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Special Magistrate Services-Roger Azcona/RFQ FD 01-20-10-18 Initial ContractINDIEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is entered into this day of /'jy.j; day of January, 2019, by and between CITY OF OKEECHOBEE, FLORIDA, a municipal corporation ("CITY") and ROGER AZCONA of LAW OFFICE OF ROGER AZCONA, ESQUIRE ("SPECIAL MAGISTRATE"). WITNESSETH: WHEREAS, the CITY is a municipal corporation in the State of Florida, having a responsibility to provide certain services to benefit the citizens of the CITY and to promote, protect, and improve the health, safety, and welfare of the citizens of the CITY; and WHEREAS, the CITY is desirous of utilizing an attorney to serve as a SPECIAL MAGISTRATE to conduct code enforcement hearings; and WHEREAS, the powers and duties of the Code Enforcement SPECIAL MAGISTRATE are set forth in Chapter 18, Articles II and III of the Code of Ordinances of the City of Okeechobee; code enforcement procedures are set forth in Chapter 70, Article II, Division 8 of the City of Okeechobee Land Development Regulations; and WHEREAS, the SPECIAL MAGISTRATE is an attorney licensed to practice in the State of Florida, is currently a member in good standing of The Florida Bar, and is currently self- employed as the Law Office of Roger Azcona, Esquire. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants herein contained, the parties hereto agree as follows: 1 Recitals. THAT the foregoing recitals are true and correct and constitute a material inducement to the parties to enter into this Agreement. 2. Specific Provisions. THAT the parties hereby agree to the following specific provisions: A. General Scope of Services: The SPECIAL MAGISTRATE shall conduct scheduled code enforcement hearings in accordance with the above -referenced provisions of the City of Okeechobee Code of Ordinances, as may, from time to time, be amended. At the conclusion of the hearings, the SPECIAL MAGISTRATE shall immediately issue an order for each matter heard, containing findings of fact, based on the evidence of record, and conclusions of law, and shall order proper relief consistent with the powers granted to the SPECIAL MAGISTRATE. Additionally, the SPECIAL MAGISTRATE shall have the power to hear requests for reduction of accrued code enforcement fines, following which, the SPECIAL MAGISTRATE shall issue to the City Council, a report and recommendation as to a reduction request. The SPECIAL MAGISTRATE shall invite public comment at every hearing from the offender or any other interested person(s). B. Powers of SPECIAL MAGISTRATE: The SPECIAL MAGISTRATE shall have those powers set forth in the City of Okeechobee Code of Ordinances, as may, from time to time, be amended. Currently, those powers are enumerated as follows: (1) adopt rules for the conduct of hearings; (2) subpoena alleged violators and witnesses to its hearings; (2) subpoena evidence to hearings; (4) take testimony under oath; (5) issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance; and (6) hear requests for reduction of accrued code enforcement fines. C. Compensation: The SPECIAL MAGISTRATE shall be compensated for work completed at the hourly rate of $150.00 per hour. The CITY guarantees a minimum payment for the first one hour of the hearing, regardless of the actual time expended for the hearing. Should any session continue in excess of one hour, the compensation thereafter shall be computed at the rate of $37.50 for each quarter hour of hearing time. Additionally, the SPECIAL MAGISTRATE shall be compensated at the rate of $150.00 per hour for that time engaged in PAGE 1 OF 6 legal research, issuance of subpoenas, and administrative meetings with staff called by the CITY. There shall be no compensation for travel or per diem from the office/home of the SPECIAL MAGISTRATE to the site of the code enforcement hearing. It is contemplated, but not guaranteed, that there will be nine (9) code enforcement hearing dates per year. The SPECIAL MAGISTRATE shall maintain a time log indicating time expended for research/preparation/meetings/hearings and provide to the CITY along with the monthly invoices. The rate of compensation is subject to amendment by Resolution adoptior of the CITY from time to time, at the discretion of the CITY. D. Education: The CITY will fund periodic continuing legal education courses which are limited solely to code enforcement issues for the SPECIAL MAGISTRATE. The costs for such courses exclude overnight lodging, but include per diem travel and meals, in addition to registration fees. The amount to be funded shall be annually included in the CITY budget, at the sole discretion of the CITY. E. Reimbursement of Costs: The SPECIAL MAGISTRATE will be provided funds for issuance of subpoenas, but will not be reimbursed for any costs incurred in connection with the services provided in this Agreement that may occur in his office, such as document reproduction, telephone, staff expenses, or other overhead. F Billing: A statement for legal services rendered and costs incurred shall be provided on a monthly basis, not later than the 15th day of each month for services rendered in the previous month. The SPECIAL MAGISTRATE will present an itemized bill, which identifies the hours billed for each task or issue. The CITY shall pay all invoices within thirty (30) days of receipt. Service statements shall be sent to the CITY at the address shown in paragraph 2.1.1) herein below. G. Term: This Agreement shall be for a term of two (2) years, beginning on the 1st day of December, 2018, and ending on the 30th day of November, 2020. This Agreement may be renewed by both parties for additional terms of two years, upon such terms as agreed upon. H. Termination. 1) Termination at Will: This Agreement may be terminated by either party at any time without cause by the giving written notice to the other party not less than ninety (90) days prior to the date of termination; provided, that this provision shall not be construed to relieve either party from its rights or obligations of this Agreement through the date of the actual termination. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2) Termination for Cause: This Agreement may be terminated by either party for cause by the CITY or SPECIAL MAGISTRATE giving written notice to the other party no Tess than 15 days prior to the date of termination; provided, that this provision shall not be construed to relieve either party from its rights or obligations of this Agreement through the date of the actual termination. