1175 #18-002-TAORDINANCE NO. 1175
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR
AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUB -PART B, LAND
DEVELOPMENT REGULATIONS; PROVIDING FOR AN AMENDMENT TO CHAPTER
66 -GENERAL PROVISIONS, SECTION 66-1 TO INCLUDE A DEFINITION FOR
MAGISTRATE; PROVIDING FOR AN AMENDMENT TO CHAPTER 70 -
ADMINISTRATION, SECTION 70-191 TO PROVIDE FOR ESTABLISHMENT AND
COMPOSITION OF A MAGISTRATE; AMENDING SECTION 70-192 TO PROVIDE FOR
POWERS AND DUTIES OF A MAGISTRATE; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as
amended, known as the Land Development Regulations; and
WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances
and land development regulations, to make amendments to meet changing community standards;
and to create new ordinance or regulation to better serve the public; and
WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency,
reviewed and discussed these proposed Amendments, Text Amendment Application No. 18 -002 -
TA, at a duly advertised public hearing held on September 20, 2018, and based on findings of fact
by the planning staff, hereby recommends approval to certain changes, amendments or
modifications of the code of ordinances, to present to the City Council for ordinance adoption and
codification; and
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, 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 before the City Council for 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 and Adoption to Section 66-1.
The City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances, Subpart
B -Land Development Regulations, Chapter 66 -General Provisions, by adding a definition for magistrate in
Section 66-1, as follows:
Magistrate means in the context of the City of Okeechobee, the magistrate is an appointed local
official, and member of the Florida Bar, entrusted with the administration of codes and laws; he or
she is the principal officer exercising governmental powers, or judicial functions in quasi-judicial
proceedings before boards within the city; taking and receiving evidence, making findings of fact
and conclusions of law, and issuing legally binding orders thereon. This definition shall apply in
every section of City codes or ordinances that refer to Code Enforcement Board.
Ordinance No. 1175 - Page 1 of 3
Language to be added is underlined.
Language to be deleted is skask-through.
SECTION 2: Amendment and Adoption to Section 70-191.
That the City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances,
Subpart B -Land Development Regulations, Chapter 70 -Administration, Article H -City Council, Departments
and Boards, Committees and Commissions, Division 8 -Code Enforcement Board,by amending the
establishment and composition in Section 70-191, as follows:
There is hereby established a co
crs and
architcct, engineer, surveyor, urban planner, landscape architect, general contractor, realtor,
• : - - - • . 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. The definition of magistrate shall apply in every section of City codes or ordinances
that refer to Code Enforcement Board.
SECTION 3: Amendment and Adoption to Section 70-192.
That the City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances,
Subpart B -Land Development Regulations, Chapter 70 -Administration, Article II -City Council, Departments
and Boards, Committees and Commissions, Division 8 -Code Enforcement Board, by amending the powers
and duties in Section 70-192, as follows:
A. The code enforcement board shall have the following powers and duties:
(1) Enforce the land development. To enforce and regulate the subdivision of lands; to
regulate the use of land and water for those land use categories included in the land use
element in the comprehensive plan to ensure their compatibility of adjacent uses and
provide for open space; to provide for protection of potable water well fields; to regulate
areas subject to seasonal and periodic flooding and stormwater management; to ensure
the protection of environmentally sensitive lands designed in the comprehensive plan; to
regulate signage; to prove that public facilities and services meet or exceed the standards
set in the capital improvement element of the comprehensive plan, and are available when
needed for development, or that development orders or permits are conditioned on the
availability of these public services; to ensure safe and convenience on-site traffic flow and
parking and to enforce or regulate such other provisions as are mandated by the land
development regulation.
(2) Hearing. To subpoena alleged violators and witnesses to the board's hearings, and to
subpoena evidence and take testimony under oath. To review such evidence and
testimony, and to decide whether or not a violation of these regulations has occurred.
(3) Enforce compliance. To issue orders having the force of law commanding whatever steps
are necessary to bring a violation of these regulations under compliance.
The city attorney shall be legal counsel to the board.
B. The position of magistrate shall be appointed by vote of the City Council after advertising for
same,
(1) 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.
(2) The magistrate shall be a member of good standing with the Florida Bar, and be a resident
of Okeechobee County, Florida.
(3) The compensation of the magistrate shall be set by resolution of the City Council.
(4) Although the code board is a quasi-judicial board, pursuant to Florida Statute 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.
(5) 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.
Language to be added is underlined.
Language to be deleted is slwsl--through.
Ordinance No. 1175 - Page 2 of 3
SECTION 4: Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SECTION 5: 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 6: Effective Date. This Ordinance shall take effect immediately upon its passage.
INTRODUCED for First reading and set for Final Public Hearing on this 211d day of October, 2018.
ATTEST
Aav I�
t -e,_,
Lane Gamiotea, CMC, City Clerk
Dowling R. Watford, Jr., Mayor
PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of October, 2018.
ATTEST:
a an
Lane Gamiotea, C C, City Clerk
RENEWED FOR LEG SUFF CIENCY:
JU2�
John R. Cook, City Attorney
Ordinance No. 1175 - Page 3 of 3
Language to be added is underlined.
Language to be deleted is struck -through.
owling R. vv tfapd, Jr., Mayor
AGENDA
SEPTEMBER 20, 2018 • PLANNING BOARDIBOARD OF ADJUSTMENT - PAGE 2 OF 9 1 75
ACTION - DISCUSSION - VOTE
VI. OPEN PUBLIC HEARING — Chairperson.
A. Consider I.DR Text Amendment Application No. 18 -002 -TA amending
Sections 66-1; 70-191; 70-192 (Exhibit 1).
1. Presented by City Staff.
2. Public comments or questions from those in attendance, or submitted to
the Board Secretary.
3. Disclosure of Ex -Parte Communications by the Board.
4. a) Consider a recommendation to the City Council to approve or deny
Application No, 18 -002 -TA.
CHAIR HOOVER OPENED THE PUBLIC HEARING AT 6:04 P.M.
The following proposed Land Development Regulation (LDR) Text Amendmen!s, provided through Application No.
18 -002 -TA, amends Code Book Sections 66-1; 70-191; 70-192.
Attorney Cook was present to provide the Board with information pertaining to the City Council's decision at their ;I
meeting on September 18, 2018 to replace the Code Enforcement Board with a Magistrate system. This application
is to update sections in the Land Development Regulation's (LDRs) that reference Code Board and replace with
Magistrate and in addition establish a definition of a Magistrate.
Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were
none.
Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone prior to
this meeting regarding the Application. None were offered.
A motion and a second was offered by Members Keefe and Batton to find LDR Text Amendment Application No.
18 -002 -TA consistent with the Comprehensive Plan, and recommended approving the following Sections as
presented:
Add the following definition to Section 66.1: Magistrate means in the context of the City of Okeechobee, the
magistrate is an appointed local official, and member of the Florida Bar, entrusted with the administration of codes
and laws; he or she is the principal officer exercising governmental powers, or judicial functions in quasi-judicial
proceedings before boards within the city; taking and receiving evidence, making findings of fact and conclusions of .I
law, and issuing legally binding orders thereon. This definition shall apply in every section of City codes or
ordinances that refer to Code Enforcement Board.
Amend Section 70-191 to read: 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. The definition of magistrate shall apply in every section of City codes
or ordinances that refer to Code Enforcement Board.
Add to Section 70-192, a subparagraph (b) which reads: The position of magistrate shall be appointed by vote of
the City Council after advertising for same.
1. 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.
2. The magistrate shall be a member of good standing with the Florida Bar, and be a resident of Okeechobee
County, Florida.
