT PROCESS
21-120.01 - Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . --*=t
21-120.02 - Enforcement Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . --*=t
21-120.03 - Conduct ofIIcating ............................................... ~
21-120.04 - Notices .........................................................-7f=4
21-120.05 -AdministtativcPines, Costs of Repairs ................................~
21-120.06 - Liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~
21-120.07 - Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~
21-120.08 - Effect on Pending Projects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~
Section~ 21-121 tlllough 21-129 lesened EOl IutUle u~e.
ARTICLE X
CODE COMPLIANCE PROCESS
SECTION 21-126 - ENFORCEMENT PROCESS
21-126.61 - PUlpo~e
The purpose of this Article is to promote, protect and improve the health, safet, and \l\idfat~ of the
citizens of the City by empo\l\iering the Code Enforcement Doatd (hereinafter rdeI1~d to as "CED")
to impose, administrative costs, fines and va1ious non-criminal pcnaltks and to provide fOl an
equitable, expeditious and effeetivc process to achieve compliance atld/or cnforcement oftltc la\l\is,
Codes of Ordinances and st.:rttltcs in force in the City. Nothing in this Article shall prohibit or limit
the City from enforcing the la\l\is, Codes of Ordinances all.d st<"tttrtes in force in the City by any other
meam available. The provisions of this Article ate meldy an additional means of obtaining
compliance.
The follo\l\iing Cit, staff members ate hereby empo\l\iercd to establish procedures f01 the
implementations of the prOvisions of this Article - City Manager, City Attorney, Code Enforcement
Doatd Attorney and Chid of the Pire-Rescue Department. The Platming Department Director, Cod~
Compliance officers, Duilding Official, Duilding Inspectors, Life Safety Inspectors, Police Officers
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and any other City staffmembe~lo meets the requirements of Section 1~4(2), PloIida Statutes.
21-128.82 - EnfoH~emellt PI ocedul e~
a. Complaints concerning possible code violations may be received by telephone, voice mail,
written eOIIespondence, direct citizen contact, refcIIals flom other City departments or
govemmental agencies or by the director obser vation by a code inspector. Upon notification
of such complaint, a code inspector will determine the location of the alleged violation and
investigate the natme ohhe complaint. Ihhe complaint is reccived by someone othCI than
a code inspector, the code inspector or staff member assisting the code inspector will ask for
the name, address and phone number ofthc person making a complaint. PCIsons not wishing
to reveal that infoul1ation will be listed as an "anonymous complaint".
b. A code inspeet01 will attempt to determine if a code violation exists. Obser vations will be
made flOm public property unless permission is scemed ftom an owner or tenant to access
pri v ate property. The code inspect01 will make ever) effort to personally contact the owner
or tenant of the property where the alleged violation exists. If personal contact is not
possible, a "courtesy notice of violation" describing the violation and which ineludes a
request f01 COllective action and sets a reasonable time frame for such action will be left at
the property. If the owner or tenant of the property where the alleged violation exists refuses
entr) to the code inspector, the inspector will leave the property and report the incident to
their immediate super visor. Dates and times of such pr opcrty visits will be documented.
e. If the code inspector has reason to belie v e a v iolation or condition causing the violation
represents a sCIious threat to public health, safety and welfare 01 if the violation is ineparable
01 inevCIsible in nature, the code inspector shall make a reasonable effort to notify the
alleged violator and may immediately request a hearing to be scheduled.
d. Pollow up inspections will be performed in a timely mannCI in accordance with the time
frame set forth in the "courtesy notice of violation". The code inspector will make a
determination if eoneeti ve action was appropriately taken 01 whether the violation was
other wise brought into compliance.
e. Ifthe code inspect01 determines that the coneeti ve action was appropriately taken or whether
the violation was othCI wise brought into compliance, sue,h ae,tion taken ineluding the date
and time of verification, will be included in the case file. If the violation continues bGyond
the time frame set forth in the "e,omtcsy notice, of violation", staff will prepare a "!lotie,e of
violation" to be sent, viaeCItifiedmail, or hand delivered to the owner/tenant of the property.
