2023-05-16 VI. B. Ordinance 1274 Exhibit 2 • •
Exhibit 2
05/16/2023
ORDINANCE NO. 1274
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
OKEECHOBEE, FLORIDA; RELATING TO REQUESTS FOR
CODE ENFORCEMENT FINE REDUCTIONS, AMENDING PART
II OF THE CODE OF ORDINANCES OF THE CITY OF
OKEECHOBEE WITHIN CHAPTER 18 CODE ENFORCEMENT,
ARTICLE II CODE ENFORCEMENT PROCEDURE, BY
SPECIFICALLY AMENDING SECTION 18-38 POWERS OF
MAGISTRATE; SPECIFICALLY AMENDING SECTION 18-39
FINE REDUCTION REQUEST PROCESS; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 18-33 of the Code of Ordinances of the City of Okeechobee
states "Florida Statutes (F.S.) Chapter (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 program for the
City"; and
WHEREAS, F.S. Section 162.09(2)(c) states that "[a]n enforcement board may
reduce a fine imposed pursuant to this section; and
WHEREAS, consistent with the authority found in F.S. Ch.162 and Section 18-33 of
the Code of Ordinances of the City of Okeechobee, the City utilizes a Special
Magistrate rather than an Enforcement Board to adjudicate code enforcement
matters; and
WHEREAS, a number of local governments specify the grounds in which local
government staff and Special Magistrates evaluate code enforcement fine
reduction requests; and
WHEREAS, the City Council finds that this Ordinance promotes the public health,
safety and welfare of its citizens and inhabitants of the City, pursuant to Article
VIII, Section 1(g), Florida Constitution.
NOW, THEREFORE, be it ordained before 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; that:
SECTION 1: RECITALS.
The foregoing "WHEREAS" clauses are ratified and confirmed as being true
and correct and are made a specific part of this Ordinance.
SECTION 2: AMENDMENT TO SECTION 18-38.
That Section 18-38 Powers of Magistrate of Part II of the City Code of
Ordinances within Chapter 18 Code Enforcement, Article II Code
Enforcement Procedure is hereby amended to read as follows:
(a) The Magistrate shall have all powers created by F.S. Ch. 162.
Additionally, the magistrate shall have all powers delegated by the City
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.
Ordinance No. 1274, Page 1 of 4
Language to be added is underlined.
Language to be deleted is struck-t# eugka.
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(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 command
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.
(b) 4ny aggrieved party magi appeal an order of the magistrate to the circuit
court in F.S. 162.11, including but not limited to the magistrate'c,
determination of a fine reduction. Fine reductions are only authorized for
properties that have been brought into full compliance with City's Code
of Ordinances and in which the property owner has no other open Code
violations or liens on any other property in the City. In evaluating a
request fora reduction of any fine he or she has imposed, the Magistrate
shall use the following criteria:
(1) The recommendation of the City Administrator or his/her designee
as to the amount of the lien reduction.
(2) The gravity of the underlying code violation which gave rise to the
fine imposed by the Magistrate.
(3) The number of times within the last five years that an applicant has
applied to the City for lien reductions at the property.
(4) Whether the property has any liens or expired permits.
(5) Whether there are any outstanding balances owed to the City by the
property owner.
A fine imposed by the Magistrate may be reduced by a maximum of 60
percent.
(c) Any aggrieved party may appeal an order of the Magistrate to the Circuit
Court as provided in F.S. 162.11, including but not limited to the
Magistrate's determination of a fine reduction.
SECTION 3: AMENDMENT TO SECTION 18-39
That Section 18-39 Reserved of Part II of the City Code of Ordinances within
Chapter 18 Code Enforcement, Article II Code Enforcement Procedure is
hereby amended to read as follows:
Sec. 18-39. Fine Reduction Request Process.
(a) The City Administrator shall establish a process consistent with this
section in which property owners may request a fine reduction imposed
by a Magistrate.
