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09-18-2017 - Regular City of Edgewater 1 04 N.Riverside 2l32e Edgewater,FL 32132 cfy.1 jWGEWATERg Meeting Minutes City Council Michael Ignasiak,Mayor Christine Power,District I Amy Vogt,District 2 Dan Blazi,District 3 Gary T. Conroy,District 4 Monday,September 18.2017 6:00 PM Council Chambers 1. CALL TO ORDER,ROLL CALL,PLEDGE OF ALLEGIANCE,INVOCATION Present: 5 - Mayor Mike Ignasiak, Councilwoman Christine Power, Councilwoman Amy Vogt, Councilman Dan Blazi, and Councilman Gary Conroy Also Present: 3 - City Manager Tracey Barlow, City Clerk/Paralegal Robin Matusick,and City Attorney Aaron Wolfe A motion was made by Councilman Conroy, second by Councilman Blazi, to excuse Councilwoman Power from the Emergency Meeting held on September 8, 2017 due to the hurricane.The MOTION was APPROVED by the following vote: Irk. 5- Mayor Ignasiak,Councilwoman PoNAcr.Councilwoman Vogt,Councilman Blazi and Councilman Conroy 2. APPROVAL OF MINUTES a. AR-2017-2794 Minutes from Budget Workshop Rate Study on August 3,2017 A motion was made by Councilman Blazi, second by Councilwoman Power, to approve AR-2017-2794 Minutes from Budget Workshop Rate Study on August 3, 2017. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and Councilman Conroy b. AR-2017-2823 Minutes of the August 7th 2017 Council meeting. A motion was made by Councilman Blazi, second by Councilwoman Power, to approve AR-2017-2823 Minutes of the August 7, 2017 Council meeting. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and Councilman Conroy 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. AR-2017-2813 Jill Danigel presenting Certificates of Appreciation for support of the 2017 back to ('it of Edgewater Page 1 Printed on 9/21/2017 City Council Meeting Minutes September 18,2017 School event Parks and Recreation Director Samantha Bergeron stated that due to the Hurricane, Recipients were not able to attend so this matter will be postponed. 3.a. Proclamations Presented Outside Chambers - None at this time a. AR-2017-2862 Proclamation for Constitution Week during the week of September 17th- 23rd Mayor Ignasiak read proclamation into the record. 4. CITIZEN COMMENTS David O'Bryan, 1204 Sabal Palm Drive: Wanted to know if Hurricane Irma would affect city workers. Arthur Slack, 3031 Umbrella Tree Drive: Wants to see something done with overgrown and fallen trees. Sharon Bigger, 2709 Juniper Drive: Wanted to know what can be done about neighbor's overgrown trees. Ben Wagner, 2922 Unity Tree: Wanted to let everyone know that he has looked through the new code board by-laws and also wanted to thank whoever put them together and hopes council will approve them. Francis Mars, 3132 Queen Palm Drive: Asked why Edgewater has not been reimbursed by FEMA for Hurricane Irma. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA Nothing at this time. 6. CITY COUNCIL REPORTS Councilman Conroy reported:Attending the launch of solar Co-Op for Volusia County•. Mayor Ignasiak reported: Attending the Edgewater public teachers opening day and the funeral service for Jim Brown. He discussed the August 16, 2017 letter from Citizen Code Board Chairman Ben Wagner regarding issues with a board member. After discussion, it was determined that the Board's would have additional training regarding the process with Boards and Roberts Rules of Procedure. Councilwoman Power reported:Attending the Florida League of Cities conference. Councilwoman Vogt: Attended the Florida League of Cities conference and also attended the memorial bench ceremony for Bill Jackson. Councilman Blazi reported: How thankful he was for the many people in the community that went above and beyond during the course of Hurricane Irma. City of Edgewater Page 2 Printed on 9/21/2017 City Council Meeting Minutes September 18, 2017 7. CONSENT AGENDA - None at thist ime 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2016-0-52 2nd Reading- Ordinance No. 2016-0-52: Glenn D. Storch, applicant, requesting an amendment to the Official Zoning Map to include 670.276± acres of land located west of 1-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development as MUPUD (Mixed Use Planned Unit Development) and approval of the associated MUPUD Agreement. City Attorney Wolfe read Ordinance No. 2016-0-52 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Vogt, to approve Ordinance No. 2016-0-52.The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and Councilman Conroy b. 2017-0-28 2nd Reading - Ordinance No. 2017-0-28: Haymes S. Snedeker, requesting an amendment to the Official Zoning Map to include 1.65± acres of land located at 210 N. Ridgewood Avenue as BPUD (Business Planned Unit Development) and approval of the associated BPUD Agreement. City Attorney Wolfe read Ordinance No. 201 7-0-28 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing A motion was made by Councilwoman Power, second by Councilman Blazi, to approve Ordinance No.2017-0-28. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt.Councilman Blazi and Councilman Conroy c. 2017-R-34 Resolution No. 2017-R-34 - Urging members of the State Legislature to adopt stricter animal cruelty laws and punishments City Attorney Wolfe read Resolution No. 201 7-R-34 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing A motion was made by Councilman Conroy, second by Councilman Blazi, to approve City of Edgewater Page 3 Printed on 9/21/2017 City Council Meeting Minutes September 18, 2017 Resolution No. 2017-R-34 - Urging members of the State Legislature to adopt stricter animal cruelty laws and punishments.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and Councilman Conroy d. 2017-0-37 First Reading- Ordinance No. 2017-0-37 Chapter 5 (Animal Services) City Attorney Wolfe read Ordinance No. 2017-0-37 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Blazi, to approve Ordinance No. 2017-0-37.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and Councilman Conroy e. 2017-R-24 Resolution No. 2017-R-24- Fee Resolution City Attorney Wolfe read Ordinance No. 2017-R-24 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing A motion was made by Councilman Blazi, second by Councilman Conroy, to Continue Resolution No. 2017-R-24 - to date certain of September 25, 2017. The MOTION was APPROVED by the following vote: Yes: 5_ Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and Councilman Conroy Consensus of Council to provide a resolution to repeal Resolution #2016-R-41 f. 2017-R-25 T Tentative Edgewater I & S 2005 Voted Debt Service Millage Rate for the Animal Shelter for Fiscal Year 2017-2018 Acting Finance Director Bridgette King made a staff report. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Vogt, to approve the Tentative Edgewater I & S 2005 Voted Debt Service Millage Rate of 0.0445 for the Animal Shelter for Fiscal Year 2017-2018.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and Councilman Conroy City of Edgewater Page 4 Printed on 9/21/2017 City Council Meeting Minutes September 18,2017 g. 2017-R-26 T Tentative Edgewater I & S 2016 Voted Debt Service Millage Rate for the Go for Parks for Fiscal Year 2017-2018 Acting Finance Director Bridgette King made a staff report. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Blazi, second by Councilwoman Power, to approve Resolution No. 2017-R-26 Tentative Edgewater I & S 2016 Voted Debt Service Millage Rate for the Go for Parks for Fiscal Year 2017-2018 of.3002. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and Councilman Conroy h. 2017-R-27 T Tentative Edgewater Operating Millage Rate for Fiscal Year 2017-2018 Acting Finance Director Bridgette King made a staff report. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Blazi, to approve Tentative Edgewater Operating Millage Rate of 6.70 for Fiscal Year 2017-2018. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt Councilman Blazi and Councilman Conroy 2017-R-28 T Tentative Budget providing for appropriations for Fiscal Year 2017-2018 Acting Finance Director Bridgette King made a staff report. Don Garner, 2703 Tamarind Drive:Asked if employees pay anything toward their own health insurance. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Vogt, to approve the Tentative Budget providing for appropriations for Fiscal Year 2017-2018 of 46,989,945. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and Councilman Conroy j. 2017-R-29 Resolution 2017-R-29 Internal Loan to the General Fund for Fiscal Year 2016-2017 City Attorney Wolfe read Ordinance No. 2017-R-29 into the record. Acting Finance Director Bridgette King made a staff presentation. City of Edgewater Page 5 Printed on 9/21/2017 City Council Meeting Minutes September 18, 2017 David Woods. 