The "notice of violation" will state the see,tion of the Code that is in violation and the
collee,tive ae,tion needed to bring the violation into e,omplianee. The "notice of violation"
will state the time period in whie,h the violation must be eOllee,ted or the alleged violator will
be required to appear before the ne-x'! scheduled CED he-aring. The date, time arId location
of the meeting will be included in the notice. The "notice of violation" shall place the
alleged violat01 on notice that failure to ae,hie-ve- compliance ma)' re-sult in fines and the
recovery of costs associated with those fines as well as the possibility oflicns placed against
the property.
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f. The code im;pector shallre-inspect the property <rltGl the prescribed time period oftime for
cOllective action set forth in the "notice of violation". If the code inspector dctermines that
the property has not been brought into compliance, thc code inspector may take photographs
of the v iolation or gather other e v ider1ce indicating that the v iolation still exists. Staff ~ ill
then scheduk the alleged violator for appeantllcc before the next schedukd CED meeting.
g. The code inspector and stltff ~ill prepare the case fLlr presentation bcf01e the CED. This
shall include the preparation of a "notice of violation hearing" to be sent to the alleged
violator, by cCl1ified mail ~ith retmn receipt requested, informing the alleged violator of the
date and time of the CED healing. This "notice of violation hearing" shall be sent no less
than fLlurteen (14) days prior to the hearing before the CED.
h. If the rctuIll receipt from the certified mailing of the "notice of violation hearing" has not
beenretuIlled to the Community SCl vices Division, the property ~ill be postcd with a "noticc
of v iolation hearing" no kss than ten (10) day 5 prior to the scheduled CED meeting.
1. The agenda f01 the CED meeting may be advertised in a local newspaper of general
circulation prior to the mceting.
J. The CED members must receive the meeting agenda and packet, eithCI by mail 01 hand
dclivCIcd, no later than seven (7) days prim to the meeting.
k. The code inspector will, on the day of the scheduled meeting hearing, reinspect thc violation
items and rep011 the findings to the CED.
1. The CED ~ill mcet on the third Thmsday of each month at 5.JO p.m. in the Edge~ater
Community Center located at 102 North RivCIside Drive, unless determined other~ise by
the CED. All meeting dates of the CED will be advCl1iscd in a local ne~spapeI.
m. If a repeat violation meeting the criteria ofScction 162.04(5), rlorida Statutcs, is found, the
code inspector shall notif) the violat01 but is not required to give thc violator a reasonable
time to C011 ect the v iolation and shall schedule consideration ofthe matter b, the CED at tltc
next schedukd mceting. The case may be presented to the CED evell if the repeat violation
has been cOllected prior to the meeting and the notice to the violator shall so state.
n. Persons that may be charged ~ith an alleged violation may include.
1. The o~ner, agcnt, lessor, lesscc, contractor or any othcr pCIson using the land,
stIUctme or premises ~here a violation has occtllred,
2. Any person ~ho kno~ingly commits, takes part in or assists in any such violation,
or
J. Any person vvho maintains any land, stIUctme or premises in t"vhieha violation exists.
o. If the owner of property ~hich is subject to an enf01ccment proceeding before the CED
transfers o~nership of such property bet~een the time the initial notice ~as prOvided and thc
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time of the healing, suc~wner shall provide the notices asrequ~ by Section 162.0G(5),
PloIida Stattttcs.
21-126.65 - Conduct of IleAl ing
a. Thc code inspeetoI responsible for the CMe shall present the CMe, before the CED. The code
inspcctor mc1)' scck Msistance of City staff in v 01 v cd in the eMC and the CED attorney.
b. The, CED shall take sworn testimony flom all palties and mc1)' hear any additional relcvarlt
infoImation relating to the e,asG. All testimony shall bc recorded. Pormal mles of evidence
shall not apply, but fundanlCntal due pIocess shall be obsGI v cd arId shall go v ern the hcar ing
pIoceedings.
c. The alleged violator has the right to appeal in pGIson befoIe thc CED to testify personally and
present other evidence relevant to the matter under consideration by the CED, to subpoena
witnesses to testify at the hearing and to be represented before the CED by legal counsel of
his own choosing at his own expense.
d. At the conelusion ohhc hearing, the CED shall issue findings of fact base,d on evidcnce of
rceord arId conclusions oflaw and shall issue an order affording compliarlce in accordance
with powers granted in Scction 21-8G.
e. The ordo will specify a date by which the violation must be conected and that a fine mc1)'
be imposed and M well as an additional chalge to the ownG for any costs illGtlIIed by thc
City to bring the violation into compliarlee in the cvcnt such compliancc is not met by a
specific date.
f. A certified copy of such ordcr shall be rceorded in thc public rccords of V olusia County and
shall constitute noticc to any subsequent pmehMcrs, sucecssors in interest or assigl15, and
tenants of the properry where the violation hM been cited.
g. If arl order is recorded in the public records of V olusia County in accordance with this Article
and the ordG is complied with by the specified date, the CED shall issue an ordGI
acknowledging compliance that shall aho be recorded in the public records. A sepal ate CED
hearing is not required to issue such an order acknowledging compliance.
h. Ifthe City prevails in prosecuting a eMe before the CED, the City shall be erttitled to reco vcr
all costs ineuned in prosecuting said case.
21-126.64 - Notice5
a. All notices required by this Article will be provided to the alleged violator by certified mail
with return receipt requested, by hand deliver) by a code inspector or by leaving the notice
at the violator's usual place of residence with any person residing therein who is at leMt
eighteen (18) year s of age arId has been informed of the contents of the notiec. Evidence that
an attempt hM been made to mail or hand deli ver the notice shall be sufficient to show that
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the notice requirement~ave been met, without regald to ~h~r the alleged violator
rccd ved ~mch notice.
b. In addition to providing notice as set forth above, n\'ltiee ma, als\'l be ser ved by publicati\'ln
or posting as follo~s.
1. Such 110tiee shall be published once during each ~eek for f\'lUl (4) eonsecuti ve ~eeks
in a ne~spaper of general circulation in Volusia County ~hich meets the
requirements as prescribed by ChaptCI 50, Plorida Stattrtes, for legal and official
advertisements. Proof of publication shall be made as prOvided in accordance ~itll
Sections 50.041 and 50.051, Plorida Statutes.
Co In lieu of publication as described in subsection (a), such notice may be posted fot at least
ten (10) da,s in at least t~o (2) locations, one of ~hich shall be the property upon ~hieh the
violation is alleged t\'l exist and the other bcing udge~ater City Hall. Proof of posting shall
be by affidavit of the person posting such notice and shall include a copy of the notice posted
and the dates, times and locations of posting.
d. Notice by publication or posting may lUn eoneunently t'Vith, or may follo~, attempts to
provide notice in other nuumCIS described in this section.
21-128.85 - Admini~tIatne Fine~, Costs ofRepahs
a. The CuD, upon notification by a code inspectot that an order of the CuD has not been
complied ~ith by the set time" or upon finding that a repeat violation has been committed,
may order the violator to pay a fine in an amount and in accordance ~ith the prOvision of
Section IG2.09, Plorida Statutes.
b. In addition, the CuD may notify the City Manager if an ordCI to comply is not completed
~ithin the specified time frame. The City Manager may atrthoriLe reasonable repairs ~hieh
arc required to bring the property into compliance. These eosts ~ill be charged to the
violator. Making such repairs docs not create a continuing obligation on the part of the City
to make other repairs or to maintain the property and docs not create any liabilit, against the
City fot any damages to the property if such repairs t'Vere completcd in good faith.
e. In determining the amount of the fine, if any, the CED ~il1 consider the follo~ing faetots.
1. The gravity of the violation,
2. Any actions taken by the violatot to makc coIIections, and
J. Any previous violations committed by the violator.
d. The CuD may reduce a fine imposed pUlsuant t\'l this Article, unless there is a licn imposed
relating to the fine. In such cases, the CuD or Cit, Council may executed a lien satisfaction
or lien rclease document.
e. A fine imposed pursuant to this Article shall continue to accrue until the violator comes into
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compliance or until jud~ent is rendel{.:d in a suit filed pmsnant ~his section, whiehevel
oeem 5 filSt.
f. A certified cop, of an ordCl imposing a fine or a fine plus repair costs, shall be recorded in
the public records of Volusia County and thereafter constitute a lien against the land on
which the violation exists and upon any othel real or personal propelty owned by the
violator. City staff will notify the owner of such lien.
g. Upon petition to the Circuit Court, such order shall be enforceable as ifit is a court judgment
by the Comlty Sheriff, including lev) against the personal property of the violator but such
ordcr shall not be deemed a court j udgment except fol enfoleement pmposes.