176
SEPTEMBER 20, 2018 - PLANNING BOARDIBOARD OF ADJUSTMENT - PAGE 3 OF 9
AGENDA
ACTION - DISCUSSION - VOTE
VI. PUBLIC HEARING ITEM CONTINUED.
A. 4. a) consider a recommendation to the City Council to approve or deny
Application No. 18 -002 -TA continued.
b) Board discussion.
c) Vote on motion.
QUASI-JUDICIAL ITEM:
B. Special Exception Petition No. 18 -002 -SE to allow for an outdoor vehicle sales
lot within a Heavy Commercial Zoning District, (Ref. Sec. 90-283(18)) for Lots
14 through 17, of Block 163, CITY OF OKEECHOBEE, Plat Book 1, Pagel 0,
Public Records of Okeechobee County, containing approximately 0.651±
acres and located at 920 Northwest Park Street (Exhibit 2).
1. Administer of Oath (anyone intending to offer testimony on Petition No.
18 -002 -SE will be required to take an oath, respond, and give your full
name and address) — Board Secretary.
2. Review Planning Staff Report — recommending approval with special
conditions.
3. The dompensation of the magistrate shall be set by resolution of the City Council. •
4. Although the code board is a quasi-judicial board, pursuant to Florida Statute 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.
5. 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.
Chairperson Hoover asked whether there was any further discussion. There was none.
VOTE
HOOVER — YEA MCCOY — ABSENT BATTON — YEA
JONASSAINT — YEA MCCREARY— YEA KEEFE — YEA
BAUGHMAN —YEA
JARRIEL — N/A
BRASS —YEA
MOTION CARRIED.
The recommendation will be forwarded to the City Council for consideration at a Public Hearing tentatively scheduled
for October 16, 2018 at 6:00 P.M.
Special Exception Petition No. 18 -002 -SE, requests to allow for an outdoor vehicle sales lot within a Heavy
Commercial Zoning District, (Ref. Sec. 90-283(18)) for Lots 14 through 17, of Block 163, CITY OF OKEECHOBEE,
Plat Book 1, Pagel 0, Public Records of Okeechobee County, containing approximately 0.651± acres and located at
920 Northwest Park Street. The Petition was submitted by Mr. Roland Durrance, Registered Agent of the Property
Owner, Eli's Trailer Sales LLC.
This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer
testimony, all responded affirmatively, and stated their names and addresses for the record: Bill Brisson, Senior
Planner, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida, Mr. Jeff Sumner, PE
with Sumner Engineering & Consulting, Inc, 410 Northwest 2nd Street, Okeechobee, Florida.
Chairperson Hoover yielded the floor to Mr. Bill Brisson, Senior Planner for LaRue Planning and Management
Services, Inc. Mr. Brisson explained the parcel is currently vacant and located at the Southeast corner of Northwest
10th Avenue and Park Street. The subject site is intended for the storage of trailers for sale associated with the
existing sales operation located at 908 Northwest Park Street. No additional office space is proposed and no
employees will be located on the subject property. The site plan shows most of the parcel will be covered in asphalt
ORDINANCE NO. 11XX Exhibit '1
AN ORDINANCE i OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR
AMENDMENTS T9 PART II OF THE CODE OF ORDINANCES, SUB -PART B, LAND
DEVELOPMENT REGULATIONS; PROVIDING FOR AN AMENDMENT TO CHAPTER
66 -GENERAL PROVISIONS, SECTION 66-1 TO INCLUDE A DEFINITION FOR
MAGISTRATE; PROVIDING FOR AN AMENDMENT TO CHAPTER 70 -
ADMINISTRATION, SECTION 70-191 TO PROVIDE FOR ESTABLISHMENT AND
COMPOSITION OF A MAGISTRATE; AMENDING SECTION 70-192 TO PROVIDE FOR
POWERS AND DUTIES OF A MAGISTRATE; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as
amended, known as the Land Development Regulations; and
WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances
and land development regulations, to make amendments to meet changing community standards;
and to create new ordinance or regulation to better serve the public; and
WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency,
reviewed and discussed these proposed Amendments, Text Amendment Application No. 18 -002 -
TA, at a duly advertised public hearing held on September 20, 2018, and based on findings of fact
by the planning staff, hereby recommends to certain changes, amendments or
modifications of the code of ordinances, to present to the City Council for ordinance adoption and
codification; and
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, 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 before the City Council for 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 and Adoption to Section 66-1.
The City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances, Subpart
B -Land Development Regulations, Chapter 66 -General Provisions, by adding a definition for magistrate in
Section 66-1, as follows:
Magistrate means in the context of the City of Okeechobee, the magistrate is an appointed local
official, and member of the Florida Bar, entrusted with the administration of codes and laws; he or
she is the principal officer exercising governmental powers, or judicial functions in quasi-judicial
proceedings before boards within the city; taking and receiving evidence, making findings of fact
and conclusions of law, and issuing legally binding orders thereon. This definition shall apply in
every section of City codes or ordinances that refer to Code Enforcement Board.
Ordinance No. 11 XX - Page 1 of 3
Language to be added Is underlined.
Language to be deleted Is struck-IAreugh.
SECTION 2: Amendment and Adoption to Section 70-191.
That the City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances,
Subpart B -Land Development Regulations, Chapter 70 -Administration, Article II -City Council, Departments
and Boards, Committees and Commissions, Division 8 -Code Enforcement Board, by amending the
establishment and composition in Section 70-191, as follows:
business person, and lay persons. 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. The definition of magistrate shall apply in every section of City codes or ordinances
that refer to Code Enforcement Board.
SECTION 3: Amendment and Adoption to Section 70-192.
That the City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances,
Subpart B -Land Development Regulations, Chapter 70 -Administration, Article II -City Council, Departments
and Boards, Committees and Commissions, Division 8 -Code Enforcement Board, by amending the powers
and duties in Section 70-192, as follows:
A. The code enforcement board shall have the following powers and duties:
(1) Enforce the land development. To enforce and regulate the subdivision of lands; to
regulate the use of land and water for those land use categories included in the land use
element in the comprehensive plan to ensure their compatibility of adjacent uses and
provide for open space; to provide for protection of potable water well fields; to regulate
areas subject to seasonal and periodic flooding and stormwater management; to ensure
the protection of environmentally sensitive lands designed in the comprehensive plan; to
regulate signage; to prove that public facilities and services meet or exceed the standards
set in the capital improvement element of the comprehensive plan, and are available when
needed for development, or that development orders or permits are conditioned on the
availability of these public services; to ensure safe and convenience on-site traffic flow and
parking and to enforce or regulate such other provisions as are mandated by the land
development regulation.
(2) Hearing. To subpoena alleged violators and witnesses to the board's hearings, and to
subpoena evidence and take testimony under oath. To review such evidence and
testimony, and to decide whether or not a violation of these regulations has occurred.
(3) Enforce compliance. To issue orders having the force of law commanding whatever steps
are necessary to bring a violation of these regulations under compliance.
The city attorney shall be legal counsel to the board.
B. The position of magistrate shall be appointed by vote of the City Council after advertising for
same.
(1) 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.
(2) The magistrate shall be a member of good standing with the Florida Bar, and be a resident
of Okeechobee County, Florida.
(3) The compensation of the magistrate shall be set by resolution of the City Council.
(4) Although the code board is a quasi-judicial board, pursuant to Florida Statute 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.
(5) 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.
Ordinance No.11XX - Page 2 of 3
Language to be added is underlined.
Language to be deleted Is stfusk-Ibfeugb.
SECTION 4: Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SECTION 5: 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 6: Effective Date. This Ordinance shall take effect immediately upon its passage.
