1181 Code Enforcement Amendment - Moving CE from FD to PDORDINANCE NO. 1181
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA TRANSFERRING
RESPONSIBILITY FOR ALL CODE ENFORCEMENT PURSUANT TO FLORIDA
STATUTES CHAPTER 162 FROM THE FIRE DEPARTMENT TO THE POLICE
DEPARTMENT; AMENDING THE CODE OF ORDINANCES, CHAPTER 2
ADMINISTRATION, ARTICLE III, DIVISION 6, SECTION 2-172 THEREOF; AMENDING
THE CODE OF ORDINANCES, CHAPTER 2 ADMINISTRATION, ARTICLE Iii, DIVISION
6, SECTION 2-173 THEREOF; AMENDING THE CODE OF ORDINANCES, CHAPTER
18, ARTICLE II, SECTION 18-34 THEREOF; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida recognizes that enforcement of City Codes
pursuant to the provisions of Florida Statutes Chapter 162 is a high priority for the City and its
citizens, and that continuing efforts to set policies and procedures for code enforcement within the
City are necessary and justified as needed; and
WHEREAS, code enforcement in the City has been traditionally performed under the auspices of the Fire
Chief and his staff, although current codes also name certified law enforcement officers as code
inspection officers as well; and
WHEREAS, as the Fire Chief and staff have performed code enforcement functions admirably, but it is
believed that transferring these functions to the Office of Chief of Police and his officers will greatly
increase the number of code officers within the City, and permit code enforcement activities to be
performed 24 -hours per day, seven days per week.
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 and Adoption to Section 2-172 Fire Department.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances,
Subpart A -General Ordinances; Chapter 2 -Administration; Article IH -Departments, Officers, and
Employees; Division 6 -Departments and Offices; Section 2-172 Fire department as follows:
There is hereby created and established a Fire Department. The head of the department shall be
known as the Fire Chief who shall be responsible for fire protection and fire
inspections as required by law. The Fire Chief shall supervise all employees assigned to the
department and shall be responsible for the maintenance of the buildings and equipment needed in
the operation of the department. The Fire Chief shall perform such other duties as may be
prescribed by the City Council
SECTION 2: Amendment and Adoption to Section 2-173 Police Department.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances,
Subpart A -General Ordinances; Chapter 2 -Administration, Article III -Departments, Officers, and
Employees; Division 6 -Departments and Offices; Section 2-173 Police department as follows:
There is hereby created and established a Police Department of the City whose head shall be
known as Chief of Police. This department shall be responsible for the preservation of law and
order in the City and shall be responsible for the enforcement of the laws and ordinances of the
City. This department shall also be responsible for all code enforcement activities pursuant to
Florida Statutes Chapter 162 within the City. This department shall have general supervision over
the control of traffic, the school crossing guards and all employees assigned to the department.
The Chief of Police shall be responsible for the proper maintenance of the buildings and equipment
used in the operation of the department. The Chief of Police shall perform such other duties as
may be prescribed by the City Council.
Ordinance No. 1181 - Page 1 of 2
Language to be added is underlined.
Language to be deleted is stwsk-lbfeegh.
SECTION 3: Amendment and Adoption to Section 18-34 Administrative Procedure.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances,
Subpart A -General Ordinances; Chapter 18 -Code Enforcement; Article II -Code Enforcement Board;
Procedure; Section 18-34 Administrative procedures as follows:
All code enforcement operations for the City shall be administratively handled through the Fife
chief Police Chief, who shall provide the appropriate forms; take complaints; process com,laints;
direct la -is the code enforcement officers in or her law enforcement officers in the investigation into
such complaints; schedule code board meetings; provide a tape recorded record of such meetings;
prepare and record official acts and orders of the board; prepare and file any liens as directed by
the board; and to generally be responsible for all operation and record keeping for the code
enforcement board. The code enforcement board may from time to time forward on to the City
Council as an agenda item, or for general consideration, any matter, request, suggestion or
concern the board may vote upon at a regular or special meeting that it determines should be
addressed by the City Council.
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 19th day of February, 2019.
Dowling R. Watford, Jr., Mayor
ATTEST:
14... L'Qntc,
Lane Gamiotea, CMC, Crty Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 5th day of March, 2019.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR
SUFFICIENCY:
John R. Cook, City Attorney
Ordinance No. 1181 - Page 2 of 2
Language to be added is underlined.