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Notices. All notices to the parties under this Agreement shall be in writing and sent certified mail to, or in person with proof of delivery to: 1) CITY: CITY OF OKEECHOBEE; Attention: City Administrator; 55 Southeast 3rd Avenue, Okeechobee, Florida 34974. 2) SPECIAL MAGISTRATE: ROGER AZCONA, Esquire, of LAW OFFICE OF ROGER AZCONA, ESQ.; 313 Northwest 4th Avenue, Okeechobee, Florida 34972. 3. General Provisions. THAT the parties hereby agree to the following general provisions: PAGE 2 OF 6 A. Representations of the SPECIAL MAGISTRATE. The SPECIAL MAGISTRATE represents that he has the technical expertise to perform the services contemplated by thus Agreement in a timely and professional manner consistent with the standards of the legal profession. At all times the SPECIAL MAGISTRATE shall maintain his standing with the Florida Bar and immediately report to the City Administrator any disciplinary action or suspensions issued by the Florida Bar. B. Personal nature of Agreement; Assignment. The SPECIAL MAGISTRATE hereby warrants that he has the necessary technical expertise and training to perform his duties as outlined in this Agreement. The parties acknowledge that the CITY places great reliance and emphasis upon the knowledge, expertise and personal abilities of the SPECIAL MAGISTRATE. Accordingly, this Agreement is personal and the SPECIAL MAGISTRATE shall not assign, delegate, transfer, pledge, hypothecate, surrender, or otherwise encumber or dispose of any of his rights or duties under this Agreement. C. Indemnification and Hold Harmless Agreement. 1) The SPECIAL MAGISTRATE shall indemnify and hold the CITY harmless from any and all claims, liability, losses and causes of action which may arise out of the actions of negligence, in whole or in part of the SPECIAL MAGISTRATE, in the fulfillment of this Agreement, including all costs and judgments which may issue thereon. The SPECIAL MAGISTRATE acknowledges and agrees that the compensation paid pursuant to this Agreement includes consideration for such indemnification. 2) The indemnification provisions of this paragraph shall survive the termination of this Agreement. D. Sovereign Immunity. Nothing in this Agreement extends, or will be construed to extend, the CITY'S liability beyond that provided in Section 768.28, Florida Statutes. Nothing in this Agreement is a consent, or will be construed as consent, by the CITY to be sued by third parties in any matter arising out of this Agreement. E. Professional Independence of the SPECIAL MAGISTRATE. It is understood and agreed that the SPECIAL MAGISTRATE is not, and will not be deemed to be, an employee, joint venturer, or partner of the CITY. The SPECIAL MAGISTRATE is, and shall remain, an independent professional with respect to all services performed under this Agreement. No partnership relationship between the CITY and the SPECIAL MAGISTRATE is created or intended by this Agreement. The CITY shall rely on the discretion of the SPECIAL MAGISTRATE in the issuance of code enforcement orders, keeping in mind the intent of the CITY to strictly enforce all CITY codes, with the ability to permit limited exceptions in cases of hardship. F. Conflicts. 1) In the event a conflict arises between clients of the SPECIAL MAGISTRATE and the CITY, the SPECIAL MAGISTRATE shall immediately advise the City Administrator of such conflict and resign from such conflicting representation. 2) The SPECIAL MAGISTRATE shall not represent other clients in an adversarial position to the CITY while serving as a SPECIAL MAGISTRATE. G. Records; Access. 1) The legislature has amended Chapter 119 Florida Statutes, Section 119.0701 thereof, to expand the obligation of local government to include into all Agreements certain language that relates to public records, which is made a part of this Agreement. PAGE 3 OF 6 IF THE SPECIAL MAGISTRATE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SPECIAL MAGISTRATE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE CITY OF OKEECHOBEE AT: CITY CLERK'S OFFICE 55 S.E. 3RD Avenue Okeechobee, FL. 34972 (863) 763-3372 ext. 9814 !gam iotea@cityofokeechobee.com 2) The SPECIAL MAGISTRATE shall adhere to Florida public records laws, including the following: a) Keep and maintain public records required by the CITY to perform the services, and upon request of the custodian of records for the CITY, provide the CITY with a copy of the requested records or allow the records to be copied or inspected within a reasonable time at a cost that does not exceed the cost allowed in Chapter 119 or as otherwise provided by law. b) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement term and following completion of the Agreement if the SPECIAL MAGISTRATE does not transfer the records to the CITY. c) Upon completion of the Agreement, transfer, at no cost, to the CITY all public records in possession of the SPECIAL MAGISTRATE or thereafter keep and maintain public records required by the CITY to perform the service. If the SPECIAL MAGISTRATE transfers all public records to the CITY upon completion of the Agreement, the SPECIAL MAGISTRATE shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the SPECIAL MAGISTRATE keeps and maintains public records upon completion of the Agreement, the SPECIAL MAGISTRATE shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request of the City Clerk, in a format that is compatible with the information technology systems of the CITY. 3) Noncompliance: a) A request to inspect or copy public records relating to the CITY'S Agreement for services must be made directly to the CITY. If the CITY does not possess the requested records, the CITY shall immediately notify the SPECIAL MAGISTRATE of the request, and the SPECIAL MAGISTRATE must provide the records to the CITY or allow the records to be inspected or copied within a reasonable time. A reasonable time is defined as within eight (8) business days. b) If the SPECIAL MAGISTRATE does not comply with the request of the CITY for the records, the CITY shall enforce the Agreement provisions in accordance with the Agreement. c) If the SPECIAL MAGISTRATE fails to provide the public records to the CITY within a reasonable time, the SPECIAL MAGISTRATE may be subject to the penalties under Chapter 119.10. 