(b) Property owners wishing to request a fine reduction shall complete a
Request for a Fine Reduction Application and submit it to the City
Administrator or his/her designee along with the applicable fee.
(c) Upon receipt of a completed Request fora Fine Reduction, the City shall
schedule an inspection of the property and determine whether there are
any other liens or expired permits. The fine shall be tolled until the
inspection is completed.
Ordinance No. 1274, Page 2 of 4
Language to be added is underlined.
Language to be deleted is st{ask-tbreugh.
•
•
(d) If, after inspection, the property is found to be in compliance, a hearing
before the Magistrate shall be scheduled. If the property is found not to
be in compliance, the property owner shall be promptly notified in
writing and be given a reasonable period of time to correct the
violation(s) and request a re-inspection. If the property owner fails to
correct the violation(s) and/or request a re-inspection within the time
frame set forth by the City, the Request for Fine Reduction shall be
denied and the fines will retroactively accrue.
(e) The City Administrator shall direct Code Enforcement to evaluate each
request prior to making a recommendation to the Magistrate. In making
its recommendation to the Magistrate, Code Enforcement shall use the
following criteria:
(1) The gravity of the underlying Code violation which gave rise to the
fine imposed by the Magistrate.
(2) The length of time in which the property was not in compliance with
the City's Code of Ordinances.
(3) Whether the property owner was proactive in bringing the property
into compliance with the City's Code of Ordinances.
(4) Whether there are any exigent circumstances that were the
underlying reason for untimely compliance with the City's Code of
Ordinances.
(5) Whether the property is subject to a foreclosure proceeding.
Sections 18-40 — 19-70 Reserved.
SECTION 4: SEVERABILITY.
If any section, subsection, clause, or provision of this Ordinance is declared
invalid or unconstitutional by a court of competent jurisdiction, the remainder
shall not be affected by such invalidity.
SECTION 5: CONFLICT.
All sections or parts of sections of the City of Okeechobee Code of
Ordinances in conflict herewith are intended to be repealed to the extent of
such conflict.
SECTION 6: INCLUSION IN THE CODE OF ORDINANCES.
It is the intention of the City Council of the City of Okeechobee, and it is
hereby ordained that the provisions of this Ordinance shall become and made
a part of the City of Okeechobee Code of Ordinances, that the sections of
this Ordinance may be renumbered or re-lettered to accomplish such
intentions; and the word "ordinance" may be changed to "Section" or other
appropriate word.
SECTION 7: EFFECTIVE DATE.
This Ordinance shall be effective upon final adoption on second reading.
INTRODUCED for FIRST READING and set for Final Public Hearing on this 16th
day of May 2023.
Dowling R. Watford Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
Ordinance No. 1274, Page 3 of 4
Language to be added is underlined.
Language to be deleted is strusic-th-roug4.
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SECOND READING AND FINAL ADOPTION held this 20th day of June 2023.
As required by City Charter Section C-4.1 .C, ordinances shall be adopted by roll
call on final reading and recorded, the vote was as follows:
Yes No Abstained Absent
Council Member Chandler:
Council Member/Vice Mayor Clark:
Council Member Jarriel:
Council Member McAuley:
Mayor Watford:
Dowling R Watford Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, Esq.
City Attorney
Ordinance No. 1274, Page 4 of 4
Language to be added is underlined.
Language to be deleted is struck through
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IV. NEW BUSINESS CONTINUED
C. Continued.All have their pros and cons which led to considering a blended/staggered option where
the OUA could consider immediately moving forward with design, permitting, and construction of
a LPS system to serve the residential area (from SW 5th to 7th Avenue's), and then consider future
expansion of the gravity sewer for the commercial corridor(SW 3rd to South Parrott Avenue) in the
future. He then reviewed the Southwest Service Area (SWSA) Project 1, the master force main
and pump station are currently under construction, the SWSA SE 2 Interconnect is in design and
permitting. Both the SWSA Project 2 Collection System and Project 3 Okee-Tanie/State Road 78
are in the design and permitting stage. The Treasure Island Project is being reviewed for
engineering, this is a large project that the OUA has received funding for and will eliminate over
2,500 septic tanks. The Pine Ridge Park Project is under construction. Mr. Creasman along with
Mr. John Hayford, OUA Executive Director responded to Council questions. There was concern
expressed in regards to using the LPS system for the SW 5th Avenue Project. Mr. Creasman
acknowledged those concerns and advise he would convey them to the OUA Board and request
to look at all options. A copy of the power point has been incorporated into the official minute file.
