2021-04-06 Ex 01CHANGES ANNOTATED IN YELLOW WERE AMENDMENTS MADE AT
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Ordinance No. 1222 - Page 1 of 4
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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.
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Ordinance No. 1222 - Page 2 of 4
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All code enforcement operations for the city shall be administratively handled through the
police chief, who shall provide the appropriate forms; take complaints; process
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 special magistrate; prepare and file any liens as directed by the board
special magistrate; 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. The code
enforcement board special magistrate 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 special magistrate may vote approve upon at a regular or special
meeting hearing that it he/she determines should be addressed by the city council [THE
COUNCIL DID NOT WANT TO REMOVE THIS SENTENCE].
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 cod e
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 cons titute 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.
CHANGES ANNOTATED IN YELLOW WERE AMENDMENTS MADE AT
THE FIRST READING HELD MARCH 2, 2021
Ordinance No. 1222 - Page 3 of 4
Language to be added is underlined.
Language to be deleted is struck through.
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.
The magistrate shall have all powers created by F.S. ch. 162. Additionally, the magistrate
shall have all powers delegated by the city commission council 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 co unty.
SECTION 8 7: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 9 8: 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 9: 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 110: 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
CHANGES ANNOTATED IN YELLOW WERE AMENDMENTS MADE AT
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Ordinance No. 1222 - Page 4 of 4
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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
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney