Fort Walton Beach Ordinance — 2092--Code Enforcement Citations — reading text

READING 1st Pll 2nd MI n ORDINANCE 2092 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, GENERAL PROVISIONS, ADOPTING SECTION 1. 06 ENTITLED CODE ENFORCEMENT CITATIONS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Legislature of the State of Florida has, in Chapter 166 of the Florida Statutes, conferred upon local governments the authority to adopt regulations designed topromote the public health, safety, and general welfare of its citizenry; and WHEREAS, Chapter 162 of the Florida Statutes authorizes code enforcement officers to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the county court will hear the charge; and WHEREAS, in order to provide additional flexibility and efficiency inprocessing code enforcement cases in the City of Fort Walton Beach, the City Council finds it necessary to amend the Code of Ordinances to create a Code Enforcement Civil Citation Program. 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. Amendment of Chapter 1, General Provisions. 1. 06 CODE ENFORCEMENT CITATIONS 1. 06. 01 — Authority and Intent A) This article is adopted pursuant to F. S. Ch. 162, pt. II, as amended from time to time, as a supplemental means to assure compliance with City of Fort Walton Beach codes and ordinances. B) A code enforcement officer shall have authority to issue a citation pursuant to F. S. § 162. 21 or issue a notice of violation pursuant to F. S. Ch. 162, pt. 1 in order to gain code compliance.The issuance of a citation shall not preclude a code enforcement officer from also issuing a notice of violation on the violation. A code enforcement citation and notice of violation are separate processes and may both be utilized to gain code compliance. 1. 06. 02— Code enforcement officers A) All city code enforcement inspectors as defined in F. S. Ch. 162 and all law enforcement officers as defined in F. S. § 943. 10 shall serve as code enforcement officers under thissection and have the authority to enforce city codes through the issuance of citations. B) Training and qualifications for city code enforcement officers shall be established as necessary by the City Manager. 1. 06. 03 — Issuance of Citations A' A code enforcement officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the county court will hear the charge. B) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. C) A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. D) A citation issued by a code enforcement officer shall be in a form prescribed by the city and shall contain: 1. The date and time of issuance. 2. The name and address of the person to whom the citation is issued. 3. The date and time the civil infraction was committed. 4. The facts constituting reasonable cause. 5. The number or section of the code or ordinance violated. 6. The name and authority of the code enforcement officer. 7. The procedure for the person to follow in order to pay the civil penalty or to contest the citation. 8. The applicable civil penalty if the person elects to contest the citation. 9. The applicable civil penalty if the person elects not to contest the citation. 10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed or fails to appear in court to contest the citation, the person shall be deemed to have waived their right to contest the citation and that, in such case, judgement may be entered against the person for an amount up to the maximum civil penalty. E) After issuance of the citation to the alleged violator, the code enforcement officer shall: 1. Maintain the original in city files;  2. Retain one( 1) copy should the court adjudication process occur; and 3. Provide the alleged violator with one( 1) copy. 1. 06. 04— Amount of Penalties A) For violations of duly enacted city codes and ordinances, the City Council shall establish a civil penalty schedule and adopt is as part of the Comprehensive Fee Schedule. B) If the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible, each day such violation continues may be deemed a separate civil infraction. 1. 06. 05— Payment of Civil Penalty; Court Hearings A) Any person cited for a violation under this section may, within fourteen ( 14) days ofissuance: L Pay the civil penalty set forth in the Comprehensive Fee Schedule. 2. Contest the validity of the citation. B) If a person cited elects to pay the applicable civil penalty, the person shall be deemed to have admitted the infraction and waived a right to a hearing. C) If a person cited elects to contest the citation, the person shall request a court date before a county judge within fourteen( 14) calendar days after issuance of the citation. 1. A county judge, after a hearing on the citation, shall make a determination whether or nota violation of the code or ordinance cited has been committed. If a violation is found to have occurred, the county judge may order the person to correct the violation and may impose a civil penalty up to the maximum civil penalty plus all applicable costs of prosecution and legislative assessments, plus any applicable court costs. D) If a person cited fails to pay the applicable civil penalty within the time allowed or fails to appear in court to contest the citation, said person shall be deemed to have waived the right tocontest the citation, and judgement may be entered against the person for an amount up to themaximum civil penalty. E) Should the person cited willfully fail to comply with a court order to abate or correct the violation, the court, after due notice and hearing on the matter, may hold the violator in civil contempt and may enter an order to that effect. 1. 06. 06— Refusal to Sign Citation A) Any person who willfully refuses to sign and accept a citation issued by a code enforcement degree pursuant to F. S. 162. 21( 6). officer shall be guilty of a misdemeanor of the second B) If a person cited so refuses to sign the citation, the code enforcement officer shall write the words refused to sign" or any other words of similar meaning in the space provided for the person's signature and shall then leave a copy of the citation with the person cited, ifpossible. Section 3. Effective Date This ordinance shall take effect immediately upon approval on second reading by City Council and signature of the Mayor. Adopted: 7a1Nuar t 1\ 1 ao sz 1- 41144- 10(- -- J Richard A. Rynearson, ayor Attest: Approved for form, legal su os::;.--- ch f Y ) 2.A...."... i ? Lei/. ii- Kim . Barnes, City Clerk Haywar. tykes, Jr., Ci• •motto ' too wALrok i% Oar I9Ct FLORIOD, i