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ORDINANCE NO. 93-0-02
AN ORDINANCE AMENDING ARTICLE III (CITIZEN
CODE ENFORCEMENT BOARD) OF CHAPTER 2
(ADMINI~~~~:f=ON) OF THE CODE OF ORDINANCES,
CITY OF EDGEwATER, FLORIDA; DEFINING REPEAT
VIOLATION; PROVIDING PROCEDURES FOR REPEAT
VIOLATIONS; PROVIDING FOR RECORDING OF
CERTIFIED ORDERS WHICH SHALL CONSTITUTE NOTICE
TO ANY SUBSEQUENT PURCHASERS, SUCCESSORS IN
INTEREST OR ASSIGNS; PROVIDING THAT A FINE OF
UP TO $500.00 PER DAY MAY BE LEVIED FOR EACH
DAY A REPEAT VIOLATION CONTINUES PAST THE DATE
OF NOTICE TO THE VIOLATOR; PROVIDING THAT AN
ENFORCEMENT BOARD MAY REDUCE A FINE IMPOSED;
PROVIDING THAT NOTICE MAY BE PROVIDED BY
LEAVING THE NOTICE AT THE VIOLATOR'S USUAL
PLACE OF RESIDENCE WITH ANY PERSON RESIDING
THEREIN WHO IS ABOVE 18 YEARS OF AGE OR BY
PUBLICATION; PROVIDING THAT THE ENFORCEMENT
BOARD MAY AUTHORIZE THE CITY ATTORNEY TO
FORECLOSE ON A LIEN AFTER 3 MONTHS FROM THE
FILING OF ANY LIEN WHICH REMAINS UNPAID;
PROVIDING THAT LIENS MAY CONTINUE FOR A PERIOD
OF 20 YEARS; PROVIDING FOR THE EFFECT OF CODE
ENFORCEMENT ACTION ON PENDING DEVELOPMENT
APPROVAL; 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. Article III. Citizen Code Enforcement Board of Chapter 2
of the Code of Ordinances has not been amended since 1982.
2. Chapter 162, Florida Statutes, which authorizes the
establishment of local government code enforcement boards has been
amended numerous times since 1982.
3. It is necessary to amend Article III Citizen Code
Enforcement Board to be consistent with Chapter 162, Florida
Statutes.
NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDMENT OF ARTICLE III. (CITIZEN CODE
ENFORCEMENT BOARD) OF CHAPTER 2 (ADMINISTRATION) OF THE
CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA.
Article III of Chapter 2 is hereby amended to read as follows:
Section 2-46. Short Title.
This Ordinance shall be known and may be cited as the Citizen
Code Enforcement Ordinance.
Struck through passages are deleted.
Underlined passages are added.
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Section 2-47. Creation.
There is hereby created a citizen code enforcement board in
the City of Edgewater, Florida.
Section 2-48. 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 an equitable, expeditious, effective, and
inexpensive method of enforcing any the .."ariouo teohnioal codes and
ordinances presently in force or which may be hereafter adopted.
Section 2-49. Definitions.
City attorney: The legal counselor for the municipality.
City council: The city council of the City of Edgewater,
Florida.
Code inspectors: Thooe Any authorized agents or employees of
the City of Edgewater, deoignated by reoolution of the City
Cmlnoil, whose duty it is to assure code compliance 'iliit.h the
variouo teohnioal oodec and ordinanoeo enumerated herein.
Codeo
the otandard buildin~, eleotrioal, health, gao,
meohanioal, O'iIdRllftin~ pool, pumpo and irri~ation and houoing oodeo,
together with ordinanoeo applioable thereto, oign ordinanoe, zoning
ordinanoe, oubdivioion ordinanoe, oooupationo lioenoe ordinanoe,
fire preTJention oode, and other oimilar teohnioal
oodeo or
ordinanoes 'ilihioh may be adopted in the future.
Enforcement board or the board: The citizen code enforcement
board.
Repeat violation: A violation of a provision of a code or
ordinance by a person whom the code enforcement board has
previouslY found to have violated the same provision within five
(5) years prior to the violation.
Section 2-50. Organization; membership; standards of
conduct; conflict of interest.
(a) Composition; qualifications.
The city council shall
appoint a seven member citizen code enforcement board based upon
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the following standards and qualifications:
(1) Members shall be residents of the municipality and
shall have resided therein for at least one year prior to
appointment.
( 2) Appointments shall be made in uccordancc 'Wd th the
city charter on the basis of experience or interest in code
enforcement the fields of l1lonin~ and building control. The
membership of the enforcement board shall whenever possible include
an architect, a businessman, an engineer, a general contractor, a
subcontractor, and a real tor.
'Phe City Council ohall colicit
reoumeo from citil1leno intereoted in mcmbcrchip prior to appointing
oame in order to document compliance .iith thio oection.
(3) Uemberc chall conduct themcelo.~ec at all timec in
manner that promoteo public confidence in the inte~rity and
impartiality of the Board.
'Phey chall a~o~oid all conflicting
intercoto and ohould otri ve to a.....oid co.-en the appeara.ncc of
impropriety.
Upon appointment, they ohall promptly file a
ctatement of financial intereotc required of local officero and a
resume 'Wdth the City Cler]c, 'Wihich shall remain a public recora of
the City.
illf4t A member or his spouse shall not be a member of
any other advisory board or any other quasi-judicial board within
the city~, nor chall he repreoent otherc beforc ouch boardo. No
member or his spouse shall be an employee of the City.
(b) Terms; initial appointments. Members shall be appointed
to staggered terms of three years. The initial appointments shall
be as follows:
(1) Two (2) members shall be appointed for a term of one
year.
(2) Three (3) members shall be appointed for a term of
two (2) years.
(3) Two (2) members shall be appointed for a terms of
three (3) years.
Thereafter, all appointments shall be for ~ ~ term&r of three
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(3) years, and members may be reappointed from term to term upon
the approval of the city council.
(0) ReGerved.
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Removal; vacancies. ~ Any members of the board
may be removed from office by the city council for cause
miDfeaDanoe, malfoaoanoe, or abuoe of offioe, and but, only after
written charges have been served upon the member him and he has
been qiven an opportunity to appear in his defense at a public
meetinq. a pualio hearin~ hela thereon.
An appointment to fill any vacancy on an enforcement board shall
be for the remainder of the unexpired term of office.
If any
member fails to attend two (2) out of three (3) successive meetings
without cause and without prior approval of the chairman~ ~ the
enforcement board~ shall automatioally forfeit hie offioe and
the board ohall declare the member's office vacant, and the city
council shall promptly fill such vacancy.
vaoanoieo ohall be
filled by the oity oouneil for the unexpired termD affeoted.
(e) UectiRfJG. Ueetingo of the enforoement board ohall ooour
no leD 0 frequently than onoe eaoh month, but the enforoement board
may meet more often aD neoeooary. Speoial meetingD of the Board
may be oonyyyened ay the ohairman or in hiD anDenoe, the vioe
ohairman, upon giving notice thereof to eaoh other member of the
enforoement board. Notioe of a Dpeoial meeting ohall be ~iven at
leaDt forty eight (48) houro prior thereto.
J.Ql i4t
Ci ty attorney to be legal counsel.
The city
attorney shall be the legal counsel to the board and shall advise
the board regarding the applicable law and rules of procedure. He
shall not present cases before the board, nor shall he assist
others in bringing cases before it.
Before any subpoena, rule~
finding or order may become final, it must be approved as to form
and legality by the city attorney. On oertiorari to the oirouit
oourt, he ohall repreoent the oity.
..L~1:t~ Chairman and vice-chairman; compensation. The members
of the enforcement board shall 2elect a chairman and a vice-
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chairman who shall be votinq members from amonq the members of the
board. The presence of four (4) or more members shall constitute
a quorum.
Members shall serve without compensation, but may be
reimbursed for such travel, mileage and per diem expenses as may be
authorized approved by the city manager council.
(h) ANthority to catabliah internal rNlea and regNlationa.
The enforcement board ahall be authorized to eotablioh and adopt
Duch internal ruleD and regulationo aD it ohall deem neceDoary to
conduct buoineoo and hearingo, provided houever, that they ohall be
approved ao to form and legality by the city attorney to ~uarantee
that oame ohall provide fundamental fairneoo and ohall conotitute
due proceoo of lmi.
Section 2-51. Powers.
The enforcement board shall have the power to:
(a) Adopt rules for the conduct of its hearings, provided
however, that such rules same shall guarantee fundamental fairness
for all parties and due process of law.
(b) Subpoena alleged violators and witnesses to its hearings.
The subpoenas shall be served by the Edgewater Police Department.
(c) Subpoena evidence to its hearinqs.
(d) Take testimony under oath.
(e) Issue orders having the force of law to command~
whatever steps are necessary to bring a violation of the codeo or
ordinanceo into compliance.
Section 2-52. Enforcement Procedure.
(a) It shall be the duty of the code inspectors to initiate
enforcement proceedings of the various codes~ and ordinanceo that
each io reoponoible for.
No member of the board shall have the
power to initiate any enforcement proceedings~, nor ohall any
membero diocuoo the merito of any caoe or claim uhile outoicie a
public meetin~ of the board.
(b) Except as provided in subsections (c) and (d), -I-if a
violation of the code or ordinanceo enumerated herein is found ~
cxiot, the code inspector shall notify the violator and give him a
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reasonable time to correct the violation.
Should the violation
continue beyond the time specified for correction, the code
inspector shall notify the enforcement board secretary chairman (or
in hio aboence, the vice chairman) and request a hearing purouant
to the procedureo enumerated in oection 2 53 hereof. The violator
shall be notified of the hearinq in writinq by hand delivery or
mail as provided in Section 2-55. At the option of the enforcement
board, notice may additionally be served by publication as provided
in Section 2-55. 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
enforcement board even if the violation has been corrected prior to
the board hearinq, and the notice shall so state.
iQl If a repeat violation is found, the code inspector shall
notify the violator but is not required to qive the violator a
reasonable time to correct the violation. The code inspector, upon
notifyinq the violator of a repeat violation, shall request a
hearinq. The violator shall be notified of the hearinq as provided
in Section 2-55.
The case may be presented to the enforcement
board even if the repeat violation has been corrected prior to the
board hearinq, and the notice shall so state.
141 If the code inspector has reason to believe a violation
represents 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 request a hearinq.
SectioB 2-52.1.
Supple.OBtal procedure.
The pro~ioiono of thio article ohall not prohibit the city
from enforcing any of ito technical codec by any other moano.
Section 2-53. Conduct of hearing.
(a) Upon request of the code inspector, or at such other
times as may be necessary, the chairman of an enforcement board may
call a hearinq of an enforcement board: a hearinq also may be
called by written notice siqned by at least three members of the
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board.
The chairman or ".ice chairman ~iRO callo the meeting ohall
notify the city clerJt 'iho ohall f!Jive notifioation to the board
membero and all intereoted partieo. In addition, the board, at any
hearing, may oet a futare date for hearingo. t&t All meetings of
the enforcement board shall be open to the public. Minutes shall
be kept ~ of all meetinqs hearingo of the enforoement Board and
shall be transcribed as soon as practicable thereafter. In
addition, all hearings shall be tapedT~ oaid tapeo to be preoerved
for a period of five (5) yearo. It shall be the responsibility of
the city council to provide clerical and administrative personnel
as may be reasonably required by the enforcement board for the
proper performance of its duties.
(c) h peroon brought before the enforcement board on an
alleged violation ohall ha~e the privilege to challenge the right
of a member of the board to hear that particular caoe, if there io
good cauoe ohmm that the board member ..muld ha"Je a conflict of
intereot or ~iOuld otherwioe not be able to render an impartial
decioion.
If the challenged board member refuoeo to remO"Je
Rimoelf, then the board ohall have the authority to vote on whether
or not the particular board member ohould oit on the panel to hear
that particular caoe.
l.Ql f4t
Each case before the enforcement board shall be
presented by the Director of Community Development or his desiqnee.
a member of the adminiotrati~e otaff of the city deoignated by the
city oounoil.
(e) Before the board may prooeed to hear a oaoe, it HlUot
firot determine that all intereoted partieD ha"Je been properly
notioed of the hearing. The alleged violator ohall be notified of
the hearing in "iriting and hand delivered by a oity polioe offioer.
At ouch time, the alleged violator ohall be given a copy of the
oection(o) of the ordinance of "ihich he io allegedly in violation
of, and a copy of the procedureo to be follmmd daring the hearing
before the board.
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~~ The enforcement board shall proceed to hear the cases
on the agenda of that day. All testimony shall be under oath and
shall be recorded. The enforcement board shall take testimony from
the code inspector, and the alleged violator, and may hear any
additional evidence so long as it is relevant and has substantial
guarantees of truthfulness.
Formal rules of evidence shall not
apply, but fundamental due process shall be observed and shall
govern 4ft the proceedings.
The burden of pro7ing the violation
ohall lie ..dth the city. 1\11 intereoted partieo may be repreoented
by attorneyo licenoed to practice la"l7 in thio otate.
l.Ql ~
At the conclusion of the hearing, the enforcement
board shall issue findings of fact, based on evidence of recordT
and conclusions of law, and shall issue an order affording the
proper relief consistent with powers granted herein. The findings
shall be by motion approved by a ma;ority of those members present
and votinq except that at least four members must vote in order for
the action to be official. four membero of the board, preoent and
7oting. The order may include a notice that it must be complied
with bv a specified date and that a fine may be imposed if the
order is not complied with by said date. A certified COpy of such
order may be recorded in the public records of the county and shall
constitute notice to any subsequent purchasers, successors in
interest, or assiqns if the violation concerns real property, and
the findinqs therein shall be bindinq upon the violator and, if the
violation concerns real property, any subsequent purchasers,
successors in interest, or assiqns. If an order is recorded in the
public records pursuant to this section and the order is complied
with bv the date specified in the order, the enforcement board
shall issue an order acknowledqinq compliance that shall be
recorded in the public records. A hearinq is not required to issue
such an order acknowledginq compliance.
Findingo of fact and
concluoiono of lau ohall be appro'Jed 0.0 to form and legality by the
city attorney.
Section 2-54. Appeals.
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An aggrieved party, including the city, may appeal a final
administrative order of the enforcement board to the circuit court.
Such an appeal shall not be a hearing de novo but shall be limited
to appellate review of the record created before the enforcement
board.
An appeal shall be filed within thirty (30) days of the
execution of the order the be appealed.
Section 2-55. Notices.
1ll All notices required by this article shall be provided to
the alleqed violator by certified mail, return receipt requestedT~
or uheremail .iiiOuld not be effecti9Je, by hand delivery by a code
inspector.L or police officer. a member of the Edqewater Police
Department or other person desiqnated bv the city council: or bv
leavinq the notice at the violator's usual place of residence with
any person residinq therein who is above 18 years of aqe and
informinq such ~erson of the contents of the notice.
iQl In addition to providinq notice as set forth in
subsection (a). notice may also be served bv publication. as
follows:
III Such notice shall be published once durinq each week
for four (4) consecutive weeks (four publications beinq sufficient)
in a newspaper of qeneral circulation in Volusia Countv. The
newspaper shall meet such requirements as are prescribed under
Chapter
50.
Florida
Statutes.
for
leqal
and
official
advertisements.
ill Proof of publication shall be made as provided in
Sections 50.041 and 50.051. Florida Statutes.
itl Notice bv publication or postinq may run concurrentl v
with. or may follow. an attempt or attempts to provide notice bv
hand delivery or bv mail as required under subsection (a).