21-120.06 - Liens
a. A lien at ising fr om a fine imposed pm suant to this Article rnns in fa v or of the City, the CED
or the City Council, and eithcr may execute a satisfaction or releasc of the lien.
b. After tInce (3) months flom tile filing of any lien which lemains unpaid, the City Comlcil
may authorize the City Attorney to foreclosc on the lien or to file suit to rceover a money
judgment for the atnount ofthc lien plus acelued intcrest.
c. No lien cleated pmsuant to the provisions of this section may be foreclosed on rcal property
which is a homestead undel Section 4, Article X of the State Constitution. The mon9
judgment plovisions of this section shall not apply to real property or personal which is
COvered undCI Section 4(.1), Article X of the Statc Constitution.
d. The dmation atld continuation ofliens shall be in accordance with Section IG2.10, rlorida
Statutes.
c. In an action to foreclose on a lien for a money judgment, the pIe v ailing party is entitled to
reco ver all costs, including a leasonable att0lIlC}" 5 Ke that ale inculIcd dming that action.
f. The City shall be entitled to collect all costs incmred in recording an satisfy ing a valid lien.
g. The Clerk is authorized atld cmpowered to issue certified Gopies oftllc CED's rGcords.
h. Actions from money judgmcnts under this Article may be pursued on fines levied aftel
October 1, 2000.
21-120.07 - Appeals
An aggrieved party may appeal the dccision of the CED to the City Council. rollowing
consideration by the City Council, an aggrieved pat1y, including the City, may appeal anordcr of the
CED to the Circuit Court in the folm an manner proscribed b, the Court. Such an appeal shall not
be a hearing de novo, but shall be limited to appcllate review ofthe record created before the CED.
An appeal shall be filed in writing to the CED within thirty (30) days of exeGution ofth(, order to be
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appealed.
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21-128.88 - Effect 011 Pelldhlg PI oject~
The City ManagCl may suspendcom;iderationofcmy application fot devclopmcnt appro val regalding
property that is the subjcet of a codc cnfotccmcnt action. Such suspension shallrcmain in effect
until thc v iolation is in compliance and any outstanding fine/lien is satisfied.
Sections 21-121 tlllough 21-129 lesell'ed fOI fuhue use.
PART B.
ENACTMENT OF A NEW ARTICLE X (CODE COMPLIANCE
PROCESS) OF CHAPTER 21 (LAND DEVELOPMENT CODE) OF
THE CODE OF ORDINANCES, CITY OF EDGEW A TER, FLORIDA.
Article X (Code Compliance Process) of Chapter 21 (Land Development Code) is
hereby enacted to read as follows:
ARTICLE X
CODE COMPLIANCE PROCESS
SECTION 21-120 - GENERAL PROVISIONS
21-120.01 - Intent
W It is the intent of this article to promote. protect, and improve the health. safety and welfare
of the citizens of the City by providing an equitable. expeditious. effective and inexpensive
method of enforcing the various codes of the City.
ili2 The provisions of this article are intended to provide an additional and supplemental means
of enforcing the laws. Codes of Ordinances and statutes in force in the City. and nothing
contained herein shall prohibit the City from enforcing its codes or ordinances by any other
means available.
(0 All active code enforcement complaints for which a notice of violation has been issued prior
to the effective date of this Ordinance shall continue to be prosecuted through the code
compliance process in effect at the time the notice of violation was issued. All pending: code
enforcement complaints in which a notice of violation has not been issued and all future
complaints shall be prosecuted through the citation-fine /special master code compliance
system created herein.
21-120.02 - Definitions
The following words. terms and phrases. as used in this article. shall have the meanings
respectively ascribed to them in this section. unless the context clearly indicates otherwise:
City Attornev means the City Attorney of the City.
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Citv means City of Ed~ater, Florida.
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Code means the Code of Ordinances, the Land Development Code. and all other ordinances
of the City of Edgewater.
Code Compliance Officer shall mean the City Manager. A.~sistant Ciry Manag.Gr. Chief
Duilding Official. Ekettical Inspcctor. Code Compliance Supervisor. Code Compliance Officer(s).
.rire Safcn. Inspcetor(s). Law Enforcement Officer(s), and any othel person as designated in writing
by the City Manager.
Law Enforcement Officer shall mean any person who is elected. appointed. or employed full-
time by a municipality or the state or any political subdivision thereof, who is vested with authority
to bear arms and make arrests: and whose primary responsibility is the prevention and detection of
crime or the enforcement of penal. criminal. traffic. or highway laws of the state.