INTRODUCED for First reading and set for Final Public Hearing on this day of , 2018.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this — day of , 2018.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Ordinance No. 11XX- Page 3 of 3
Language to be added is underlined.
Language to be deleted is Nruslt-lhreugh.
Dowling R. Watford, Jr., Mayor
8/27/2018 Okeechobee, FL Code of Ordinances
DIVISION 8. - CODE ENFORCEMENT BOARD[31
Sec. 70-191. - Establishment and composition.
16-60A-711
q- o- (8 P ti
There is hereby established a code enforcement board which shall consist of seven members and two
alternates to be appointed by the city council. Members shall serve for overlapping terms of three years.
Membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor,
urban planner, landscape architect, general contractor, realtor, business person, and lay persons.
(LDR 1998, § 159(1))
Sec. 70-192. - Powers and duties.
The code enforcement board shall have the following powers and duties:
(1) Enforce the land development. To enforce and regulate the subdivision of lands; to
regulate the use of land and water for those land use categories included in the land
use element in the comprehensive plan to ensure their compatibility of adjacent uses
and provide for open space; to provide for protection of potable water well fields; to
regulate areas subject to seasonal and periodic flooding and stormwater management;
to ensure the protection of environmentally sensitive lands designed in the
comprehensive plan; to regulate signage; to prove that public facilities and services
meet or exceed the standards set in the capital improvement element of the
comprehensive plan, and are available when needed for development, or that
development orders or permits are conditioned on the availability of these public
services; to ensure safe and convenience on-site traffic flow and parking and to enforce
or regulate such other provisions as are mandated by the land development regulation.
(2) Hearing. To subpoena alleged violators and witnesses to the board's hearings, and to
subpoena evidence and take testimony under oath. To review such evidence and
testimony, and to decide whether or not a violation of these regulations has occurred.
(3) Enforce compliance. To issue orders having the force of law commanding whatever
steps are necessary to bring a violation of these regulations under compliance.
The city attorney shall be legal counsel to the board.
(LDR 1998, § 159(2))
Secs. 70-193-70-210. - Reserved.
1/1
382
AGENDA
COUNCIL ACTION - DISCUSSION - VOTE
IX.
NEW BUSINESS
A.1.a) Motion to read proposed Ordinance No. 1175 by title only, and set
October 16, 2018, as a Final Public Hearing date regarding Land
Development Regulation Text Amendment Application No. 18 -002 -TA
to approve certain amendments in Chapters 66 and 70 of the Code of
Ordinances - City Attorney (Exhibit 3).
b) Vote on motion to read proposed Ordinance No. 1175 by title only and
set final public hearing date.
c) City Attorney to read proposed Ordinance No. 1175 by title only.
2.a) Motion to approve the first reading of proposed Ordinance No. 1175.
b) Public discussion and comments.
Council Member Ritter moved to read proposed Ordinance No. 1175 by title only, and set October 16, 2018, as a
Final Public Hearing date regarding Land Development Regulation Text Amendment Application No. 18 -002 -TA to
approve certain amendments in Chapters 66 and 70 of the Code of Ordinances; seconded by Council Member
Abney.
VOTE:
WATFORD—YEA ABNEY—YEA CHANDLER—YEA
CLARK—YEA RITTER—YEA MOTION CARRIED.
Mayor Watford read proposed Ordinance No. 1175 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA; PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES,
SUB -PART B, LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AN AMENDMENT TO CHAPTER
66 -GENERAL PROVISIONS, SECTION 66-1 TO INCLUDE A DEFINITION FOR MAGISTRATE; PROVIDING FOR
AN AMENDMENT TO CHAPTER 70 -ADMINISTRATION, SECTION 70-191 TO PROVIDE FOR
ESTABLISHMENT AND COMPOSITION OF A MAGISTRATE; AMENDING SECTION 70-192 TO PROVIDE FOR
POWERS AND DUTIES OF A MAGISTRATE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE."
Motion and second by Council Members Ritter and Clark to approve the first reading of proposed Ordinance No.
1175.
Mayor Watford asked if there were any comments from the public; there were none. Administrator MontesDeOca
explained this Ordinance directly relates to Ordinance No. 1174 adopted in the Public Hearing portion of the
meeting. Staff is recommending the effective date of this Ordinance be changed to February 1, 2019, to allow for
the completion of the Request For Qualification (RFQ) process.
Council Members Clark, Abney and Ritter questioned why amendments need to be made to Section 70-192 of the
LDR's. They were not aware that the CEB enforced this. Administrator MontesDeOca responded he would have to
defer to Attorney Cook and will provide the information at the final public hearing. The Council instructed
Administrator MontesDeOca to provide clarification on this Ordinance at the Final Public Hearing set for
October 16, 2018.
AGENDA
OCTOBER 2, 2018 - REGULAR MEETING - PAGE 7 OF 7 383
COUNCIL ACTION • DISCUSSION • VOTE
IX. NEW BUSINESS CONTINUED
A.2.c) Vote on motion to approve first reading of proposed Ordinance No.
1175.
ITEM ADDED TO AGENDA: B. Discussion regarding traffic and speeders on
local streets - Police Chief Peterson (Exhibit 4).
ADJOURNMENT - Mayor
Please take notice and be advised thaf,when a person decides to appeal any decision made by the City Council with
respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding
is made, which record indudes the testimony and evidence upon which the appeal is to be based. City Clerk media are
for the sol" purpose of backup for officialecords of the Clerk.
Lane Gamiotea, C r C, City Clerk
Dowling R. Watford, Jr.,' ayor
VOTE:
WATFORD — YEA ABNEY — YEA CHANDLER — YEA
CLARK — YEA RITTER — YEA MOTION CARRIED.
Police Chief Peterson provided a brief summary of the complaints his office has been receiving regarding vehicles
speeding in residential neighborhoods. To help alleviate this problem, Lieutenant Bernst applied for grant funding
through the Florida Department of Transportation to purchase two Stalker Speed Awareness Monitors (Stalker
SAM). Chief Peterson received notification that the application made it to the final stages of award, but was denied
due to changes in the grant parameters; equipment could no longer be purchased with these funds. The purchase
of this equipment was not included in the Fiscal Year 2018-19 Budget due to the anticipation of the grant funds.
A memorandum with the Stalker SAM specification sheet was distributed to the Council. It is a trailer equipped with
radar and speed monitoring software. Stalker SAM provides optional traffic analyst software that collects pertinent
data such as vehicle count, average speed per vehicle, average speed per time frame, and peak traffic hours. The
unit can also be set to flash red and blue lights once a speed exceeds the threshold limit that is set. The cost for two
Stalker SAM units with the optional traffic analysis software is approximately $25,000.00. The anticipated lead time
for delivery is six to eight weeks. Chief Peterson is requesting approval to begin the purchasing process of these
units.
Mayor Watford asked whether there were any comments from the public. Mr. J.D. Mixon thanked the City for their
willingness to help alleviate this problem, adding the Stalker SAM is a great way to deter speeding but questioned
the purity of the data. He suggested utilizing the software without the sign initially; when more than one vehicle is
traveling together, the data captured becomes impure when the lead vehicle reduces its speed resulting in the trail
vehicles to also reduce their speed. Mr. Bob Jarriel said the number one complaint he has received during his
campaigning efforts is speeding and thinks this is a good, inexpensive solution. Mayor Watford thanked Chief
Peterson for his presentation and information. The consensus of the Council was to move forward with the
purchasing process of the Stalker SAM's unit.
There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 7:23 P.M. The
next regular scheduled meeting is October 16, 2018.