748 Navigators Way:Asked if the city was charging itself interest and why Sharon Boyer, 2119 Royal Palm:Asked if it is normal for FEMA to take this long to reimburse the city David Kneiszler, 2319 Unity Tree Drive:Asked if we could broadcast how FEMA is treating Florida. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Blazi, to approve Resolution 2017-R-29 Internal Loan between Fund 001 and Fund 445 not exceed 2 million dollars and be charged an interest rate of the Florida Prime"1-Day SEC Yield" as of the date of the transfer of funds.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and Councilman Conroy Meeting went into 10 minute Recess Meeting Reconvened at 9:28 pm Let the record reflect that Councilwoman Vogt left the meeting at 9:28 pm k. 2017-R-31 Resolution No. 2017-R-31 Repealing and restating the Code Enforcement Board Bylaws City Attorney Wolfe read Ordinance No. 2017-R-31 into the record. City Manager Barlow made a staff presentation. Jennifer Renolds, 2717 Victory Palm Drive: Discussed the section of the code enforcement by-laws that may or may not contradict the Florida Statutes. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Blazi, to continue/move item (Resolution No. 2017-R-31) to the November Council meeting. The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1 - Councilwoman Vogt I. 2017-R-32 Resolution 2017-R-32 Authorizing Acceptance of a Volusia ECHO 2017 Grants-in-Aid Grant; Entering into a Restrictive Covenant; Providing for Transmittal of the ECHO Grant Acceptance Agreement City of Edgewater Page 6 Printed on 9/21/2017 City Council Meeting Minutes September 18, 2017 City Attorney Wolfe read Ordinance No. 2017-R-32 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Blazi, second by Councilman Conroy, to approve Resolution 2017-R-32 Authorizing Acceptance of a Volusia ECHO 2017 Grants-in-Aid Grant; Entering into a Restrictive Covenant; Providing for Transmittal of the ECHO Grant Acceptance Agreement.The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1 - Councilwoman Vogt 9. BOARD APPOINTMENTS a. AR-2017-2825 Economic Development Board - Mayor Ignasiak's appointment due to the 7/15/2016 term expiration of Chip Selman. A motion was made by Councilwoman Power, second by Councilman Conroy, to recommend Chip Selman's appointment to the Economic Development Board. The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1 - Councilwoman Vogt b. AR-2017-2830 Economic Development Board - Councilwoman Power's appointment due to the term expiration of Jeff Berner. A motion was made by Councilman Conroy, second by Councilman Blazi, to recommend for approval Councilwoman Power's recommendation to appoint Debbie Dolbow to Economic Development Board for a three year term. The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1 - Councilwoman Vogt c. AR-2017-2831 Economic Development Board - Councilwoman Vogt's appointment due to the resignation of Oscar Zeller. A motion was made by Councilwoman Power, second by Councilman Conroy, to recommend to appoint Todd Perry to the Economic Development Board for three years. The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1 - Councilwoman Vogt City of Edgewater Page 7 Printed on 9/11/1017 City Council Meeting Minutes September 18, 2017 10. OTHER BUSINESS a. AR-2017-2835 Florida Health Care Plans and Brown&Brown Insurance review of medical claims history and discuss future premiums. Consensus of Council to utilize the alternate plan (3-1 with Councilman Conroy as no & Councilwoman Vogt excused) b. AR-2017-2834 Consent Order Compliance and Mixing Zone Study Change Order A motion was made by Councilwoman Power, second by Councilman Blazi, to approve Change Order No. 1 to Purchase Order No. 8798 in the amount of$24,521.00. The MOTION was APPROVED by the following vote: Yes: 3- Mayor Ignasiak,Councilwoman Power and Councilman Blazi No: 1 - Councilman Conroy Excused: 1 - Councilwoman Vogt c. AR-2017-2811 Extending Resolution No. 2013-R-12; the policy to temporarily waive fees for annexation of residential and non-residential property A motion was made by Councilwoman Power, second by Councilman Blazi, to approve Extending Resolution No. 2013-R-12 to September 30,2018. The MOTION was APPROVED by the following vote: Yes: 3- Mayor Ignasiak,Councilwoman Power and Councilman Blazi No: 1 - Councilman Conroy Excused: 1 - Councilwoman Vogt 11. OFFICER REPORTS a. City Clerk Reminder of the two upcoming meetings - September 25, 2017 at 6:00 pm and October 2, 2017 at 6:30 pm. b. City Attorney Nothing at this time. c. City Manager Reported on status of FPL services for those still out of power and appreciation for all the workers. Councilman Conroy asked about the city not charging for permits after Hurricane Matthew, City Manager responded with consensus of Managers to not waive fees at this time. 