0782 Code Enforcement ORDINANCE NO. 782
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING
AND ESTABLISHING ALTERNATIVE METHOD TO ENFORCE CITY
CODES AND ORDINANCES, AS AUTHORIZED BY CHAPTER 162 (21 -23)
FLORIDA STATUTES; DESIGNATING CODE OFFICERS AS PROVIDED
BY STATUTE; ESTABLISHING PROCEDURES FOR IMPLEMENTING THE
ENFORCEMENT OF CODES AND ORDINANCES BY CITATION;
CREATING SECTION 2 -21 CODE OF ORDINANCES; SETTING FORTH
PENALTIES AND PROCEDURES; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the enforcement of City codes and ordinances serves a legitimate public
service; protects the rights and responsibilities of all citizens of the City of
Okeechobee, and enacting enforcement procedures is a valid municipal function;
and
WHEREAS, to be effective and meaningful, the enforcement of codes and ordinances
must be performed in a timely manner, and should provide for penalties likely to
discourage offenders and repeat offenders; and
WHEREAS, the citing of offenders, and the use of existing code board procedures to
enforce codes and ordinances, remains an effective means for the City of
Okeechobee, but alternative methods of enforcement will enhance the ability of the
City to enforce its codes and ordinances;
NOW, THEREFORE, be it ordained by the City Council for the City of Okeechobee,
Florida, at public hearing and by majority vote of the City Council:
Section 2 -21 Supplemental Method of Enforcement.
1. THAT the City of Okeechobee, Florida adopts the procedures set forth in
Florida Statutes 162.21; 162.22 and 162.23 as an alternative method of
enforcement of codes and ordinances within the City, and incorporates said
Statutes, and as hereafter amended by the Florida Legislature, into this
ordinance.
2. THAT the City of Okeechobee, Florida shall adopt and obtain a standard
form of citation for use in code and ordinance violations which shall include
those provisions set out in Section 162.21(3)(c), and such other information
as deemed necessary by the City Administrator.
3. THAT the City of Okeechobee, Florida shall designate, by separate
resolution from time to time as necessary, those persons within the City who
may act as Code Enforcement Officers on behalf of the City, which persons
may be, but are not limited to, Law Enforcement Officers; Animal Control
Officers; Fire Safety Inspectors; Code Officers.
4. THAT although this alternative method of code and ordinance enforcement
pertains to each and every code and ordinance of the City, the City of
Okeechobee, Florida reserves the right, by separate resolution from time to
time as deemed appropriate, designate specific violations and schedule of
penalties therefore, for the issuance of citations, as permitted by Florida
Statue 162.21(5), but that this method of enforcement shall not be employed
to enforce any violations that may arise under Florida Statutes Section
553.73; 553.79 and 553.80.
Page 1 of 3
5. THAT the procedures for implementation of this method of enforcement shall
include:
a. That the use of uniform citations for enforcement of violations of any
City code or ordinance shall be limited to civil infractions.
b. The maximum penalty for violation of any code or ordinance is the
sum of $500.00 per violation.
c. The person(s) designated as Code Officers for the issuance of
citations hereunder is authorized to do so if such officer has
reasonable cause to believe that a person has committed an act in
violation of a code or ordinance.
d. Prior to issuing a citation, the Code Officer shall provide written notice
to the alleged violator of the violation of a code or ordinance, and
allow a period, depending on the circumstances and severity of the
violation, and the reasonable discretion of the officer, no less than 5
days but not to exceed 30 days in which to correct the violation. If,
after such period the Code Officer determines that the violation is not
corrected, a citation may then be issued to the violator.
e. An opportunity to correct the violation need not be provided by the
Code Officer in the event the Code Officer determines that the alleged
violator is a repeat violator, or that the nature of the violation is such
that the Code Officer has reason to believe that the violation presents
a serious threat to the public health, safety or welfare, or that the
violation is irreparable or irreversible in nature, in which case a citation
may be immediately issued. A repeat violator shall not be afforded the
opportunity to pay a citation in order to avoid a court appearance.
f. The citation shall include a notice to appear in the County Court on
the violation at a specified date, place and time, and if the alleged
violator fails to pay the assessed penalty on the citation or to appear
in County Court, a judgment may be entered against the violator for
an amount up to the maximum civil penalty.
g. The person(s) issued a citation under this procedure has the absoIytp
right to appear and contest the citation in County Court, Okeechq
County, Florida.
h. If the alleged violator elects to not contest the violation, and is not a
repeat violator as defined by Chapter 162, Florida Statutes, such
person may, prior to the date the person is set to appear in court, (i)
notify the Code Officer to conduct an inspection that the violation is
corrected; and (ii) pay a civil penalty to the clerk of court in such sum
as is set forth on the citation, plus any fees charged by the Clerk.
Thereupon, the citation shall be dismissed without court appearance.
SEVERABILITY. If any provision or portion of this Ordinance is declared by any court of
competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining
provisions and portions of this Ordinance shall remain in full force and effect.
Effective Date. The effective date for the enactment of this Ordinance shall be immediately
upon its passage.
INTRODUCED for first reading and set for final public hearing this 16 day of October,
2001.
Page 2 of 3
James E. Kirk, Mayor
ATTEST:
i
Bonnie S. Thomas, CMC, City Clerk
PASSED and ADOPTED on second and final public hearing this 6 of November, 2001.
if
i /,G
James E. Kirk, Mayor
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
k 4
'}-a-/tA I
John R. Cook, City Attorney
Page 3 of 3