0783 Code Enforcement ORDINANCE NO. 783
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING
ARTICLE II, SECTIONS 2 -15 TO SECTIONS 2 -20 CODE OF
ORDINANCES; PROVIDING FOR INCORPORATION OF ALTERNATIVE
CODE ENFORCEMENT PROCEDURES; AMENDING DEFINITIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Article II, Section 2 -15 of the Code of Ordinances provides for certain Code
Enforcement procedures as permitted by Florida Statutes Chapter 162; and
WHEREAS, the existing codes do not contain language to address alternative methods
of Code Enforcement as provided by Chapter 162; and
WHEREAS, certain definitions in the code as well as language to update the section is
necessary to comply with Ordinance Number 782 recently enacted by the City to
provide for alternative methods of Code Enforcement;
THEREFORE, be it ordained by the City of Okeechobee, Florida that Article II, Sections
2 -15 to 2 -20 of the Code of Ordinances be amended in the following respects:
Section 2 -16. Definitions.
As used in this part, the terms:
(1) (no change)
(2) Code Inspector means any authorized agent or employee of the City of
Okeechobee who is appointed by Resolution of the City, and who serves at
the terms set by, and at the pleasure of, the City Council, and whose duty it
is to assure code compliance, cause issuance of notices, code violation
notices, citations to appear in court; to inspect properties for compliance; to
appear and present code violations to the Code Enforcement Board or to the
County Court; and such other duties as prescribed from time to time by the
City.
(3) (no change)
(4) (no change)
(5) Repeat violator means a violation of a provision of a code or ordinance by
a person who has been previously found through a Code Enforcement
Board, or any other quasi-judicial or court proceeding to have violated or
who has admitted violating the same provision within 5 years prior to the
violation, notwithstanding the violations should occur at different locations
or properties of the violator.
Section 2 -20. Effect of no violation.
In the event any alleged violator should appear or contest the violation through the
Code Enforcement Officer, before the Code Enforcement Board, or before the
County Court, and the Board or County Court should find as a matter of law and fact
from the evidence or witnesses presented by the Code Enforcement Officer
representing the City at such hearing, that no violation occurred by the alleged
violator, then no administrative charge or expense as provided herein shall be
Page 1 of 2
assessed against the alleged violator, and such allegations shall not constitute a
violation so as to form a basis for treating the alleged violator as a repeat violator
under this section, unless such violator would otherwise qualifyfor such designation
as defined in Section 2 -16.
INTRODUCED for first reading and set for final public hearing this 6th day of November,
2001.
James E. Kirk, Mayor
%.::ATTEST:
Bonnie'St Tho CMC, City Clerk
PASSED and ADOPTED on second and final public hearing this 4th of December, 2001.
James E. Kirk, Mayor
ATTEST:
A e
Bonnie S.Thomas, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
sot, k
John R. Cook, City Attorney
Page 2 of 2