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82-O-23ORDINANCE NO. 82-0-23 AN ORDINANCE TO BE KNOWN AS THE CITIZEN CODE ENFORCEMENT ORDINANCE: SETTING FORTH THE PUR- POSE OF SAID BOARD; PROVIDING FOR DEFINITIONS; PROVIDING FOR ORGANIZATION OF THE BOARD; PRO- VIDING FOR STANDARDS OF CONDUCT AND CONFLICT OF INTEREST OF SAID BOARD; PROVIDING FOR ENFORCE- MENT PROCEDURES; PROVIDING FOR CONDUCT OF BUSINESS AND HEARINGS; PROVIDING FOR POWERS OF THE BOARD; PROVIDING FOR FINES AND LIENS AND ENFORCEMENT THEREOF; PROVIDING FOR APPEALS; PROVIDING FOR NOTICE OF HEARING ; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE CODIFICATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ORDINANCES AND RESOLUTIONS IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Legislature of the State of Florida pursuant to its constitutional power to enact quasi-judicial boards enacted the "Municipal Code Enforcement Board Act" of 1980, and the local government Code Enforcement Boards Act of 1981, said acts to apply in all incorporated areas of every municipality of the State of Florida, and WHEREAS, The City Council of the City of Edgewater, Florida, pursuant to its constitutional home rule powerswishes to implement said Act by designating a Citizen Code Enforcement Board in accord- ance with said act and the laws of Florida, and WHEREAS, The City Council of the City of Edgewater, Florida, recognizes the special desires of its citizens to reach beyond the minimum standards of the Act to seek fair and equitable means to resolve code disputes, NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. TITLE. This Ordinance: shall be known and may be cited as the Citizen Code Enforcement Ordinance. SECTION 2. CREATION. There is hereby created a Citizen Code Enforcement Board in the City of Edgewater, Florida. SECTION 3. 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 equitable, Q C" expeditious, effective, and an inexpensive method of enforcing the various technical codes and ordinances presently in force or which may be hereafter adopted. SECTION 4 DEFINITIONS. (a) Codes - the standard building, electrical, health, gas, mechanical, swimming pool, pumps and irrigation and housing codes; together with ordinances applicable thereto; sign ordinance, zoning ordinance, subdivision ordinance, occupational license ordinance, fire prevention code, and other similar technical codes or ordinances which may be adopted in the future. (b) City Council - means the City Council of the City of Edgewater, Florida. (c) Code Inspectors - those agents or employees of the City of Edgewater, designated by resolution of the City Council, whose duty it is to assure compliance with the various technical codes and ordinances enumerated herein. (d) City Attorney - the legal counselor for the municipality. (e) Enforcement Board or the Board - the Citizen Code Enforce- ment Board. SECTION 5 ENFORCEMENT BOARD: ORGANIZATION, MEMBERSHIP, STANDARDS OF CONDUCT, CONFLICT OF INTEREST. (1) The City Council shall appoint a seven member Citizen Code Enforcement Board and an additional alternate member based upon the following standards and qualifications: (a) Members shall be residents of the municipality and shall have resided therein for at least one year prior to appointment. (b) Appointments shall be made in accordance with the city charter on the basis of experience or interest in the fields of zoning and building control. The membership of the enforcement board shall whenever possible include an architect, a businessman, an engineer, a general contracor, a subcontractor, and a realtor. -2- The City Council shall solicit resumes from citizens interested in membership prior to appointing same in order to document compliance with this section. (c) Members shall conduct themselves at all times in a manner that promotes public confidence in the integrity and im- partiality of the Board. They shall avoid all conflicting interests and should strive to avoid even the appearance of impropriety. Upon appointment, they shall promptly file a statement of financial interests required of local officers and a resume with the City Clerk, which shall remain a public record of the City. (d) A member or his spouse shall not be a member of any other advisory or quasi-judicial board within the city, not shall he represent others before such boards. No member or his spouse shall be an employee of the City. (2) Members shall be appointed to staggered terms of three years. The initial appointments shall be as follows: (a) Two members and the alternate member shall be appointed for a term of one year. (b) Three members shall be appointed for a term of two years. (c) Two members shall be appointed for a term of three years. Thereafter, all appointments shall be for a full term, and members or alternates may be re -appointed from term to term upon the approval of the City Council. (3) Alternate members of the enforcement board may attend all meetings of the board, but shall act only in the absence, disability, or disqualification of a regular member. In the absence of a member, the alternate shall be substituted. When an alternate member acts, the minutes of the board shall reflect the name of the absent, disabled, or disqualified member in whose place and stead the alternate is acting. -3- (4) The members of the board may be removed from office by the City Council for misfeasance, malfeasance, or abuse of office, and only after written charges have been served upon him and a public hearing held thereon. If any member fails to attend two out of three successive meetings without cause and without prior approval of the chairman of the enforcement board shall automatically forfit his office, the board shall declare the member's office vacant. Vacancies shall be awry filled by #ka NP� City Council for the unexpired terms'�ffected. (5) Meetings of the enforcement board shall occur no less frequently than once each month, but the enforcement board may meet more often as necessary. Special meetings of the board may be convened by the chairman or in his absence, the vice-chairman, upon giving notice thereof to each other member of the enforcement board, including alternates. Notice of a special meeting shall be given at least 24 hours prior thereto. (6) 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 certiorari to the Circuit Court, he shall represent the City. (7) The members of the enforcement board shall select a chairman and a vice-chairman from among its members. The presence of four or more members shall constitute a quorum. Members shall serve without compensation, but may be reimbursed for such travel, mileage amd per diem expenses as may be authorized by the City Council. (8) The enforcement board shall be authorized to establish and adopt such internal rules and regulations as it shall deem necessary to conduct business and hearings, provided however, that -4- 0 0 they shall be approved as to form and legality by the City Attorney to guarantee that same shall provide