Language to be deleted is struck through.
/
' Dowling R. Watford, Jr., Mayor
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.44 MEMORANDUM
TO: Attorney Cook DATE: February 6, 2019
FROM: City Clerk Gamiotea' SUBJECT: Code Book sections referencing
Fire Department and/or Staff
and Resolution #2009-08
As discussed, I've gone through and provided the sections of the Code that will require amendments
in order to move the operations of Code Enforcement from being under the Fire Chief/Department, to
the Police Department.
Chapter 2 – ADMINISTRATION:
DIVISION 6 – Departments and Offices
Sec. 2-172. - Fire department.
There is hereby created and established a fire department. The head of the department shall be
known as the fire chief who shall be responsible for code enforcement, fire protection and fire
inspections as required by law. The fire chief shall supervise all employees assigned to the
department and shall be responsible for the maintenance of the buildings and equipment needed in
the operation of the department. The fire chief shall perform such other duties as may be prescribed
by the city council. (Code 1982, § 2-45) Cross reference— Fire protection and prevention, ch. 34.
DIVISION 5. - CHIEF OF POLICE
Sec. 2-151. - Duties.
There shall be elected by the city council at its regular meeting a chief of police who shall hold office
for a term until his successor is elected and qualified, and whose duty shall be such as may be
prescribed by law and the city council. It shall be the duty of the chief of police to enforce the
ordinances of the city, and to serve all warrants placed in his hands by the proper authorities.
(Laws of Fla. (1919), ch. 8318, § 31) Editor's note— This section has been editorially amended to
delete as obsolete a term limit for the chief of police and deleting provisions for the chief of police as
collector of taxes and licenses due the city.
Secs. 2-152-2-170. - Reserved.
DIVISION 6 – Departments and Offices
Sec. 2-173. - Police department.
There is hereby created and established a police department of the city whose head shall be known
as chief of police. This department shall be responsible for the preservation of law and order in the
city and shall be responsible for the enforcement of the laws and ordinances of the city. This
department shall have general supervision over the control of traffic, the school crossing guards and
all employees assigned to the department. The chief of police shall be responsible for the proper
maintenance of the buildings and equipment used in the operation of the department. The chief of
police shall perform such other duties as may be prescribed by the city council.
(Code 1982, § 2-46)
Page 1 of 3
CHAPTER 18 — CODE ENFORCEMENT:
Article II — Code Enforcement Board; Procedure
Sec. 18-34. - Administrative procedures.
All code enforcement operations for the city shall be administratively handled through the fire chief,
who shall provide the appropriate forms; take complaints; process complaints; direct the code
enforcement officer in his investigation into such complaints; schedule code board meetings; provide
a tape recorded record of such meetings; prepare and record official acts and orders of the board;
prepare and file any liens as directed by the board; and to generally be responsible for all operation
and record keeping for the code enforcement board. The code enforcement board may from time to
time forward on to the city council as an agenda item, or for general consideration, any matter,
request, suggestion or concern the board may vote upon at a regular or special meeting that it
determines should be addressed by the city council.
(Code 1982, § 2-18)
Article III — Citation Procedure �()J.), m ( J J4
Sec. 18-72. - Designation of enforcement officers. us/ LL,A (NJks !"5 prop 4?" CariU
For the purpose of this article, the City of Okeechobee hereby designates the fire chief, fire
inspectors, all full-time and part-time code enforcement officers and sworn law enforcement officers
as "Code Enforcement Officers" who shall have the powers and authority to issue citations through
the procedures set forth in this article and F.S. ch. 162 (21 through 23).
(Res. No. 09-08, § 2, 5-5-2009)
I believe this section should remain as written, but wanted to confirm this with you: PPL Je,-(
CHAPTER 14 — BUSINESSES:
Sec. 14-175. - Pool or billiard parlors, game rooms, amusement parlors.
(d) That compliance with these regulations is a precondition to continued operation of a business and
its business tax receipt, therefore, a violation of this section as it pertains to hours of operation,
occupancy, and sale of alcoholic beverages, or other city codes, may be enforced in the following
manner by any law enforcement officer, code officer, or fire chief or his designee:
Just wanted to point out that the code enforcement officer could be an ex officio member of the
Technical Review Committee, and confirm that the Police Chief wants to keep this language as
written. Reminder for this to be amended it will need to go before the Planning Board as a text
amendment:
CHAPTER 70 — LDR'S ADMINISTRATION: f .
