Okaloosa County BOCC — January 5, 2016 — Code Enforcement Ordinance including Nuisance Abatement Assessment Provisions 1-5-2016 — reading text

abatement assessment shall be at the sole discretion of the Board of County Commissioners. 11-608 APPEALS OF CODE ENFORCEMENT BOARD ORDERS. 1. An aggrieved party may appeal the final administrative order of the Code Enforcement Board to the Circuit Court. Any such appeal shall be filed within thirty (30) days of the execution of the order to be appealed. 2. Such an appeal shall be limited to appellate review of the record created before the Code Enforcement Board. 3. The appealing party shall be responsible for the preparation of a verbatim transcript. 11-609 DURATION OF LIENS No lien provided by this ordinance shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded unless, within that time, an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien affected by the commencement of the action shall not be effective against creditors or subsequent purchase for valuable consideration without notice, unless a notice of lis pendens is recorded. 11-610 VIOLATIONS AS MISDEMEANORS. Violations of County ordinances shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney and upon conviction shall be punishable by a fine not to exceed five hundred (500) dollars or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment. 12 11-611 LEGAL COUNSEL. If necessary, the Board of County Commissioners shall provide legal counsel to the Code Enforcement Board. 11-611 DISTRIBUTION OF FINES OR PENALTIES. Fines or penalties collected pursuant to this ordinance shall be remitted by the Clerk of Circuit Court to the Board of County Commissioners, for deposit in the Code Enforcement Fund and used to support the costs of the code enforcement program. 11-613 LIABILITY No officer, employee, or agent of the state or of any of its subdivisions shall be held personally liable in tort or named as a party defendant in any action for any injury or damage suffered as a result of any act, event, or omission of action in the scope of his employment of function, unless such officer, employee, or agent acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, such officer, employee, or agent shall be considered an adverse witness in a tort action for any injury or damage suffered as a result of an act, event or omission of action in the scope of his employment or function. The exclusive remedy for injury or damage suffered as a result of an act, event, or omission of an officer, employee, or agent of the state or any of its subdivisions or constitutional officers shall be by action against the governmental entity, or head of such entity in his official capacity, or the constitutional officer of which the officer, employee, or agent is an employee, unless such act or omission was committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. The state or its subdivisions shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of his employment or committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. 11-614 RELIEF Respondents shall be entitled to a hearing in front of the Code Enforcement Board for the purpose of receiving relief from enforcement in cases where a hardship or special conditions exist as determined by the Board. A fee to be determined to cover the cost of this action should be charged for such hearing. No fees shall be assessed if the case is dismissed. SECTION 4. CONFLICTS The provisions of this Ordinance shall supersede all Okaloosa County Ordinances, or parts thereof, in conflict herewith to the extent such conflicting ordinances, or parts thereof, regulate administrative adjustments. SECTION 5. SEVERABILITY If any provision of the Ordinance is declared invalid, all other provisions thereof shall remain in force and effect. SECTION 6. INCLUSION IN THE CODE OF ORDINANCES. It is intention of the Board of County Commissioners that the provisions of this Ordinance shall be included in the Code of Ordinances of Okaloosa County, Florida, and that any renumbering of the various sections is hereby authorized as necessary to achieve this directive. SECTION 7. EFFECTIVE DATE. This ordinance shall become effective as provided by law. PASSED AND DULY ADOPTED by the Board of County Commissioners of Okaloosa County, this ____ day of _____________, 2016. 13  BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA __________________________________ Charles K. Windes, Jr. Chairman ATTEST: __________________________________ J.D. Peacock, II, Clerk and Comptroller APPROVED FOR LEGAL SUFFICIENCY _______________________________ Gregory T. Stewart, County Attorney 14