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Volusia Daytona 5470 5460 10 6,100 .16% Beach Shores Volusia Daytona 30190 29910 280 39,700 .93% Beach Volusia Edgewater 10560 10530 30 12,000 .25% Volusia Holly Hill 5510 5430 80 7,700 2.20% Volusia Oak Hill 1300 1290 10 1,300 .77% Volusia Ormond 21350 21260 90 23,800 5.04% Beach Volusia Ponce Inlet 2880 2870 10 3,200 .31% Volusia Port Orange 23340 23290 50 32,300 .19% Volusia South 7760 7730 30 7800 .64% Daytona Volusia Volusia 26130 25690 440 28,400 2.27% OCL Volusia Debary 230 220 10 400 2.50% Volusia Deltona 12930 12900 30 14,500 .48% 6 Y + Item k Resolution Number 2017- R-31 Code Board By Laws Final Article 4 Section B 2 States "City Council may remove any member of the board from office at any time" Florida Statute Title X, Chapter 112, Part 5 Sec 112.501 identifies the procedures in which to remove a board member, if the Charter does not indicate the procedure. 112.501 Municipal board members; suspension; removal.— (1) For the purposes of this section, the term "municipal board member" is defined as any person who is appointed or confirmed by the governing body of a municipality to be a member of a board, commission, authority, or council which is created or authorized by general law, special act, or municipal charter. (2) By resolution specifying facts sufficient to advise a municipal board member as to the basis for his or her suspension or removal and after reasonable notice to the municipal board member and an opportunity for the member to be heard, a governing body of the municipality may: (a) Suspend or remove from office any municipal board member for malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence, or permanent inability to perform his or her official duties. (b) Suspend from office any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of office or who is indicted or informed against for the commission of any federal felony or misdemeanor or state felony or misdemeanor. (3) In addition to the authority granted under subsection (2), the governing body of a municipality may remove from office any municipal board member who is convicted of a federal felony or misdemeanor or state felony or misdemeanor. For the purposes of this subsection, any person who pleads guilty or nolo contendere or who is found guilty shall be deemed to have been convicted, notwithstanding a suspension of sentence or a withholding of adjudication. (4) A suspended municipal board member may, at any time before his or her removal, be reinstated by the governing body of the municipality in its discretion. (5) The suspension of a municipal board member by the governing body of a municipality creates a temporary vacancy in such office during the suspension. Any temporary vacancy in office created by the suspension of a municipal board member under the provisions of this section shall be filled by a temporary appointment to such office for the period of the suspension, not to extend beyond the term of the suspended municipal board member. Such temporary appointment shall be made in the same manner and by the same authority as provided by law for the filling of a permanent vacancy in such office. If no provision for filling a permanent vacancy in such office is provided by law, special act, or municipal charter, the temporary appointment shall be made by the governing body of the municipality. (6) No municipal board member who has been suspended from office under this section may perform any official act, duty, or function during his or her suspension; receive any pay or 11=1016. . allowance during his or her suspension; or be entitled to any of the emoluments or privileges of his or her office during suspension. (7) If the municipal board member is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he or she was suspended under the provisions of this section, the governing body of the municipality shall forthwith revoke the suspension and restore such municipal board member to office; and the member shall be entitled to and be paid full back pay and other emoluments or allowances to which he or she would have been entitled for the full period of time of the suspension. If, during the suspension, the term of office of the municipal board member expires and a successor is either appointed or confirmed, such back pay, emoluments, or allowances shall only be paid for the duration of the term of office during which the municipal board member was suspended under the provisions of this section, and he or she shall not be reinstated. (8) This section applies in the absence of a charter provision. History.