4) Civil Action. a) If a civil acl:ion is filed against a SPECIAL MAGISTRATE to compel production of public records relating to the CITY'S Agreement for PAGE 4 OF 6 professional services, the court shall assess and award against the SPECIAL MAGISTRATE the reasonable costs of enforcement, including reasonable attorney fees, If: 1. The court determines that the SPECIAL MAGISTRATE unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the SPECIAL MAGISTRATE has not complied with the request, to the CITY and to the SPECIAL MAGISTRATE. b) A notice complies with the above if it is sent to the custodian of public records for the CITY and to the SPECIAL MAGISTRATE at the SPECIAL MAGISTRATE'S address listed on its Agreement with the CITY, or to the SPECIAL MAGISTRATE'S registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. c) A SPECIAL MAGISTRATE who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. H. Non -Discrimination. The SPECIAL MAGISTRATE shall assure that no person shall, on the grounds of race, color, creed, national origin, handicap, or sex, be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in any activity under this Agreement. The SPECIAL MAGISTRATE shall take all measures necessary to effectuate these assurances. Severability. That, should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. J. Construction. Should any provision of this Agreement be subject to judicial interpretation, it is agreed that the court interpreting or considering such provision will not apply the presumption or rule of construction that the terms of this Agreement be more strictly Agreement through review by their respective counsel, if any, and/or the negotiation of specific language, and, therefore, the application of such presumption or rule of construction would be inappropriate and contrary to the intent of the parties. K. Compliance with Laws. The SPECIAL MAGISTRATE, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. L. Amendment. No modification, amendment, or alteration in the terms or conditions of this Agreement will be effective unless contained in a written document executed with the same formality as this Agreement. M Waivers. Failures or waivers to enforce any covenant, condition, or provision of this Agreement by the parties, their successors and assigns shall not operate as a discharge or, invalidate, such covenant, condition, or provision, or impair the enforcement rights of the parties, their successors and assigns. N. Attorney's Fees. In the event of any litigation to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs which are directly attributed to such litigation both at the trial and appellate level. PAGE 5 OF 6 O. Complete Agreement. This Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The SPECIAL MAGISTRATE recognizes that any representations, statements or negotiations made by the CITY staff do not suffice to legally bind the CITY in a contractual relationship unless they have been reduced to writing, authorized, and signed by an authorized CITY representative. The Agreement shall bind the parties, their assigns, and successors in interest. P. Headings. All headings are for clarification only and are not to be used in any judicial construction of this Agreement or any paragraph. Q. Law; Venue. This Agreement shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in Okeechobee CITY, Florida. 4. Special Provisions. A. This Agreement shall be construed to be a non-exclusive requirements Agreement and shall not be deemed to prohibit the CITY from retaining additional SPECIAL MAGISTRATE(S) to render services simultaneously for the CITY. IN WITNESS WHEREOF, the parties hereto have executed this document on the date first above written. AS TO THE CITY: ATTST: ane'Gamiote& C, City C erk REVIEWED FOR LEGAL SUFFICIENCY: N.Taf".,(coQK John R. Cook, City Attorney AS TO THE PROFESSIONAL: Dowling R. Watford, J ., ayor Date: %/Yllf CU ?,0141 PAGE 6 OF 6 Roge Azcona, Esq re La Office of Rog: Azcona, Esq. SPECIAL MAGISTRATE Date: /7 CITY OF OKEECHOBEE AZCONA, ROGELIO NBUSINESS TAX RECEIPT 1820 (863)763-4166 o: 55 SE 3rd Avenue, Okeechobee, FL 34974 Date: 9/28/18 OCTOBER 1, 2018 - SEPTEMBER 30, 2019 RECEIPT 52.50 Address: 313 NW 4TH AVENUE PENALTY OKEECHOBEE, FL 34972OKlE APP/TRAN Activity: 2000 PROFESSIONAL OFFICE +��. E�_�jo BLDG INSP FIRE INSP U . : m Total Paid 52.50 Issued to: LAW OFFICE OF ROGER AZCONA AZCONA, ROGELIO_� 313 NW 4TH AVENUE 0R1VP OKEECHOBEE, FL. 34973 v)(f Bww-j— B FOR A NEW BUSINESS BTR IS VALID FROM DATE OF ISSUE BUSINESS TAX RECEIPT OFFICIAL .`S,�.OF'OKFFC'r MEMORANDUM O c � j O '1915• To: Mayor and City Council Members From: Marcos Montes De Oca, Administratb Subject: Special Magistrate Appointment Date: November 15, 2018 The request for qualifications (RFQ) for the City of Okeechobee Special Magistrate were opened on Thursday, November 15, 2018 at 2:00 pm. The qualifications were distributed to City staff members the same day at 2:30pm. The staff members reviewing the RFQ were Police Chief R. Peterson and Fire Chief H. Smith. In lieu of ranking, due to the sole application received, I directed staff to either mark qualified/yes or un -qualified on the submittal. Both staff members returned a "qualified" review. Based upon the sole application meeting qualifications, completing the submittal properly and timely, and my review of the RFQ to meet the needs and duties as set forth for this position, I recommend Roger Azcona, Esq. to serve as the Special Magistrate for the City of Okeechobee, specifically to oversee code enforcement cases. syoF•oKFFcymCITY OF OKEECHOBEE T REQUEST FOR QUALIFICATIONS FD 01-20-10-18 SPECIAL MAGISTRATE SERVICES Opening Date and Time: November 15,2018,2:00 PtA The City of Okeechobee solicits qualifications from licensed Florida Attorneys for the purpose of seeking a Special Magistrate to provide services in accordance with City of Okeechobee Code of Ordinances Sections 66-1, 70-191, 70-192, and Florida Statute Chapter 162. The established hourly rate for Special Magistrate services is $150.00, and the hearings should not exceed two (2) hours per month. Regular hearings are typically held on the second Tuesday of the month at 6:30 P.M. but can be adjusted upon request. The selected Attorney(s) must be a resident of Okeechobee County, and will be appointed to serve as Special Magistrate for a term of hvo (2) years, commencing upon appointment, with