Exhibit 3
Oct 2, 2018
ORDINANCE NO. 1175
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR
AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUB -PART B, LAND
DEVELOPMENT REGULATIONS; PROVIDING FOR AN AMENDMENT TO CHAPTER
66 -GENERAL PROVISIONS, SECTION 66.1 TO INCLUDE A DEFINITION FOR
MAGISTRATE; PROVIDING FOR AN AMENDMENT TO CHAPTER 70 -
ADMINISTRATION, SECTION 70-191 TO PROVIDE FOR ESTABLISHMENT AND
COMPOSITION OF A MAGISTRATE; AMENDING SECTION 70-192 TO PROVIDE FOR
POWERS AND DUTIES OF A MAGISTRATE; PROVIDING FOR CONFLICT;
PROVIDING FOR'SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as
amended, known as the Land Development Regulations; and
WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances
and land development regulations, to make amendments to meet changing community standards;
and to create new ordinance or regulation to better serve the public; and
WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency,
reviewed and discussed these proposed Amendments, Text Amendment Application No. 18 -002 -
TA, at a duly advertised public hearing held on September 20, 2018, and based on findings of fact
by the planning staff, hereby recommends approval to certain changes, amendments or
modifications of the code of ordinances, to present to the City Council for ordinance adoption and
codification; and
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, 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 before the City Council for 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 and Adoption to Section 66-1.
The City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances, Subpart
B -Land Development Regulations, Chapter 66 -General Provisions, by adding a definition for magistrate in
Section 66-1, as follows:
Magistrate means in the context of the City of Okeechobee, the magistrate is an appointed local
official, and member of the Florida Bar, entrusted with the administration of codes and laws; he or
she is the principal officer exercising governmental powers, or judicial functions in quasi-judicial
proceedings before boards within the city; taking and receiving evidence, making findings of fact
and conclusions of law, and issuing legally binding orders thereon. This definition shall apply in
every section of City codes or ordinances that refer to Code Enforcement Board.
Ordinance No. 1175 - Page 1 of 3
Language to be added is underlined.
Language to be deleted is sitrudr-thratugb.
SECTION 2: Amendment and Adoption to Section 70-191.
That the City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances,
Subpart B -Land Development Regulations, Chapter 70 -Administration, Article II -City Council, Departments
and Boards, Committees and Commissions, Division 8 -Code Enforcement Board, by amending the
establishment and composition in Section 70-191, as follows:
three years. Membership of the board, where poecible, shall consist of any of the following:
- e - - et, general contractor, r altor,
bu-sins, person, and lay persons. 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. The definition of magistrate shall apply in every section of City codes or ordinances
that refer to Code Enforcement Board.
SECTION 3: Amendment and Adoption to Section 70-192.
That the City Council for the City of Okeechobee. Florida. amends herein Part II Code of Ordinances,
Subpart B -Land Development Regulations, Chapter 70 -Administration. Article II -City Council, Departments
and Boards, Committees and Commissions, Division 8 -Code Enforcement Board, by amending the powers
and duties in Section 70-192, as follows:
A. The code enforcement board shall have the following powers and duties:
(1) Enforce the land development. To enforce and regulate the subdivision of lands; to
regulate the use of land and water for those land use categories included in the land use
element in the comprehensive plan to ensure their compatibility of adjacent uses and
provide for open space; to provide for protection of potable water well fields; to regulate
areas subject to seasonal and periodic flooding and stormwater management; to ensure
the protection of environmentally sensitive lands designed in the comprehensive plan; to
regulate signage; to prove that public facilities and services meet or exceed the standards
set in the capital improvement element of the comprehensive plan, and are available when
needed for development, or that development orders or permits are conditioned on the
availability of these public services; to ensure safe and convenience on-site traffic flow and
parking and to enforce or regulate such other provisions as are mandated by the land
development regulation.
(2) Hearing. To subpoena alleged violators and witnesses to the board's hearings, and to
subpoena evidence and take testimony under oath. To review such evidence and
testimony, and to decide whether or not a violation of these regulations has occurred.
(3) Enforce compliance. To issue orders having the force of law commanding whatever steps
are necessary to bring a violation of these regulations under compliance.
The city attorney shall be legal counsel to the board.
B. The position of magistrate shall be appointed by vote of the City Council after advertising for
same.
(1)
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.
(2) The magistrate shall be a member of good standing with the Florida Bar, and be a resident
of Okeechobee County, Florida.
(3) The compensation of the magistrate shall be set by resolution of the City Council.
(4) Although the code board is a quasi-judicial board, pursuant to Florida Statute 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.
(5)
Ordinance No. 1175 - Page 2 of 3
Language to be added is underlined.
Language to be deleted is skackltusugh.
SECTION 4: Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SECTION 5: 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 6: Effective Date. This Ordinance shall take effect immediately upon its passage.
INTRODUCED for First reading and set for Final Public Hearing on this 2nd day of October, 2018.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of October, 2018.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Ordinance No. 1175 - Page 3 of 3
Language to be added is underlined.
Language to be deleted is cOud t roi4i.
Dowling R. Watford, Jr., Mayor
386
OCTOBER 16, 2018 • REGULAR MEETING - PAGE 3 OF 9
AGENDA
COUNCIL ACTION - DISCUSSION - VOTE
VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION • Mayor
A.1.a) Motion to read proposed Ordinance No. 1175 by title only, regarding
Land Development Regulation Text Amendment Petition No.
18 -002 -TA, to approve certain amendments in Chapters 66 and 70 of
the Code of Ordinances - City Attorney (Exhibit 1).
b) Vote on motion to read proposed Ordinance No. 1175 by title only.
c) City Attorney to read proposed Ordinance No. 1175 by title only.
2.a) Motion to adopt proposed Ordinance No. 1175.
b) Public discussion and comments.
MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:06 P.M.
Council Member Chandler moved to read proposed Ordinance No. 1175 by title only, regarding Land Development
Regulation Text Amendment Petition No. 18 -002 -TA, to approve certain amendments in Chapters 66 and 70 of the
Code of Ordinances; seconded by Council Member Clark.
VOTE:
WATFORD—YEA ABNEY—YEA CHANDLER -YEA
CLARK—YEA RITTER—ABSENT MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 1175 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA; PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES,
SUB -PART B, LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AN AMENDMENT TO CHAPTER
66 -GENERAL PROVISIONS, SECTION 66-1 TO INCLUDE A DEFINITION FOR MAGISTRATE; PROVIDING FOR
AN AMENDMENT TO CHAPTER 70 -ADMINISTRATION, SECTION 70-191 TO PROVIDE FOR
ESTABLISHMENT AND COMPOSITION OF A MAGISTRATE; AMENDING SECTION 70-192 TO PROVIDE FOR
POWERS AND DUTIES OF A MAGISTRATE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE."
Motion and second by Council Members Clark and Abney to adopt proposed Ordinance No. 1175.
Mayor Watford asked whether there were any questions or comments from the public; there were none. He
explained Ordinance No. 1175 directly relates to Ordinance No. 1174, which was adopted October 2, 2018,
abolished the Code Enforcement Board and established a Magistrate system. Attorney Cook explained the code
enforcement process will temporarily be delayed until a Magistrate is hired. Attorney Cook and Administrator
MontesDeOca were instructed to work on the Request for Qualification process, making it a priority, to hire a
Magistrate.
Ordinance No. 1175 proposes an amendment to Part Il -Code of Ordinances, Subpart B -Land Development
Regulations, Chapter 66 -General Provisions, Section 66 -1 -Definitions, as follows: Magistrate means in the context
of the City of Okeechobee, the magistrate is an appointed local official, and member of the Florida Bar, entrusted
with the administration of codes and laws; he or she is the principal officer exercising governmentalpowers, or
judicial functions in quasi-judicial proceedings before boards within the city; taking and receiving evidence, making
findings of fact and conclusions of law, and issuing legally binding orders thereon. This definition shall apply in every
section of City codes or ordinances that refer to Code Enforcement Board.
