1174 Abolish CEB and add MagistrateORDINANCE NO. 1174
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA;
AMENDING SECTION 18, ARTICLE II, OF THE CODE OF
ORDINANCES, 18-32 THEREOF, DEFINITION OF CODE
ENFORCEMENT BOARD; ABOLISHING THE CURRENT SEVEN
MEMBER CODE ENFORCEMENT BOARD AS AUTHORIZED BY
FLORIDA STATUTES CHAPTER 162.03 THEREOF; ENACTING
SECTION 18-37, ESTABLISHING A MAGISTRATE SYSTEM FOR ALL
CODE ENFORCEMENT ACTIVITIES; AUTHORIZING THE
AP'POINTMENT OF A MAGISTRATE FOR CODE ENFORCEMENT
PURPOSES; MANDATING THE RIGHT OF PUBLIC COMMENT AT
CC)DE ENFORCEMENT HEARINGS; SETTING RESIDENCY
REQUIREMENTS FOR THE MAGISTRATE; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Florida Statute Chapter 162 permits municipalities to elect its method of
code enforcement within the City, via an appointed five or seven member board,
or by appointing a Magistrate to carry out the duties of an appointed board; and
WHEREAS, the City of Okeechobee has traditionally used an appointed board for code
enforcement purposes, and acknowledges its appreciation of the many code
board members over the years for their services on a voluntary basis to the City
and its residents; and
WHEREAS, the City of Okeechobee, through observation of the Magistrate system
used by Okeechobee County and other municipalities, believes that a Magistrate
system is more expeditious in the processing of code violations, and as the
Magistrate must be a member of the Florida Bar, who is trained in the
interpretation of statutes and codes, he or she would ensure the legal standards
set out by Florida Statute Chapter 162 are met; and
WHEREAS, it is in the best interests of the City of Okeechobee and its residents for
code enforcement purposes to enact the Magistrate system for prompt
processing of code violations and issuance of legally sustainable rulings.
NOW, THEREFORE, be it ordained by the City Council of the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority
vote of the City Council; and properly executed by the Mayor or designee, as
Chief Presiding Officer for the City:
SECTION 1: Amendment to Section 18-32 - Definitions.
That the City Council for the City of Okeechobee, Florida, amends herein the definition
of Enforcement Board contained in Article II, Section 18-32, Code of Ordinances, to
read as follows:
Section 18-32. Definitions.
Code Enforcement Board means the system of enforcement of City Codes or
other assigned duties from the City Council, as authorized in Florida Statutes
Chapter 162.03, or as hereafter amended, as may be enacted by ordinance from
the City Council, which may include a five or seven -member board comprised of
pe e _ residents within of the City
ciF. _ _ _ _ e e • - e e• _ - - .. , of Okeechobee, or the appointment of a
Magistrate, to hear and determine code enforcement violations brought before it
the board. This definition shall apply in every section of City codes or ordinances
that refer to Code Enforcement Board.
Ordinance No. 1174 - Page 1 of 2
Language to be added is underlined.
Language to be deleted is stwsk-tgreugh.
SECTION 2: Addition of Section 18-37. Magistrate.
That the City Council for the City of Okeechobee, Florida, amends Article Il, section 18,
to add Section 18-37 to section 18, to read as follows;
Section 18-37. - Magistrate.
Pursuant to the authority of the City of Okeechobee set forth in Florida Statutes
Chapter 162.03, the City enacts a system of enforcement of city codes, or such
other duties as assigned by the City Council, and to retain a Magistrate to hear,
determine and issue orders on matters of code violations as may be filed by the
code officer for the City of Okeechobee.
Appointment and Duties.
The position of Magistrate shall be appointed by vote of the City Council after
advertising for same. The Magistrate shall serve at the pleasure of the City
Council and may be removed by the City Council at any time with or without
cause. The Magistrate shall be a member of good standing with the Florida Bar,
and be a resident of Okeechobee county, Florida. The compensation of the
Magistrate shall be set by resolution of the City Council. Although the office of
code enforcement is a quasi-judicial board, pursuant to F.S. 286.0114 the City of
Okeechobee requires that at the public code enforcement meetings, the
Magistrate allow reasonable comment by members of the public if so requested.
The Magistrate shall hear and determine code violations issuing from the code
enforcement officer, and promptly issue its findings of fact, and conclusions of
law, at the public meeting wherein the code violation is heard.
SECTION 3: Conflict. That all laws or ordinances in conflict with any provision of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 4: 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.
SECTION 5: Effective Date. This Ordinance shall take effect immediately upon its
passage.
INTRODUCED for First reading and set for Final Public Hearing on this 18th day of
September, 2018.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane'Gamiotea, C' C, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 2nd day of
October, 2018.
ATT
62'XL Wee'
Lane! Gamiotea, CMC, City Clerk
RFYIEWED FOR
EGAL,SUFFICIENCY:
John R. Cook, City Attorney
Language to be added is underlined.
Language to be deleted is strusl-through.
Ordinance No. 1174 - Page 2 of 2
owling R. Watford; r., Mayor