Fort Walton Beach Council agenda — 10-09-2007 workshop agenda — reading text

review. The code enforcement officer shall present the city' s case and all exhibits to the CEB at the public hearing. The respondent may present his side of the case and may request an extension of time to comply the violation. At the first hearing, the CEB determines if there is a violation and establishes a compliance date. If compliance with the CEB first Order is not met, the case is scheduled for a second hearing and service is again obtained. At the second hearing, the CEB, in a second Order, will establish the fine amount and has the option to set a new compliance deadline. If compliance is not met by the CEB deadline, the second Order, AKA Order II, shall be filed with the County and shall constitute a lien against the land. 3 of 4  If compliance is met before a Board hearing, but after the deadline established in the Notice of Violation, the case may still proceed to CEB for an Order~One- lncompliance. The rationale for this order, simply alerts the owner, that if the violation reoccurs, a fine shall immediately be assessed as a repeat violation. To determine if a case shall proceed, even though the violations have been complied, the CDS Director shall review the respondent' s violation history and past compliance history. For definition and enforcement procedure of a repeat violation see attached State Statute Sections 162. 04( 5) & 162. 06( 3), attached. The respondent may appeal the decision of the Code Enforcement Board to circuit court. ECONOMIC HARDSHIP: In extreme cases where the violator has an economic hardship, the CDS Director may provide assistance with the compliance of a minor violation. Non- profit groups such as World Changers, Habitat for Humanity or other church groups may be contacted to help with minor violations such as roof repairs, exterior painting, general maintenance, lawn work, etc. Contractors may also provide their services at no cost. This policy is not mandatory and the respondent is not obligated to accept the charitable contribution. NOTE: The above Standard Operating Procedures ( SOP) are predicated on Chapter 162; Fla. State Statutes requirements. See attached. 40f4 Statutes & Constitution : View Statutes: Online Sunshine Page 1 of 14 Select Year: II The 2007 Florida Statutes CHAPTER 162 COUNTY OR MUNICIPAL CODE ENFORCEMENT PART I LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS ( 55. 162. 01- 162. 13) PART II SUPPLEMENTAL COUNTY OR MUNICIPAL CODE OR ORDINANCE ENFORCEMENT PROCEDURES ( 55. 162. 21- 162. 30) PART I LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS 162. 01 Short title. 162. 02 Intent. 162. 03 Applicability. 162. 04 Definitions. 162. 05 Local government code enforcement boards; organization. 162. 06 Enforcement procedure. 162. 07 Conduct of hearing. 162. 08 Powers of enforcement boards. 162. 09 Administrative fines; costs of repair; liens. 162. 10 Duration of Lien. w wl.eg. state. fl. us/ statutes/ index. cfm? App _mode= Display _Statute& URL= ChO 162/...9/ 13/ 2007 http:// Statutes & Constitution: View Statutes: Online Sunshine. Page 2 of 14 162. 11 Appeals. 162. 12 Notices. 162. 125 Actions for money judgments under this chapter; limitation. 162. 13 Provisions of act supplemental. 162. 01 Short title.-- Sections 162. 01- 162. 13 may be cited as the " Local Government Code Enforcement Boards Act." History.-- s. 1, ch. 80- 300; s. n, ch. 81- 259; s. 1, ch. 82- 37. Note. --Former s. 166. 051. 162. 02 Intent.-- It is the intent of this part to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative flnes and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist. History.-- s. 1, ch. 80- 300; s. 2, ch. 82- 37; s. 1, ch. 85- 150; s. 1, ch. 86- 201; s. 1, ch. 89. 268. Note. --Former s. 166. 052. 162. 03 Applicability.-- 1) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided herein. 2) A charter county, a noncharter county, or a municipality may, by ordinance, adopt an alternate code enforcement system that gives code enforcement boards or special magistrates designated by the local governing body, or both, the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances. A special magistrate shall have the same status as an enforcement board under this chapter. References in this chapter to an enforcement board, except in s. 162. 05, shall include a special magistrate if the context permits. 2, ch. 80- 300; s. 3, ch. 82- 37; s. 2, ch. 86- 201; 1, ch. 87- 129; s. 2, ch. 89- 268; s. 2, ch. History.-- ss. 1, s. 99- 360; s. 63, ch. 2004- 11. Note. --Former s. 166. 053. 162. 04 Definitions.-- As used in ss. 162. 01- 162. 13, the term: Statute& URL= ChO www.leg. state. fl.us/ statutes/ index. cfm? App _mode= Display__ 162/... 9/13/ 2007 http:// Statutes & Constitution : View Statutes: Online Sunshine Page 3 of 14 1) " local governing body" means the governing body of the county or municipality, however designated. 2) " Code inspector" means any authorized agent or employee of tl1e county or municipality whose duty it is to assure code compliance. 3) " local governing body attorney" means the legal counselor for the county or municipality. 4) " Enforcement board" means a local government code enforcement board. 5) " Repeat violation" means a violation of a provision of a code or ordinance by a person who has been previously found through a code enforcement board or any other quasi- judicial or judicial process, to have violated or who has admitted violating the same provision within 5 years prior to the violation, notwithstanding the violations occur at different locations. Hbtory.-- s. 1, ch. 80- 300; s. 4, ch. 82- 37; s. 10, ch. 83- 216; s. 3, ch. 86- 201; s. 3, ch. 89- 268; s. 3, ch. 99- 360; s. 22, ch. 2001- 60. Note.-- Former s. 166. 054. 162. 05 Local government code enforcement boards; organization.-- 1) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body of a county or a municipality that has a population of less than 5, 000 persons may appoint five- member or seven- member code enforcement boards. The local governing body of a county or a municipality that has a population equal to or greater than 5, 000 persons must appoint seven- member code enforcement boards. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members. 2) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. Appointments shall be made in accordance with applicable law and ordinances on the basis of experience or interest in the subject matter jurisdiction of the respective code enforcement board, in the sole discretion of the local governing body. The membership of each enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. 3)(a) The initial appointments to a seven- member code enforcement board shall be as follows: 1. Two members appointed for a term of 1 year each. 2. Three members appointed for a term of 2 years each. 3. Two members appointed for a term of 3 years each. w w1.eg. state. fl.us/ statutes/index. cfm?App _mode= Display _Statute& URL= ChO 162/...9/ 13/ 2007 http:// Statutes & ConstitutIOn: View Statutes: Online Sunshine Page 4 of 14 b) The initial appointments to a five-member code enforcement board shall be as follows: 1. One member appointed for a term of 1 year. 2. Two members appointed for a term of 2 years each. 3. Two members appointed for a term of 3 years each. Thereafter, any appointment shall be made for a term of 3 years. c) The local governing body of a county or a municipality that has a population of less than 5, 000 persons may reduce a seven- member code enforcement board to five members upon the simultaneous expiration of the terms of office of two members of the board. d) A member may be reappointed upon approval of the local governing body. e) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chair, the enforcement board shall declare the member's office vacant, and the local governing body shall promptly fill such vacancy. f)The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards. 4) The members of an enforcement board shall elect a chair, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven- member enforcement board, and the presence of three or more members shall constitute a quorum of