1222 Authorize Code Enforcement Special Magistrate to Issue Fine ReductionsORDINANCE 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; 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 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 R^�^�; 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 �� proqram 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
complaints; direct the code enforcement officers or law enforcement officers in the
investigation into such complaints; schedule code h^�r�, �„oo+;^^� enforcement hearinqs;
provide a tape recorded record of such meetings; prepare and record official acts and
Ordinance No. 1222 - Page 1 of 3
Language to be added is underlined.
Language to be deleted is skuslNhreuc,�h.
orders of the �ea-�d special maqistrate; prepare and file any liens as directed by the �ea�
special maqistrate; and to generally be responsible for all operation and record keeping
for the city's code enforcement �ea-�� program. The Esd�-T^f.�.;��.�viYi�i�ii w�u�� s ecial
maqistrate 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 bea-�� s ecial
maqistrate may �et� approve upon at a regular or special �g hearinq that +� he/she
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 $�50.00 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 $�100.00
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 ^��'� �;;{�;-���^+,-, h�a special magistrate, or before the county court
and the �eafd 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.
1. The maqistrate shall have all powers created bv F.S ch 162 Additionally the maqistrate
shall have all powers deleqated bv the citv ��mmic�e�i�n council relatinq to the exercise of
its police powers pursuant to F.S. ch. 166 The magistrate shall have the express power
to:
a) Adopt rules for the conduct of code enforcement meetinqs and hearinas
b) Subpoena alleqed violators and witnesses.
Ordinance No.1222 - Page 2 of 3
Language to be added is underlined.
Language to be deleted is �h.
c) Subpoena evidence as necessary for hearinqs includinq but not limited to physical
and documentary evidence, such as records, surveys, plats and photogra�hs.
d) Take testimonv under oath.
e) Issue orders having the force and effect of law which can command whatever steps
are necessary to brinq a violation into compliance, such decision to be made at the
hearinq and reduced to writinq and mailed to the violator within ten working days
thereafter.
fl Establish and enforce fines pursuant to this municipal code.
g) Authorize the reduction of any fine he or she has imposed.
2. Anv aqqrieved partv mav appeal an order of the maqistrate to the circuit court as provided
in Section 162.11, Florida Statutes, includinq bv not limited to the magistrate's
determination of a fine reduction.
SECTION 7: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 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 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 10: Effective Date. This Ordinance shall take effect immediately upon its passage.
INTRODUCED for First Reading and set for Final Public Hearing on this 2"d day of March, 2021.
%� � /Z!'%
� ^
�—� Dowling R� atford,�Jr., Mayor
ATT�ST:
� , ;
,� � � ( , �
;
Lane amiotea, C C, City Clerk
Postponed at the �April 6, 2021, Second Reading and Public Hearing, to hold the Final
Adoption at a duly noticed Public Hearing on this 18th day of Mav, 2021.
AT� T:
- t � � ,�-J
LG
Lane amio ea, CIVIC, City Clerk
, t
��% L f � �
owling R. W fo d, Jr., Mayor
REVIEWED FOR LEGAL�+CIENCY:
/ �,1 �':/ �
�,
J : Furnero, Esq., City Attorney
Ordinance No. 1222 - Page 3 of 3
Language to be added is underlined.
Language to be deleted is stwsk-lhfeugh.
Bobbie Jenkins
From: City Attorney
Sent: Tuesday, April 27, 2021 4:06 PM
To: Lane Gamiotea; Bobbie lenkins
Cc: John Fumero; Carlyn H. Kowalsky
Subject: RE: Code Enforcement Ordinance
Looks good. My only comment is that -
Section Sec. 18-38. — Powers of maqistrate.
g) Authorize tE�� r�d�.���i�r� �� ���� �'i�ae he or she has em�osed.
Was not really "added" from the first reading. It was discussed to be deleted, and now proposed to be added
back in. However, I do not have a suggestion for how to reflect that any better than what you have now.
Once John reviews this it will be good to go.
Carlyn
From: Lane Gamiotea
Sent: Monday, April 26, 20214:24 PM
To: City Attorney <cityattorney@cityofokeechobee.com>; Bobbie Jenkins <bjenkins@cityofokeechobee.com>
Cc: John Fumero <jfumero@nasonyeager.com>
Subject: RE: Code Enforcement Ordinance
OI<ay, checl< the attachment & let me I<now, I also noted the change that should be done in the title with these changes.
�r,�s �a�e E������;o�a, c�rc
�'=`,�, City Clerk/Personnel Administrator
� -=- ' City of Okeechobee
�• � 55 SE 3�d Avenue, Room 100, Okeechobee, FL 34974
Office: 863.763.3372 ext. 9814, Fax: 863.763.1686, Cell: 863.697-0345
Under Florida law, email addresses are public records. If you do not want your email address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by
phone or in writing, Florida Statute 668.6076.
CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law.
Most written communications to or from local officials regarding city business are public records available to
the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may
therefore be subject to public disclosure.
From: City Attorney <cityattorney@cityofol<eechobee.com>
Sent: Monday, April 26, 2021 3:43 PM
To: Lane Gamiotea <�amiotea@cityofol<eechobee.com>; Bobbie Jenkins <bjenl<ins@cityofol<eechobee.com>
Cc: John Fumero <jfumero@nasonvea�er.com>
Subject: RE: Code Enforcement Ordinance
Almost... Section (2) goes under Sec. 18-38. I moved it and made some minor revisions to be
consistent with the language I provided.
See below.
From: Lane Gamiotea
Sent: Monday, April 26, 2021 3:22 PM
To: City Attorney <cityattorr�ey@cityofol<eechobee.com>; Bobbie Jenkins <bienl<ins@cityofol<eechobee.com>
Cc: John Fumero <jfumero@nasonyea�er.com>
Subject: RE: Code Enforcement Ordinance
Carlyn, I think this is what we're doing (LOL) double check me, the changes in
yellow highlight are from the 1 St reading, these newest ones are in bold red:
Sec. 18-36. - Effect of no violation.
(1) If any alleged violator should appear or contest the violation through the
code enforcement officer, or before the special
maaistrate, or before the county court and the �e�a-�� special maqistrate
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.
Sec. 18-38. — Powers of maqistrate.
(1)The maqistrate shall have all powers created by F.S. ch. 162. Additionally,
the magistrate shall have all powers deleqated bv the city
council relatinq to the exercise of its police powers pursuant to F.S. ch.
166. The maqistrate shall have the express power to:
a) Adopt rules for the conduct of code enforcement meetinqs and
hearings.
b) Subpoena alleqed violators and witnesses.
c) Subpoena evidence as necessary for hearinqs, including but not
limited to physical and documentary evidence, such as records,
surveys, plats and photo rq aphs.
d) Take testimony under oath.
e) Issue orders havinq the force and effect of law which can command
whatever steps are necessary to brinq a violation into compliance,
such decision to be made at the hearinq and reduced to writinq and
mailed to the violator within ten workinq days thereafter.
f) Establish and enforce fines pursuant to this municipal code.
9) Authorize the reciu�tic�n �f ��y �i�a� h� c�r �he h�� ���osed.
z
(2)Any aggrieved party may appeal an order of the magistrate to the
circuit court as provided in Section 162.11, F.S., including but not
limited to the magistrate's determination of a fine reduction.
Remove all of Section 7, renumber the section numbers after 7 as
appropriate
��s �a�� �������;o�a, c�rc
� � �� City Clerk/Personnel Administrator
• --- ' City of Okeechobee
`;•' 55 SE 3�d Avenue, Room 100, Okeechobee, FL 34974
- Office: 863.763.3372 ext. 9814, Fax: 863.763.1686, Cell: 863.697-0345
Under Florida law, email addresses are public records. If you do not want your email address released
in response to a public records request, do not send electronic mail to this entity. Instead, contact this
office by phone or in writing, Florida Statute 668.6076.
CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public
records law. Most written communications to or from local officials regarding city business are public
records available to the public and media upon request. Your correspondence via e-mail, text message,
voice mail, etc., may therefore be subject to public disclosure.
From: City Attorney <cityattornev@cityofokeechobee.com>
Sent: Monday, April 26, 2021 2:53 PM
To: Lane Gamiotea <I�amiotea@citvofol<eechobee.com>; Bobbie Jenkins
<�enl<ins@cityofol<eechobee.com>
Cc: John Fumero <jfumero@nasonvea�er.com>
Subject: Code Enforcement Ordinance
Please call me at your convenience to discuss numbering of the following addition.
See pending ordinance Section 6---
Add the following sentence as Sec. 18-36, subsection (2) —
Any aggrieved party may appeal an order of the magistrate to the circuit court as provided in
Section 162.11, Florida Statutes, including but not limited to the magistrate's determination of a
fine reduction.
Carlyn
��
!
Bobbie Jenkins
From:
Sent:
To:
Cc:
Subject:
Carlyn H. Kowalsky <CKowalsky@nasonyeager.com>
Tuesday, March 23, 2021 825 AM
Bobbie Jenkins; City Attorney
Lane Gamiotea; 1.J. Smith; John Fumero
RE: Revised Ordinance 1222-Code Enforcement Ch. 18 Revisions
I seem to recall that they wanted to keep this text in section 3. If your record reflects this, I would
remove the strike-though.
, , , ,
ee�s+� - , - , � , ._ ; . .; � � . , .� ; �;�,
� � � � � , . � , -. �, ., _c. " ,-;, �-,;��,:� •
I would strike the entirety of Section 7 and renumber the subsequent sections. �'
Otherwise, it looks good for publication.
Carlyn
Carlyn H. Kowalsky
Attorney at Law
Email: CKowalskvC�nasonyeager.com
Tel: 561-982-7114 � Fax: 561-982-7116
Mobile: 561-248-3922
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From: Bobbie Jenkins [mailto:bjenkins@cityofokeechobee.com]
Sent: Tuesday, March 23, 2021 8:11 AM
To: City Attorney <cityattorney@cityofokeechobee.com>
Cc: Lane Gamiotea <Igamiotea@cityofokeechobee.com>; J.J. Smith <jsmith@cityofokeechobee.com>; Carlyn H.
Kowalsky <CKowalsky@nasonyeager.com>; John Fumero <JFumero@nasonyeager.com>
Subject: FW: Revised Ordinance 1222-Code Enforcement Ch. 18 Revisions
Importance: High
1
� ��,
Good morning! Just following up on this. We need to have this posted to the website today as it will be published in the
Newspaper tomorrow.
Bobbie 1. Jenkins
Deputy Clerk
City of Okeechobee
55 SE 3�d Avenue
Okeechobee, FL 34974
Phone: (863) 763-3372 ext. 9814
Direct: (863) 763-9814
Fax: (863) 763-1686
:�,,
- 4j F��,
�rr C �� - � -
� C
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.
From: Bobbie Jenkins
Sent: Tuesday, March 16, 2021 11:51 AM
To: City Attorney <cityattorney@cityofol<eechobee.com>
Cc: Lane Gamiotea <I�amiotea@cityofol<eechobee.com>; City-J.J. Smith <Ismith@citvofol<eechobee.com>; Carlyn H.
Kowalsky <CKowalsl<yC@nasonyeager.com>; John Fumero <jfumero@nasonyeager.com>
Subject: Revised Ordinance 1222-Code Enforcement Ch. 18 Revisions
Importance: High
Good morning!
I've attached the ordinance with proposed changes from the first reading held March 2"d for amendments to Chapter
18. Should there be changes, please email those back to me so that I can post it to the website before the final public
hearing.
Thanks!
