0599 Code Enf. Bd.ORDINANCE NO. 599
AN ORDINANCE AMENDING CHAPTER TWO OF THE CODE OF
ORDINANCES OF THE CITY OF OKEECHOBEE, PERTAINING TO THE
CODE ENFORCEMENT BOARD; AMENDING SECTION 2-26
PERTAINING TO NOTICE OF VIOLATION TO THE ALLEGED
VIOLATOR; AMENDING SECTION 2-27 PERTAINING TO NOTICE
REQUIREMENTS; AMENDING SECTION 2-28 PERTAINING TO THE
SCHEDULING OF HEARINGS; AMENDING SECTION 2-29
PERTAINING TO PROCEDURES BEFORE THE CODE ENFORCEMENT
BOARD; AMENDING SECTION 2-30 PERTAINING TO THE POWERS
OF THE CODE ENFORCEMENT BOARD; AMENDING SECTION 2-31
PERTAINING TO PENALTIES IMPOSED BY THE CODE ENFORCEMENT
BOARD; PROVIDING FOR A LIEN ON REAL OR PERSONAL
PROPERTY FOR FINES IMPOSED BY THE CODE ENFORCEMENT
BOARD; PROVIDING FOR ENFORCEMENT OF PENALTIES; AMENDING
SECTION 2-32 PERTAINING TO APPEALS; AMENDING SECTION 2-
33 PERTAINING TO SERVICE OF NOTICES; PROVIDING FOR
PUBLICATION OF NOTICE TO VIOLATORS; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OKEECHOBEE, FLORIDA, AS FOLLOWS:
SECTION ONE: Section 2-26 of the Code of Ordinances is hereby
amended to read as follows:
"Section 2-26.
Except as provided in section 2-27, if a violation of a 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 sections 2-28 and 2-29. The
notice of violation to the violator may include a notice of
hearing and, in such case, shall also include a statement that
such hearing will be held only if the violator fails to correct
the violation as directed and within the time allowed for
correction or if the violation recurs prior to the time of the
hearing.
-Written- Notice shall be provided -mailed- to the -said- alleged
violator as provided herein."
SECTION TWO: Section 2-27 of the Code of Ordinances is hereby
amended to read as follows:
0 "Section 2-27
If the code inspector has reason to believe a violation
presents 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 notify the enforcement
• board and request a hearing. -xra - - proceed- -direetlp- -to - -th-e
-pr j-r- -n--sec. -2--2-8- --a-ni---2--2-9--witkeut--noti€ying--said
-XFio1-&t01r to
SECTION THREE: Section 2-28 of the Code of Ordinances is hereby
amended to read as follows:
'Section 2-28
(a) The Chairman of the enforcement board may call hearings
of the board; hearings may also be called by written notice
signed by at least three (3) -€otvr members of the enforcement
board. At any hearing, the enforcement board may set a future
hearing date. The enforcement board shall -skeuld- attempt to
convene no less frequently than once every two (s) months, but
may meet more or less often as demand necessitates. 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. Such clerical or administrative staff
may, upon receipt of a request for hearing, by the code
inspector, schedule such case for hearing at any regularly
scheduled hearing date of the enforcement board.
(b) Each case before the enforcement board shall be
presented by the city attorney or by a member of the
administrative staff of the city.
(c) 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, the -and- alleged violator,
and any witnesses. Formal rules of evidence shall not apply but
fundamental due process shall be observed and shall govern said
proceedings."