This item was for informational purposes, no official action required.
D. A discussion was held regarding the current protocol for Code Enforcement reduction of fines.
Council Member Jarriel expressed his concern that the Code Enforcement Magistrate recently
approved a fine reduction of 75 percent on a $10,000.00 fine. In order to provide historic practices
on fine reduction, Chief Hagan distributed two spreadsheets, which have been incorporated into
the official minute file.
One spreadsheet provided in table format, nine cases that went before the City Council requesting
fine reductions between January 2020 through April 2021. Of those nine, one was approved for a
reduction of 50 percent, one for 70 percent, one for 75 percent, two for 80 percent, and four for 90
percent, none were repeat violators. The Council, by ordinance in April 2021, gave the
authorization to the Special Magistrate to approve all future fine reduction requests. The second
spreadsheet provided in table format, nine cases that went before the Special Magistrate
requesting fine reductions between May 2021 through September 2022. Seven were approved for
a reduction of 75 percent, one was approved for 90 percent due to special circumstances, and one
noted as a repeat violator was approved for 50 percent.
City Attorney Greg Hyden was in attendance and reviewed Florida Statutes Chapter 162 which
addresses Code Enforcement and gave an overview of the process required when approving fine
reductions. It was also noted that the intent of issuing fines is to gain compliance and never to be
looked at as a source of revenue. The discussion continued with Code Enforcement Officers
Anthony Smith and Christina Curl, Chief Hagan, Attorneys Fumero and Hyden responding to
questions from the Council. The outcome was for Staff to re-develop their current matrix used
when making their recommendation for fine reduction requests to the Special Magistrate, to include
the length of time it takes for the property to come into compliance and efforts made by the property
owner. It was not noted whether this would need to come back before the Council.
E. Motion and second by Council Members Clark and Keefe to approve a Police Fleet purchase of four
2023 Dodge Chargers in the amount of$145,748.00 from Garber Fleet Sales [via the Florida Sheriff's
Association bid as presented in Exhibit 3]. A motion to amend the motion on the floor, to purchase
five 2023 Dodge Chargers, was made by Council Member Clark and seconded by Council Member
Jarriel. Motion to Amend Carried Unanimously. Motion as Amended Carried Unanimously.
F. Added Item. Motion and second by Council Members Keefe and Clark to approve an Interlocal
Agreement with Okeechobee County for storm debris removal and monitoring [as presented in Exhibit
4]. Motion Carried Unanimously.
G. Added Item. Motion and second by Council Members Keefe and Jarriel to approve a Worker's
Compensation Settlement with William Saum [as presented in Exhibit 5]. Motion Carried
Unanimously.
V. CITY ATTORNEY UPDATE
• Completed Settlement Agreement with William Saum;and
• Interlocal Agreement with the County of Okeechobee for storm debris removal.
VI. CITY ADMINISTRATOR UPDATE
• Worked closely with County Emergency Management during Hurricane Ian;
• Thanked Staff for their dedication and work both before and after Hurricane Ian;
• Will be reviewing and updating the Emergency Management Procedures which was last done in 1994.
OCTOBER 4,2022,CITY COUNCIL REGULAR MEETING,PAGE 2 OF 3
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283
-- CITY OF OKEECHOBEE, FLORIDA s(�" m_ DECEMBER 6, 2022, REGULAR CITY COUNCIL MEETING
5, MEETING MINUTES
?IC,- . •
I. CALL TO ORDER
Mayor Watford called the regular meeting of the City Council for the City of Okeechobee to order on
December 6, 2022, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast (SE) 3rd Avenue,
Room 200, Okeechobee, Florida. The invocation was offered by Mayor Watford; followed by the Pledge of
Allegiance led by Council Member Clark.
