Okaloosa County BOCC — December 1, 2015 — Code Enforcement Ordinance including Nuisance Abatement Assessment Provisions

ORDINANCE 15-____ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA REPEALING SECTIONS 11.03.00 THROUGH 11.03.11 OF THE OKALOOSA COUNTY LAND DEVELOPMENT CODE, ORDINANCE 91-01, AS AMENDED; PROVIDING FOR THE CREATION OF A NEW ARTICLE VI, CODE ENFORCEMENT, OF CHAPTER 11 OF THE CODE OF ORDINANCES OF OKALOOSA COUNTY, FLORIDA PROVIDING FOR CODE ENFORCEMENT PROCESSES, THE ESTABLISHMENT AND OPERATION OF THE CODE ENFORCEMENT BOARD, FINES, PENALTIES AND LIENS, DURATION OF LIENS, APPEALS, USE OF NUISANCE ABATEMENT ASSESSMENTS, DISTRIBUTION OF FINES AND PENALTIES COLLECTED, LIABILITY, AND RELIEF; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, pursuant to Chapter 162, Florida Statutes, the Board of County Commissioners of Okaloosa County (the “Board”) has the power to adopt Ordinances necessary for the exercise of its powers and to prescribe fines and penalties for the violation of Ordinances in accordance with law; and WHEREAS, the Board desires to protect the public health, safety, and welfare of the citizens of Okaloosa County and maintain a high quality of life for the citizens of Okaloosa County; and WHEREAS, the Board finds that, in order to better protect the health, safety and welfare of the citizens, it is necessary to re-organize the Code in order to provide more efficient implementation; and WHEREAS, the Board finds that is in the public interest to provide for the use of the uniform method of collecting non-ad-valorem assessments to recover the costs of abating code violations and nuisances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS, AS FOLLOWS: SECTION 1. SHORT TITLE. This ordinance shall be known and may be cited as the Okaloosa county Code Enforcement Ordinance of 2015. 1  SECTION 2. REPEAL OF SECTION 11.03.00 THROUGH SECTION 11.03.11 OF THE OKALOOSA COUNTY LAND DEVELOPMENT CODE. Section 11.03.00 through 11.03.11 of the Okaloosa County Land Development Code, {Ordinance 91-01, as amended) are hereby repealed in their entirety. SECTION 3. CREATION OF ARTICLE VI OF CHAPTER 11 OF THE CODE OF ORDINANCES OF OKALOOSA COUNTY, FLORIDA. The Board hereby creates a new Article VI of Chapter 11 of the Okaloosa Code of Ordinances, concerning Code Enforcement, to read as follows: Article VI CODE ENFORCEMENT 11-601 PURPOSE The purpose of this section is to promote, protect, and improve the health, safety, and welfare of the citizens of Okaloosa County by establishing processes for the abatement of nuisances and correction of violations of the various codes and ordinances in effect throughout the County. 11-602 VIOLATIONS GENERALLY 1. Any contravention of the provisions of any code or ordinance, including this Article, adopted by the Board of County Commissioners is hereby declared a violation and subject to the terms of this Chapter. 2. Interference with the officer attempting to enforce this Article, the Okaloosa County Land Development Code (Ordinance 91-01, as amended), or any other code or ordinance adopted by the Board of County Commissioners shall constitute a violation as well as any other criminal sanction which may be imposed. 3. Aesthetics alone shall not be a cause for which county officials shall act/enforce upon private property. The County shall enforce violations in cases where health, safety, and the general welfare are issues. 11-603 DEF