options to renew or terminate the appointment per City Code. Sealed Statements of Qualifications will be received by the General Services Department no later than 2:00 P.M. EST on Thursday, November 15, 2018, at City Hall, 55 SE 3rd Avenue, Okeechobee, FL 34974. To be considered, all interested parties must submit three (3) copies of the required information and documents in one (1) sealed envelope entitled: "Response to RFQ No. FD 01-20.10.18, Attention: General Services Department." Late submittals, facsimile or email submissions will not be considered. The respondent shall bear all costs associated with the preparation and submission. Information submitted in response to this RFQ will become the property of the City of Okeechobee and is subject to Florida Public Records Laws upon opening. SPECIAL MAGISTRATE STATEMENT OF QUALIFICATIONS A. Submissions shall include the following: The name, qualifications and experience of the individual submitting. Demonstration of prior experience as an Attorney for at least five (5) years. Explanation of how the qualifications may relate to the functions of the Special Magistrate. Statement of local availability and degree of accessibility to the City. List of Agreements or Contracts for such services with other governmental entities, if any. Graduation from a law school accredited by the American Bar Association. Respondents shall be a member in good standing of the Florida Bar for a minimum of five (5) years with no disciplinary history; Provide Florida Bar number, date of admission to the Florida Bar, and current membership, in good standing, with the Florida Bar. Any Attorney who has been disciplined by the Florida Bar or Bar of any other jurisdiction will not be appointed as a Special Magistrate, unless reinstated in good standing. Demonstrated knowledge of administrative laws, land use and zoning laws, and local government regulation and procedures including the "Local Government Code Enforcement Boards Act," and alternative methods of code enforcement found in Florida Statutes Chapter 162. Familiarity with the City of Okeechobee Code of ordinances is required. An up-to-date Curriculum Vitae shall be attached to the Statement of Qualifications. B. Selection Process 1. After the scheduled submission opening, City staff will review each Statement of Qualifications. 2. Up to three (3) qualified Applicants will be selected by staff for an interview. 3. The final selection will be made by the City Administrator and the recommendation will be sent to the City Council for appointment, tentatively scheduled for the regular Council meeting of November 27, 2018, beginning at approximately 7:00 P.M. Duties and Responsibilities: 1. The Special Magistrate will perform duties as specified in the City of Okeechobee Code of Ordinances and Land Development Regulations, and such other duties as specified by the City Council. 2. The Special Magistrate will oversee all code enforcement matters in a quasi-judicial setting, and will be bound by the Florida Code of Judicial Conduct. 3. The Special Magistrate shall adhere to the procedures and requirements of Florida Statutes Chapter 162, as well as research and follow relevant opinions from the Attorney General as published from time to time. 4. The Special Magistrate must have knowledge and appreciation of the City's small town and rural lifestyle when considering the issuance of code violations, but also understand the necessity for stringent code enforcement for the improvement of the community's quality of life. 5. The Special Magistrate shall, if requested, receive and hear public comment on the issues before the magistrate. 6. The Special Magistrate is required to make findings of fact and rulings of law, concerning code violations, and issue those findings at the session when they are heard. Written findings and execution of fines and liens shall be prepared within seven (7) days of the meeting. 7. It is the obligation of the Special Magistrate in his or her sole discretion, with input from the Code Enforcement Officer and/or witnesses to determine whether a violation has occurred. The City Attorney will attend the meetings but acts only as Counsel for the City of Okeechobee and its interests. 8. The City encourages the Special Magistrate to attend continuing legal education sessions concerning code enforcement and will pay for the fees for that session, including travel and per diem, but excluding lodging. The City reserves the right to reject any or all responses, to amend or terminate the code enforcement process at any time, to waive any informalities or irregularities in any submittal, to award in whole or in part to one or more respondents or take any other such actions that may be deemed in the best interest of the City. Interested qualified individuals can direct questions to the City Attorney John Cook at (863) 634-1648. The City Attorney will have no involvement in the selection process. By: Marcos Montes De Ora, City Administrator on October 22, 2018 ROGER AZCONA, ESQ SPECIAL MAGISTRATE STATEMENT OF QUALIFICATIONS 1. The name, qualifications and experience of the individual submitting. -Roger Azcona, Esq. -Admitted to practice law in the State of Florida since September 2006 -worked as an attorney.for the DCF Child Welfare Legal Services 10/06-06/07 -worked as an attorney for the 191h Circuit Public Defenders Office 07/07-12/09 -in private law practice as a criminal defense attorney since January 2010 to present. -admitted to practice law at the United States District Court for the Southern (2012) and Middle District of Florida (2016) 2. Demonstration of prior experience as an Attorney for at least five (5) years. -Represented over 2,400 cases in Okeechobee County alone; including cases in Dependency, Circuit and County Criminal, Circuit and County Civil, Juvenile, and Traffic Cases. 3. Explanation of how the aualifications may relate to the function of the Special Maizistrate. -applicant has participated in numerous jury and non jury trials, and hearing in both civil and criminal cases. 4. Statement of local availability and degree of accessibility to the City. -applicant is a full-time resident in the City of Okeechobee. 5. List of Agreements or Contracts for such services with other governmental entities._ if any. 1 -None 6. Graduation of a law school accredited by the American Bar Association. -applicant attended Barry University School of Law in Orlando, accredited by the American Bar Association. 