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Citizen Code Enforcement Board - 07-20-2000 .~ t Q o o u o ~ CITIZEN CODE ENFORCEMENT BOARD CITY OF EDGEW A TER BYLAWS ARTICLE I. OFFICIAL NAME The official name of this Board shall be the Citizen Code Enforcement Board of the City of Edgewater, Florida. ARTICLE IT. OFFICERS A. The officers shall be a Chairman and a Vice Chairman. The City shall provide a Board Coordinator. B. The Chairman shall preside at all meetings and hearings of the Board and shall have the duties normally conferred by parliamentary usage of such office. C. The Vice Chairman shall act as Chairman in the absence of the Chairman. D. The Chairman and Vice Chairman shall be members of the Board have the privilege of discussing all matters in the presence of the Board and shall have the same voting rights as all Board members. ARTICLE ITI. ELECTION OF OFFICERS A. Nomination of officers shall be made by the members at the annual organizational meeting in June each year and the election shall be held immediately thereafter. B. A candidate receiving a majority vote shall be declared elected and shall serve a term of one year or until a successor shall take office. Both the Chairman and Vice Chairman shall be eligible for reelection. C. If the Chairman is unable to complete hislher term of office, the Vice Chairman shall become Chairman and the Board shall elect a new Vice Chairman. '/ u Q o u o r ARTICLE IV. VACANCIES A. Any member of the Board may be removed from office by the City Council for cause but only after written charges have been served upon the member and he/she has been given an opportunity to appear in hislher defense at a public meeting held thereon. B. If any member fails to attend two (2) out of three (3) successive meetings, without cause and without prior approval of the Chairman the Board shall declare the member's office vacant. Vacancies shall be filled by the City Council for the unexpired terms affected. C. The Board shall retain the right to interview applicants and make their recommendation(s) to the City Council. ARTICLE V. MEETINGS A. Regular meetings shall be held the third (3rd) Thursday of each month at 5:30 p.m. in the Community Center. The Board may set meetings more frequently if necessary. B. Special meetings may be called by the Chairman or Vice Chairman or upon written notice signed by at least three members of the Board. Every effort shall be made to give at least forty- eight (48) hours notice to all members and the City Clerk. C. Members shall notifY the Board Coordinator if they are not going to attend a meeting. D. A quorum of the Board shall consist of four (4) members. An affirmative vote of a majority of those members present and voting shall be necessary to pass any motion or take any action, except in the case of the Board's orders where it shall be necessary for at least four (4) members to vote in order for the action to be official. E. Voting shall be by voice vote and shall be recorded by individual "yes" or "no" for each Board member present. However, no Board member shall vote upon any matter which would inure to his special private gain; which would inure to the special private gain of any principal by which he is retained or to the parent organization or subsidiary of a corporate :' u u v. principal by which he is retained; or which would inure to the special private gain of a relative or business associate. F. Parliamentary procedure in Board meetings shall be governed generally by Robert's Rules of Order, the Sunshine Law, and by these Bylaws and as determined from time to time by the Board. G. The order of business at regular meetings shall be as follows: I. Call to Order 2. Roll Call 3. Approval of Minutes 4. Swearing in of Witnesses 5. Cases in Compliance 6. New Business/Public Hearings ~ 7. Unfinished Business 8. Lien Reduction Requests 9. Discussion Items 10. Code Enforcement Comments 11. Public Comments 12. Adjournment The order of business may be suspended by an affirmative vote of the majority of those members present. H. An agenda shall be prepared by the Board Coordinator no less than ten (10) days prior to the meeting listing all matters, which shall be discussed. No other matter shall be taken up at such meeting except by unanimous vote of the members present. ~ .. , u '-> (.) u u ARTICLE VI. INITIATION OF ACTIONS BEFORE THE BOARD A. All actions before the Board shall be initiated by the Code Enforcement Officer by filing a Notice of Violation. No Board member shall initiate actions before the Board. B. If the violation is not abated within the time established by the Code Enforcement Officer, the case shall be scheduled for a hearing before the Board. The alleged violator shall be notified by the Board Coordinator of the hearing through a Notice of Violation Hearing. ARTICLE VII. HEARINGS The procedures to be observed in the conduct of hearings shall be as set forth below: A. The Code Enforcement Officer, alleged violator and all witnesses shall be sworn in by the Board Coordinator. B. The Code Enforcement Officer shall present the City's case and then the alleged violator shall present hislher case. Both parties shall have the opportunity to present witnesses and cross-examine all witnesses. C. If legal council are present, they shall be permitted to examine and/or cross- examine witnesses and to present brief opening and closing statements. D. The Board or the City Attorney may question the Code Enforcement Officer, alleged violator or any witness. E. The Board may at any time during a hearing request further information from the Code Enforcement Officer, alleged violator or any witness and continue the hearing to a future meeting. F. Upon completion of all testimony and the presentation of all evidence, the Chairman shall close the hearing. The Board shall immediately deliberate in an open, public sessIOn. G. The Board shall only consider evidence which is presented at the hearing or made part of the record. r u u ,. ~ H. The Board shall orally issue an order, which is approved by a majority of the Board. After the inspection for compliance on the date set by the Board, The Board Coordinator shall draft a written document for the Chairman's signature containing the required findings of fact, conclusion of law, and order reflecting the Board's decision. If the Code Enforcement Officer finds the violation has not been corrected within the time established by the Board, the order shall be mailed, certified, return receipt requested, or hand delivered to the violator on the next business day. I. A written request for rehearing or reconsideration shall be filed within thirty (30) days of an order issued by the Board. The request shall state the relief sought and the specific reasons why such relief should be granted. The request shall be presented to the Board Coordinator by the violator and scheduled for the next regular meeting. Following its deliberations, the Board shall issue an order granting the relief requested, denying the relief requested or granting the relief requested with some modification. J. Visitation of case properties or conversation(s) with alleged violator(s) must be disclosed at the time the case is being heard by the Board. '-.) ~ ARTICLE VIII. MISCELLANEOUS A. These bylaws may be amended during a regular meeting by the affirmative vote of at least four (4) members of the Board, provided notice of the proposed change is given to the Board at a preceding regular meeting. B. All meetings and hearings of the Board shall be open to the public in accordance with the provisions of Chapter 286, Florida Statutes. C. All records of the Board shall be open to public examination, inspection and copying in accordance with the provisions of Chapter I 19, Florida Statutes. After motion and second, the vote on these Bylaws was as follows: ~ u. o Q ( (.) . Chainnan K. Anthony Fowler Vice Chainnan Linda D. Johnson George Ann Keller Beneditto Del Nigro Susan Hammond Bobbie D. McGuire u 1/ PASSED AND DULY ADOPTED thisdO day of ATTEST: a:\code8bylaws\52200 ,2000. CITIZEN CODE ENFORCE T BOARD ~ Sidney Nowell Code Enforcement Board Attorney