Loading...
2021-03-02 Ex 02 (Items added)DRAFT Feb. 18, 2021 To: City Council Members From: Robert Peterson, Chief of Police Carlyn Kowalsky, Assistant City Attorney Subject: Consider revisions to City Code to streamline code enforcement process. Date: February 18, 2021 The proposed changes to the City Code will streamline the code enforcement process to allow the Magistrate and City attorney to handle most matters without coming to the City Council for approval. The City Council is currently tasked with considering fine reduction requests and approval of foreclosure actions after non-payment of a code enforcement lien. Under these proposed changes, those matters will be handled by the Magistrate and City Attorney respectively without the need for City Council approval. All matters will be handled in accordance with procedures contained in Florida Statutes. In addition, the changes will increase the administrative fees for processing the case from $25 to $50 for first time violators and to $100 for repeat violators. The changes also include other minor revisions to reflect the use of a Magistrate rather than a code enforcement board. Ordinance No. 1222 - Page 1 of 4 Language to be added is underlined. Language to be deleted is struck through. ORDINANCE NO. 1222 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18, ARTICLE II OF THE CODE OF ORDINANCES; AUTHORIZING THE CODE ENFORCEMENT MAGISTRATE TO CONSIDER FINE REDUCTIONS; INCREASING ADMINISTRATIVE FEES AS PROVIDED IN THE ORDINANCE; AMENDING OTHER REVISIONS TO REFLECT THE USE OF A MAGISTRATE; AUTHORIZING THE CITY ATTORNEY TO INSTITUTE FORECLOSURE PROCEEDINGS AS PROVIDED IN THE ORDINANCE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 162, Florida Statutes permits municipal code enforcement programs to be administered using a Special Magistrate to handle code enforcement proceedings; and WHEREAS, the City Council finds that it is more efficient to have the Special Magistrate consider fine reduction requests to the Special Magistrate; and WHEREAS, the City Council finds that it is more efficient to delegate the authority to institute foreclosure actions to the City Attorney consistent with the provisions of Florida law; and WHEREAS, the City Council wishes to increase the administrative fees for processing a code enforcement case and make other revisions to the Code of Ordinances to reflect the use of a Magistrate; and WHEREAS, it is in the best interests of the City of Okeechobee and its residents to institute these more efficient measures for carrying out the City’s Code enforcement program. NOW, THEREFORE, the City Council of the City of Okeechobee hereby enacts the following revisions to the Code of Ordinances, which have been 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 Chapter 18, Article II Code Enforcement. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart A-General Ordinances, providing for amendments to Chapter 18-Code Enforcement, Article II-Code Enforcement Board; Procedure as follows: ARTICLE II. - CODE ENFORCEMENT BOARD; PROCEDURE SECTION 2: Amendment and Adoption to Section 18-33. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart A-General Ordinances, providing for amendments to Chapter 18-Code Enforcement, Article II-Code Enforcement Board; Procedure, Section 18-33 Adoption of State Statute as follows: Sec. 18-33. - Adoption of state statute. F.S. ch. 162, parts I and II, "Local Government Code Enforcement Boards Act," is adopted in its entirety, as presently written or as hereafter amended by the state legislature, as substantive authority for, and to proscribe procedures for, the establishment, organization, and operations of the local code enforcement board program for the city. SECTION 3: Amendment and Adoption to Section 18-34. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart A-General Ordinances, providing for amendments to Chapter 18 -Code Enforcement, Article II-Code Enforcement Board; Procedure, Section 18 -34 Administrative Procedures as follows: Sec. 18-34. - Administrative procedures. All code enforcement operations for the city shall be administratively handled through the police chief, who shall provide the appropriate forms; take complaints; process Ordinance No. 1222 - Page 2 of 4 Language to be added is underlined. Language to be deleted is struck through. complaints; direct the code enforcement officers or law enforcem ent officers in the investigation into such complaints; schedule code board meetings enforcement hearings; 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 city’s code enforcement board program. 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: Amendment and Adoption to Section 18-34. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart A-General Ordinances, providing for amendments to Chapter 18 -Code Enforcement, Article II-Code Enforcement Board; Procedure, Section 18-35 Administrative Staff Fees as follows: Sec. 18-35. - Administrative staff fees. (a) Any first-time violators of any city ordinance or code, or those not considered to be repeat violators as defined in section 18 -32, are required to correct the alleged violation upon receipt of a first notice of violation from the city. If such violation is not corrected, and a second notice must be sent, then the city shall assess and collect from the violator an administrative fee of $250.00 for processing the complaint, plus any additional expense incurred in long distance phone charges; certified mail expense, recording charge, or any such other reasonable administrative expense incurred in processing the complaint, which excludes the salary of the code enforcement officer or city employees, regardless of whether the violator should come into compliance with the cited ordinance or code prior to the public hearing on the violation. (b) For those persons who qualify as repeat violators by this article, upon the initiation and processing by the city of any complaint for being in violation of a city ordinance or code, the city shall assess and collect from the violator an administrative fee of $25100.00 for processing the complaint, plus any additional expense incurred in long distance phone charges; certified mail expense, recording charge, or any such other reasonable administrative expense incurred in processing the complaint, which excludes the salary of the code enforcement officer or city employees, regardless of whether the violator should come into compliance with the cited ordinance or code prior to the public hearing on the violation. SECTION 5: Amendment and Adoption to Section 18-36. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart A-General Ordinances, providing for amendments to Chapter 18 -Code Enforcement, Article II-Code Enforcement Board; Procedure, Section 18 -36 Effect of No Violation as follows: Sec. 18-36. - Effect of no violation. If any alleged violator should appear or contest the violation through the code enforcement officer, or before the code enforcement board special magistrate, or before the county court and the board special magistrate or county court should find as a matter of law and fact from the evidence or witnesses presented by the code enforcement officer representing the city at such hearing, that no violation occurred by the alleged violator, then no administrative charge or expense as provided in this article shall be assessed against the alleged violator, and such allegations shall not constitute a violation so as to form a basis for treating the alleged violator as a repeat violator under this section, unless such violator would otherwise qualify for such designation as defined in section 18-32. SECTION 6: Addition and Adoption of Section 18-38. That the City Council for the City of Okeechobee, Florida, adds herein Part II of the Code of Ordinances, Subpart A-General Ordinances, providing for amendments to Chapter 18 -Code Enforcement, Article II-Code Enforcement Board; Procedure, Section 18 -38 Powers of Magistrate as follows: Sec. 18-38. – Powers of magistrate. Ordinance No. 1222 - Page 3 of 4 Language to be added is underlined. Language to be deleted is struck through. The magistrate shall have all powers created by F.S. ch. 162. Additionally, the magistrate shall have all powers delegated by the city commission relating to the exercise of its police powers pursuant to F.S. ch. 166. The magistrate shall have the express power to: (1) Adopt rules for the conduct of code enforcement meetings and hearings. (2) Subpoena alleged violators and witnesses. (3) Subpoena evidence as necessary for hearings, including but not limited to physical and documentary evidence, such as records, surveys, plats and photographs. (4) Take testimony under oath. (5) Issue orders having the force and effect of law which can com mand whatever steps are necessary to bring a violation into compliance, such decision to be made at the hearing and reduced to writing and mailed to the violator within ten working days thereafter. (6) Establish and enforce fines pursuant to this municipal code. (7) Authorize the reduction of any fine he or she has imposed. SECTION 7: Addition and Adoption of Section 18-39. That the City Council for the City of Okeechobee, Florida, adds herein Part II of the Code of Ordinances, Subpart A-General Ordinances, providing for amendments to Chapter 18 -Code Enforcement, Article II-Code Enforcement Board; Procedure, Section 18-39 Authorization of City Attorney to Foreclose Liens Imposed Pursuant to Section 26-35 as follows: Sec. 18-39. - Authorization of city attorney to foreclose liens imposed pursuant to section 26-35. The city attorney is hereby authorized and directed to institute foreclosure proceedings to foreclose any and all liens imposed pursuant to this article. Such proceedings may be commenced by the city attorney 90 days after the order of the magistrate imposing the lien has been recorded in the public records of the county. SECTION 8: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: 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 10: Inclusion in the Code. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Okeechobee. SECTION 11: 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 March, 2021. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 6th day of April, 2021. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Ordinance No. 1222 - Page 4 of 4 Language to be added is underlined. Language to be deleted is struck through. REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney � �is-fr�`bcc�ec� at �leefi� Ma.v. Z, �/ Steps for code violation brought to code enforcement by concern citizen or from a routine inspection. 