2024-09-11 Ex. 8, Item VI. B. • •
Exhibit 8
09/11/2024 CC
ORDINANCE NO. 1292 ���'�'t v�•g
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.
Ordinance No. 1292 Page 1 of 3
If applicable,language to be added is double underlined.
It applicable,language to be deleted is
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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 48-3918-40. - 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.
Ordinance No. 1292 Page 2 of 3
If applicable,language to be added is double underlined.
If applicable,language to be deleted is chuck through
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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: X
Council Member/Vice Mayor Clark: X
Council Member Jarriel: X
Council Member McAuley: X
Mayor Watford: X
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
If applicable,language to be added is double underlined.
If applicable,language to be deleted is struskthrough
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City of Okeechobee, Florida
Business Impact Estimate
Pursuant to §166.041 , Florida Statutes
Proposed ordinance's reference and title: Ordinance No. 1292
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.
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes
are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the
proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any
procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be
revised following its initial posting.
❑ The proposed ordinance is required for compliance with Federal or State law or regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue
sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to,
any Federal, State, local, or private grant or other financial assistance accepted by the municipal government:
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land
development regulation, including zoning, development orders, development agreements and
development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may
apply, the City hereby publishes the following information:
1. Summary of the proposed ordinance(must include a statement of the public purpose, such as serving the public
health, safety. morals and welfare):
The ordinance streamlines the existing code enforcement special magistrate hearing process to provide
more transparency and structure,thus promoting public safety.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the
City, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially
responsible; and
(c) An estimate of the City's regulatory costs, including estimated revenues from any new charges or fees
to cover such costs.
None.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance:
None.
4. Additional information the governing body deems useful (if any):
None.
See Section 166.041(4)(c), Florida Statutes.
Page 1 of 1
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Q//I/2oxq c.c_
S-hiQM VJ.8.
Lake Okeechobee News Exh,'i.b4's
a 14.1
kliDEPENDENT 313 NW 4th Avenue
Okeechobee, Florida 34972
863-763-3134
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
CITY OF OKEECHOBEE
PUBLIC NOTICE
Before the undersigned authority personally appeared CONSIDERATION OF ADOPTING A CITY ORDINANCE
Katrina Elsken Muros, who on oath says she is the Publisher of NOTICE IS HEREBY GIVEN that the City Council of the City of
Y lei chubee will conduct a Public Hearing on Wednesday,
theSeptember 11, b PM,or as soon thereafter possible,at
Lake Okeechobee News, a weekly Newspaper published
=.,y'all,55 SE 3rd AVE,A Rm 200,Okeechobee,FL,to consider
`.nal reading for adoption of the following Ordinance into law(No
in Okeechobee C unty l pr il , that the attache(d,copy of an 12921:
advertisement beinga u 4bj C I >p y 1 i- L C1 AN ORDINANCE OF THE CITY OF OKEECHOBEE,FLORIDA
AMENDING CHAPTER 18,ARTICLE II OF THE CODE OF
ORDINANCES AND IMPLEMENTING GUIDELINES AND
,, �i L\ �{ j _{ - �/►� PROCEDURES FOR CODE ENFORCEMENT SPECIAL
in the matter o t7s I ..cr fl� \A/�3L~J41*yY r y MAGISTRATE HEARINGS: REVISING ADMINISTRATIVE
J FEES AND AMENDING OTHER PROCEDURES TO ENSURE
THE EFFICIENT ENFORCEMENT OF THE PROVISIONS OF
•
THE CITY CODE; PROVIDING FOR CODIFICATION;
a G i s-uLWIDING FOR SEVERABILITY OF PROVISIONS;
C J YY K c REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
in the 19thiJudicial District of the Circuit Court of Okeechobee AND PROVIDING AN EFFECTIVE DATE.
County, Florida,was published in said newspaper in the issues of The public and interested parties are invited to attend
and be heard and may submit written/oral comments
before or at the meeting.
The proposed Crdinance can be inspected/viewed in its entirety
(8I a rg I a b.,, - t at the address above,Rm 100,during regular business hours,
•�1 C(// •Q�,(`.'TL Mon-Fri,8 AM-4:30 PM,except for hdidays,contact the Office of
the City Clerk staff at 863-763.9814.It will be posted online one
week prior to inc Public Hearing date, with the City Council
Affiant further says that the said Lake Okeechobee News is a agenda materials on the City website at https://www cityofokee
chobee.coin/AgendaM Inutes-CityCouncil.html.
newspaper published at Okeechobee,in said Okeechobee County, As required by Flonda Statute 166041(4)(cj, the Business
Florida, and that said newspaper has heretofore beenpublished Impact Esnmate is posted to the City website as of August 28,
2024 It can be viewed at https.//cityofokeechobee
continuously in said Okeechobee County, Florida each week and .confpublo-notte.bonl.
has been entered as second class mail matter at the ost office in �rBE ADVISED that should you intend toshow any dpcumentr
p ture, video, or City items [c the CityCourcil in support or
Okeechobee, in said Okeechobee County, Florida, for a period of p°push°"to, 'ten,on the agenda,a oapy of the erkdo for he
picture,video,or item must be provided to the City Clerk for the
City's ,eco,ds. ANY PERSON DECIDING TO APPEAL any
one year next preceding the first publication of the attached copy decision made by the City Council with respect to any matter
considered at this meeting will need to ensure a verbatim record
of advertisement, and affiant further says that she has neither of the proceeding is made and the record includes the testimony
and evidence upon which the appeal will be based.In accordance
paid nor promised any person, firm or corporation any discount, with the Americans with Disabilities Act,persons with disabilities
needing special accommodation to participate in this proceeding
purpose rebate, commission or refund for theof securing this should contact the City Clerk's Office in person or call
863-763-9815, Hearing Impaired: Florida Relay 7-1-1 no later
advertisement for publication in the said newspaper. than four business days prior to proceeding.
50:City Clerk Lane Gamiotea,CMC
5025 ION 8/28,8r2024
Katrina Elsken Muros •
Sworn to and subscribed before me by means of-,/physical
presence or_online notarization,this
4it" day of i �� OI L1 AD
Notary Public,State of Florida at Large
1