OCTOBER 16, 2018 - REGULAR MEETING - PAGE 4 OF 9
AGENDA
COUNCIL ACTION • DISCUSSION • VOTE
VIII.
IX.
PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED
A.2.b) Public discussion and comments for proposed Ordinance No. 1175
continued.
c) Vote on motion.
CLOSE PUBLIC HEARING - MAYOR
NEW BUSINESS
A.1.a) Motion to read proposed Ordinance No. 1173 by title only, and set
November 27, 2018, as a Final Public Hearing date, amending the
Firefighters' Pension Plan - City Attorney (Exhibit 2).
b) Vote on motion to read proposed Ordinance No. 1173 by title only and
set Final Public Hearing date.
Chapter 70 -Administration, Article II -City Council, Departments and Boards, Committees and Commission, Division
8 -Code Enforcement Board, Section 70 -191 -Establishment and Composition is amended to read: There is hereby
established a code enforcement board which shall consist of seven members and two alternates to be appointed by
the city council. Members shall serve for overlapping terms of three years. Membership of the board, where
possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect,
general contractor, realtor, business person, and lay persons. 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, The definition of magistrate shall
apply in every section of City codes or ordinances that refer to Code Enforcement Board.
Chapter 70 -Administration, Article II -City Council, Departments and Boards, Committees and Commissions, Division
8 -Code Enforcement Board, Section 70 -192 -Powers and Duties is amended to add the following: B. The position of
magistrate shall be appointed by vote of the City Council after advertising for same. (1) 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. (2)
The magistrate shall be a member of good standing with the Florida Bar, and be a resident of Okeechobee County,
Florida. (3) The compensation of the magistrate shall be set by resolution of the City Council. (4) Although the code
board is a quasi-judicial board, pursuant to Florida Statute 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. (5) 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.
VOTE:
WATFORD — YEA ABNEY — YEA CHANDLER — YEA
CLARK — YEA RITTER — ABSENT MOTION CARRIED.
MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:18 P.M.
This item was withdrawn from the agenda.
This item was withdrawn from the agenda.
Exhibit 1
Oct 16, 2018
ORDINANCE NO. 1175
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR
AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUB -PART B, LAND
DEVELOPMENT REGULATIONS; PROVIDING FOR AN AMENDMENT TO CHAPTER
66 -GENERAL PROVISIONS, SECTION 66-1 TO INCLUDE A DEFINITION FOR
MAGISTRATE; PROVIDING FOR AN AMENDMENT TO CHAPTER 70 -
ADMINISTRATION, SECTION 70-191 TO PROVIDE FOR ESTABLISHMENT AND
COMPOSITION OF A MAGISTRATE; AMENDING SECTION 70-192 TO PROVIDE FOR
POWERS AND DUTIES OF A MAGISTRATE; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as
amended, known as the Land Development Regulations; and
WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances
and land development regulations, to make amendments to meet changing community standards;
and to create new ordinance or regulation to better serve the public; and
WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency,
reviewed and discussed these proposed Amendments, Text Amendment Application No. 18 -002 -
TA, at a duly advertised public hearing held on September 20, 2018, and based on findings of fact
by the planning staff, hereby recommends approval to certain changes, amendments or
modifications of the code of ordinances, to present to the City Council for ordinance adoption and
codification; and
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, 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 before the City Council for 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 and Adoption to Section 66-1.
The City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances, Subpart
B -Land Development Regulations, Chapter 66 -General Provisions, by adding a definition for magistrate in
Section 66-1, as follows:
Magistrate means in the context of the City of Okeechobee, the magistrate is an appointed local
official, and member of the Florida Bar, entrusted with the administration of codes and laws; he or
she is the principal officer exercising governmental powers, or judicial functions in quasi-judicial
proceedings before boards within the city; taking and receiving evidence, making findings of fact
and conclusions of law, and issuing legally binding orders thereon. This definition shall apply in
every section of City codes or ordinances that refer to Code Enforcement Board.
Ordinance No. 1175 - Page 1 of 3
Language to be added is underlined.
Language to be deleted is el.ruelr-thceugh.
SECTION 2: Amendment and Adoption to Section 70-191.
That the City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances,
Subpart B -Land Development Regulations, Chapter 70 -Administration, Article II -City Council, Departments
and Boards, Committees and Commissions, Division 8 -Code Enforcement Board, by amending the
establishment and composition in Section 70-191, as follows:
architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor,
business person, and lay persons. 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. The definition of magistrate shall apply in every section of City codes or ordinances
that refer to Code Enforcement Board.
SECTION 3: Amendment and Adoption to Section 70-192.
That the City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances,
Subpart B -Land Development Regulations, Chapter 70 -Administration, Article II -City Council, Departments
and Boards, Committees and Commissions, Division 8 -Code Enforcement Board, by amending the powers
and duties in Section 70-192, as follows:
A. The code enforcement board shall have the following powers and duties:
(1) Enforce the land development. To enforce and regulate the subdivision of lands; to
regulate the use of land and water for those land use categories included in the land use
element in the comprehensive plan to ensure their compatibility of adjacent uses and
provide for open space; to provide for protection of potable water well fields; to regulate
areas subject to seasonal and periodic flooding and stormwater management; to ensure
the protection of environmentally sensitive lands designed in the comprehensive plan; to
regulate signage; to prove that public facilities and services meet or exceed the standards
set in the capital improvement element of the comprehensive plan, and are available when
needed for development, or that development orders or permits are conditioned on the
availability of these public services; to ensure safe and convenience on-site traffic flow and
parking and to enforce or regulate such other provisions as are mandated by the land
development regulation.
(2) Hearing. To subpoena alleged violators and witnesses to the board's hearings, and to
subpoena evidence and take testimony under oath. To review such evidence and
testimony, and to decide whether or not a violation of these regulations has occurred.
(3) Enforce compliance. To issue orders having the force of law commanding whatever steps
are necessary to bring a violation of these regulations under compliance.
The city attorney shall be legal counsel to the board.
B. The position of magistrate shall be appointed by vote of the City Council after advertising for
same.
(1) 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.
(2) The magistrate shall be a member of good standing with the Florida Bar, and be a resident
of Okeechobee County, Florida.
(3) The compensation of the magistrate shall be set by resolution of the City Council.
(4) Although the code board is a quasi-judicial board, pursuant to Florida Statute 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.
(5) 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.
Ordinance No. 1175 - Page 2 of 3
Language to be added is underlined.
Language to be deleted is 6#461444.94ffi..
SECTION 4: Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SECTION 5: 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 6: Effective Date. This Ordinance shall take effect immediately upon its passage.
INTRODUCED for First reading and set for Final Public Hearing on this 2nd day of October, 2018.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of October, 2018.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Ordinance No. 1175 - Page 3 of 3
Language to be added is underlined.
Language to be deleted is stpaek-threugb.
Dowling R. Watford, Jr., Mayor
— attached is the final ordinance for the PB to review. P
Patty Burnette
From: Bobbie Jenkins
Sent: Thursday, August 30, 2018 10:11 AM
To: John Cook; Patty Burnette
Cc: Lane Gamiotea
Subject: Ordinance for LDR Magistrate
Attachments: Ord. 11XX planning magistrate.pdf
John
Thanks!
