1274, Code Enforcement Fine Reduction Process 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 "[amn 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
VI I I, 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 stwek-through.
(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)
court in F.S. 162.11, including but not limited to the magistrate's
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 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
III
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.
Ordinance No. 1274, Page 2 of 4
Language to be added is underlined.
Language to be deleted is sNask-through.
(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
e
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.,,,sila/or
ATTEST:
Lane Gamiotea, CMC, City Clerk
Ordinance No. 1274, Page 3 of 4
Language to be added is underlined.
Language to be deleted is struck--through.
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: x
Council MemberNice Mayor Clark: x
Council Member Jarriel: x
Council Member McAuley: x
Mayor Watford: X
•
Dowling R Watfo . r., M o'r
ATTEST:
Y\,a fro9-0
Lane amiotea, MC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
J . Fumero, Esq.
City Attorney
•
Ordinance No. 1274, Page 4 of 4
Language to be added is underlined.
Language to be deleted is struokthrough.
328 [-►LF
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V. QUASI-JUDICIAL PUBLIC HEARING CONTINUED Lch
A. Continued. Planner Smith, attending electronically via Zoom, presented the Planning Staff
Report which finds the request is consistent with the City's Comprehensive Plan. Clerk
Gamiotea stated for the record 22 courtesy notices were mailed to the surrounding property
owners, advertisements, and one sign were properly posted, with no objections or comments
received to date. There were no comments from the Council. Roll Call Vote: Chandler — Yea,
Clark— Yea, Jarriel —Yea, McAuley — Yea, Watford — Yea. Motion Carried.
MAYOR WATFORD CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:27 P.M.
VI. MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:28 P.M.
A. Motion and second by Council Members Jarriel and McAuley to read by title only, proposed Ordinance
No. 1274, amending and creating Code Enforcement Fine Reduction Procedures within Chapter 18 of
the Code of Ordinances [as presented in Exhibit 2]. Motion Carried Unanimously.
Attorney Fumero read title of proposed Ordinance No. 1274 into the record as follows: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO REQUESTS
FOR CODE ENFORCEMENT FINE REDUCTIONS, AMENDING PART li 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."
Motion and second by Council Members Jarriel and Chandler to adopt proposed Ordinance No. 1274.
There were no comments from the public or Council. Roll Call Vote: Chandler— Yea, Clark — Yea,
Jarriel — Yea, McAuley— Yea, Watford — Yea. Motion Carried.
B. Motion by Council Member Chandler, second by Vice Mayor Clark to read by title only, proposed
Ordinance No. 1272, regarding Land Development Regulations(LDRs)Text Amendment Application No.
23-001-TA, amending and creating regulations for Mobile Food Dispensing Vehicles (MFDV) (food
trucks)within Chapters 14 and 90 of the Code of Ordinances [as presented in Exhibit 3]. Motion Carried
Unanimously.
Attorney Fumero read the title of proposed Ordinance No. 1272 into the record as follows: "AN
ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO THE REGULATION OF
THE OPERATION OF MFDV WITHIN THE CITY LIMITS, LDR TEXT AMENDMENT APPLICATION
NO. 23-001-TA; AMENDING PART II OF THE CITY CODE OF ORDINANCES OF THE CITY OF
OKEECHOBEE WITHIN CHAPTER 14 BUSINESSES, BY SPECIFICALLY AMENDING ARTICLE VI
MFDV, ALLOWING FOR OPERATION OF MFDV AT HOUSES OF WORSHIP AND IN THE
COMMERCIAL PROFESSIONAL OFFICE (CPO), LIGHT COMMERCIAL (CLT), HEAVY
COMMERCIAL (CHV), CENTRAL BUSINESS DISTRICT (CBD), AND IND ZONING DISTRICTS AND
ALLOWING FOR OPERATION OF MFDV IN CONJUNCTION WITH A TEMPORARY USE PERMIT;
AND WITHIN CHAPTER 90 ZONING, BY SPECIFICALLY AMENDING ARTICLE III DISTRICT AND
DISTRICT REGULATIONS, ALLOWING FOR MFDV AS A SPECIAL EXCEPTION USE IN THE CPO,
CLT, CHV, CBD, IND, PUBLIC USE (PUB), AND RURAL HERITAGE (RH)ZONING DISTRICTS AND
ARTICLE IV, SUPPLEMENTARY DISTRICT REGULATIONS; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE."
Motion and second by Council Members Chandler and McAuley to approve the first reading and set July
18, 2023, as the final adoption date for proposed Ordinance No. 1272.
Planner Smith reviewed 2020 legislation that pre-empted local governments from prohibiting MFDV in all
zoning districts. The proposed Ordinance was discussed at a Planning Board Workshop on March 16,
2023, and Planning Board meetings on April 20, 2023, and May 16, 2023. Mayor Watford opened the
floor for public comment. There were no comments from the public. Following a discussion, Council
Member .Jarriel made a motion to amend proposed Ordinance No. 1272, to only allow the operation of
MFDV within the IND zoning districts. Motion failed due to lack of a second.
Motion by Vice Mayor Clark, second by Council Member Jarriel to amend proposed Ordinance No. 1272
to only allow MFDV in zoning districts restaurants are currently allowed in. Planner Smith clarified the
motion to amend would remove allowing MFDV by special exception use in the PUB and RH zoning
districts. Motion to Amend Carried Unanimously. Vote on Motion As Amended Carried
Unanimously.
MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 7:17 P.M.