Sec. 70-101. - Establishment and composition. `� - ltd '
There is hereby established a technical review committee which shall be chaired by the zoning
administrator and building official, and shall consist of the following voting members and ex officio
members or appointed representatives from their departments:
(1) Voting members shall include the city administrator, zoning administrator and building official,
public works director, fire chief, police chief, and city engineer.
(2) Ex officio members may include any city consultant, city attorney, code enforcement officer,
county environmental health representative, executive director of the city utility authority, and the
school district representative.
Page 2 of 3
I wanted to bring to your attention that we are using the term "Department" within these sections,
since there is not technically a "department" that the City Council adopted and created, and its
functions/operations have always been under the direction of an actual department, should the
language be modified for consistency, and the use of"Code Enforcement Supervisor"?
CHAPTER 66 — LDR'S GENERAL PROVISIONS OWt, JC IAA o
Sec. 66-11. - Specific revisions; International Property Maintenance Code.
The following sections of the International Property Maintenance Code are hereby revised as follows:
Section 101.1. Title. Insert City of Okeechobee as the name of the applicable jurisdiction.
Section 102.3. Insert at end of first sentence: and any and all applicable current Florida Building Code
or Florida Fire Prevention Code provisions. In the event that any conflicts or inconsistencies may be
found to exist between any of the provisions of the International Property Maintenance Code, as
adopted by this ordinance and the provisions of either the Florida Building Code, as set forth in
Chapter 553, Part IV, Florida Statutes, or the Florida Fire Prevention Code, as set forth in Chapter
633, Florida Statutes, the provisions of the Florida Building Code and the Florida Fire Prevention
Code, respectively, shall prevail.
Sectio_n 103. Department of Property Maintenance Inspection. Is to be renamed "City of Okeechobee
Code Enforcement Department."
Section 103.1 General. Delete the words "department of property maintenance inspection is hereby
created," and insert in its place and stead the words: "City of Okeechobee Code Enforcement
Department has been heretofore created." Further, wherever the words "department of property
maintenance inspection" or "code official' may appear, substitute the words: "City of Okeechobee
Code Enforcement Department" and the words "Code Enforcement Supervisor," respectively.
Section 106.3. Prosecution of violation. Insert at the end of section, the words: The City of
Okeechobee Code Enforcement Department may, in addition, or alternatively, to pursuing any such
criminal or civil penalties or seeking injunctive relief, bring violations for prosecution before the Code
Enforcement Board, in accordance with all of the provisions of, and pursuant to, the enforcement
procedures established under the City of Okeechobee, Code of Ordinances, Chapter 18, or Chapter
162, Florida Statutes.
Section 106.4. Violation Penalties. Insert at the end of section, the words: The monetary penalties
that may be imposed for violations shall conform to the discretionary limits set out in Chapter 162,
Florida Statutes.
Section 111. Means of Appeal. An appeal of any decision of the City of Okeechobee Code
Enforcement Department shall be governed by the provisions of Chapter 162, Florida Statutes.
And then the last item is Resolution No. 2009-08, copy attached. Will a new resolution need to be
adopted? If so, I thought it prudent to verify the procedures setting out the citation procedures as well
as the schedule of fees.
Let me know if I can be of any further assistance in getting the appropriate ordinance drafted for City
Council consideration.
Page 3 of 3
RESOLUTION NO. 09-08
A RESOLUTION OF THE CITY OF OKEECHOBEE,
FLORIDA, RESCINDING RESOLUTION NO. 01-15 IN ITS
ENTIRETY; ESTABLISHING A STANDARD FORM OF
CITATION REGARDING CODE ENFORCEMENT
VIOLATIONS; ESTABLISHING DESIGNATION OF
ENFORCEMENT OFFICERS; DESIGNATING SPECIFIC
VIOLATIONS AND A SCHEDULE OF PENALTIES
REGARDING THE CITATION PROCEDURE; PROVIDING
FOR THE CITATION PROCEDURES AND FEE SCHEDULE
TO BE INCLUDED IN THE CODE OF ORDINANCES AS
APPENDIX G; PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Okeechobee,Florida,adopted by Ordinance No.782 an alternate
method for enforcement of code violations in the City by approving issuances of
citations pursuant to the authority of Florida Statutes Chapter 162(21 through 23);
and
WHEREAS, the enforcement of the City Code of Ordinances serves a legitimate public
service; protects the rights and responsibilities of all citizens of the City of
Okeechobee, and enacting enforcement procedures is a valid municipal function;
and
WHEREAS,the appointed Code Enforcement Board for the City of Okeechobee,who are
charged with the regular and routine task of enforcement of City Codes, has
requested that the alternate method of enforcement through issuance of citations
be approved by the City Council; and
WHEREAS,designation of specific violations and a schedule of penalties will enhance the
ability of the City to enforce its code and ordinances;and
WHEREAS,in the interest of expediency and ease of amendment as necessary,it is in the
best interests of the City to adopt a list of violations with scheduled fines for use in
enforcement of codes via citations by resolution,and to include such schedule as
"Appendix G"to the City Code of Ordinances.
