2024-08-20 V.D. Ex.5 • •ibit 5
08/20/2024
ORDINANCE NO. 1292 1.4tni Y b.
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING
CHAPTER 18, ARTICLE II OF THE CODE OF ORDINANCES AND
IMPLEMENTING GUIDELINES AND PROCEDURES FOR CODE ENFORCEMENT
SPECIAL MAGISTRATE HEARINGS; REVISING ADMINISTRATIVE FEES AND
AMENDING OTHER PROCEDURES TO ENSURE THE EFFICIENT
ENFORCEMENT OF THE PROVISIONS OF THE CITY CODE; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Chapter 162 of the Florida Statutes permits municipal code enforcement programs to be
administered using a Special Magistrate to handle Code Enforcement Proceedings; and
WHEREAS, the City Council for the City of Okeechobee has determined it is in the public's best
interest to enact provisions ensuring that participants in a Special Magistrate Proceeding are
provided with reasonable opportunities to be heard in a Public Hearing forum that is consistent
and provides due process to all participants; and
WHEREAS, other nearby jurisdictions, which are similarly situated, have also implemented standard
procedures to carry out Special Magistrate Hearings to ensure the administration of Code
Enforcement Hearings in the most fair, efficient, and equitable manner; and
WHEREAS, in an effort to prevent any unnecessary delay to the adjudication of Code Enforcement
matters, the City Council for the City of Okeechobee finds that certain procedures must be
established to maximize efficiency of these proceedings; and
WHEREAS, it is in the best interests of the City of Okeechobee and its residents to institute 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
amendments 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: RECITALS ADOPTED.
The foregoing "whereas" clauses are incorporated herein as legislative findings by this
reference and made a part hereof for all intents and purposes.
SECTION 2: CODE AMENDED.
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 Procedure as follows:
Amend Section 18-32. —Definitions, adding a definition for Alleged Violator as follows:
Alleged Violator means a party who has been cited with a violation of a provision of the
Code of Ordinances of Okeechobee, Florida.
Amending Section 18-39. — Fine Reduction Request Process to be renumbered as
Section 18-40.Then adding a new Section 18-39"Code Enforcement Hearing Guidelines"
as follows:
Section 18-39.—Code Enforcement Hearing Guidelines.
To achieve uniformity and fairness through the administration and adjudication of Code
Enforcement Hearings, the City of Okeechobee will observe and follow the listed
procedures. to the extent possible:
(a) Both the City and Alleged Violator shall have opportunities to present evidence and
cross-examine same at a duly noticed Hearing, and at the conclusion of testimony at
such a hearing, the record shall be closed, and no further evidence will be accepted.
Hearings shall adhere to the following format:
(1) The case shall be called by the Special Magistrate.
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(2) The City shall first present its case, along with any evidence and/or witnesses
necessary for the presentation of the case.
(3) At the conclusion of the presentation of the City's case, the City shall enter its
complete case file into evidence.
(4) The Alleged Violator shall then present its response, along with any evidence
and/or witnesses,which may form a rebuttal or the basis of defense to a violation.
(5) At the conclusion of the presentation of the Alleged Violator's case, the Alleged
Violator shall enter his/her complete case into evidence.
(6) It shall be within the Special Magistrate's discretion to allow cross-examination
by either the City or the Alleged Violator, following the presentation from both
sides.
(7) Where the Special Magistrate deems necessary, the City and Alleged Violator
shall be afforded an opportunity to provide closing statements, at the conclusion
of examination of witnesses.
(8) At the conclusion of all testimony, the record shall be closed, and the Special
Magistrate may ask questions of both the City and the Alleged Violator.
(9) The Special Magistrate shall then enter a ruling. The Special Magistrate's ruling
shall be solely based on the evidence presented at the Hearing as to whether the
Alleged Violator has violated the City's Code of Ordinances.
(b) In the interests of time and resources, Hearings shall not be scheduled or proceed for
multiple days, except in extenuating circumstances and only upon the agreement of
the City and Alleged Violator.
(c) Where a violation prompts the scheduling of a Hearing, and the Hearing proceeds as
scheduled, an administrative fee shall be assessed.
(d) Where an Alleged Violator is represented by legal counsel, or another individual who
is not an interested party, the representative shall file a Power of Attorney with the
City Clerk, in advance of the Hearing.
(e) At the conclusion of a duly noticed Hearing, where testimony from both sides has
been taken, and such testimony concludes, the Special Magistrate shall enter an
order, which shall indicate an outcome of the duly noticed Hearing.
Section 18 3918-40. - 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.
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(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.
SECTION 3: ENFORCEMENT.
That specific authority is hereby granted to codify and incorporate this Ordinance in the
existing Code of Ordinances of the City of Okeechobee.
SECTION 4: CONFLICT.
That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5: INCLUSION IN THE CODE.
That if any section, subsection sentence, clause, phrase of this Ordinance, or the particular
application thereof shall be held invalid by any court, administrative agency,or other body with
appropriate jurisdiction, the remaining sections, subsections, sentences, clauses, or phrases
under application shall not be affected thereby.
SECTION 6: SEVERABILITY.
That this Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final Public Hearing on this 20th day of August 2024. Roll
Call Vote:
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
PASSED AND ADOPTED after second reading and final Public Hearing this 11th day of September
2024. Roll Call Vote:
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, City Attorney
Ordinance No. 1292 Page 3 of 3
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