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0430 Creation of Code Enforcement BoardORDINANCE NO. 430 • AN ORDINANCE OF THE COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, CREATING A CODE ENFORCEMENT BOARD; PROVIDING FOR LEGISLATIVE INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR ORGANIZATION; PRO- VIDING FOR ENFORCEMENT PROCEDURES: PROVIDING FOR FINES; PROVIDING FOR APPEALS; PROVIDING AN EFFEC- TIVE DATE. WHEREAS, pursuant to Chapter 166.051 of the Florida Statutes known as the Municipal Code Enforcement Boards Act, each municipality in the state may, at its option, create by ordinance a Code Enforcement Board; and WHEREAS, the Council of theCity of Okeechobee, to promote, to protect and improve the health, safety and welfare of the citizens of Okeechobee, Florida, hereby creates a Code Enforcement Board to provide an equitable, expeditious, effective and inexpensive method of enforcing the hereinafter described codes of the City of Okeechobee, Florida. NOW THEREFORE BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF OKEECHBOEE, FLORIDA AS FOLLOWS: Section I: DECLARATION OF LEGISLATIVE INTENT It is the intent of this ordinance to promote, protect and improve the health, safety and welfare of the citizens of Okeechobee by providing an equit- able expeditious, effective and inexpensive method of enforcing the hereinafter described codes of the City of Okeechobee. Section II: APPLICABILITY The Code Enforcement Board of Okeechobee shall enforce and have jurisdiction of the following chapters of the Okeechobee City Code. Chapter 3 - Alcoholic Beverages Ehapter 4 - Animals and Fowl Chapter 6 - Buildings and Building Regulations Chapter 9 - Fire Prevention Chapter 10- Garbage, Trash and Refuse Chapter11- Health and Sanitation Chapter12- Licenses Chapter14- Offenses Chapter19- House Trailers Chapter20- Zoning including subdivision regulations and signs Section III: DEFINITIONS 1) Legislative body means the City Council of the City of Okeechobee 2) Code Inspector means those authorized agents or employees of the City of Okeechboee whose duty it is to insure code compliance 3) Attorney means City Attorney f or the City of Okeechboee 4) Enforcement means the Code Enforcement Board -2- Section IV: ENFORCEMENT BOARD - ORGANIZATION 1) The City Council of the City of Okeechobee may appoint a six member • Code Enforcement Board and legal counsel for the Enforcement Board. Mem- bers of the Enforcement Board shall be resi o -t ,Ai;r, c ty. 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, consist of an architect, a businessman, an engineer, a general contractor, a subcontractor, and a realtor. 2) The initial appointments to the Enforcement Board shall be as follows: a) Two members appointed for a term of one year b) Two members appointed for a term of two years c) Two members appointed for a term of three years Thereafter all appointments shall be made for a term of three years. Any member may be re-appointed from term to term upon approval of the City Council. Appointments to fill any vacancy om the Enforcement Board shall be for the remainder of the unexpired term of office. Any member who fails to attend two of three successive meetings without cause and without prior approval of theChairman shall automatically forfeit his appointment, and the City Council shall promptly fill such vacancy. The members shall serve in accordance with the City Charter and may be removed as provided in the Code or Ordinances for removal of members of City Boards. 3) The members of the Enforcement Board shall elect a chairman. The presence of four or more members shall constitute a quorum for the Enforcement Board. Members shall serve without compensation buy may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the City Council. 4) The City Attorney shall either by counsel to the Code Enforcement Board or shall represent the city by presenting cases before the board; but in no case shall the City Attorney serve in both capacities. Section V: ENFORCEMENT PROCEDURE 1) It shall be the duty of the Code Inspector to initiate enforcement pro- ceedings of the various codes; however, no member of the board shall have the power to initiate such enforcement proceedings. 2) Except as provided in Sub-Section 3 of their section, if a violation of the code is found, 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 and request a hearing pursuant to the procedure in Section VI. Written notice shall be mailed to said violator as provided herein. 3) If the Code Inspector has reason to believe a violation presents a serious threat to the public health, safety, and welfare, the Code Inspector may proceed directly to theprocedure in Section VI without notifying said violator. Section VI: CONDUCT OF HEARING 1) The chairman of the Enforcement Board may call hearings of the Code En- forcement Board; hearings may also be called by written notice signed by at least four members of the Enf orcement Board. At any hearing the En- forcement Board may set a future hearing date. The Enforcement Board should attempt to convene no less frequently than once every two months, but may meet more or less often as the demands necessitate. Minutes shall be kept of all hearings by the Enforcement Board, and all hearings shall be open to the public. The City Council shall provide clerical and administrative personnel as may be reasonably required by the Enforcement Board for the proper performance of its duties. 2) Each case before the Enforcement Board shall be presented by the City Attorney or by a member of the Administrative staff of the municipality. 3) The Enforcement Board shall proceed to hear the cases on the agenda for • that day. All testimony shall be under oath and shall be recorded. The Enforcement Board shall take testimony from the Code Inspector and alleged violator. Formal rules of evidence shall not apply but fundamental due process shall be observed and shall govern said proceedings. 4) At the conclusion of the hearing, the Enforcement Board shall issue findings of fact, based evidence of record, 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 majority of those present and voting, except that at least three members of the Enforcement F;oard must vote in order for the action to be official. The record shall be presented to the Court on Appeal and shall be subject to review. -3 - Section VII: POWERS OF THE ENFORCEMENT BOARD The Enforcement Board shall have the power to: 1) Adopt rules for the conduct of its hearings 2) Subpoena alleged violators and witnesses to its hearings. (Subpoena may be served by the Police Department or theCode Inspcetor). 3) Subpoena evidence 4) Take testimony under oath 5) Issue orders having the force of law commanding whatever steps are necessary to bring a violation under compliance. Section VIII: ADMINISTRATIVE FINES; LIENS The Enforcement Board, upon notification by the Code Inspector that a previous order of the Enforcement Board has not been complied with by the set time, may order the violator to pay a fine not to exceed $500 per day for each day the violation continues past the date set for compliance. A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists. After one year from the filing of any such lien which remains unpaid, the Enforcement Board may authorize the City Attorney to foreclose on the lien. Section IX: APPEALS An aggrieved party may appeal a ruling or order of the Enforcement Board by certiorari in Circuit Court. An appeal shall be filed within thirty days of the execution of the order to be appealed. Section X: NOTICES All notices required by this ordinance shall be by certified mail return receipt requested or, when mail would not be effective, by hand delivery by the Code Inspector. Section XI: The provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Okeechobee. The sections of this ordinance may be re-numbered or re-lettered to accomplish such; and the word ordinance may be changed to section, article or other appropriate word. Section XII: EFFECTIVE DATE This ordinance shall become effective as provided by law. Introduced ei on first reading this 10thday of March.,, 1981. Mayor ATTEST; City Clerk Introduced and passed on second and final reading this 24thday of March , 1981. ATTEST- City Clerk f APPROVED ty Attorney Mayor