II. ATTENDANCE
Roll was taken by Deputy City Clerk Heather Prince to establish a quorum. Members present: Mayor Dowling
R. Watford, Jr., Council Members Noel A. Chandler, Monica M. Clark, Robert "Bob" Jarriel, and Robert
"Bobby" M. Keefe, Jr.
III. AGENDA AND PUBLIC COMMENTS
A. There were no requests for items to be added, deferred, or withdrawn from the agenda.
B. Motion and second by Council Members Keefe and Jarriel to approve the revised agenda as presented.
Motion Carried Unanimously.
C. There were no comment cards submitted for public participation for issues not on the agenda.
IV. CONSENT AGENDA
A. Motion and second by Council Members Keefe and Jarriel to [dispense with the reading and] approve
the meeting Minutes for November 8, 2022, and November 15, 2022, [as presented]. Motion Carried
Unanimously.
V. NEW BUSINESS
A. Ms. Connie Vanassche, of CAS Governmental Services, LLC, highlighted the City's 2023-24 Legislative
Priorities, as presented with the published agenda, that will be presented at the Delegation Hearing
scheduled for February 4, 2023. Appropriation Funding requests will include $1,200,000.00 for the
hardening of the Public Safety Building, $1,200,000.00 for the hardening of City Hall, and $412,503.00
for State Law Enforcement Radio System Equipment that is a State unfunded mandate. Issues of concern
are unfunded mandates and attacks on Home Rule which further fiscally constrain our area that is
designated a Rural Area of Opportunity. Our unemployment rate and poverty level are above the State
averages. Seek support for the Lake Okeechobee System Operating Manual Project, the Broadband
Expansion Programs, and the State's continued financial commitment to the widening of State Road(SR)
70 West to U.S. Highway 27. Request to increase or maintain State Funded Programs: Florida
Department of Environmental Protection water quality grants, and Recreation Development Assistance
Program grants. Florida Department of Economic Opportunity Rural Infrastructure Fund grants and
Historical Preservation grants. Florida Department of Transportation (FDOT) Small County Outreach
Program grants. Issues of financial concern are State mandated exemptions, Local Business Taxes, and
Communications Services Taxes. There were no modifications made, therefore this item was for
informational purposes only.
B. City Attorney Greg Hyden reviewed the Code Enforcement Lien Process utilizing an 11-slide power point
presentation[as presented in Exhibit 1,with a revised slide 11 and added slide 12 distributed during the
meeting]. He highlighted the specifics of Florida Statute Chapter 162 as it applies, then aspects of the
City's current Ordinances, and presented the Staff's recommendations for amendments to specify the
criteria considered by the Special Magistrate when reviewing requests for lien reductions. This includes
reducing liens to a maximum of 60 percent as well as considering the gravity of the violation, efforts
towards compliance, and frequency of violations.Attorney Hyden responded to several questions posed
by the Council. Following the discussion, the Council agreed to proceed with the amendments as
presented. An ordinance will be presented at a future meeting.
C. Motion and second by Council Members Chandler and Jarriel to approve the Termination of Grant of
License with American Legion Post No. 64 regarding Veterans Square in Flagler Park [as presented in
Exhibit 2]. For the record, it was verified that Mr. Steve Lynn of the American Legion is aware of matter
and in agreement they are no longer able to maintain the Park as originally agreed; and clarified the Park
would continue to be used to honor Veterans and would remain known as Veterans Memorial Square.
Motion Carried Unanimously.