Bobbie J. Jenkins
Deputy Clerk
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
Phone: (863) 763-3372 ext. 9814
Direct: (863) 763-9814
Fax: (863) 763-1686
lease let us know if changes need to be made.
NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee
officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are
public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this
office. Instead, contact our office by phone or in writing.
1
ORDINANCE NO. 11XX
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR
AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUB -PART B, LAND
DEVELOPMENT REGULATIONS; PROVIDING FOR AN AMENDMENT TO CHAPTER
66 -GENERAL PROVISIONS, SECTION 66-1 TO INCLUDE A DEFINITION FOR
MAGISTRATE; PROVIDING FOR AN AMENDMENT TO CHAPTER 70 -
ADMINISTRATION, SECTION 70-191 TO PROVIDE FOR ESTABLISHMENT AND
COMPOSITION OF A MAGISTRATE; AMENDING SECTION 70-192 TO PROVIDE FOR
POWERS AND DUTIES OF A MAGISTRATE; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as
amended, known as the Land Development Regulations; and
WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances
and land development regulations, to make amendments to meet changing community standards;
and to create new ordinance or regulation to better serve the public; and
WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency,
reviewed and discussed these proposed Amendments, Text Amendment Application No. 18 -002 -
TA, at a duly advertised public hearing held on September 20, 2018, and based on findings of fact
by the planning staff, hereby recommends to certain changes, amendments or
modifications of the code of ordinances, to present to the City Council for ordinance adoption and
codification; and
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, 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 before the City Council for 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 and Adoption to Section 66-1.
The City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances, Subpart
B -Land Development Regulations, Chapter 66 -General Provisions, by adding a definition for magistrate in
Section 66-1, as follows:
Magistrate means in the context of the City of Okeechobee, the magistrate is an appointed local
official, and member of the Florida Bar, entrusted with the administration of codes and laws; he or
she is the principal officer exercising governmental powers, or judicial functions in quasi-judicial
proceedings before boards within the city; taking and receiving evidence, making findings of fact
and conclusions of law, and issuing legally binding orders thereon. This definition shall apply in
every section of City codes or ordinances that refer to Code Enforcement Board.
SECTION 2: Amendment and Adoption to Section 70-191.
That the City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances,
Subpart B -Land Development Regulations, Chapter 70 -Administration, Article II -City Council, Departments
and Boards, Committees and Commissions, Division 8 -Code Enforcement Board, by amending the
establishment and composition in Section 70-191, as follows:
Ordinance No. 11 XX - Page 1 of 3
Language to be added is undedined.
Language to be deleted is sbackttreegh.
. 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. The definition of magistrate shall apply in every section of City codes or ordinances
that refer to Code Enforcement Board.
SECTION 3: Amendment and Adoption to Section 70-192.
That the City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances,
Subpart B -Land Development Regulations, Chapter 70 -Administration, Article II -City Council, Departments
and Boards, Committees and Commissions, Division 8 -Code Enforcement Board, by amending the powers
and duties in Section 70-192, as follows:
to seasonal and
orders or permits are conditioned on the availability of these public services; to ensure safe
and convenience on site traffic flow and parking and to enforce or regulate such other
The position of magistrate shall be appointed by vote of the City Council after advertising for same.
(1) 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.
(2) The magistrate shall be a member of good standing with the Florida Bar, and be a resident of
Okeechobee County, Florida.
(3) The compensation of the magistrate shall be set by resolution of the City Council.
(4) Although the office of code enforcement is a quasi-judicial board, pursuant to Florida Statute
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.
(5) 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 4: Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SECTION 5: 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.
Ordinance No. 11XX - Page 2 of 3
Language to be added is underlined.
Language to be deleted is sigh.
SECTION 6: Effective Date. This Ordinance shall take effect immediately upon its passage.
INTRODUCED for First reading and set for Final Public Hearing on this _ day of , 2018.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this _ day of , 2018.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Ordinance No. 11 XX - Page 3 of 3
Language to be added is underlined.
Language to be deleted is strask through.
Dowling R. Watford, Jr., Mayor
Bobbie Jenkins
From: Bobbie Jenkins
Sent: Wednesday, October 17, 2018 11:33 AM
To: Lane Gamiotea; Marcos Montes De Oca; Robin Brock; India Riedel; Melissa Henry; Kim
Barnes; Patty Burnette; Jackie Dunham; Robert Peterson; Donald Hagan; Police - Jeanna
Lanier; Terisa Garcia; Police - Lt. Justin Bernst; 'dvause@sao19.org'; 'mail@legal-
one.com'; Herb Smith; Fire - Fred Sterling ; Sue Christopher; PW - Donnie Robertson;
Jim LaRue; Bill Brisson; LaRue - Gloria; Jeff Newell; David Allen; Jessie Weigum; Kim Bass
; 'vikki.okeefe@pd19.0rg'; 'hillr@circuit19.org'; Dawn Hoover; Cnty Planner ; J.J. Smith;
Police - Aurelio Almazan ; Police - Belen Reyna ; Police - Skip Eddings; Police - Dawn
Wendt
Subject: City of Okeechobee Code Book Update #2
Attachments: 1174 Abolish CEB and add Magistrate n.pdf; 1175 #18 -002 -TA n.pdf
Tracking: Recipient Read
Lane Gamiotea Read: 10/17/2018 11:34 AM
Marcos Montes De Oca
Robin Brock
India Riedel
Melissa Henry
Kim Barnes
Patty Burnette
Jackie Dunham
Robert Peterson
Donald Hagan
Police - Jeanna Lanier
Terisa Garcia
Police - Lt. Justin Bernst
'dvause@sao19.org'
'mail@legal-one.com'
Herb Smith
Fire - Fred Sterling
Sue Christopher
PW - Donnie Robertson
Jim LaRue
Bill Brisson
LaRue - Gloria
Jeff Newell
David Allen
Jessie Weigum
Kim Bass
'vikki.okeefe@pd19.0rg'
'hillr@circuit19.org'
Dawn Hoover
1
Recipient Read
Cnty Planner
1.1. Smith
Police - Aurelio Almazan
Police - Belen Reyna
Police - Skip Eddings
Police - Dawn Wendt
Good Morning,
Attached you'll find Ordinance No. 1174, adopted at the October 2nd Council meeting, amending Sec. 18, Article II of the
Code of Ordinances, to abolish the Code Enforcement Board and add a Magistrate.
Also attached is Ordinance No. 1174, adopted at the October 16th Council meeting, amending CH. 66, Sec. 66-1 and CH.
70, Sec. 70-191 and 70-192 of the Code of Ordinances, by adding the language for a Magistrate.
Please refer to this language as the most recent and correct. Also, make the necessary changes to your code book until
the Ordinance gets supplemented to the Code.
Should you have any questions, please contact me.
Have a good day!
Bobbie J. Jenkins
Deputy Clerk
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
Phone: (863) 763-3372 ext. 9814
Direct: (863) 763-9814
Fax: (863) 763-1686
NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee
officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are
public records. If you do riot want your e-mail address released in response to a public records request, do not send electronic mail to this
office. Instead, contact our office by phone or in writing.
2
ORDINANCE NO. 1175
THIS ORDINANCE HAS NOT
BEEN SUPPLEMENTED TO
THE CODE. PLEASE REFER
TO THE LANGUAGE IN THIS
ORDINANCE AS THE MOST
RECENT AND CURRENT.