Person means any natural person, corporation, partnership, or other entity.
Reveat violation means a violation of a provision of a code or ordinance by a person who has
previously been found to have violated or who has admitted violating the same provision within five
(5) years prior to the violation. notwithstanding the violations occur at different locations.
21-120.03 - Special :Mastel Code Enforcement Board ("CEB")
{ill The City hereby establishes a citation-fine /special master code compliance process for the
enforcement of its various codes. In order to avoid any potGntial conflict. the special master
may not be a resident of the City. own real property in the CitY' or own a business with a
location in the City. Notwithstanding. one or more ofthcsc requilcmcnts can be waivcd by
the City Council. Special mastGIS may be a retired iudg.c 01 an activc or retired lawyer. One
or more spccial mastGIS shall be appointed h~ the Ciry Council based upon the ioint
rccommendation of the Cit~ Attorney and City Manager. Special masters shallser ve at the
pkastl1c of the City Council and may be removcd at anytime with 01 withom came hy the
City Council. The Code Enforcement Board ("CEB") shall have the power to impose,
administrative costs. fines and various non-criminal. civil penalties and to provide for an
equitable. expeditious and effective process to achieve compliance and/or enforcement ofthe
laws: Code of Ordinances and statutes in force in the City. Nothing in this Article shall
prohibit or limit the City from enforcing the laws. Codes of Ordinances and statutes in force
in the City by any other means available. The provisions of this Article are merely an
additional means of obtaining compliance.
ili2 A special mastCl, The Code Enforcement Board shall have the power to:
.L. Adopt rules for the conduct of hearings.
2. Hold hearings and assess fines against violators of the various codes of the City.
1:. 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.
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2:. Take testimonv'Mider 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.
SECTION 21-121- ENFORCEMENT PROCESS
21-121.01 - Enforcement Procedure
ill It shall be the duty ofthe code compliance officer to investigate complaints of violations of
City codes and to initiate enforcement proceedings relative thereto. Spedal masteu; The
CEB shall not have any independent authority to conduct their investigation of such
complaints or to initiate enforcement proceedings.
ili2 Except as provided in subsections (e) and (f) of this section. if a violation of a code is found.
the code compliance officer shall notify the violator by issuing a notice of violation in
accordance with the requirements of Section 2l-l2l.02(a). If. upon reasonable investigation.
a code compliance officer has reasonable cause to believe the violation continues to exist
beyond the time specified for correction in the notice. the code compliance officer shall issue
a citation to the violator in accordance with the requirements of section 2l-l21.02( c ).
ill The violator may elect to pay the fine set forth in the citation at any time prior to the special
mastG hearing. If the violator elects to pay the fine prior to the special master hearing. it will
be deemed as an admission of the commission of the violation. and an order may be issued
bv the special mastel Board to that effect. Ifthe violator does not pay the fine set forth in the
citation prior to the specialll1MtGl hearing. the matter will be heard before the speciallllMtcl
Board. Further. if a violator fails to appear at the hearing to contest the violation. the violator
shall be deemed to have waived his or her right to contest the violation. If the violation is
corrected and then recurs. or if the violation is not corrected by the time specified for
correction in the notice of violation. the case may be presented to the special master Board
even if the violation has been corrected prior to the hearing.
@ It is the responsibility of the violator to notify the City that the violation has been corrected.
The violation will be deemed to have continued until the code compliance officer has
determined that the violation has been corrected.
ill If a repeat violation is found. the code compliance officer shall notify the violator and advise
him or her of the nature of the repeat violation. but is not required to give the violator a
reasonable time to correct the repeat violation. The code compliance officer shall. upon
notifying the violator of a repeat violation. issue a citation to the violator in accordance with
the requirements of section 2l-l2l.02(c). The violator may elect to pay the fine at any time
prior to the spcGial master hearing. However. the case may be presented to a spedal mastcl
the Board even ifthe repeat violation has been corrected prior to the hearing and the special
master Board may determine and impose. as costs against the violator. reasonable
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enforcement fees incurr~by the City. The repeat violator may dllfose to waive his or her
rights to this hearing and pay said costs as determined bv the special mastG Board. The
spccial master Board shall also have the authority to levy a per day fine beginni~he day
that the violation was first observed by the code compliance officer.
ill If a code compliance officer has a reason to believe a violation presents a serious threat to
the public health, safety and welfare, or ifthe violation is irreparable or irreversible in nature,
a code compliance officer shall make a reasonable effort to notify the violator of the same
and may immediately issue a citation and schedule the matter for a hearing before a spccial
mast~r the Board.