NOW, THEREFORE, be it resolved before the City Council of the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by a majority
vote of the City Council;and properly executed by the Mayor or designee,as Chief
Presiding Officer for the City:
SECTION 1. Authority and purpose,Standard Form of Citation.
As provided in F.S.§162.21 the City of Okeechobee hereby adopts the process for citation
violations and a standard form of citation for use in code and ordinance violations which
shall contain:
1. The date and time of issuance.
2. The name and address of the person to whom the citation is issued.
3. The date and time of the civil infraction was committed.
Page 1 of 7
4. The facts constituting reasonable cause.
5. The number or section of the code or ordinance violated.
6. The name and authority of the code enforcement officer.
7. The procedures for the person to follow in order to pay the civil penalty or to
contest the citation.
8. The applicable civil penalty if the person elects to contest the citation.
9. The applicable civil penalty if the person elects not to contest the citation.
10. A conspicuous statement that if the person fails to pay the civil penalty within
the time allowed,or fails to appear in court to contest the citation,the person
shall be deemed to have waived his or her right to contest the citation and
that, in such case, judgment may be entered against the person for an
amount up to the maximum civil penalty.
SECTION 2. Designation of enforcement officers.
For the purpose of this chapter,lthe City of Okeechobee hereby designates the Fire Chief,
Fire Inspectors, all full-time and part-time code enforcement officers and sworn law
enforcement officers as "Code Enforcement Officers" who shall have the powers and
authority to issue citations through the procedures set forth in this resolution and Florida
Statute Chapters 162(21 through 23).
SECTION 3. Procedure for issuing citations.
It is the policy of the City of Okeechobee, through its Code Enforcement Board as
appointed pursuant to the provisions of Florida Statutes Chapter 162, to enforce code
violations through the procedures as set out in both Part I and Part II of said statute.
Warning notice prior to citation issuance;exception.
The City Code Enforcement Officer shall investigate,write violations,and enforce
code violations as necessary for all City Codes,including land use regulations under
adopted Land Development Regulations, and other codes or ordinances as
appropriate. Except in the case of a repeat violator or service threat to the public's
health, safety or welfare, or violation threatening imminent or irreparable harm to
persons or property,the Code Officer shall first, prior to issues a citation, provide
the violator with a courtesy letter outlining the nature of the violation, and the time
periods provided for correction of the problem(s), which shall be not less than 5
days nor more than 30 days,as deemed appropriate considering the nature of the
violation.
Service of warning notice or citation.
(1) Written warning notices, if applicable, and citations shall be hand
delivered to the alleged violator by the code enforcement officer. In the
absence of the alleged violator, issuance of a written warning notice or
citation may be accomplished by leaving a copy at the alleged violator's
residence with any person residing therein who is fifteen (15)years of age
or older and informing the person of the contents or by registered or certified
mail, return receipt requested.
(2) Issuance of a written warning notice or citation to a business may be
accomplished by leaving a copy at the business, during regular business
hours,with any employee and informing the employee of the contents or by
registered or certified mail, return receipt requested to the property owner.
Each employee of the business shall be deemed to be an agent of the
business for service of warning notices and citation.
Page 2 of 7
SECTION 4. Criminal penalties; Refusal to Sign Citation.
Any person who willfully refuses to sign and accept a citation issued by a code
enforcement officer shall be guilty of a misdemeanor of the second degree,punishable as
provided in F.S. 775.082 or 775.083.
If the person cited so refuses to sign the citation,the code enforcement officer shall write
the words"Refused"or"Refused to Sign"in the space provided for the personal signature
and shall then leave a copy of the citation with the person cited, if possible.
Following such refusal to sign, the code enforcement officer shall contact the City of
Okeechobee Police to report such refusal as a violation of Section 162.21(6), Florida
Statutes.
SECTION 5. Enforcement procedures.
1. In the implementation of enforcement action under this ordinance, the following
procedures shall apply:
(a) A violation of any municipal code or ordinance is a civil infraction, and the
maximum civil penalty shall not exceed$500.00 for each violation.
(b) In an instance where the alleged violator elects to not contest the violation
by either failing to appear in court or before the Code Board,or by admitting
such violation,the maximum penalty shall be less than the sum of$500.00,
taking into consideration the factors set forth in Section 6.
(c) The designated code officer(s)shall issue a notice to appear in County Court
upon reasonable cause to believe that a person has committed an act in
violation of a municipal code or ordinance, and file same with the Clerk of
Court together with a copy within five days of issuance.
(d) The Clerk of Court shall issue to the alleged violator a notice of date and
time to appear in County Court to address the violation.The Code Officer
issuing the notice to appear shall appear in Court on behalf of the City,and
the alleged violator may appear to consent to,or contest,the violation(s).As
the violations are civil in nature,the violator will not be appointed an attorney,
although any violator may retain counsel at their own expense to appear at
the hearing.All parties should be prepared at the hearing with any witness,
photographs,or documentary evidence as they may wish to present that is
pertinent to the issue. The Florida rules of evidence shall apply to all
proceedings in the County Court.Any party wishing to retain a record of the
proceedings should be prepared to retain a court reporter at their own
expense.
(e) Upon conclusion of the hearing, if the violator is determined to be guilty of
the violation,the Court may assess in addition to civil penalties certain court
costs as may be mandated by rules of court or by State Statute.Included in
a finding of guilt shall be a time period to come into compliance with the
applicable code or ordinance,not to exceed 30 days,although an extension
may be granted under extenuating circumstances agreed to by the City or
ordered by the court.
(f) Payment of any civil penalty imposed by this Resolution shall be made to the
Clerk of the Court, who shall forward the monies collected to the City
Finance Department for deposit into the appropriate City fund for distribution
and use by the Code Enforcement Department. If a judgement has been
entered for the civil penalty,the Clerk of the Court shall notify the City when
the judgment has been paid, and the necessary satisfaction of judgement
shall be prepared and recorded in the official records of the County. The
Clerk of the Court may determine to add additional fees to the civil penalty
to be retained by the County Clerk as an administrative fee.
Page 3 of 7
•
•
(g) If any part of a fine or penalty, or court cost, assessed against the violator
should remain unpaid 30 days from date of order,the City shall file a lien in
the public records of the Circuit Court,Okeechobee County,Florida,for such
amount(s), which shall be a general lien against the real and personal
property of the violator, enforceable as provided in Chapter 162, Florida
Statutes.
2. These provisions shall not apply to enforcement pursuant to F.S.553.79 and 553.80
of the Florida Building Code adopted under Section 553.73 as applied to
construction, provided that a building permit is either not required, or has been
issued by the City.
3. These provisions are additional and supplemental means of enforcing municipal
codes or ordinances, and may be used in the enforcement of any code or
ordinance, or for the enforcement of all codes and ordinances.Nothing contained
herein shall prohibit the City from enforcing its codes or ordinances by any other
means.
•
SECTION 6. Designation of specific violations and penalties.
To achieve uniformity of penalty and enforcement in the process of code enforcement,the
code enforcement officer for the City of Okeechobee should observe and follow the listed
penalties for the various code violations listed hereafter. Nothing shall prevent however,
the code enforcement officer from issuing a lower or higher fine,than that suggested by
this resolution, of up to $250.00 for a first violation and up to $500.00 for second and
subsequent violations,when considering the following factors:
1. The gravity of the violation and effect of neighboring properties.
2. Any actions taken by the violator to correct the problem(s)after their courtesy
letter.
3. Any previous findings of violations by such violator on the subject property
or against other properties owned by such violator.
4. The length of time the violation has existed.
5. The degree of co-operation offered by the violator in correcting the
problem(s).
The violations listed below by reference to section number and description of violation,
which is not all-inclusive,may be enforced by issuance of a civil citation conforming to the
requirements of F.S.§162.21.Any violation not specifically listed below may be enforced
and punishable by a fine of up to $250.00 for the first violation and up to $500.00 for
second and subsequent violations.