7. Respondents shall be a member in good standing of the Florida Bar for a minimum of five(5) years with no disciplinary historv. provide a Florida Bar number. date of admission to the Florida Bar, and current membership in izood standing with the Florida Bar. -applicant is a member in good standing with the Florida Bar since 2006 and has no pior disciplinary history. Florida Bar number is 27453. Admitted to practice in September 26, 2006. This information can be verified at the Florida Bar website. 8. Demonstrate knowledge of administrative laws. land use and zoning laws, and local Rovernment reizulation and procedures including the "Local Government Code Enforcement Boards Act," and alternative methods of code enforcement found in Florida Statutes Chapter 162. Familiaritv with the City of Okeechobee Code of Ordinances is required. -applicant has reviewed and familiarized himself of the relevant laws and statutes necessary.for the position. Applicant upon appointment will immediately seek and attend additional continuing legal education and any necessary training available to enhance proficiency and competence in the position. 9. An up-to-date Curriculum Vitae shall be attached to the Statement of Qualifications. -Please see attached. 2 ROGER AZCONA, ESQ. 313 NW 411 Avenue, Okeechobee, FL 34972 Tel. (863) 763-4166 / Email: azconalaw@gmail.com BAR ADMISSION: Admitted to the Florida Bar in September 26, 2006 EDUCATION: Jan. 2004 Juris Doctor Barry University School of Law (Orlando, Florida) May 1998 Master of Science in Alternative Dispute Resolution Nova Southeastern University (Fort Lauderdale, Florida) Relevant Courses: Negotiation, Mediation, Arbitration, Group Facilitation, Apr. 1992 Bachelor of Science in Commerce & Business Administration University of Santo Tomas (Manila, Philippines) EMPLOYMENT: 1/10 – present Position: Attorney in Private Practice Law Offices of Roger Azcona, Esq. 313 NW 4th Avenue, Okeechobee, FL 34972 Area of Practice: Criminal Law, Dependency, Juvenile Delinquency, Foreclosure Defense, Eviction 07/07-12/09 Position: Attorney—Assistant Public Defender Public Defender's Office, 19th Judicial Circuit 312 NW 3`d Street, Okeechobee, Florida 34972 Area of Practice: Criminal Law (Misdemeanors, Felonies, Juveniles) 10/06 – 06/07 Position: Attorney Child Welfare Legal Services, Department of Children & Families 337 North US Hwy 1, Fort Pierce, FL 34950 Area of Practice: Dependency Law CASES HANDLED IN PRIVATE PRACTICE in Okeechobee, Saint Lucie, Martin, Glades, Highlands, Orange, Brevard, Hardee, Hendry, Desoto, and Palm Beach Counties. Other: Certifications: Court Certified Family and County Mediator (1999-2001) Memberships: Florida Association of Criminal Defense Lawyers -3`d year Awards: Davis Productivity Award 2006 Organizations: Inns of Court, Stuart, Florida (since 2013) Kiwanis Club of Okeechobee (since 2013) Community: Sacred Heart Church, Okeechobee (since 1992) ROGER AZCONA, ESQ SPECIAL MAGISTRATE STATEMENT OF QUALIFICATIONS 1. The name, qualifications and experience of the individual submitting. V� -Roger Azcona, Esq. -Admitted to practice law in the State of Florida since September 2006 -worked as an attorney for the DCF Child Welfare Legal Services 10/06-06/07 -worked as an attorney for the I 91 Circuit Public Defender's Office 07/07-12/09 -in private law practice as a criminal defense attorney since January 2010 to present. -admitted to practice law at the United States District Court for the Southern (2012) and Middle District of Florida (2016) 2. Demonstration of prior experience as an Attorney for at least five (5) years. -Represented over 2,400 cases in Okeechobee County alone; including cases in Dependency, Circuit and County Criminal, Circuit and County Civil, Juvenile, and Traffic Cases. 3. Explanation of how the qualifications may relate to the function of the Special Magistrate. fi�5 -applicant has participated in numerous jury and non jury trials, and hearing in both civil and criminal cases. 4. Statement of local availability and degree of accessibility to the City. vv S -applicant is a full-time resident in the City of Okeechobee. 5. List of Agreements or Contracts for such services with other governmental entities, if any. Yrs 1 -None 6. Graduation of a law school accredited by the American Bar Association. -applicant attended Barry University School of Law in Orlando, accredited by the American Bar Association. 7. Respondents shall be a member in izood standing of the Florida Bar for a minimum of five(5) years with no disciWinary history; provide a Florida Bar number, date of admission to the Florida Bar, and current membership in good standing with the Florida Bar. V/5-5 -applicant is a member in good standing with the Florida Bar since 2006 and has no pior disciplinary history. Florida Bar number is 27453. Admitted to practice in September 26, 2006. This information can be verified at the Florida Bar website. 8. Demonstrate knowledge of administrative laws, land use and zoning laws, and local Eovernment regulation and procedures including the "Local Government Code Enforcement Boards Act," and alternative methods of code enforcement found in Florida Statutes Chapter 162. Familiaritv with the City of Okeechobee Code of Ordinances is required. �✓� -applicant has reviewed and familiarized himself of the relevant laws and statutes necessary, for the position. Applicant upon appointment will immediately seek and attend additional continuing legal education and any necessary training available to enhance proficiency and competence in the position. 9. An un -to -date Curriculum Vitae shall be attached to the Statement of Oualifications.. * -Please see attached. (� o,J 7 -),CA s J,5M(7-7e0 2 N ovember 61 9DI8 (2 9.,00frn On i'01*54-fa,47) /' 0 ige fled rile— Jell to r) 0 �no Ove.tylk,o#, A 4 -em i -n Vlied tri f it) /.