{g} If the owner of property which is subiect to enforcement proceeding before a special mastG
the Board transfers ownership of such property between the time the notice of violation was
served and the time of the hearing before the special master Board, such owner shall:
ill Disclose, in writing, the existence and the nature of the proceeding to the prospective
transferee.
ill Deliver to the prospective transferee a copy of the notices, citations, and other
materials relating to the code enforcement proceeding received by the transferor.
ill Disclose, in writing, to the prospective transferee that the new owner will be
responsible for compliance with the applicable code and with orders issued in the
code enforcement proceeding.
ill File a notice with the code compliance officer of the transfer of the property, with the
identity and address of the new owner and copies of the disclosures made to the new
owner, within five (5) days after the date of transfer.
A failure to make the disclosures described in subsections (1), (2) and (3) before the transfer
creates a rebuttable presumption of fraud. If the property is transferred before the hearing
before the special master ~, the proceeding shall not be dismissed, but the new owner
shall be provided a reasonable period of time to correct the violation before the hearing is
held.
au Each day that a violation exists shall constitute a separate violation for the purpose of
assessing a fine by a spccial mastG the Board.
ill All fines imposed pursuant to this article shall be paid to the City through its Finance
Department and shall be paid by cash or check with coins onlv being accepted for any
amounts which may require change to pay the exact amount.
21-121.02 - Notice of Violations: Repeat Violators: Citations
Uti Notice of Violation. Prior to issuing a citation, a code compliance officer shall provide notice
to the person that the person has committed a violation of a code and advise him or her of
the nature of the violation and shall give the violator a reasonable time to correct the
violation. Such reasonable time period shall be no more than thirty (30) days. However, a
"fire safety inspector" as that term is defined in Section 633.052, Florida Statutes, shall
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provide the violator a rhmimum time period of forty-five (45) d;y1 to correct the violation
except for maior structural changes. which may be corrected within an extended adequate
period of time. A safety violation as per Florida Fire Prevention Code may be ordered to
comply in less than forty-five (45) days.
ili2 Repeat Violators. A code compliance officer does not have to provide a repeat violator with
a reasonable time period to correct a repeat violation prior to issuing a citation. and may
immediately issue a citation if a repeat violation is found to exist or if there is reason to
believe that the violation presents a serious threat to the public health. safety or welfare. or
if the violation is irreparable or irreversible.
if} Citations. A citation issued by a code compliance officer shall be in the form prescribed by
the City and shall contain:
ill The date and time of issuance of the citation.
ill The name and address of the person. if known. to whom the citation is issued.
ill The date and time the violation was first observed.
ill The section of the code that has been violated and a description of the nature of the
violation.
ill The applicable civil fine prescribed in Section 21-121.05.
@ The necessarY corrective action.
ill The name. work phone number and work address of the code compliance officer.
00 That it is the responsibility of the person to contact the City for an inspection when
the violation is corrected and that the violation will be deemed to be in existence until
the code compliance officer determines that the violation has been corrected.
ill The procedure for the person to follow in order to pay the applicable civil fine or to
contest the citation: and. that if the person elects to pay the fine. it will be deemed as
an admission of the commission of the violation.
Q..Q} That if the person fails to pay the fine. the violation will be heard before a special
mastcr the Board. and the date. time and place that said hearing will be conducted.
ilD A conspicuous statement that if the person fails to appear at the special mMtel
hearing to contest the violation. the person shall be deemed to have waived his or her
right to contest the violation and that. in such case. an order may be entered against
the person for an amount up to the maximum civil fine in accordance with section
21-121.05.
@ After issuing a citation to an alleged violator. the code compliance officer shall deposit the
original citation in a file for the special master Board. and shall deposit one copy thereof with
the Citv's Finance Director.