1. Inspect the property for code violations. 2. If any violations send the property owner a courtesy card. 3. After 7-14 days if property not in compliance a Statement of Violation and Notice of hearing sent to property owner. 4. Reinspect property. 5. If property still not in compliance before the allotted time and not in compliance before the hearing date case goes before the magistrate. 6. During the hearing, the property owner will be heard and if the property deemed out of compliance fines will be recommended by City Attorney. 7. A lien order will be recorded. 8. After 90 days the property owner sent 90-day reminder letter. 9. If they still don't bring the property into compliance or pay the fine the City attorney will begin Foreclosure on the property. Procedural Overview Purpose: For the property owner to bring his or her property into compliance as quickly as possible. To give you a better understanding of the Code Enforcement process, along with the changes made to help streamline the process. Definitions: SOV: Statement of Violation NOV: Notice of Violation NOTE: The property coming into compliance with the least amount persuading from the Code Enforcement Dept. Process: Complaint called in by a concern citizen. A violation or violations discovered during a routine inspection. 1. If a complaint is called in go out do an inspection and gather evidence in the form of pictures, noting the date and time and if violation or violations and the address and description of the violation or violations. If violation or violations is found during a routine inspection: to gather evidence, noting date and time of the infraction first noticed, address and description of the violation or violations. 2. Add the property to the system: Address, Property Owner, Date and Time of the violation was notice, the code the violation is violating, label the pictures and a description of the violation. 3. Send the property owner a courtesy card via regular mail with a description of the violation, address, property owner, date and time first noticed and which code or codes that are being violated. Giving them a time frame in which to bring the property into compliance. (7-14 days depending on what the violation is) Note: if the violation is detrimental to the property owner, tenant and or and any surrounding neighbor the violation must be brought into compliance immediately. 4. Reinspect the property after the allotted time and determine if the property has been brought into compliance. a. If the property is brought into compliance the process is stopped. b. If the property is determined to be still out of compliance the next step is to be taken. 5. A case number is assigned, and SOV/NOV is sent to the property owner with date, time the violation or violations first noticed the code the violation or violations being violated, a description of the violation or violations an allotted . time for correcting the violation or violations and if not brought back into compliance by the allotted time, the date of the hearing in front of the Special Magistrate, in which the property owner can present any evidence of the contrary. This will be sent via Certified Mail and a file will be made at this time in which all evidence gathered will be placed. a. If the property is brought into compliance before the allotted time, the process will be stopped after reinspection and compliance is determined. b. If the property is brought into compliance after the allotted time but before the hearing in front of the Special Magistrate, the process will be stopped and noted at the hearing. c. If the property is not in compliance before hearing in front of the Special Magistrate, the next will be taken. 6. During the hearing in front of the Special Magistrate, upon the recommendation of the City Attorney there will be a fine imposed in accordance with the fine schedule until the property is brought into compliance. a. A lien order will be recorded with the county on the property. b. The property owner will be notified of the fine and a 50.00 administration fee via Certified Mail if not present at the Special Magistrate hearing. The property owner will have 14 days to bring the property into compliance after proper notification. a. If the property owner brings the property back into compliance the fine will be calculated and a 50.00 administration fee. The owner will be notified via Certified Mail. 8. After ninety (90) days the property owner will be sent a ninety-day reminder letter that will be sent via certified mail explaining the fine amount that has accrued and the 50.00 administration fee to be paid after the property has brought into compliance. If the property owner brings the property back into compliance, they will be required to pay the fine and the 50.00 administration fee, a satisfaction of lien will then be filed, and the case will be closed. b. If the property is still not in compliance the next step will be taken. 9. The City Attorney will begin Foreclosure on the property. a. Once this happens the owner will be responsible for the fine, 50.00 administration fee and attorney fees as well. Note: The property owner can request a fine reduction if they are unable to pay the full amount of the fine at any time after a fine has been opposed. This is also based on the property being brought into compliance.