-61 )18 f -VY_ Ido -he ►-n cLCr- 0i l� Vend��' ,OAPs. a fo +a -Ke. no4l & 's (na. I bones . u'rAo arse. - oy l0. l I a ,�1oler Ay-wa. Coca._d-ne, in to ctz U -p R-rq . REQUEST FOR QUALIFICATIONS To: All Interested Parties Re: Request for Qualifications (RFQ) No. FD 01-20-10-18 Special Magistrate Services The City of Okeechobee solicits qualifications from licensed Florida Attorneys for the purpose of seeking a Special Magistrate to provide services in accordance with City of Okeechobee Code of Ordinances Sections 66-1, 70-191, 70-192, and Florida Statute Chapter 162. The established hourly rate for Special Magistrate services is $150.00, and the hearings should not exceed two (2) hours per month. Regular hearings are typically held on the second Tuesday of the month at 6:30 P.M. but can be adjusted upon request. The selected Attorney(s) must be a resident of Okeechobee County, and will be appointed to serve as Special Magistrate for a term of two (2) years, commencing upon appointment, with options to renew or terminate the appointment per City Code. Sealed Statements of Qualifications will be received by the General Services Department no later than 2:00 P.M. EST on Thursday, November 15, 2018, at City Hall, 55 SE 3rd Avenue, Okeechobee, FL 34974. To be considered, all interested parties must submit three (3) copies of the required information and documents in one (1) sealed envelope entitled: "Response to RFQ No. FD 01-20-10-18, Attention: General Services Department." Late submittals, facsimile or email submissions will not be considered. The respondent shall bear all costs associated with the preparation and submission. Information submitted in response to this RFQ will become the property of the City of Okeechobee and is subject to Florida Public Records Laws upon opening. SPECIAL MAGISTRATE STATEMENT OF QUALIFICATIONS A. Submissions shall include the following: 1. The name, qualifications and experience of the individual submitting. 2. Demonstration of prior experience as an Attorney for at least five (5) years. 3. Explanation of how the qualifications may relate to the functions of the Special Magistrate. 4. Statement of local availability and degree of accessibility to the City. 5. List of Agreements or Contracts for such services with other governmental entities, if any. 6. Graduation from a law school accredited by the American Bar Association. 7. Respondents shall be a member in good standing of the Florida Bar for a minimum of five (5) years with no disciplinary history; Provide Florida Bar number, date of admission to the Florida Bar, and current membership, in good standing, with the Florida Bar. Any Attorney who has been disciplined by the Florida Bar or Bar of any other jurisdiction will not be appointed as a Special Magistrate, unless reinstated in good standing. 8. Demonstrated knowledge of administrative laws, land use and zoning laws, and local government regulation and procedures including the "Local Government Code Enforcement Boards Act," and alternative methods of code enforcement found in Florida Statutes Chapter 162. Familiarity with the City of Okeechobee Code of Ordinances is required. 9. An up-to-date Curriculum Vitae shall be attached to the Statement of Qualifications. B. Selection Process 1. After the scheduled submission opening, City staff will review each Statement of Qualifications. 2. Up to three (3) qualified Applicants will be selected by staff for an interview. 3. The final selection will be made by the City Administrator and the recommendation will be sent to the City Council for appointment, tentatively scheduled for the regular Council meeting of November 27, 2018, beginning at approximately 7:00 P.M. Lake Oked 107 SW 17t'; ANDEPENDENT Okeechobee 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 Coun , Florida, that the attached copy of advertisement being a VU�(-. Alf&�C' in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of i o ice, -w,�)-c i R 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 r-� q1'�' day of Vx---b j�erC 0-u(,'� AD Notary Public, State of Florida at Large 1 1 c obeli -yews h. Std eet, Suite D j loxida 3497 WYOMMEMOMM REQUBT FmQt1UMCAMN.S NO. FD 01-20.10-18 SPECIAL MAGGIS MM SERVICES opening Date andllme: November 1s, 2018, 2:00 PM The Oy ofOkeednbee 930& WaWofas flan bend Fonda Atbxrre,s Fa are puipaee of a speaal Maq�a� m proJde sevio?s h acoor- dance wth Cty of obee Cade aft SedbrS 66-1, 70-191, 70H92, and Fbrlda SChapter 162. Thees�bfst:� howl/ ra�for6pecml t4agistra� sevioes k g15oo0, and the ha3ig; stnidd not hoes per rtarth Requfar hearFry are typloF/held cn the semrd lbesda/ j of the north at 630 1,r but �n bead' upon ra#c2 The AnD ,e S)-rtbeanesfda ofCkeedvbeeCsave a� Ma*bate (bra term ofbw (2)WV acrdwHbeappoFlmto potrbrrpt -with opthsbreew(oar i lheaPP per0 Sea1edRaWrotp a isT2� mNNwanb 15, 2aetQdmN455E31dAvenUE Olmednbe Fi34974. To be mntsidaed, al Famedpartes must stunt free (3) mples of the regaled lfarnatbn and doanrer5 h ane (1) seated — bpe -Wed: Me WWato RFQ tim FD 01-20-10.18,A tertbn: General Services Department.-Labey�a� fa5trrdelxrrz or Aonsvd riot be oar SHaed The respondat steal b®r aF tests wFh feratlon and srbnrt. on. 7r(a„ofon echobeed h ris abja m fds RFa? jb Iremrt fee propelyaf frel7tyof OIo?edrobee and ksub)e�to Roddy Pubic Rmrk taws u�onoperrlg. IL Sebdion 1. �ybnissonopeing,City staff wawieweach 2Up Ht (3) Mf0�wabes4ertedb,'staFforanht?iview. -. 3. The *d seledorr wil be made IN the QyAdmtrtt`alnrard the remrmiadatbnwabesarttutheQyCauxlforap *ftent,tenfath* sdeednted forthe renumrCanol rrr�i5 dNowtr ber27 X018, burr trg atappraare0d,�7. P.t+l The (Av rge�es fee rkjt to reed arty or al reWmjsL- to anal or tar - the h t awardhwln a oo'r �t m oneHamore n 7:arderAs a talo: any other such ads that nW be deemed h the best YtaatdfeQy. btu q�ed hdda85 m, dred al,esftE bo the Qy Att n bhn (8(a�i) 6i�1-1648. The Oq' Atmrt ' wa have ro lydesrert h fee BByy Ei-0/ADA/GMA/VP/DPNP 295504'Mxij2s De Oca, City AdrnhbatDrcnOctober 22,2018 ANGIE BRIDGES MY COMMISSION At FF 976149 EXPIRES: AptA 20, 2U20 "'%°F;;°••° Bonded ThruNokagPublic Underwriter. c obeli -yews h. Std eet, Suite D j loxida 3497 WYOMMEMOMM REQUBT FmQt1UMCAMN.S NO. FD 01-20.10-18 SPECIAL MAGGIS MM SERVICES opening Date andllme: November 1s, 2018, 2:00 PM The Oy ofOkeednbee 930& WaWofas flan bend Fonda Atbxrre,s Fa are puipaee of a speaal Maq�a� m proJde sevio?s h acoor- dance wth Cty of obee Cade aft SedbrS 66-1, 70-191, 70H92, and Fbrlda SChapter 162. Thees�bfst:� howl/ ra�for6pecml t4agistra� sevioes k g15oo0, and the ha3ig; stnidd not hoes per rtarth Requfar hearFry are typloF/held cn the semrd lbesda/ j of the north at 630 1,r but �n bead' upon ra#c2 The AnD ,e S)-rtbeanesfda ofCkeedvbeeCsave a� Ma*bate (bra term ofbw (2)WV acrdwHbeappoFlmto potrbrrpt -with opthsbreew(oar i lheaPP per0 Sea1edRaWrotp a isT2� mNNwanb 15, 2aetQdmN455E31dAvenUE Olmednbe Fi34974. To be mntsidaed, al Famedpartes must stunt free (3) mples of the regaled lfarnatbn and doanrer5 h ane (1) seated — bpe -Wed: Me WWato RFQ tim FD 01-20-10.18,A tertbn: General Services Department.