21-121.03 - Conduct of Hearing
ill Special mastcr heatings 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 special master hearings and
all such hearings shall be open to the public. The City Manager or his designee shall provide
clerical and administrative personnel as may be reasonably required for the proper
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2003-0-16
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performance of his or h~uties. At any hearing, a special maste~e Board may continue
any matter to a future hearing date.
ilil Each case before a special masteI the Board shall be presented by a code compliance officer,
a member of the City administrative staff, the City Attorney, any Assistant City Attornev, or
any special counsel. If the City prevails in prosecuting a case before a speciallllastcl the
Board, it shall be entitled to recover all costs incurred in prosecuting said case and such co~
may be added to the fine and become part of any lien authorized under section 21-121.04.
ill The special mast"I 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.
@ At the hearing, the special masteI Board shall advise the alleged violator of the section of the
code of which he or she is accused of violating and the nature ofthe violation. The special
mastGI Board shall first seek to determine whether or not the alleged violator admits the
violation. If the alleged violator admits the violation, the special master 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 special master 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.
ill At the conclusion of the hearing, the special masteI 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 if the order is not complied with bv the prescribed date. A certified copy
of such order may be recorded in the public records of V olusia 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 ofthe
fine. A hearing is not required for the issuance of such an order acknowledging compliance.
21-121.04 - Administrative Fine and Liens
ill Order imvosing fine. An} special mastGI The Board, upon notification by a code compliance
officer that a previous order of a special masteI ~ has not been complied with by the
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2003-0-16
13
prescribed time or upo~nding that a repeat violation has been ~nmitted. may order the
violator to pay a fine in an amount specified in this article for each day the violation
continues past the date set by the 5pccial ma5tel ~ for compliance: or in the case of a
repeat violation. for each dav the repeat violation continues to exist. beginning with the date
the repeat violation is found to have occurred by the code compliance officer. Further. if the
violation is a violation described in section 21-121.01(f). the 5pccial mMtcr ~ shall
notify the City Manager or City CounciL which may authorize and make all reasonable
repairs that are required to bring the property into compliance. and the reasonable cost of
those repairs may be charged against the violator along with any fine imposed pursuant to
this article. Making such repairs does not create a continuing obligation on the part of the
City to make further repairs or to maintain the property and does not create any liability
against the Citv for any damages to the property if such repairs were completed in good faith.
If a finding of a violation or a repeat violation has been made as provided in this part. a
hearing shall not be necessary for issuance of the order imposing the fine. If. after due notice
and hearing. the 5pcdal mMtcr ~ finds a violation to be irreparable or irreversible in
nature. the 5pcdal ma5tcl Board may order the violator to pay a fine as specified in
subsection (b).
(Q} Amount of administrative fine. A 5pccial lnMtCI The Board may impose the applicable civil
fine prescribed in section 21-121.05 ofthis article. or may determine and impose a fine up
to the maximum amount described in this subparagraph as provided below:
ill A fine imposed pursuant to this section shall not exceed two hundred fifty-three
dollars ($253.00) per day for the first violation and shall not exceed five hundred
dollars ($500.00) per day for a repeat violation. and. in addition thereto. may include
all costs of repairs pursuant to subsection (a) of this section. However. if a 5pcdal
ma5tcl the Board finds the violation to be irreparable or irreversible in nature. he or
she may impose a fine not to exceed five thousand dollars ($5.000.00) per violation.
ill In determining the amount of the fine. if any. a 5pccial ma5tcI the Board shall
consider the following factors:
ill The gravity of the violation:
(Q} Any actions taken bv the violator to correct the violation: and
.(0 Any previous violations committed by the violator.
ill Each day a violation exists shall constitute a separate violation for the purpose of
assessing such a fine.
.(0 Reduction of the fine. Once a violation has been brought into compliance. a 5pccial ma5tcI
the Board may reduce any fine imposed pursuant to this article.
@ Lien for unvaid fine. A certified copy of the order imposing a fine. or a fine plus repair costs.
may be recorded in the public records of V olusia County and shall thereafter constitute a lien
against the land on which the violation exists and upon any other real or personal property
owned by the violator. Upon petition to the circuit court. such order may be enfored in the
same manner as a court iudgment by the sheriff s of this state. including execution and levy
against the personal property of the violator. but such order shall not be deemed to be a court
iudgment except for enforcement purposes. A fine imposed pursuant to this section shall
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2003-0-16
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continue to accrue until'ftre violator comes into compliance or unt~udgment is rendered in
a suit to foreclose on a lien filed pursuant to this article. whichever occurs first. A lien
arising from a fine imposed pursuant to this section runs in favor of the City and the City
Manager may authorize the execution of a satisfaction and release of lien entered pursuant
to this article. After three (3) months from the filing of any such lien which remains unpaid.