DECEMBER 6,2022,CITY COUNCIL REGULAR MEETING,PAGE 1 OF 2
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314
VI. NEW BUSINESS CONTINUED
A. Continued. The completely voluntary S.A.F.E. program provides for family members/caregivers of
individuals who may be on the autism spectrum, have cognitive disabilities, physical disabilities, or other
special needs,to register those individuals regarding critical information before an emergency occurs. By
doing this, a notification will be provided when first responders are dispatched of the potential encounter,
making those first responders better prepared to approach an individual depending on their needs.
Additionally, when an individual is registered, they will receive decals to be strategically placed on the
home entrance door or window, and/or on a vehicle,to alert first responders to be prepared to encounter
someone who may not respond as expected in an emergency situation.Sheriff Stephen recently learned
about the program through the Florida Sheriff's Association, it was initiated by Santa Rosas County
Sheriff Robert Johnson. The information about implementing the Program was well received by the
Council, all were congratulated for their efforts.An enrollment flyer and decal were distributed, a copy of
which has been added to the official minute file.
B. Utilizing a 16-slide power point presentation, Code Enforcement City Attorney Greg Hyden reviewed the
proposed changes as recommended by Staff, to the Code Enforcement fine reduction procedures, as
presented in Exhibit 2 and provided below:
Code Section 18-38(b), delete the existing paragraph, and add: Fine reductions are only authorized for
properties that have been brought into full compliance with City's Code of Ordinances and in which the
property owner has no other open code violations or liens on any other property in the City. In evaluating
a request for a reduction of any fine he/she has imposed, the Magistrate shall use the following criteria:
1) The recommendation of the City Administrator or his/her designee as to the amount of the lien
reduction.
2) The gravity of the underlying code violation which gave rise to the fine imposed by the Magistrate.
3) The number of times within the last five years that an applicant has applied to the City for lien
reductions at the property.
4) Whether the property has any liens or expired permits.
5) Whether there are any outstanding balances owed to the City by the property owner.A fine imposed
by the Magistrate may be reduced by a maximum of 60 percent.
Add a Code Section 18-38(c)to read,Any aggrieved party may appeal an order of the Magistrate to the
Circuit Court as provided in Florida Statute 162.11, including but not limited to the Magistrate's
determination of a fine reduction.
Add Code Section 18-39, Fine Reduction Request Process.
a) The City Administrator shall establish a process consistent with this section in which property owners
may request a fine reduction imposed by a Magistrate.
b) Property owners wishing to request a fine reduction shall complete a Request for a Fine Reduction
Application and submit it to the City Administrator or his/her designee along with the applicable fee.
c) Upon receipt of a completed Request for a Fine Reduction, the City shall schedule an inspection of
the property and determine whether there are any other liens or expired permits. The fine shall be
tolled until the inspection is completed.
d) If, after inspection, the property is found to be in compliance, a hearing before the Magistrate shall
be scheduled. If the property is found not to be in compliance,the property owner shall be promptly
notified in writing and be given a reasonable period of time to correct the violation(s)and request a
re-inspection. If the property owner fails to correct the violation(s) and/or request a re-inspection
within the time frame set forth by the City, the Request for Fine Reduction shall be denied, and the
fines will retroactively accrue.
e) The City Administrator shall direct Code Enforcement to evaluate each request prior to making a
recommendation to the Magistrate. In making its recommendation to the Magistrate, Code
Enforcement shall use the following criteria:
1) The gravity of the underlying code violation which gave rise to the fine imposed by the Magistrate.
2) The length of time in which the property was not in compliance with the City's Code of
Ordinances.
3) Whether the property owner was proactive in bringing the property into compliance with the City's
Code of Ordinances.
4) Whether there are any exigent circumstances that were the underlying reason for untimely
compliance with the City's Code of Ordinances.
5) Whether the property is subject to a foreclose proceeding.
The presentation also included a four-page Request for Fine Reduction Application and Instructions to
be adopted and implemented along with an application fee. Following discussion,the Council did not
object to,or offer by consensus or other action,amendments to the proposed changes;they will
be presented at a future meeting in a proposed ordinance for a first reading.
APRIL 18,2023,CITY COUNCIL REGULAR MEETING, PAGE 2 OF 4