-Labey�a� fa5trrdelxrrz or Aonsvd riot be oar SHaed The respondat steal b®r aF tests wFh feratlon and srbnrt. on. 7r(a„ofon echobeed h ris abja m fds RFa? jb Iremrt fee propelyaf frel7tyof OIo?edrobee and ksub)e�to Roddy Pubic Rmrk taws u�onoperrlg. IL Sebdion 1. �ybnissonopeing,City staff wawieweach 2Up Ht (3) Mf0�wabes4ertedb,'staFforanht?iview. -. 3. The *d seledorr wil be made IN the QyAdmtrtt`alnrard the remrmiadatbnwabesarttutheQyCauxlforap *ftent,tenfath* sdeednted forthe renumrCanol rrr�i5 dNowtr ber27 X018, burr trg atappraare0d,�7. P.t+l The (Av rge�es fee rkjt to reed arty or al reWmjsL- to anal or tar - the h t awardhwln a oo'r �t m oneHamore n 7:arderAs a talo: any other such ads that nW be deemed h the best YtaatdfeQy. btu q�ed hdda85 m, dred al,esftE bo the Qy Att n bhn (8(a�i) 6i�1-1648. The Oq' Atmrt ' wa have ro lydesrert h fee BByy Ei-0/ADA/GMA/VP/DPNP 295504'Mxij2s De Oca, City AdrnhbatDrcnOctober 22,2018 Graf+ 00 PJ Request for Qualifications To: All Interested Parties Re: Request for Qualifications RFQ No. FD 01-20-10-18 Special Magistrate Services The City of Okeechobee solicits qualifications from licensed Florida Attorneys for the purpose of seeking a 1. Special Magistrate to provide services in accordance with City of Okeechobee Code of Ordinances C� V-, 0 (,Sections 66-1, 70-191, 70-192,)and Florida Statute Chapter 162. The established hourly rate for Special MVV &a Magistrate services is $15U.00, and the hearings should not exceed two (2) hours per month. Regular �����`�Ah Hearings are typically held on the second Tuesday of the month at 6:30 p.m. but can be adjusted upon request. The selected attorney(s) must be a resident of Okeechobee County, and will be appointed to serve as a Special Magistrate for a term of two (2) years commencing upon appointment, with options to renew or terminate the appointment per city code. Sealed Statements of Qualifications will be received by the General Services Department no later than 2:00 PM EST on Thursday, November 15, 2018 at City Hall 55 SE 3rd Avenue, Okeechobee, FL 34974. To be considered, all interested parties must submit three (3) copies of the required information and documents in one (1) sealed envelope entitled: "Response to RFQ No. FD 01-20-10-18, Attention: General Services Department." Late submittals and facsimile or email submissions will not be considered. The respondent shall bear all costs associated with the preparation and submission. Information submitted in response to this RFQ will become the property of the City of Okeechobee and is subject to Florida Public Records Laws upon opening. SPECIAL MAGISTRATE STATEMENT OF QUALIFICATIONS Submissions shall include the following: a. The name, qualifications and experience of the person(s) submitting. b. Demonstration of prior experience as an Attorney for at least five (5) years. c. Explanation of how the qualifications may relate to the functions of the Special Magistrate. d. Statement of local availability and degree of accessibility to the City. e. List of agreements or contracts for such services with other governmental entities, if any. f. Graduation from a law school accredited by the American Bar Association. g. Respondents shall be a member in good standing of the Florida Bar for a minimum of five (5) years with no disciplinary history. Provide Florida Bar number, date of admission to the Florida Bar, and current membership, in good standing, with the Florida Bar. (Any Attorney who has been disciplined by the Florida Bar or Bar of any other jurisdiction will not be appointed as a Special Magistrate, unless reinstated in good standing.) h. Demonstrated knowledge of administrative laws, land use and zoning law, and local government regulation and procedures including the "Local Government Code Enforcement Boards Act," and alternative methods of code enforcement found in Florida Statutes Chapter 162. Familiarity with the City of Okeechobee Code of Ordinances is required. i. An up-to-date CV shall be attached to the Statement of Qualifications. 2. Selection Process a. After the scheduled submission opening, City staff will review each statement of qualifications, b. Up to three (3) qualified applicants will be selected by staff for an interview. c. The final selection will be made by the City Administrator and the recommendation will be sent to the City Council for appointment, tentatively scheduled for the regular council meeting of November 27, 2018 beginning at 7:00 p.m. Duties and Responsibilities: -The Special Magistrate will perform duties as specified in the City of Okeechobee Code of Ordinances and Land Development Regulations, and such other duties as specified by the City Council. -The Special Magistrate will oversee all code enforcement matters in a quasi-judicial setting, and will be bound by the Florida Code of Judicial Conduct. -The Special Magistrate shall adhere to the procedures and requirements of Florida Statutes chapter 162, and research and follow relevant opinions from the Attorney General as published from time to time. -The Special Magistrate must have knowledge and appreciation of the City's small town and rural lifestyle when considering the issuance of code violations, but also understand the necessity for stringent code enforcement for the improvement of the community's quality of life. -The Special Magistrate shall, if requested, receive and hear public comment on the issues before the magistrate. -The Special Magistrate is required to make findings of fact, and rulings of law, concerning code violations, and issue those findings at the session when they are heard. Written findings and execution of fines and liens shall be prepared within seven (7) days of the meeting. -It is the obligation of the Special Magistrate in his or her sole discretion, with input from the code enforcement officer and/or witnesses to determine whether a violation has occurred. The City Attorney will attend the meetings but acts only as counsel for the City of Okeechobee and its interests. -The City encourages the Special Magistrate to attend continuing legal education sessions concerning code enforcement, and will pay for the fees for that session, including travel and per diem, but excluding lodging. The City reserves the right to reject any or all