the City may authorize the City Attorney to foreclose on the lien or to sue to recover a money
iudgment for the amount of the lien plus accrued interest. No lien created pursuant to the
provisions of this section may be foreclosed on real property that is homestead under Section
4. Article X of the Florida Constitution.
21-121.05 - Classification of Violations and a Schedule of Civil Fines. Penalties and/or Costs
The City of Edgewater hereby authorizes and provides for classifications of violations and
a schedule of corresponding civil fines. penalties and/or costs to be established and modified from
time to time. as needed by resolution of the City Council.
21-121.06 - Notices
ill All notices required by this article shall be provided to the alleged violation by (i) certified
mail. return receipt requested to the address listed in the tax assessor's office for tax notices.
or (ii) by hand delivery bv the sheriff or other law enforcement office. or code compliance
officer. or (iii) by leaving the notice at the violator's usual place of residence with any person
residing therein who is above fifteen (15) years of age and informing such person of the
contents of the notice: oor (iv) in the case of commercial property. leaving the notice with
the manager or other person in charge. Further. in the event notice is provided by certified
mail. return receipt requested and acceptance of such notice is refused or is returned to the
City. and additional notice is provided using the same address by regular U. S. mail delivery
and said additional notice is not returned to the City. a rebuttable presumption shall arise that
the violator has received notice of the violation.
.ilil In addition to providing notice as set forth in subsection (a) notice may also be served by
publication or posting. as follows:
ill Such notice shall be published once during each week for four (4) consecutive weeks
(four (4) publications being sufficient) in a newspaper of general circulation in
Volusia County. The newspaper shall meet such requirements as are prescribed
under Chapter 50. Florida Statutes. for legal and official advertisements. Proof of
publication shall be made as provided in Sections 50.041 and 50.051. Florida
Statutes.
ill In lieu of publication as described in paragraph (b)( 1 ). such notice may be posted for
at least ten (10) days in at least two (2) locations. one of which shall be the property
upon which the violation is alleged to exist and the other of which shall be at City
Hall. Proof of posting shall be by affidavit of the person posting the notice. which
affidavit shall include a copy of the notice posted and the date and places of its
posting.
ill Notice bv publication or posting may run concurrently with. or may follow. an
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2003-0-16
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attempt or atte. to provide notice by hand delivery or lJf 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 or
requirements of this section have been met. without regard to whether or not the
alleged violator actuallv received such notice.
W The provisions of this section shall not apply to the enforcement. pursuant to Sections 553.79
and 553.80. Florida Statutes. as amended from time to time. of the building codes adopted
pursuant to Section 553.73. Florida Statutes. as they applv to construction. provided that a
building permit is either not required or has been issued. For purpose of this section.
"building codes" mean onlv those codes adopted pursuant to Section 533.73. Florida
Statutes.
21-121.07 - Appeals
Except as otherwise provided herein. an aggrieved party. including the City. may appeal a
final administrative order of a special master the Board bv certiorari to the Circuit Court of V olusia
County. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of
the record created before the special master Board. An appeal shall be filed within thirty (30) days
for the execution of the order to be appealed.
21-121.08 - Duration of Lien
No lien provided by this article shall continue for a period longer than twenty (20) 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 iurisdiction. In an action to foreclose
on a lien. the city is entitled to recover all costs. including its reasonable attorney's fee. that it incurs
in the foreclosure. The City shall be entitled to collect all costs incurred in recording and satisfying
a valid lien.
21-121.09 - Reserved
Sections 21-122 throu~h 21-129 reserved for future use.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
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. ordinance or any provisions tlMeof shall be held to be inapplicable t~y person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts C through G shall not be codified.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading of this ordinance held on June 23, 2003, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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After Motion by Councilwoman Rhodes and Second by CouncilmDBrown, the vote on the
second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
PASSED AND DULY ADOPTED this 7th day of July, 2003.
ATTEST; J
Susan.1. Wadsworth
( ih Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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CITY COUNCIL OF THE
CITY OF EDGEWATEPn,, FLORIDA
By; LC�4
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 7th day of
July, 2003 under Agenda Item No. 6C.
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