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

period, a Code Enforcement Officer may issue a citation and may notify the Code Enforcement Board and request a hearing pursuant to the procedure set forth herein. 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 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. B. The citation issued by the Code Enforcement Officer 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 civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or section of the code or ordinance violated. (7) The name and authority of the Code Enforcement Officer. (8) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (9) The applicable civil penalty that 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, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. C. After issuing the citation to the alleged violator, the Law Enforcement Officer and/or Code Enforcement Officer shall deposit the original citation and one copy of the citation with the County Court. D. The maximum civil penalty shall be five-hundred dollars ($500) if the person elects to contest the violation. E. The civil penalty for a person who elects not to contest the citation shall be in accordance with the schedule provided in Section 6-147, below. F. Any person who willfully refuses to sign and accept a citation issued by a Code Enforcement Officer shall be guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes. G. The act for which the citation is issued shall be ceased upon receipt of the citation and the person charged with the violation shall elect either to correct the violation and also pay the civil penalty in the manner indicated on the citation, or within ten (10) days of receipt of the citation apply to the County Court and receive a court date. H. Each day a willful, knowing violation continues shall constitute a separate offense under the provisions of this subsection. 5 11-606 FEES, FINES, AND PENALTIES 1. Failure to purchase proper permits prior to beginning construction of any structure: $200.00. 2. Unlicensed persons doing work or advertising or any other violations of Sections 489.101 through 489.134, 489.501 through 489.539, and 489.551 through 489.559, Florida Statutes, for any work in any trade fields which require a license; or aiding or abetting an unlicensed activity as described herein: $2,000.00. 3. Failure to identify commercial vehicle: $150.00. 4. Failure to comply with receptacle requirements for construction and demolition sites: $100.00. 5. Failure to remove construction and demolition debris: $250.00. 6. Burying waste on public or private property: $100.00. 7. Discarding, placing, dropping etc., litter on public or private property, highways, streets, rights-of-way, or bodies of water: $500.00. 8. Accumulation of litter or refuse on construction or demolition site: $75.00. 9. Failure to maintain backflow device: $100.00. 10. Removal of backflow device from potable water system: $250.00. 11. Failure to comply with requirements for connection to public sewer or public water: $100.00. 12. Unpermitted discharge of drainage, waters, or wastes into public sewer: $250.00. 13. Failure to maintain on-site sewage disposal system: $100.00. 14. Failure to comply with requirements for disposal of septage: $250.00. 15. Pollution of waters: $150.00. 16. Depositing, storing, or maintaining solid waste on residential or nonresidential property: $150.00. 17. Failure to remove litter or rubbish from property: $250.00. 18. Failure to comply with commercial receptacle requirements: $75.00. 19. Failure to maintain commercial property: $75.00. 20. Any other violation of Ordinance 91-1, as amended: $100.00 21. Failure to comply with a stop work order or correction notice: $250.00. 22. Failure to install erosion control measures prior to undertaking land clearing, grading, or filling operations: $250 11-607 CODE ENFORCEMENT BOARD. 1. Generally. Pursuant to Chapter 162, F.S., there is hereby created a Code Enforcement Board of Okaloosa County, Florida, which shall consist of seven (7) members appointed by the Board of County Commissioners. All members shall be residents of Okaloosa County and shall serve without compensation. While it shall be the duty of the Code Enforcement Board to hear alleged violations of the various County Codes and Ordinances and to decide appropriate remedial actions and penalties, no member of the Code Enforcement Board shall have the power to bring an enforcement action to the Code Enforcement Board. 6 2. Membership. The membership of the Code Enforcement Board shall be made on the basis of experience or interest in the subject matters of the ordinances to be enforced and shall, whenever possible, include: A. An architect; B. A businessman; C. An engineer; D. A general contractor; E. A subcontractor; F. A Realtor; and G. A citizen. 2. Term of Office. Each term shall be for a period of three (3) years. However, at the end of his or her term, a member shall continue to serve until re-appointed or the vacancy is filled. A member may be reappointed by the Board of County Commissioners for successive terms. Appointments to fill any vacancy on the Code Enforcement Board shall be for the remainder of the unexpired term of office. A. If any member of the Code Enforcement Board fails to attend two (2) of three (3) successive meetings without cause and without prior approval of the chairman, the Code Enforcement Board may declare the member’s office vacant, and the vacancy shall be filled by appointment by the Board. B. Members of the Code Enforcement Board may be suspended and removed from office by the Board of County Commissioners. 3. Officers. At the first meeting of the Code Enforcement Board in each year, the members shall elect a chairman and a vice-chairman from among the board members. The presence of four (4) or more members shall constitute a quorum of the Code Enforcement Board necessary to take action. 4. Meetings. Regular meetings of the board shall occur as often as necessary. Special meetings of the Code Enforcement Board may be convened by the chairman upon giving reasonable notice to each of the members of the board. 5. Minutes and Record-keeping. Minutes, in summary form and not verbatim, shall be maintained of all meetings and hearings held by the Code Enforcement Board, and all meetings, hearings, and proceedings shall be open to the public. The Growth Management Department, as well as other departments as needed, shall provide clerical and administrative support to the Code Enforcement Board as may be reasonably required for the proper performance of its duties. 7 6. Jurisdiction. The Code Enforcement Board shall have jurisdiction to hear and decide alleged violations of the following codes and ordinances in force throughout the unincorporated area of in the County and in those incorporated areas with which the County has entered into Interlocal Agreements granting enforcement authority to the County: A. Okaloosa County Land Development Code (Ordinance 91-01, as amended) B. Okaloosa County Construction Industry Licensing as provided in Chapter 6 of the County Code as may be amended; C. Article III of Chapter 11 of the County Code as adopted and as may be subsequently amended;; D. Building Code Requirements, Building Permits, and other permit requirements as provided in Chapter 6 of the County Code as may be amended; and E. The Protective Covenants and Restrictions for Okaloosa Island as provided in Chapter 75-456 of the Laws of Florida. F. Section 21-65, Nuisance Vehicles, of Article IV of Chapter 21 of the Code of Ordinances of Okaloosa County, Florida. 7. Powers. The Code Enforcement Board shall have the power conferred by Chapter 162, Florida Statutes, including the power to: A. Adopt rules for the conduct of its hearings; B. Subpoena alleged violators and witnesses to its hearings; C. Subpoena records, surveys, plats, and other documentary evidence; D. Take testimony under oath; E. Establish and levy fines pursuant to Section 2-146, above; and F. Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance as provided in this Article. 8. Conduct of Hearings. A. The chairman of the Code Enforcement Board may call hearings of the board, and hearings may also be called by written notice, signed by at least three (3) members of the Code Enforcement Board. The Code Enforcement Board, at any hearing, may set a future hearing date. B. Upon scheduling of a hearing, the Code Enforcement Board shall cause notice to be furnished to the alleged violator. Such notice of hearing shall contain the date, time and place of the hearing and shall state the nature of the violation and reference to the appropriate code, ordinance or covenant. 8  C. During the hearing, the burden of proof shall be upon the Code Enforcement Officer to show by a preponderance of the evidence that a violation does exist. D. Once proper notice of the hearing 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