responses, to amend or terminate the code enforcement process at any time, to waive any informalities or irregularities in any submittal, to award in whole or in part to one or more respondents or take any other such actions that may be deemed in the best interest of the City. Interested qualified individuals can direct questions to the City Attorney, John Cook at (863) 634-1648; the City Attorney will have no involvement in the selection process. Patty Burnette From: John Cook <jrcook1648@yahoo.com> Sent: Friday, October 19, 2018 1:11 PM To: Patty Burnette; Marcos Montes De Oca; Lane Gamiotea Cc: Bobbie Jenkins; Robin Brock Subject: RE: magistrate rfq The code and LDR sections we just amended. Sent from Yahoo Mail on Android On Fri, Oct 19, 2018 at 12:28 PM, Patty Burnette <Pburnette(c't�citvofokeechobee.com> wrote: John what is the Code of Ordinances Section/s that you want referenced? Thank you. Patty M. Burnette General Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, FL 34974 Tel: 863-763-3372 Direct: 863-763-9820 Fax: 863-763-1686 e-mail: pburnetteacitvofokeechobee.com website: www.citvofokeechobee.com 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. THIS ORDINANCE HAS NOT } BEEN SUPPLEMENTED TO THE CODE. PLEASE REFER TO THE LANGUAGE IN THIS ORDINANCE AS THE MOST ORDINANCE NO. 1175 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 Cit} 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: Maoisfrafe means in the context of the Citv 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 orincioal officer exercising governmental powers, or iudicial functions in quasi-iudicial proceedings before boards within the city; takinq and receiving evidence, makinq 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- Pagel of 3 Language to be added is underlined. Language to be deleted is ekuslNhreugh. THIS ORDINANCE HAS NOT BEEN 16 - 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: bUSOR^SS PeFSOR, and lay ^^r -^^^c. Pursuant to the authoritv 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 assiqned by the City Council, and to retain a maoistrate 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 maaistrate 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 maqistrate 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 maaistrate shall be a member of aood standina with the Florida Bar, and be a resident of Okeechobee County. Florida. (3) The compensation of the maaistrate shall be set by resolution of the City Council. (4) Althouah the code board is a quasi-judicial board, pursuant to Florida Statute 286.0114. the City of Okeechobee reciujres that at the publjc code enforcement meetings, the maaistrate allow reasonable comment by members of the public if so requested. (5) The maqistrate shall hear and determine code violations issuina from the code enforcement officer, and promptly issue its findinas of fact, and conclusions of law, at the public meetino wherein the code violation is heard. Ordinance No. 1175 - Page 2 of 3 Language to be added is underlined Language to be deleted is stwkdbreugh. 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. z Dowling R. Vtford, Jr., Mayor ATTIE�ST; • . Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of October, 2018. ATTST: Dowling R. N%tford; Jr., Mayor �. Lane Gamiotea, CIBC, City Clerk RE�VWED FOR LEG SUFF CIENCY: John R. Cook, City Attorney Ordinance No. 1175 - Page 3 of 3 Unguage to be added is underlined. Language to be deleted is skaskabraugh. THIS ORDINANCE HAS NOT f r / BEEN SUPPLEMENTED TO THE CODE. PLEASE REFER TO THE LANGUAGE IN THIS ORDINANCE AS THE MOST ORDINANCE NO. 1174 RECENT AND CURRENT. 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 APPOINTMENT OF A MAGISTRATE FOR CODE ENFORCEMENT PURPOSES; MANDATING THE RIGHT OF PUBLIC COMMENT AT CODE 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 resider,is 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 Citv Codes or other assigned duties from the Citv Council, as authorized in Florida Statutes Chapter 162.03. or as hereafter amended. as may be enacted by ordinance from the Citv Council. which may include a five or seven -member board soF11praSed of persens who are per maneR residents within of the City woe-are_,pointed--the sites seunsil as provided by—,tate4aw, of Okeechobee. or the appointment of a Maoistrate, to hear and determine code enforcement violations brought before it the board. This definition shall apply in every section of Citv codes or ordinances that refer to Code Enforcement Board. Ordinance No. 1174 -Pagel of 2 Language to be added Is underlined. Lanoueae to be deleted is &(rack -through. THIS ORDINANCE HAS NOT BEEN SUPPLEMENTED TO THE CODE. PLEASE REFER TO THE LANGUAGE IN THIS ORDINOST SECTION 2: Addition of Section 18-37. Magistrate. RECENT ANDUE AS RRENT. 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 authoritv of the Citv of Okeechobee set forth in Florida Statutes, Chapter 162.03, the Citv enacts a system of enforcement of city codes, or such other duties as assianed by the Citv Council, and to retain a Maqistrate to hear,. determine and issue orders on matters of code violations as mau be filed by the code officer for the Citv of Okeechobee.. Appointment and Duties. The position of Maaistrate shall be appointed by vote of the Citv Council after advertisina for same. The Maaistrate shall serve at the pleasure of the Citv Council and may be removed by the Citv Council at any time with or without cause. The Maaistrate shall be a member of Good standing with the Florida Bar, and be a resident of Okeechobee county, Florida. The compensation of the Maaistrate shall be set by resolution of the Citv Council. Although the office of code enforcement is a quasi-judicial board, pursuant to F.S. 286:0114 the Citv of Okeechobee requires that at the public code enforcement meetings, the Maaistrate allow reasonable comment by members of the public if so requested. The Maqistrate shall hear and determine code violations issuinq 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. Ddwling R. Watfofd, Jr., Mayor ATTEST: L�ane'Gamiotea, CMC, City Clerk PASSED AND -ADOPTED after Second and Final Public Hearing this 2"d day of October, 20% bowling R. Watford, ,J`r., Mayor ATT ST: j Lane) Gamiotda, CIVIC, City Clerk RE6IEWED,FOR GAAL,ISUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1174- Page 2 of 2 Language to be added Is underlined. Language to be deleted Is slFusk kreugh.