JUNE 20,2023, CITY COUNCIL REGULAR MEETING, PAGE 2 OF 4
ALE COPY
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Lake Okeechobee News
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Okeechobee, FL 34972
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STATE OF FLORIDA CITY OF OKEECHOBEE
COUNTY OF OKEECHOBEE PUBIICNOTICE
CONSIDERATION OF ADOPTING A CITY ORDINANCE
Before the undersigned authority personally appeared Ka-
trina Elsken Muros, who on oath says that she is Editor ,' 2 gym
in Chief of the Lake Okeechobee News, a weekly news- wcraiomdthekb*,3c'"D'a" * 274x
paper published in Okeechobee County, Florida; that the Oi a Fwroa� r OFs,Ts
9�FOR�BQr FIFE RUCTIONS AN@mING PART II OF TFE
attached copy of advertisement, being a Public Notice in TYxtF°F ORDINANOES OF TTE CRY OF o4ECO10BTS WETTW4
the matter of OuwTat 18 OODE EIIORCE.Bfr,ARTICLE It CODE ENFORCE
VENT PROCEDURE,BY SPECIFICALLY AMENDING SECTION 18-38
Public Notice POWERS OF MAGISTRATE;SPECIFICALLY At434DING SECTION
18-39 FIDE REDUCTION REQUEST PROCESS,PROVIDING FOR
CODIFICATION;PROVIDING FORSEVERA®STY;REPELLING ALL
in the 19th Judicial District of the Circuit Court of wirm.LANcEsPRO PIG TNRICr -
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7th day of June. 2023. rc4
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PUBLIC NOTICE(0F0k4
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-=4..` 4 .�'° CITY COUNCIL MEETING L un tuL-too '
NOTICE IS HEREBY GIVEN that the City Council for the City of Okeechobee will conduct a Regular Meeting on June
20, 2023, at 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, Rm 200, Okeechobee, FL.
The public is invited to attend and be heard on all matters. Copies of the agenda will be available at the meeting,
or prior to the meeting, and may be viewed and/or downloaded from https://www.cityofokeechobee.com/Agenda
Minutes-CityCouncil.html.
In addition to general items of discussion and consideration, a Public Hearing will be conducted to consider the
following proposed ordinances, which can be inspected in their entirety at https://www.cityof okeechobee.com/public-
notice.html or in the City Clerk's Office during normal business hours, Monday-Friday, 8:00 AM to 4:30 PM, excluding
holidays:
• ORDINANCE NO. 1272: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO THE
REGULATION OF THE OPERATION OF MOBILE FOOD DISPENSING VEHICLES (MFDV) WITHIN THE
CITY LIMITS, LAND DEVELOPMENT REGULATION TEXT AMENDMENT APPLICATION NO. 23-001-TA;
AMENDING PART II OF THE CITY CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE WITHIN
CHAPTER 14 BUSINESSES, BY SPECIFICALLY AMENDING ARTICLE VI MFDV, ALLOWING FOR
OPERATION OF MFDV AT HOUSES OF WORSHIP AND IN THE COMMERCIAL PROFESSIONAL OFFICE
(CPO), LIGHT COMMERCIAL (CLT), HEAVY COMMERCIAL (CHV), CENTRAL BUSINESS DISTRICT
(CBD), AND INDUSTRIAL (IND) ZONING DISTRICTS AND ALLOWING FOR OPERATION OF MFDV IN
CONJUNCTION WITH A TEMPORARY USE PERMIT; AND WITHIN CHAPTER 90 ZONING, BY
SPECIFICALLY AMENDING ARTICLE III DISTRICT AND DISTRICT REGULATIONS, ALLOWING FOR
MFDV AS A SPECIAL EXCEPTION USE IN THE CPO, CLT, CHV, CBD, IND, PUBLIC USE (PUB), AND
RURAL HERITAGE (RH) ZONING DISTRICTS AND ARTICLE IV, SUPPLEMENTARY DISTRICT
REGULATIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
First Reading Public Hearing, Final Public Hearing/Adoption tentatively scheduled for July 18, 2023. The Ordinance
addresses Land Development Regulation Text Amendment Application No. 23-001-TA relating to regulations for
Food Trucks within the City Limits.
• ORDINANCE NO. 1273: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND
MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING TO INDUSTRIAL; PETITION NO. 23-001-
R; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
The Ordinance considered for adoption addresses Rezoning Petition No. 23-001-R, submitted by Rene Griffith,
Registered Agent, for property owner Be A Man, Buy Land, LLC., to rezone 0.36+/- unplatted acres. The property is
a triangular-shaped vacant, unaddressed parcel, located contiguous to the West-side of the East City Limits
Boundary Line, North of the railroad tracks, and South of NE 12th AVE. The proposed use is outdoor storage.
• 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.
The Ordinance considered for adoption amends the process for requesting and granting Code Enforcement fine
reductions on properties in compliance.
BE ADVISED that should you intend to show any document, picture,video,or items to the Council in support or opposition to any item
on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. ANY
PERSON DECIDING TO APPEAL any decision made by the Council with respect to any matter considered at this meeting will need
to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will
be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate
in this proceeding should contact the City Clerk's Office in person or call 863-763-9814, Hearing Impaired: Florida Relay 7-1-1 no later
than four business days prior to proceeding.
By: Mayor Dowling R. Watford, Jr.
City Clerk Lane Gamiotea
NOTICE POSTED:6/6/23-BB/WEBSITE,6/13/23-SM