Bobbie J.lenkins
Deputy Clerk
City of Okeechobee
55 SE 3�d Avenue
Okeechobee, FL 34974
Phone: (863) 763-3372 ext. 9814
Direct: (863) 763-9814
Fax: (863) 763-1686
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107 SW 17th Street, Suite D
Olceechobee, Florida 34974
863-763-3134
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authoriry personally appeared
Katrina Elslcen Muros, who on oath says she is the Publisher of
the Lake Okeechobee News, a weel:ly Newspaper published
in Okeechobee County,�lorida, that the .attached copy of an
advertisement being a �'� ; ; �'} � ; C�. , � �C`;--�-'i c� .. �-
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Lake Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Katrina Elsken Muros, who on oath says she is the Publisher of
the Lake Olceechobee News, a weekly Newspaper published
in Okeechobee Co,unty;�plorida, that the attached copy of an
5s .
advertisement being a��, ��� �:�- ��"� d c' iF-''
in the matter of ��%��°'�o s�:. �`�<_,��q�l1 N.s,�.�.�; g�.� �h�. �., �.:,,_F`'
in the 19�h Judic'r°al District of tfie Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
� � � �4 � � �.:� � � �
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 Olceechobee 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 Muros
Sworn t� an �bscribed before me this. y- ,3_
� �`�''� day of ��' �W,t�� tol ��'� � AD
Notary Public, State of Florida at La�ge
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QIYOFOI�E0108EE
PUBLIC NOTI�
CDf�tA'RON OF ADOPf1NG A QTY ORDII�WNCE
NoiICE: The 4y d Ckeediol� wi mrcl�� a RbkFI�tg onApr
6, 7D21, at 6 PM, or as s�at ttw��i po�, at Qy Hal� SS SE 3td
qyE, qeediobee, FL, h� m�cla fi�al �dng for adop[bn
tlg o�a�,�,� r+n �v: no. �: ar� oRnnrnr� oF nf arr oF
q�6� RARIDA; AME7dDllJG UU1PiIIt 18, ARIIQE II
oF n+e 000e oF oRumane�s au►tioR�c n� aooe e�►-
F+DR�'ffi�Ii MAGL57RA7E TO OOf�FR FII'!E REDUCfIOFK`�
IIIC72E0.5IIJG ALN�RATINE FEES 0.S PROVIDm IN 7}ff
ORDIIiANCF' M7FNDING OTHER REVLSIOPiS TO RFAECI' T}�
IlSE OF A MAGSfRATE; MJTFiORIII�JG TFE QiY ATiDRNEY TO
II�ISfTRIfE POREQ_06URE PRO�IIiGS AS PROVIDm IN T}1E
ORDINANCE' PROVIDING POR OONRICf� PROVIDING FOR SfV-
caean m� oaovtu7NG FnR CODIFICATION: AND PROVIDING
�'�,. BE ADVLSFD tlat 9tould you timd h� �lav airy doan�rt, pi�e, vlde�
�atsrsmme6ryoou�fnAQpataopp¢�Aaiaftl�Ismn,amp/ dthe
doanmrt, vidm, a I�n rtaat 6e qwided m the Qy dak for the
ays �reiwir rFrc9or� o�u� ro av�u ar� d�oo r�de
n,�n,�a�yca.,aw�n�mary �m�a��da�ms�ywa
nead h� eraae a �ebalin ieaad d the poas&g k made ard ihe �aad
Fiddes tlie OeSfmotry ard evlder� �m wlildi�L P�� w[h ��itia
aQnidanae wih the Miaiats wih D�t�
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tlie Off[P n pe�n oro186?r7G39614, F�' .Lrqaied: Rai�
f�y� 1-1 ro 6�i Uun faa baie$ �ys prbrm
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i��'��. ANGIE BRIDGES
_,� '„ MY COMMISSION # GG 971582
:�r� oe' EXPIRES: Ap�120, 2024
"'•.FOFF4°.' gonded Thru Notary Public Underwiiters