fundamantal fairness and shall constitute due process of law. SECTION 6 ENFORCEMENT PROCEDURE. (a) It shall be the duty of the code inspectors to initiate enforcement proceedings of the various codes and ordinances that each is responsible for. No member of the board shall have the power to initiate any enforcement proceedings, not shall any members discuss the merits of any case or claim while outside a public meeting of the boards. (b) If a violation of the code or ordinances enumerated herein is found to exist, the code inspector shall notify the violator and give him a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify the enforcement board chairman (or in his absence, the vice-chairman) and request a hearing pursuant to the procedures enumerated in Section 7 hereof. SECTION 7 CONDUCT OF HEARING. (a) The chairman or vice chairman who calls the meeting shall notify the City Clerk who shall give notification to the board members and all interested parties. In addition, the board at any hearing, may set a future date for hearings. (b)All meetings of the enforcement board shall be open to the public. Minutes shall be kept at all hearings of the enforcement board and shall be transcribed as soon as practicable thereafter. In addition, all hearings shall be taped, said tapes to be preserved for a period of five years. 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. -5- (c) A person brought before the enforcement board on an alleged violation shall have the privilege to challenge the right of a member of the board to hear that particular case, if there is good cause shown that the board member would have a conflict of interest or would otherwise not be able to render an impartial decision. If the challenged board member refuses to remove him- self, then the board shall have the authority to vote on whether or not the particular board member should sit on the panel to hear that particular case. (d) Each case before the enforcement board shall be presented by a member of the administrative staff of the city designated by the City Council. (e) Before the board may proceed to hear a case, it must first determine that all interested parties have been properly noticed of the hearing. The alleged violater shall be notified of the hearing in writing and hand delivered by a city police officer. At such time, the alleged violater shall be given a copy of this ordinance and a copy of the rules and regulations of the boards. (f) The enforcement board shall proceed to hear the cases on the agenda of that day. All testimony shall be under oath. 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 truthful- ness. Formal rules of evidence shall not apply, but fundamental due process shall be observed in the proceedings. The burden of proving the violation shall lie with the city. All interested parties may be represented by attorneys licensed to practice law in this state. (g) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record, and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein. The findings shall ME be by motion approved by four members of the board, present and voting. Findings of fact and conclusions of law shall be approved as to form and legality by the City Attorney. SECTION S. POWERS OF THE ENFORCEMENT BOARD. The enforcement board shall have the power to: (a) adopt rules for the conduct of its hearings, provided however, that 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. (d) take testimony under oath. (e) Issue orders having the force of law commanding what- ever steps are necessary to bring a violation of the codes or ordinances into compliance. SECTION 9. FINES AND/OR LIENS The enforcement board, upon notification by the code inspector that a previous order of the board has not been complied with by the set time may order the violator to pay a fine not to exceed $250.00 for each day the violation continues past the date set for compliance. The fine shall be levied depending upon the severity of the violation of the order. A certified copy of an order imposing a fine may be recorded with the Clerk of the Circuit Court and thereafter shall constitute a lien against the land on which the violation exists, or, if the violator does not own the land, upon any other real or personal property owned by the violator and may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed otherwise to be a judgment of a court except for enforcement purposes. After one year from the filing of any such lien which remains unpaid, the City Council may authorize the City Attorney to foreclose on the lien. In addition, if the fine is not paid within one year, the City Attorney may be authorized to proceed to reduce the said fine to a judgment before a court of competent jurisdiction. bC SECTION 10. DURATION OF LIEN No lien provided by this ordinance shall continue for a longer period than two years after the certified copy of an order imposing a fine has been recorded, unless at that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien affected 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 11. APPEALS An aggrieved party, including the city, may appeal a final administrative order of the enforcement board to the Circuit Court. An appeal shall be filed within thirty days of the execution of the order to be appealed. SECTION 12. SUPPLEMENTAL PROCEDURE The provisions of this ordinance shall not prohibit the city from enforcing any of its technical codes by any other means. SECTION 13. SEVERABILITY Should any word, phrase, sentence, subsection, or section be held illegal, void, unenforceable, or unconstitutional by a court of competent jurisdiction, then that word, phrase, sentence, subsection, or section shall be severed from this ordinance and all other words, phrases, sentences, subsections, or sections not specifically held to be illegal, unlawful, void, unenforceable, or unconstitutional shall remain i❑ full force and effect. SECTION 14. NOTICES All notices required by this ordinance shall be by certified mail, return receipt requested, or where mail would not be effective, by hand delivery by a code inspector or police officer. SECTION 15. CODIFICATION This ordinance shall be codified as Section 2-6 et seq, Edgewater Code of Ordinances. SECTION 16. PUBLICATION This ordinance shall be published by title in a ❑ewspaper of general circulation within the community as provided by law. SECTION 17. EFFECTIVE DATE This ordinance shall take effect on July 1, 1982. The vote on the above and foregoing Ordinance No following first Reading thereof was as Lodico I David edbetter. E-THRR COUNCI 'lbert Pendleton I ZO?E FOUR Q UNCILMAN John Wilbur ON The roll call vote on second reading of the Ordinance, following a duly advertised public hearing was as follows .////�^ Robert H. sty ZONE ONE COUNCILMAN Jacob Lodico Z N9 TWO COUNCYLMAN David Ledbetter - -ZONETHREE COUNCILMAN Wilbert Pendleton Z FOU COCIIXAN hn Wilbur ATTEST: ITY..CL E/"' A,' n.t4t ted this day of MAYOR Approved for legality and form: CITY ATTORNEY