Fort Walton Beach Ordinance — 2183--Creatting COO Section 1.05.09 Personal Serve Req for Spec Mag — reading text

READING BATE lot b /D o ORDINANCE 2183 2nd AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, CREATING SECTION 1. 05. 09, CODE OF ORDINANCES TITLED PERSONAL SERVICE REQUIREMENTS FOR CERTAIN SPECIAL MAGISTRATE HEARINGS; PROVIDING ALTERNATIVE SERVICE METHODS WHEN PERSONAL SERVICE CANNOT BE EFFECTUATED; PROVIDING PROCEDURAL REQUIREMENTS FOR SERVICE PROOF AT HEARINGS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY AND INTENT The authority for enactment of this ordinance is pursuant to the powers vested in the City by Home Rule Authority of Section 166. 021( 1) of the Florida Statutes, the provisions of Chapter 162 of the Florida Statutes, and the City Charter. SECTION 2. FINDINGS OF FACT. WHEREAS, during the course of the 2023 and 2024 calendar years, the City Council had multiple code enforcement lien foreclosure requests presented to the City Council wherein the Respondents claimed that the first time they ever received any notice of any code enforcement action was when the request was placed on the City Council meeting agenda which then spurred members of the public to contact the Respondents; WHEREAS, the City Council directed the City Attorney to work with staff to develop an ordinance that provides more due process to Respondents in Code Enforcement proceedings to ensure that Respondents are put on notice that a request to foreclose on a Code Enforcement Lien is being presented to the City Council; WHEREAS, after conferring with Code Enforcement Staff, it was determined that the most efficient balance between additional due process, costs to the City, and procedural fairness would be to require personal service with a process server only prior to the hearing required per statute, wherein the Special Magistrate authorizes a code enforcement lien to be foreclosed on. WHEREAS, a public hearing has been conducted by the City Council after due public notice. SECTION 3. CREATING SECTION 1. 05. 09 OF THE FORT WALTON BEACH CODE OF ORDINANCES TITLED PERSONAL SERVICE REQUIREMENTS FOR CERTAIN SPECIAL MAGISTRATE HEARINGS. 1. 05. 09. Service Re uirements for Certain Special Magistrate Hearin s.  1. 05. 091. Whenever the City of Fort Walton Beach seeks authorization from the Special Magistrate to foreclose on a Code Enforcement lien notice of the hearing wherein such rgquest shall be presented to the Special Magistrate shall be served upon the Res ondent b ersonal service using a licensed 12rocess server authorized to work in the First Judicial Circuit. 1. 05. 092. If personal service cannot be effectuated after diligent efforts by the process server, the City shall both: a Attempt to provide notice by certified mail return receipt requested, to the last known address of the Respondent; and b) Post the notice conspicuously on the property subject to the lien at least ten G0 days prior to the scheduled hearing. 1. 05. 093. At the foreclosure authorization hearing before the Special Magistrate, if the Resl2ondent or Respondent' s re resentative fails to a ear the Code Enforcement Officer shall submit into the record: a The Affidavit of Diligent Search completed by the Process Server-, b) Proof of certified mail return receipt or attempted delivery); and c) Proof of Posting on the subject property. 1. 05. 094. The Special, Magistrate shall review the evidence presented pursuant to Section 1. 05. 093, as well as the testimony provided by the Code Enforcement Officer, to determine whether the Respondent received sufficient service and was afforded due 12rocess. The determination of the Special Magistrate shall be final and bindin& SECTION 4. EFFECTIVE DATE This ordinance shall take effect immediately upon approval on second reading by Citv Council and signature of the Mavor.