The citation shall contain a conspicuous statement that if the violator fails to pay the fine
within the time period prescribed on the citation, or fails to appear in county court upon
notice,that such person waives the right to contest the violation,and judgement may be
entered for up to the maximum penalty statutorily allowed.
MINIMUM MAXIMUM
DESCRIPTION AND SECTION NO. REDUCED PENALTY REPEAT
CIVIL;PENALTY OFFENSES
Abandoned vehicle§30-32 $25.00 $100.00 $500.00
Accumulation of garbage,trash,junk and/or $25.00 $100.00 $500.00
debris§30-32
Advertising/illegal §14-291 &90-563 $25.00 $100.00 $500.00
Advertising/on public property§90-563(3) $25.00 $100.00 $500.00
Page 4 of 7
Bai rier for a swimming pool not provided or
inadequate§90-452 $50.00 $250.00 $500.00
Commercial vehicles stored in a residentially $75.00 $150.00 $500.00
zoned area§54-51
Construction in the right-of-way without permit $50.00 $100.00 $500.00
§46-42
Damage to City Street or Sidewalk§46-3 $125.00 $250.00 $500.00
Excessive accumulations of trash for pick-up
§30-32 $50.00 $100.00 $500.00
Garbage/container required but not provided
(residential)§30-35(3) $50.00 $100.00 $500.00
Garbage/commercial container required but not
provided(apartments of 4 units or more)§30-35 $50.00 $100.00 $500.00
Garbage/Improper disposal(residential)§30-37 $50.00 $100.00 $500.00
&§42-31
Illegal dumping§30-32 $125.00 $250.00 $500.00
Illegal signs in right-of-way§90-563(3) $50.00 $100.00 $500.00
Illegal structure§70-251 $50.00 $100.00 $500.00
Improper refuse receptacle and signs for
commercial establishments§30-35 $50.00 $100.00 $500.00
Improperly disposing of industrial wastes F.S.
376 $125.00 $250.00 $500.00
Improperly maintained landscaping(traffic
hazard)§30-46 $50.00 $100.00 $500.00
Landscaping damaging utilities or drainage§54-
$50.00 $100.00 $500.00
121
Litter(producing or failing to clean up)§30-32 $50.00 $100.00 $500.00
Noise ordinance violation§30-81,82 $50.00 $100.00 $500.00
Obstructing the right-of-way§54-41 $50.00 $100.00 $500.00
Obstructing traffic line of sight or control signs $50.00 $100.00 $500.00
§30-465
Business Tax Receipt violation§50-32 $125.00 $250.00 $500.00
Open hole or excavation§46-5 $50.00 $100.00 $500.00
Overgrown lots§30-33 $50.00 $100.00 $500.00
Parades without permit§46-1 $50.00 $100.00 $500.00
Peddling/hawking violation§14-121 $50.00 $100.00 $500.00
Political signs not removed in allowed time§90-
$50.00 $100.00 $500.00
564(3)(f)
Political sign size violation§90-564-(3)(f) $50.00 $100.00 $500.00
Posting of sign or garage sale or other
advertisement on City trees located in the right $50.00 $100.00 $500.00
of way or on other city owned properties§90-
563(2)-(5)
Public nuisance not abated§10-8,§30-43,§54-
$50.00 $100.00 $500.00
121
Page 5 of 7
Raw sewage spill uncorrected§58-73 $125.00 $250.00 $500.00
Sale of alcoholic beverages near churches,
schools or day care centers§6-2 $125.00 $250.00 $500.00 -
Sale of alcoholic beverages on Sundays§6-1 $125.00 $250.00 $500.00
Signage§90-565 $50.00 $100.00 $500.00
Signs without permits§90-562 $50.00 $100.00 $500.00
Solicitation in violation of code requirements $50.00 $100.00 $500.00
§14-121 to§14-178
Stagnant water§30-32 $50.00 $100.00 $500.00
Unapproved carnival§90-662 to§90-666 $50.00 $100.00 $500.00
Unlicensed junkyard§30-40 $125.00 $250.00 $500.00
Vacant dwelling unsecured§30-43 $125.00 $250.00 $500.00
Vacant building unsecured§30-43 $125.00 $250.00 $500.00
Visibility Triangle Violation§30-46 $50.00 $100.00 $500.00
Yard Sale in a Commercial or Industrial zone
without a permit§90-282&§90-283 $50.00 $100.00 $500.00
All other Florida Building Code violations§66-10 $50.00 $100.00 $500.00
Illegal sign structure§70-273 $100.00 $200.00 $500.00
Demolition without a permit§70-251 $100.00 $200.00 $500.00
Working without a building permit§70-251 $100.00 $200.00 $500.00
Mobile home in location other than a licensed $100.00 $200.00 $500.00
mobile home park§70-273