SECTION FOUR: Section 2-29 of the Code of Ordinances is hereby
amended to read as follows:
lJ~ c nC~ ~C! t
"Section 2-29
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
be by motion approved by a majority of those present and voting,
except that at least four (4) ,th-r4ae, members of the enforcement
board must vote in order for the action to be official. ghee
r-e o-rd -shall- be- -r-es~rte& - to - 4_~e- -oo~r-t.-en - ap arl -and - shall- - e
s-ubj-ee t to- -r-e-view. . - "
SECTION FIVE: Section 2-30 of the Code of Ordinances is hereby
amended to read as follow:
"Section 2-30
The enforcement board shall have the power to:
(a) Adopt rules for the conduct of its hearings;
(b) Subpoena alleged violators and witnesses to its
hearings. Subpoenas may be served by the sheriff of the
county or police department of the City -or- t-h~-cc}ce-}r~speeo~r-
(c) Subpoena evidence;
(d) Take testimony under oath;
(e) Issue orders having the force of law to command-ing-
whatever steps are necessary to bring a violation into
compliance."
SECTION SIX: Section 2-31 of the Code of Ordinances is hereby
amended to read as follows:
"Section 2-31
(1) The enforcement board, upon notification by the code
inspector that an -a-prev}ens- order of the enforcement board has
not been complied with by the set time or, upon finding that the
same violation has been repeated by the same violator, may order
the violator to pay a fine not to exceed two hundred fifty
dollars ($250.00) fig-l~ricl~eci-~$~AA~AA}-gem- d for each day
• the violation continues past the date set for compliance or for
each time the violation has been repeated, and a hearing shall
not be necessary for issuance of the order.
(2) In determining the amount of the fine, if any, the
enforcement board shall consider the following factors:
• (a) The gravity of the violation;
(b) Any actions taken by the violator to corret the
violation; and,
(c) Any previous violations committed by the violator.
(3). 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 and upon any
other real or personal property owned by the violator; and it may
be enfored 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 to be a court judgment except for enforcement
purposes. After six months -year from the filing of any
such 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 code section may be
foreclosed on real property which is a homestead under Section 4,
Article X of the Constitution of the State of Florida unless
otherwise permitted by State law. The lien created hereby shall
continue for a period of five (5) years after the certified copy
of an order imposing a fine has been recorded or for such other
period as may be provided in Florida Statutes Section 162 10, as
may from time to time be amended."
SECTION SEVEN: Section 2-32 of the Code of Ordinances is hereby
amended to read as follows:
"Section 2-32
An aggrieved party, including the City Council, may appeal
a final administrative -r~ligrg-ter order of the enforcement board
to the -by--c-&r-tior~r-i -!n-- 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 to be appealed."
SECTION EIGHT: Section 2-33 of the Code of Ordinances is hereby
amended to read as follows:
- - G"CL'net6gq
"Section 2-33
(a) All notices required by this article shall be provided
40 to the alleged violator by certified mail return receipt
requested, or, -when mail would not be effective- by hand
delivery by the sheriff or other law enforcement officer, -the-
code inspector, or other person designated by the City Council,
or by leaving the notice at the violators usual place of
residence with some person of his family above fifteen (15) years
of age and informing such person of the contents of the notice.
(b) In addition to providing notice as set forth in
subsection (a), at the option of the code enforcement board,
notice may also be served by publication or posting, as follows:
(1) Such notice shall be published once during each week
for four (4) consecutive weeks (four publications being
sufficient) in a newspaper of general circulation in the county.
The newspaper shall meet such requirements as are prescribed
under Florida Statutes Chapter 50 for legal and official
advertisements. Proof of such publication shall be made as
rovided in said Chapter 50.
(2) Notice of publication may run concurrently with, or may
follow, an attempt or attempts to provide notice by hand delivery
or by mail as required herein.
(C) Evidence that an attempt has been made to hand deliver
or mail notice as provided herein, together with proof of
publication, shall be sufficient to show that the notice
requirements of this article have been met, without regard to
whether or not the alleaed violator actuallv received such
notice."
SECTION NINE: This ordinance shall take effect immediately upon
its adoption.
Introduced for the first reading and set for final hearing
this 19th day of January , 1988.
Passed and adopted on second reading and public hearing this
2nd day of February , 1988.
40 ATTEST:
BONNIE THOMAS, CITY CLERK
MAYOR OAKLAND CHAPMAN