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

any five- member enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mfleage, and per diem expenses as may be authorized by the local governing body or as are otherwise provided by law. 5) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities. History.-- s. 1, ch. 80- 300; s. 5, ch. 82- 37; s. 4, ch. 86- 201; s. 2, ch. 87- 129; s. 4, ch. 89- 268; s. 1, ch. 94- 291; s. 1441, ch. 95- 147. Note.-- Former s. 166. 055. 162. 06 Enforcement procedure.-. 1) It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings. w w.leg. state. t1. us/ statutes/ index. cfm? App _mode~ Display _Statute& URL= ChO 162/... 9/13120 7 http:// Statutes & Constitution: View Statutes: Online Sunshine Page 5 of 14 2) Except as provided in subsections ( 3) and ( 4), if a violation of the codes is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify an enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in s. 162. 12 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in s. 162. 12. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state. 3) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonabte time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to s. 162. 12. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. If the repeat violation has been corrected, the code enforcement board retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and Pay said costs as determined by the code enforcement board. 4) If the code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing. 5) If the owner of property that is subject to an enforcement proceeding before an enforcement board, special magistrate, or court transfers bwnership of such property between the time the initial pleading was served and the time of the hearing, such owner shall: a) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee. b) Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor. c) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the appUcable code and with orders issued in the code enforcement proceeding. d) File a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer. A failure to make the disclosures described in paragraphs ( a), ( b), and ( c) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall http:// w w.leg. state. fl. us/ statutes/ index. cfm?App _mode= Display _Statute& URL= ChO 162/... 9/13/ 2007 Statutes & Constitution: View Statutes: Online Sunshine Page 6 of 14 not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. History.-- s. 1, ch. 80- 300; s. 5, ch. 86- 201; s. 1, ch. 87- 391; s. 5, ch. 89- 268; s. 2, ch. 94- 291; s. 1442, ch. 95- 147; s. 2, ch. 96- 385; s. 4~ ch. 99- 360; s. 64, ch. 2004- 11. Note. --Former s. 166. 056. 162. 07 Conduct of hearing.-- 1) Upon request of the code inspector, or at such other times as may be necessary, the chair of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of a seven- member enforcement board or signed by at least two members of a five- member enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing body shall provide clerical and administrative personnel as may be reasonably required by each enforcement board for the proper performance of its duties. 2) Each case before an enforcement board shall be presented by the local governing body attorney or by a member of the administrative staff of the local governing body. If the local governing body prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the Lien authorized under s. 162. 09( 3). 3) An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and aLLeged violator. Format rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. 4) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein. The finding shall be by motion approved by a majority of those members present and voting, except that at least four members of a seven- member enforcement board, or three members of a five- member enforcement board, must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions specified in s. 162. 09( 1), the cost of repairs may be included along with the fine if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance. http:// w wl.eg. Display _Statute& URL= ChO state. fl. us/ statutes/ index. cfm?App_ mode= 162/... 9/ 13/ 2007 Statutes &, Constitution: View Statutes: Online Sunshine Page 7 of 14 History.-- s. 1, ch. 80- 300; s. 6, ch. 82- 37; s. 44, ch. 83- 217; s. 6, ch. 86- 201; s. 6, ch. 89- 268; s. 3, ch. 94- 291; s. 1443, ch. 95- 147; s. 2., ch. 95- 2.97. Note. -- Former s. 166. 057. 162. 08 Powers of enforcement boards.-- Each enforcement board shall have the power to: 1) Adopt rules for the conduct of its hearings. 2) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the sheriff of the county or police department of the municipality. 3) Subpoena evidence to its hearings. 4) Take testimony under oath. 5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. History.-- s. 1, ch. 80- 300; s. 7, ch. 82- 37; s. 7, ch. 86- 201; s. 7, ch. 89- 268. Note. -- Former s. 166. 058. 162. 09 Administrative fines; costs of repair; liens.-- 1) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the enforcement board for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector_ In addition, if the violation is a violation described in s. 162. 06( 4), the enforcement board shall notify the local governing body, which may make 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 section. Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed in good faith. 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 issuance of the order imposing the fine. If, after due notice and hearing, a code enforcement board finds a violation to be irreparable or irreversibte in nature, it may order the violator to pay a fine as specified in paragraph 2)(a). 2)(a) A fine imposed pursuant to this section shall not exceed $ 250 per day for a first violation and shall not exceed 5500 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant