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

or ordinances; penalties.-- 1) As used in this section, " code enforcement officerN means any designated employee or agent of a county or municipality whose duty it is to enforce codes and ordinances enacted by the county or municipality. 2) A county or a municipality may designate certain of its employees or agents as code enforcement officers. The training and qualifications of the employees or agents for such designation shaH be determined by the county Of the municipality. Employees or agents who may be designated as code enforcement officers may include, but are not limited to, code inspectors, law enforcement officers, animal control officers, or firesafety inspectors. Designation as a code enforcement officer does not provide the code enforcement officer with the power of arrest or subject the code enforcement officer to the provisions of S5. 943. 085- 943. 255. Nothing in this section amends, alters, or contravenes the provisions of any state- administered retirement system or any state- supported retirement system established by general law. 3)(a) A code enforcement officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to; believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and th.at the county court will hear the charge. b) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. 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 a repeat violation is found or 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. c) A citation issued by a code enforcement officer shall be in a form prescribed by the county or the municipality and shall contain: 1. The date and time of issuance. www. leg. state. fl. us/ statutes/ index.cfm?App _mode= Display _Statute& URL=ChO http:// 162/... 9/13/ 2007 Statutes & Constitution : View Statutes: Online Sunshine Page 12 of 14 2.. The name and address of the person to whom the citation is issued. 3. The date and time the civil infraction was committed. 4. The facts constituting reasonable cause. 5. The number or section of the code or ordinance violated. 6. The name and authority of the code enforcement officer. 7. The procedure for the person to follow in order to pay the civil penalty or to contest the citation. 8. The applicable civil penalty if the person elects to contest the citation. 9. The applicable civil penalty 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, the person shall be deemed to have waived his or her 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. 4) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with the county court. 5) A county or a municipality is authorized to enforce codes and ordinances under the provisions of this section and may enact an ordinance establishing procedures for the implementation of such provisions, including a schedule of violations and penalties to be assessed by code enforcement officers. If a county or municipality chooses to enforce codes or ordinances under the provisions of this section, each code or ordinance or the ordinance enacted by the county or municipality establishing procedures for implementation of this section shall provide: a) That a violation of a code or an ordinance is a civil infraction. b) A maximum civil penalty not to exceed $ 500. c) A civil penalty of less than the maximum civil penalty if the person who has committed the civil infraction does not contest the citation. d) For the issuance of a citation by a code enforcement officer who has reasonable cause to believe that a person has committed an act in violation of a code or an ordinance. e) For the contesting of a citation in county court. f) Such procedures and provisions as are necessary to provide for the enforcement of a code or an http:// w w.leg. state. f1. us/ statutes/ index.cfm?App _mode= Display _Statute& URL= ChO 162/... 9/ 13/ 2007 Statutes & Constitution : View Statutes: Online Sunshine Page 13 of 14 ordinance under the provisions of this section. 6) 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 s. 775. 082 or s. 775. 083. 7) The provisions of this part shall not apply to the enforcement pursuant to 55. 553. 79 and 553. 80 of the Florida Building Code adopted pursuant to s. 553.73 as applied to construction, provided that a building permit is either not required or has been issued by the county or the municipality. 8) The provisions of this section are additional and supplemental means of enforcing county or municipal codes or ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this section shall prohibit a county or municipality from enforcing its codes or ordinances by any other means. History.-- s. 11, ch. 89- 268; s. 7, ch. 94- 291; 5. 1444, ch. 95- 147; s. 3, ch. 96- 385; 5. 4, ch. 98- 287; s. 115, ch. 2000- 141; s. 35, ch. 2001- 186; s. 4, ch. 2001- 3n. 162. 22 Designation of enforcement methods and penalties for violation of municipal ordinances.-- The governing body of a municipality may designate the enforcement methods and penalties to be imposed for the violation of ordinances adopted by the municipality. These enforcement methods may include, but are not limited to, the issuance of a citation, a summons, or a notice to appear in county court or arrest for violation of municipal ordinances as provided for in chapter 901. Unless otherwise specifically authorized and provided for by law, a person convicted of violating a municipal ordinance may be sentenced to pay a fine, not to exceed $ 500, and may be sentenced to a definite term of imprisonment, not to exceed 60 days, in a municipal detention facility or other facility as authorized by law. History. --s. 1, ch. 94- 255. 162. 23 Notice to appear.-- 1) Notwithstanding s. 34. 07, a code enforcement officer, designated pursuant to s. 162. 21 ( 1) and ( 2), may issue a notice to appear at any hearing conducted by a county court if the officer, based upon personal investigation, has reasonable cause to believe that the person has violated a code or ordinance. A notice to appear means a written order issued by a code enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time. If a person issued a notice to appear under this section refuses to sign such notice, the code enforcement officer has no authority to arrest such person. 2) Prior to issuing a notice to appear, a code enforcement officer shall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no fewer than 5 days and no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the prescribed time period, a code enforcement officer may issue a notice to appear to the person who has committed the violation. A code enforcement officer is not http:// w w.leg. state. f1. us/ statutes/index.cfm?App _mode= Display _Statute& URL= ChO 1621... 9/ 13/ 2007 Statutes & Constitution: View Statutes: Online Sunshine Page 14 of 14 required to provide the person with a reasonable time period to correct the violation prior to issuing a notice to appear and may immediately issue a notice to appear if a repeat vioLation is found, or if the code enforcement officer has reason to believe that the vioLation presents a serious threat to the public heaLth, safety, or welfare or that the vioLator is engaged in violations of an itinerant or transient nature, as defined by LocaL code or ordinance within the jurisdiction, or if the vioLation is irreparabLe or irreversible. History.-- s. 1, ch. 96- 385; s. 7, ch. 99- 360. 162. 30 Civil actions to enforce county and municipal ordinances. --In addition to other provisions of law authorizing the enforcement of county and municipaL codes and ordinances, a county or municipaLity may enforce any violation of a county or municipal code or ordinance by filing a civil action in the same manner as instituting a civil action. The action shall be brought in county or circuit court, whichever is appropriate depending upon the relief sought. Counties and municipalities are authorized and required to pay any counsel appointed by the court to represent a private party in such action if the provision of counsel at public expense is required by the Constitution of the United States or the Constitution of the State of Florida and if the party is indigent as established pursuant to s. 27. 52. The county or municipality shall bear all court fees and costs of any such action, and may, if it prevails, recover the court fees and costs and expense of the court- appointed counsel as part of its judgment. The state shall bear no expense of actions brought under this section except those that it would bear in an ordinary civil action between private parties in county court. History.-- s~ 87, ch. 2003- 402. Copyright (!:) 1995- 2007 The Florida legislature. eIiYftcy Statement. ~ ontact Us Display _Statute& URL=ChO index.cfm?App_mode= www.leg. state. fl.us/ statutes/ 162/...9/ 13/ 2007 http:// 10. 91 Right-of- Way Protection 10. 91. 01 Purpose The purpose of this section is to ensure a safe and efficient traffic circulation system in the city by establishing righto- f- way widths for future transportation facilities and by prohibiting