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR
AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUB -PART B, LAND
DEVELOPMENT REGULATIONS; PROVIDING FOR AN AMENDMENT TO CHAPTER
66 -GENERAL PROVISIONS, SECTION 66-1 TO INCLUDE A DEFINITION FOR
MAGISTRATE; PROVIDING FOR AN AMENDMENT TO CHAPTER 70 -
ADMINISTRATION, SECTION 70-191 TO PROVIDE FOR ESTABLISHMENT AND
COMPOSITION OF A MAGISTRATE; AMENDING SECTION 70-192 TO PROVIDE FOR
POWERS AND DUTIES OF A MAGISTRATE; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as
amended, known as the Land Development Regulations; and
WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances
and land development regulations, to make amendments to meet changing community standards;
and to create new ordinance or regulation to better serve the public; and
WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency,
reviewed and discussed these proposed Amendments, Text Amendment Application No. 18 -002 -
TA, at a duly advertised public hearing held on September 20, 2018, and based on findings of fact
by the planning staff, hereby recommends approval to certain changes, amendments or
modifications of the code of ordinances, to present to the City Council for ordinance adoption and
codification; and
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, 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 before the City Council for 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 and Adoption to Section 66-1.
The City Council fur the City of Okeechobee, Florida, amends herein Part II Code of Ordinances, Subpart
B -Land Development Regulations, Chapter 66 -General Provisions, by adding a definition for magistrate in
Section 66-1, as follows:
Magistrate means in the context of the City of Okeechobee, the magistrate is an appointed local
official, and member of the Florida Bar, entrusted with the administration of codes and laws; he or
she is the principal officer exercising governmental powers, or judicial functions in quasi-judicial
proceedings before boards within the city; taking and receiving evidence, making findings of fact
and conclusions of law, and issuing legally binding orders thereon. This definition shall apply in
every section of City codes or ordinances that refer to Code Enforcement Board.
Ordinance No. 1175 - Page 1 of 3
Language to be added Is underlined,
Language to be deleted is struelNhreugh.
THIS ORDINANCE HAS NOT BEEN
SUPPLEMENTED TO THE CODE.
PLEASE REFER TO THE LANGUAGE
IN THIS ORDINANCE AS THE MOST
RECENT AND CURRENT.
SECTION 2: Amendment and Adoption to Section 70-191.
That the City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances,
Subpart B -Land Development Regulations, Chapter 70 -Administration, Article II -City Council, Departments
and Boards, Committees and Commissions, Division 8 -Code Enforcement Board, by amending the
establishment and composition in Section 70-191, as follows:
three years. Membership of the board, where passible, shall consist of any of the following:
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. The definition of magistrate shall apply in every section of City codes or ordinances
that refer to Code Enforcement Board.
SECTION 3: Amendment and Adoption to Section 70-192.
That the City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances,
Subpart B -Land Development Regulations, Chapter 70 -Administration, Article II -City Council, Departments
and Boards, Committees and Commissions, Division 8 -Code Enforcement Board, by amending the powers
and duties in Section 70-192, as follows:
A. The code enforcement board shall have the following powers and duties:
(1) Enforce the land development. To enforce and regulate the subdivision of lands; to
regulate the use of land and water for those land use categories included in the land use
element in the comprehensive plan to ensure their compatibility of adjacent uses and
provide for open space; to provide for protection of potable water well fields; to regulate
areas subject to seasonal and periodic flooding and stormwater management; to ensure
the protection of environmentally sensitive lands designed in the comprehensive plan; to
regulate signage; to prove that public facilities and services meet orexceed the standards
set in the capital improvement element of the comprehensive plan, and are available when
needed for development, or that development orders or permits are conditioned on the
availability of these public services; to ensure safe and convenience on-site traffic flow and
parking and to enforce or regulate such other provisions as are mandated by the land
development regulation.
(2) Hearing. To subpoena alleged violators and witnesses to the board's hearings, and to
subpoena evidence and take testimony under oath. To review such evidence and
testimony, and to decide whether or not a violation of these regulations has occurred.
(3) Enforce compliance. To issue orders having the force of law commanding whatever steps
are necessary to bring a violation of these regulations under compliance.
The city attorney shall be legal counsel to the board.
B. The position of magistrate shall be appointed by vote of the City Council after advertising for
same.
(1) 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.
(2) The magistrate shall be a member of good standing with the Florida Bar, and be a resident
of Okeechobee County, Florida.
(3) The compensation of the magistrate shall be set by resolution of the City Council.
(4) Although the code board is a quasi-judicial board, pursuant to Florida Statute 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.
(5) 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.
Language to be added is underlined.
Language to be deleted is Nraskabreegh.
Ordinance No. 1175 - Page 2 of 3
1
f
THIS ORDINANCE HAS NOT BEEN
SUPPLEMENTED TO THE CODE.
PLEASE REFER TO THE LANGUAGE
IN THIS ORDINANCE AS THE MOST
RECENT AND CURRENT.
SECTION 4: Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SECTION 5: 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 6: Effective Date. This Ordinance shall take effect immediately upon its passage.
INTRODUCED for First reading and set for Final Public Hearing on this 2nd day of October, 2018.
Dowling R.atf�., Mayor
ATTEST:.
(eV (alo_
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of October, 2018
,
Dowling R. Watford, Jr., Mayor
ATT T:
Lane Gamiotea, C C, City Clerk
REWED FOR LEG
John R. Cook, City Attorney
Language to be added isunderlined.
Language to be deleted is skask4hreugh.
Ordinance No. 1175 - Page 3 of 3
Bobbie Jenkins
From: Bobbie Jenkins
Sent: Wednesday, October 17, 2018 11:07 AM
To: Bill Brisson
Cc: Lane Gamiotea; Patty Burnette
Subject: Ordinance No. 1170 & 1175
Attachments: 1175 #18-002-TA.pdf; 1170 #18-001-TA.pdf; 2018-10-02 Reg CC.pdf; Amended
2018-09-18 Reg CC & Final Budget PH.pdf
Tracking:
Recipient
Bill Brisson
Lane Gamiotea
Patty Burnette
Read
Read: 10/17/2018 11:31 AM
Bill — for your records, I have attached a copy of Ordinance No. 1170 and No. 1175.
The minutes pertaining to Ordinance No. 1170 are attached as well (9/18 & 10/2).
Bobbie J. Jenkins
Deputy Clerk
City of Okeechobee
55 SE 3`d Avenue
Okeechobee, FL 34974
Phone: (863) 763-3372 ext. 9814
Direct: (863) 763-9814
Fax: (863) 763-1686
NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee
officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are
public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this
office. Instead, contact our office by phone or in writing.
1
DEPENDENT
NEWSMEDIA INC. USA
Okeechobee News
107 SW 17th Street; f tlitef tet
Okeechobee, f 74 /: /
863 7�6,G, 3134 g,;c-F:�° }
t�.