—s. 1, ch. 84-245; s. 718, ch. 95-147. ✓. ' 1 Code Enforcement Board Meeting Date # of cases Heard #found in Violation # Found not in Violation Jun-12 7 7 Jul-12 22 22 12-Aug 17 17 Sep-12 18 18 12-Oct 35 35 12-Nov 11 11 12-Dec 19 19 Jan-13 7 7 Feb-13 16 16 Mar-13 27 27 Apr-13 20 20 May-13 37 37 Jun-13 27 27 Jul-13 27 27 Aug-13 26 26 September 2013_NO minutes avail Oct-13 31 31 Nov-13 34 34 Dec-13 2 2 Jan 2014 NO Minutes February 2014_ No Minutes Mar-14 16 16 April 14_ No Minutes May-14 27 27 Jun-14 22 22 Jul-14 3 3 August 2014 No Minutes Sep-14 10 10 Oct-14 14 14 Nov-14 8 8 Dec-14 3 3 NO meeting held 1/1/2015 Feb-15 15 15 Mar-15 5 5 Apr-15 9 9 May-15 4 4 Jun-15 7 7 Jul-15 7 7 Aug-15 5 5 Sep-15 17 17 Oct-15 15 15 Nov-15 10 10 Dec-15 15 15 4 Jan-16 3 3 Feb-16 10 10 Mar-16 6 6 Apr-16 8 8 May-16 15 15 Jun-16 22 22 Jul-16 12 12 Aug-16 14 14 Sep-16 14 14 10/1/2016 No meeting Hurricane Matthew Nov-16 15 15 Dec-16 4 4 Jan-17 22 22 Feb-17 10 10 Mar-17 12 12 Apr-17 26 26 May-17 13 13 Jun-17 18 18 Jul-17 17 17 Aug-17 14 14 Sep-17 16 16 866 866 Com Item E on the Agenda Jennifer Reynolds, 2717 Victory Palm Dr, Edgewater FL. Resolution No. 2017-R-24, Page 3 states "If there is a conflict between the amount established by this and the amount shown on the Notice to Appear, the lesser amount shall control" This statement is in direct conflict with Chapter 10 Sec 10-347 which currently allows the Code Enforcement Board or Special Magistrate to issue fines up to the maximum allowed by the state of Florida, $250.00 for the first violation and $500.00 for a repeat violation. The code enforcement officers are required by Chapter 10 Section 10-345 to use the fees prescribed in Chapter 10 Section 10-348 which refers to this Fee Schedule. Therefore the amount on the Notice To Appear would always be less and if the lesser amount shall control does that also apply to Orders issued by the Code Enforcement Board, and if so the Order's with fines at the maximum amount would be moot. Finally, there also needs to be some clarification in regards to section 10-345 (c) (11) it reads to me that if someone does not appear to contest the CEB hearing their fine can only be the maximum in accordance with section 10-348 which also refers to this fee schedule. Sec. -345. - Notice of violations; repeat violators; citations. (a) Notice of violation. Prior to issuing a citation, a code enforcement 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 30 days. However, a fire safety inspector as that term is defined in F.S. § 633.052, shall provide the violator a minimum time period of 45 days to correct the violation except for major 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 45 days. (b) Repeat violators. A code enforcement 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. (c) Citations. A citation issued by a code enforcement officer shall be in the form prescribed by the city and shall contain: (1) The date and time of issuance of the citation. (2) The name and address of the person, if known, to whom the citation is issued. (3) The date and time the violation was first observed. (4) The section of the code that has been violated and a description of the nature of the violation. (5) The applicable civil fine as prescribed in section II-P8. (6) The necessary corrective action. (7) The name, work phone number and work address of the code enforcement officer. (8) 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 enforcement officer determines that the violation has been corrected. (9) 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. That if the person fails to pay the fine, the violation will be heard before the CEB or the special magistrate and the date, time, and place that said hearing will be conducted. (11) A conspicuous statement that if the person fails to appear at the 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 (d) After issuing a citation to an alleged violator, the code enforcement officer shall deposit the original citation in a file for the CEB or the special magistrate and shall deposit one copy thereof with the city clerk's office. (Ord. No. 2014-O-i.C; Pt. A(Exh. A), 6-2-14) Sec. -347. - Administrative fines and liens. (a) Order imposing fine. The CEB or the special magistrate, upon notification by a code enforcement officer that a previous order of a CEB or the special magistrate has not been I I complied with by the prescribed time or upon finding that a repeat violation has been committed, 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 board for compliance; or in the case of a repeat violation, for each day the repeat violation continues to exist, beginning with the date the repeat violation is found to have occurred by the code enforcement officer. Further, if the violation is a violation described in subsection1-344(f), the CEB or the special magistrate shall notify the city manager or city council, which may authorize and take all reasonable remedial actions that are required to bring the property into compliance, and the reasonable cost of those remedial actions may be charged against the violator along with any fine imposed pursuant to this article. Taking such remedial actions 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 city for any damages to the property if such remedial actions 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 CEB or the special magistrate finds a violation to be irreparable or irreversible in nature, the CEB or the special magistrate may order the violator to pay a fine as specified in subsection (b). (b) Amount of administrative fine. The CEB or the special magistrate may impose the applicable civil fine prescribed in section 10-348 or may determine and impose a fine up to the maximum amount described in this subparagraph as provided below: (1) A fine imposed pursuant to this section shall not exceed $250.00 per day for the first violation and shall not exceed $500.00 per day for a repeat violation and, in addition thereto, may include all costs of remedial repairs pursuant to subsection (a). However, if the CEB or the special magistrate finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. (2) In determining the amount of the fine, if any, the CEB or the special magistrate shall consider the following factors: a. The gravity of the violation. b. Any actions taken by the violator to correct the violation; and c. Any previous violations committed by the violator. (3) Each day a violation exists shall constitute a separate violation for the purpose of assessing such a fine. (c) Reduction of the fine. Once a violation has been brought into compliance, the city manager or his/her designee may reduce any fine imposed pursuant to this article however, said reduction shall not be less than the costs and expenses incurred by the city. Only the city manager may reduce any fine imposed pursuant to this article less than the costs and expenses incurred by the city. (d) Lien for unpaid fine. A certified copy of the order imposing fine or a fine plus repair costs, may be recorded in the public records of Volusia 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 enforced in the same manner as a court judgment by the sheriffs of this state, including execution any levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this section shall continue to accrue until the violator comes into compliance or until judgment 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 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 judgment 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. (e) Fee for lien inquiry/report. A fee shall be charged per parcel of property for searching the city's official records and producing a city lien inquiry/report. Said fee shall be established and modified from time to time as needed by resolution of the city council. Said report shall contain all code enforcement, special assessment and any and all other city liens on the property that are reasonably ascertainable by search of the city's official records. The form of the report shall be in the manner prescribed by the city manager or his/her designee.A copy of the report shall be filed with the finance department. (Ord. No. 2014-0-.!' Pt. A(Exh. A), 6-2-14)