0659 Code Enforcement ORDINANCE NO. 659
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA WHICH REPEALS CODE
SECTIONS 2 -15 THROUGH 2 -43 OF THE CODE OF ORDINANCES, AND WHICH ENACTS
AMENDED CODE SECTIONS 2 -15 THROUGH 2 -43; WHICH ADOPTS STATE STATUTES;
WHICH ENACTS ADMINISTRATIVE PROCEDURES AND FEES; AND WHICH REVISES CODE
ENFORCEMENT PROCEDURES FOR THE CITY OF OKEECHOBEF, FLORIDA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Code of Ordinances at Sections 2 -15 through 2-43 for the City of Okeechobee
tracks the Florida State Statute for Municipal Code Enforcement procedures, Chapter 162, Florida
Statutes, which State Statute is amended from time to time; and
WHEREAS, the State Statute has been amended since the enactment of Section 2 -15 et.seq. of
the Code of Ordinances for the City of Okeechobee, meaning the present code is out of date and
compliance with the State Statute; and
WHEREAS, the State Statute will likely to continue to be amended from time to time, which would
require like amendments to the City Code; it is
THEREFORE by majority vote approved and enacted a repeal of the existing Sections 2 -15
through 2 -43, and a revision of said Sections of the Code of Ordinances for the City of Okeechobee,
Florida which will remain flexible to accommodate the various amendments to the State Statute, and
which shall read as follows:
Sec. 2 -15. 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 the City of Okeechobee, Florida by authorizing the creation of administrative boards
with authority to impose administrative fines and other noncriminal penalties to provide an equitable,
expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in the
City of Okeechobee where a pending or repeated violation continues to exist.
Sec. 2-16. Definitions.
As used in this part, the terms:
(1) "local governing body" means the City Council of the City of Okeechobee, Florida.
(2) "Code Inspector" means any authorized agent or employee of the City of Okeechobee
who is appointed, and serves at the terms set by, and at the pleasure of, the City Council,
and whose duty it is to assure code compliance, cause code violation notices to be
initiated, and to present code violations before the Code Enforcement Board.
(3) "Local goveming body attorney" means the legal counselor for the City of Okeechobee.
(4) "Enforcement Board" means a seven member board comprised of persons who are
permanent residents within the City of Okeechobee who are appointed by the City Council
as provided by State Law, to hear and determine code enforcement violations brought
before it.
(5) "Repeat violation" means, for purposes of enfocement of codes and ordinances within
the City of Okeechobee, Florida, a violation of a City Ordinance or Code by a person
whom the code enforcement board has previously found by Code Board Order to have
violated the same provision of the Ordinance or Code within two (2) years prior to the date
of the first notice of the new violation.
Sec. 2 17. Adoption of State Statute.
It is herein adopted Chapter 162, Florida Statutes, Parts 1 II, "Local Government Code
Enforcement Boards Act", in its entirety, as presently written or as hereafter amended by the State
Legislature, as substantive authority for, and to proscribe procedures for, the establishment,
organization, and operations of the local Code Enforcement Board for the City of Okeechobee, Florida.
Sec. 2 -18. Administrative Procedures.
All code enforcement operations for the City of Okeechobee, Florida shall be administratively
handled through the City Department of General Services, who shall provide the appropriate forms; take
complaints; process complaints; direct the Code Enforcement Officer in his/her investigation into said
complaints; schedule Code Board Meetings; provide a tape recorded record of such meetings; prepare
and record official acts and orders of the board; prepare and file any liens as directed by the board;
and to generally be responsible for all operation and record keeping for the Code Enforcement Board.
The Code Board may from time to time forward on to the City Council as an agenda item, or for general
consideration, any matter, request, suggestion or concern the board may vote upon at a regular or
special meeting that it determines should be addressed by the City Council.
Sec. 2 -19. Administrative Staff Fees.
Any first-time violators of any City Ordinance or Code, or those not considered to be repeat
violators as defined herein, are required to correct the alleged violation upon receipt of a first notice
of violation from the City of Okeechobee. If such violation is not corrected, and a second notice must
be sent, then the City shall assess and collect from the violator an administrative fee of $25.00 for
processing the complaint, plus any additional expense incurred in long distance phone charges;
certified mail expense, recording charge, oranysuch other reasonable administrative expense incurred
in processing the complaint, which excludes the salary of the Code Enforcement Officer or City
employees, regardless of whether the violator should come into compliance with the cited ordinance
or code prior to the public hearing on the violation.
For those persons who qualify as repeat violators by this Ordinance, upon the initiation and
processing by the City of any complaint for being in violation of a City Ordinance or Code, the City shall
assess and collect from the violator an administrative fee of $25.00 for processing the complaint, plus
any additional expense incurred in long distance phone charges; certified mail expense, recording
charge, or any such other reasonable administrative expense incurred in processing the complaint,
which excludes the salary of the Code Enforcement Officer or City employees, regardless of whether
the violator should come into compliance with the cited ordinance or code prior to the public hearing
on the violation.
Sec. 2 -20. Effect of no Violation.
In the event any alleged violator should appear or contest the violation through the Code
Enforcement Officer, or before the Code Enforcement Board, and the board finds as a matter of fact
and law from the evidence presented by the Code Enforcement Officer, or other witnesses, that there
was no violation of any City Ordinance or Code by the alleged violator, then no administrative charge
or expense as provided herein shall be assessed to the alleged violator.
Sec. 2 -21 through 2 -43 Reserved.
This ordinance shall be set for final public hearing the 15th day of June 1993, and shall
take effect immediately upon its adoption.
Introduced for first reading and set for final public ing this 1st day of June
1993.
AYOR JAMES L. KIRK
ATTEST:
BONNIE S. THOMAS, CMC, CITY CLERK
Passed and adopted on second reading and fi ublic hearing this 15th day of June
1993.
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IVIAYOR JAMES E. KIRK
ATTEST:
AP
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BONNIE S. THOMAS, CMC, CITY CLERK