ai
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the Publisher of the Okeechobee
News, a three times a week Newspaper published at Okeechobee,
in Okeechobee County, orida, that the attached copy of
advertisement being a O -Ac--
in the matter of IA-e'ttcA I Q
J
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
Affiant further says that the said Okeechobee News is a
newspaper published at Okeechobee, in said Okeechobee County,
Florida, and that said newspaper has heretofore been published
continuously in said Okeechobee County, Florida each week and
has been entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of
one year next preceding the first publication of the attached copy
of advertisement, and affiant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Katrina Elsken
Sworn to and subscribed before me this i (/
I day of SQ-fti'-Y-1'1.\-- e
Notary Public,11tate of FloridaAat Large
G � 1d k
AD
ANGIE BRIDGES
MY COMMISSION # FF 976149
WIRES: ApTIl20,2020
Bonded Thru Nolaly Public Underwrfters
yin
- PUBLIC NOTICE
LAND DEVELOPMENT REGULATION TOC' AMENDMENT
NOTICE ISHEREBYGNB1 theta PUBLIC HEARING Mite had babe
the ay of Okeechobee Plannirg Bated, medixg as the Local P annerg y
on Thins, September 7D, 2836, 6:00 PM, or as son thahaalba as
de, atdy Hal, 55SE3ndAvGPrnMO, claeedhobee,Ft, tomratta Na
re-
ceive !TacoameningSh6pertBLard DevebanentRe rb.Wrrs Petition
1800217,propos5 toamend the blaring areasinthera1-ofCr
CHAPTER 66 C$. TN_ PROVISIC6B, bl anhadng Sedbn 66-1, adcrg a
dantionfor maListale
CHAPTER 70 ADANISTRATION: lvBd U dy Court, Depar4nahs and
Boards,oa, Committees and Ca io s, Division 8 Code Enforcement Board,
amercing the de and Compastion in Section 701 for a
Amend Section 19�2toinduce powers aid Miss fara Wrath
The proposed arrerxtnent may be reviewed at the a ttas above Wring
regu
is sb
braless hous, Mon-Fri,
O attend8PM4:30FM,errnIxptforysThepffie
•
The FfarcYry Board will issue a reammen latbn on Fttdbn Na 180024A
that wi be forwarded to the dy Crud for consideration on at Punic Hearings
tentatively schedmied for6:00 FM on Odoba2, 2018 and October 16, 201a
ANY PERSON DECIDING TO APPEAL any deem made by the I'hrnig
Bard with respect to any matter oonsdered at th's meetig wi need to en-
sure a vstsinn record of promaig Is made and the record Moths the
testi-nay and-e+idenm h
rem wht the �pPu wi be ba In accordance
�
Mit he Americas Disab Act (Mer), any
dared by the AGA, that reeds smi awrn alition to pa ttipam h Ohs
promeci g, contact the General Services Office nobterthan bvobratrx�s;days
prior to pomacrg, 863-763-3372
•
BE ADVISED that should you Intend toshow any dooroat,I re.videoar
tans mtheF'arntgBoard insgpataroppoNhntoany tern ont eagacia;
a dmeiha y%nt video, or tem must bepmtbdtothe Bad
smefaryhraheuyshemras
By: Zomig AduinstralorMycos Mates De Om, Rem Na 18002TA
284942 0103117BEE 9(2,12/18
1DEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Katrina Elsken, who on oath says she is the Publisher of the Lake
Okeechobee News, a three times a week Newspaper published at
Okeechobee, in Okeechobee County, Florida, A that the attached
copy of advertisement being a (�, �c i` kc Q'
in the matter of ad
/'t b_- 1 6i .cl y&A,AcQ)
J J
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
6)05 4c31
Affiant further says that the said Lake Okeechobee News is a
newspaper published at Okeechobee, in said Okeechobee County,
Florida, and that said newspaper has heretofore been published
continuously in said Okeechobee County, Florida each week and
has been entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of
one year next preceding the first publication of the attached copy
of advertisement, and affiant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Katrina Elsken
Sworn to and subscribed before me this
day of C I i� AD
Notary Public, State of Florida at Lacge
/01
ANGIE BRIDGES
MY COMMISSION # FF 976149
EXPIRES: Apr920, 2020
, P;::i�ii o`;•: Bonded Thm Notary Public Undenwitefe
Lake Okeechotee,:News
107 SW 17thrS eet, Suite
Okeechobee 16rida 3494:=-
7' ''
F ''
863- _6 -313 - "
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
NOTICE IS HEREBY GIVEN that the City CouBncil of the City of
Ok2018, t 6 00 PM, or will Florida s soon uct a Public thereafter possible, at Cion ty Oct.
e 1, 5
SE 3rd Ave., Okeechobee, FL, to consider final reading for adoption
of the following Ordinance Into law: No. 1175: AN ORDINANCE
OF THE CITY OF OKEECHOBEE, PROVIDING FOR
AMENDMENTS TO PART II OF THE CODE FLORIDA;OF ORDINANCES,
SUB -PART B, LAND DEVELOPMENT REGULATIONS; PRO-
VIDING FOR AN AMENDMENT TO CHAPTER 66 -GENERAL
PROVISIONS, SECTION 66-1 TO INCLUDE A DEFINITION
FOR MAGISTRATE; PROVIDING FOR AN AMENDMENT TO
CHAPTER 70 -ADMINISTRATION SECTION 70-191 TO
PROVIDE FOR ESTABLISHMENT AND COMPOSITION OF A
MAGISTRATE' AMENDING SECTION 70-192 TO PROVIDE
FOR POWERS! AND DUTIES OF A MAGISTRATE; PROVID-
ING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
All members of the public are encouraged to attend and participate
In said Hearing. The proposed ordinance may be Inspected in its
entirety by members of the public at the Office of the City Clerk
during normal business hours, Mon -Fri, 8:00 AM -4:30 PM, except
for holidays.
ANY PERSON DECIDING TO APPEAL any decision made by the
City Council with respect to any matter considered at this meeting
will need to ensure a verbatim record of the proceeding is made
and the record Includes the testimony and evidence upon which
the appeal will be based. In accordance with the Americans with
Disabilities Act (ADA), any person with a disability as defined by the
ADA that needs special accommodation to participate in this pro-
ceeding, contact the City Clerk's Office no later than two business
days prior to proceeding, 863-763-3372.
BE ADVISED that should you Intend to show any document, pic-
ture, video or items to the Council in support or opposition to any
item on the item MUST be provided to enda; a the City Clerk of the for the Ci� picture,
or
By:City Clerk Lane Gamlotea, CMC
292160 ON 10/05/2018
Exhibit 3
Oct 2, 2018
ORDINANCE NO. 1175
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR
AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUB -PART B, LAND
DEVELOPMENT REGULATIONS; PROVIDING FOR AN AMENDMENT TO CHAPTER
66 -GENERAL PROVISIONS, SECTION 66-1 TO INCLUDE A DEFINITION FOR
MAGISTRATE; PROVIDING FOR AN AMENDMENT TO CHAPTER 70 -
ADMINISTRATION, SECTION 70-191 TO PROVIDE FOR ESTABLISHMENT AND
COMPOSITION OF A MAGISTRATE; AMENDING SECTION 70-192 TO PROVIDE FOR
POWERS AND DUTIES OF A MAGISTRATE; PROVIDING FOR CONFLICT;
PROVIDING FO SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
/F�,
WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as
amended, known as the Land Development Regulations; and
WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances
and land development regulations, to make amendments to meet changing community standards;
and to create new ordinance or regulation to better serve the public; and
WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency,
reviewed and discussed these proposed Amendments, Text Amendment Application No. 18 -002 -
TA, at a duly advertised public hearing held on September 20, 2018, and based on findings of fact
by the planning staff, hereby recommends approval to certain changes, amendments or
modifications of the code of ordinances, to present to the City Council for ordinance adoption and
codification; and
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, 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 before the City Council for 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 and Adoption to Section 66-1.
The City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances, Subpart
B -Land Development Regulations, Chapter 66 -General Provisions, by adding a definition for magistrate in
Section 66-1, as follows:
Magistrate means in the context of the City of Okeechobee, the magistrate is an appointed local
official, and member of the Florida Bar, entrusted with the administration of codes and laws; he or
she is the principal officer exercising governmental powers, or judicial functions in quasi-judicial
proceedings before boards within the city; taking and receiving evidence, making findings of fact
and conclusions of law, and issuing legally binding orders thereon. This definition shall apply in
every section of City codes or ordinances that refer to Code Enforcement Board.
Ordinance No. 1175 - Page 1 of 3
Language to be added is underlined.
Language to be deleted is strublt-t14eugg.