Okaloosa County BOCC — January 5, 2016 — Code Enforcement Ordinance including Nuisance Abatement Assessment Provisions Strike-Through and Underline — reading text

has been provided to the alleged violator as provided in subsection B above, a hearing may proceed in the absence of the alleged violator. E. Each case before the Code Enforcement Board shall be presented by the County Attorney or by a member of the administrative staff of the County. If the County prevails in prosecuting a case before the Code Enforcement Board, it shall be entitled to recover all cost incurred in prosecuting the case before the board and such cost may be included in the lien authorized. F. All testimony shall be under oath and shall be recorded. The Code Enforcement Board shall take testimony from the Code Enforcement Officer and alleged violator and from such other witnesses as may be called by the respective parties. G. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern such proceedings. H. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the state. I. Any member of the Code Enforcement Board, may inquire of any witness before the Code Enforcement Board. The alleged violator, or his attorney, and the attorney representing the Code Enforcement Officer shall be permitted to inquire of any witness before the Code Enforcement Board and shall be permitted to present brief opening and closing statements. 9. Penalties, Nuisance Abatement Assessments, and Liens. A. At the conclusion of the hearing, the Code Enforcement Board shall issue findings of fact based on evidence in the record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted by Chapter 162, F.S., and by this Article, including the assessment of fines and penalties according to the schedule provided in section 11-606, above. The order shall be stated orally at the meeting and shall be reduced to writing and mailed to the alleged violator within ten (10) working days after the hearing. The finding shall be by motion, approved by a 9  majority of those present and voting; provided, however, that at least four (4) members of the Code Enforcement Board must vote in order for the action to be official. To expedite delivery of the order, the Code Enforcement Supervisor or Growth Management Director are authorized to sign the order. In cases involving Okaloosa Island leases and covenants, the findings of fact shall be sent to the Board of County Commissioners as a recommendation for action by the Board of County Commissioners. B. The Code Enforcement Board, upon finding that a previous order of the Code Enforcement Board has not been complied with by the time set, or upon finding that a repeat violation has been committed, may order (1) in the case of a first violation, the violator to pay a fine in an amount not to exceed two hundred fifty (250) dollars for each day the violation continues past the date set by the Code Enforcement Board’s order for compliance for a first violation, or (2) in the case of a repeat violation as defined in section 162.04(5), F.S., a fine in an amount not to exceed five hundred (500) dollars for each day the violation continues past the date of notice to the violator of the repeat violation. In addition, if the violation is as described in section 162.06(4), F.S., the Code Enforcement Board shall notify the Board of County Commissioners which may, at its sole discretion, make or cause to be made all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this Division. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for the issuance of the order imposing the fine. If, after due notice and public hearing the Code Enforcement Board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed five thousand (5,000) dollars per violation. C. A certified copy of an order imposing a fine shall be recorded in the public records of Okaloosa County and, thereafter, shall constitute a lien against the land on which the violation exists or upon any other real or personal property owned by the violator; and it may be enforced in the same manner as a court judgment by the Sheriff, including levy against the personal property, but shall not be deemed to be a judgment of a court except for enforcement purposes. If, after three (3) months from the filing of any such lien, the lien remains unpaid, the Code Enforcement Board may petition the Board of County Commissioners to authorize and direct the County Attorney to foreclose on the lien or sue for a monetary judgment. Nothing in this section shall abridge the constitutional or statutory protection extended to homestead property. In the case of Okaloosa Island, for a continuing violation of a lease agreement or a covenant, as determined by the Code Enforcement Board may recommend to the Board of County Commissioners that the lease between the leaseholder and the County shall be considered null and void and the property shall revert back to the County. D. Nuisance Abatement Assessments. (1) The County is hereby authorized to impose nuisance abatement assessments against properties in violation of the Okaloosa County Code of Ordinances that require the County to perform any work necessary to bring the property into compliance. Any costs incurred by the county, including all actual, administrative, and collection costs, may be assessed against the property as a special assessment pursuant to Florida law and, if not paid, may be collected as provided in this Division and 10 Florida Law. Under no circumstances shall any fines or penalties be included in such special assessment. a. When, in the opinion of a Code Enforcement Officer, there is a violation that presents a serious threat to public health, safety or welfare, the Code Enforcement Officer shall provide the owner with a written notice of violation ordering the owner to perform the necessary work to cure the violation within a specified time not to exceed ten (10) days. The notice shall provide the process through which the property owner can appeal the issuance of the notice, and shall specifically state that the property owner has ten (10) days from the issue date of the notice within which to request the appeal. b. In the event the owner fails to perform the necessary work or fails to contest the Code Enforcement Officer’s notice within the ten (10) day period, the matter shall be placed on the agenda of the next available meeting of the Code Enforcement Board which will consider the facts and determine whether it wishes to recommend that the Board of County Commissioners take action to abate the violation(s) and utilize the nuisance abatement assessment process. In the event the Code Enforcement Board does not send the issue to the Board of County Commissioners and utilize the nuisance abatement assessment process, it may pursue abatement of the violation(s) by the other methods as provided in this Article. If the Code Enforcement Board votes to forward the issue to the Board of County Commissioners, the matter shall be placed on the agenda of the next available, regularly-scheduled meeting. After consideration of the facts presented during the meeting, the Board of County Commissioners may authorize a designee, including a properly procured private contractor, to go upon the premises and perform the necessary work to abate the violation. Costs incurred in the performance of necessary work shall initially be paid by the county. The county’s costs of performing the necessary work, including all actual, administrative, and collection costs, may be assessed against the property as provided in this Article, section 197.3632, F.S., or any other method approved by the Board. c. A notice of the special assessment shall be provided to the property owner by certified mail return receipt requested at the address on record with the Okaloosa County Property Appraiser’s office specifying: (1) the violation that was repaired or abated, (2) the address and parcel identification number of the property, (3) the actual cost of the repair or abatement, (4) the amount of administrative costs, (5) a statement that if not paid in full or an appeal is not filed in writing with the County Administration office within thirty (30) days, a lien shall be recorded against the property, which lien shall be equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments, and (6) the date by which the cost of the repair or abatement must be paid. The only issue to be determined on appeal is whether or not the costs in the notice are the actual costs incurred by the county and/or if the notice describes the proper property and owners. d. If not appealed or paid after thirty (30) days of the notice, a final notice meeting the requirement outlined in subparagraph (c) above, shall be provided to the property owner. The final notice may be mailed by first class mail. 11  e. If not paid after thirty (30) days of the final notice, the county shall annually follow the procedures outlined in section 197.3632, F.S., to collect the actual costs of repairs or abatements, plus reasonable administrative and collection costs as a non-ad valorem assessment. In addition, a claim of lien for special assessment shall be recorded in the official records of Okaloosa County. The lien created shall be equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments. The lien created hereby shall accrue from date of repair or abatement at an interest rate equal to the amount of interest payable on a judgment lien pursuant to section 55.03, F.S., as it may be amended from time to time, until such time as the costs of repair or abatement are placed on the assessment roll. The lien created hereby shall bear, on its face, the rate of interest that is payable on the lien. The failure to bear the rate of interest on the lien shall not invalidate the lien. The rate of interest shall be established on the date the violation is repaired or abated by the county. (2) In order to eliminate blight and help preserve property values, the Code Enforcement Board is also authorized to recommend to the Board of County Commissioners abatement and the imposition of nuisance abatement assessments to facilitate the remediation of violations other than those meeting the criteria of section 162.04(5), F.S., that have remained un-remediated for a period of twelve (12) months or longer from the date of the Code Enforcement Board’s initial order. The process for the imposition and execution of nuisance abatement assessments for violations as described herein shall be as