141 Evidence that an attempt has been made to hand deliver or
mail notice as provided in subsection (a). toqether with proof of
publication as provided in subsection (b). shall be sufficient to
show that the notice
requirements of this part have been met.
without reqard to whether or not the alleqed violator actually
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received such notice.
Section 2-56. Fines and/or liens.
lEJ. The enforcement board, upon notification by the code
inspector that an previouo order of the board has not been complied
with by the set time, or upon findinq that a repeat violation has
been committed, may order the violator to pay a fine in an amount
specified in this section not to exoeed two hundred fifty dollaro
($250.00) for each day the violation continues past the date set
for compliance or, in the case of a repeat violation, for each day
the repeat violation continues past the date of notice to the
violator of the repeat violation. If a findinq of a violation or
a repeat violation has been made, a hearinq shall not be necessary
for issuance of the order imposinq the fine.
The fine ohall be
levied depending upon the oeverity of the violation of the order.
iQl A fine imposed pursuant to this section shall not exceed
$250.00 per day for a first violation and shall not exceed $500.00
per day for a repeat violation.
.uu. In determining the amount of the fine, if any, the
enforcement board shall consider the followinq factors
ill The qravity of the violation:
ill Any actions taken by the violator to correct the
violation: and
ill Any previous violations committed by the violator.
iQ1 The enforcement board may reduce a fine imposed pursuant
to this section.
.Ltl A certified copy of an order imposing a fine may be
recorded in the public records with the olerk of the oirouit oourt
and thereafter shall constitute a lien against the land on which
the violation exists, or, if the violator doeo not own the land,
and upon any other real or personal property owned by the violator~
Upon petition to the circuit court such order aHd may be enforced
in the same manner as a court judgment by the sheriffs of this
state, including levy against the personal property, but such order
shall not be deemed othendoe to be a court judgment of .:l oourt
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except for enforcement purposes. A fine imposed pursuant to this
section shall continue to accrue until the violator comes into
compliance or until iudqment is rendered in a suit to foreclose on
a lien filed pursuant to this section, whichever occurs first.
After three (3) months from the filing of any lien which remains
unpaid, the enforcement board may authorize the city attorney to
foreclose on the lien. No lien created pursuant to the provisions
of this section may be foreclosed on real property which is a
homestead under Section 4, Article X of the State Constitution.
After one year from the filing of any auch lien 'ihich remaino
unpaid, the city council may authorize the city attorney to
foreelooe on the lien. In u.ddition, if the fine io not pu.id ,dthin
one year, the city attorney mu.Y be u.uthorili!led to proceed to reduce
the oaid fine to u. judgment before u. court of competent
juriodiction.
Section 2-57. Duration of lien.
No lien provided by this article shall continue for a longer
period than t'iO (2) 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 jurisdiction. In an action to foreclose on a lien, the
prevailing party is entitled to recover all costs, includinq a
reasonable attorney's fee, that it incurs in the foreclosure. The
continuation of the lien agffected 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.
Section 2-58. Suoolemental Provisions.
Nothinq contained in this article shall prohibit the city
council from enforcinq its codes by any other means.
Section 2-59. Effect of Code Enforcement Action on Pending
Development Approval
The Director of Community Development with the concurrence of
the City Manaqer may suspend consideration of any application for
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development approval reqarding property which is the subiect of
code enforcement action. Such suspension shall remain in effect
until the violation is abated and any outstandinq fine/lien is
stasified.
Section
~-S8 - 2-60. Reserved.
PART B.
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 C.
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
ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART D.
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 B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion by Councilman Hays and Second by Councilman
Jones, the vote on the first reading of this ordinance held on June
21, 1993, was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
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Councilman David L. Mitchum AYE
After Motion by Councilman Mitchum and Section by Councilman
Hays, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. ABSENT
Vice Mayor Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 3rd day of August, 1993.
CITY COUNCIL OF THE
CITY OF'DOENATER,++ FLORIDA By:-
Rirk Jq �0
Vice Major
APPROVED FOR FORM
AND CORRECTNESS:
i
'�, i I- 4 ,
Rrieta A. Store
City Attorney
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