Church without a certificate of use and
occupancy§70-273 $100.00 $200.00 $500.00
Violation of fence height restriction in
commercial zones§70-273 $100.00 $200.00 $500.00
Erecting fence without a permit(all zones)§70-
251 $100.00 $200.00 $500.00
Failure to maintain a building or structure in safe $100.00 $200.00 $500.00
condition§70-273
Failure to comply with lawful stop work order $100.00 $200.00 $500.00
§70-273
Failure to maintain devices or safeguards in
good working order§70-273 $100.00 $200,00 $500.00
Failure to remove debris,equipment, material or $100.00 $200.00 $500.00
sheds§30-43
Failure to provide required handicapped $100.00 $250.00 $500.09
accessibility§38-31
Hindering or obstructing director or inspector $100.00 $250.00 $500.00
§70-271
Violations of fence restrictions of residential $100.00 $250.00 $500.00
zones§70-273
Violation of the South Florida Building Code $100.00 $250.00 $500.00
§66-10
Page 6 of 7
Violations in mobile home parks(includes tie $100.00 $250.00 $500.00
downs)§70-273
Violations regarding water connection violation, blocking meters,wastewater
connection violations,any and all violations dealing with the water and wastewater
service within the City are deferred to the Okeechobee Utility Authority as provided by
Interlocal Agreement.
Violations regards animals are referred to the Okeechobee County Animal Shelter as
provided by Interlocal Agreement
Section 7. Miscellaneous.
Any municipal code or ordinance not specifically listed in section 6 may be enforced as any
other code or ordinance,with a maximum penalty of$250.00 for first violation and$500.00
for second or subsequent violations.
SECTION 8. Effective Date.
This Resolution shall take effect immediately upon adoption.
INTRODUCED AND ADOPTED in regular session this 5th day of May,2009.
r,�eir
owling R.Watford,Jr., .i.yor Pro-Tempore
ATtEST: •
�a -ia
Lane Gamiotea,CMC,City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
1141
SDkvl�
John R.Cook,City Attorney
Page 7 of 7
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA TRANSFERRING RESPONSIBILITY FOR ALL CODE
ENFORCEMENT PURSUANT TO FL. STATUTE CH. 162 FROM THE FIRE DEPARTMENT TO THE POLICE
DEPARTMENT; AMENDING CODE OF ORDINANCES CHAPTER 2, ADMINISTRATION DIVISION 6 SEC. 2-172
THEREOF; DIVISION 6 SEC. 2-173 THEREOF; AND CHAPTER 18, ARTICLE II, SEC. 18-34 THEREOF;
PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS the City of Okeechobee recognizes that enforcement of city codes pursuant to the
provisions of Florida Statutes ch. 162 is a high priority for the City and its citizens, and that continuing
efforts to set policies and procedures for code enforcement within the City are necessary and justified as
needed; and
WHEREAS code enforcement in the City has been traditionally performed under the auspices of
the Fire Chief and his staff, although current codes also name certified law enforcement officers as code
inspection officers as well; and
WHEREAS as the Fire Chief and staff have performed code enforcement functions admirably,
but it is believed that transferring these functions to the office of chief of police and his officers will
greatly increase the number of code officers within the City, and permit code enforcement activities to
be performed 24/7; so
THEREFORE.....(usual )
CHAPTER 2-ADMINISTRATION:
DIVISION 6 sec. 2-172 Departments and Offices
(leave this section as is,just delete the words "code enforcement" from it)
DIVISION 6 sec. 2-173 Departments and Offices
(insert new language after this sentence " laws and ordinances of the city. This department shall also
be responsible for all code enforcement activities pursuant to F.S. ch. 162 within the City.
CHAPTER 18-CODE ENFORCEMENT:
Article II-Code Enforcement Board: Procedure
Sec. 18-34-Administrative Procedures.
(leave this section as is, deleting "fire chief" and inserting "police chief", and delete "code enforcement
officer in his" and insert "his or her law enforcement officers into the" )