Okaloosa County BOCC — December 15, 2015 — Code Enforcement Ordinance Rosetta Stone (2) — reading text

Proposed Ordinance Existing Code Comments 11-601 PURPOSE The purpose of this section is to The existing code does not state the purpose of promote, protect, and improve the health, safety, and the County’s code enforcement function. The welfare of the citizens of Okaloosa County by Code Enforcement Article should include a establishing processes for the abatement of statement as to its purpose. 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 The existing Code does not include this general code or ordinance, including this Article, statement 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 The existing Code does not include this general Land Development Code (Ordinance 91-01, statement 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 Aesthetics alone shall not be a case where county Currently found in section 11.03.10.2 as part of a which county officials shall act/enforce upon officials shall act/enforce upon private property larger statement; added per BCC discussions. private property. The County shall enforce without a complaint. violations in cases where health, safety, and the general welfare are issues. 11-603 DEFINITION OF CODE ENFORCEMENT Section 11.03.02 As used in this section, "code Currently located under the “Code enforcement OFFICER Code enforcement officer shall mean an enforcement officer" means any designated procedure section. This is not a procedure, it’s a agent or employee of Okaloosa County appointed employee or agent of Okaloosa County whose duty definition generally applicable throughout the and authorized to enforce and insure compliance with it is to enforce codes and ordinances. ordinance. the ordinances of Okaloosa County as provided herein and section 162.21, F.S. 11-604 ENFORCEMENT RESPONSIBILITY The 11.03.01 Jurisdiction The code The current code does not provide a clear Code Enforcement Division of the Okaloosa County enforcement board shall have jurisdiction to hear delineation of which codes the Code and decide alleged violations of all codes and Enforcement Division is responsible for Growth Management Department shall be the ordinances in force in the county, including, but primary agency responsible for enforcing the codes enforcing. However, the existing language does not limited to the Okaloosa County Land and regulations enumerated below. Nothing herein Development Code, Ordinance No. 91-1, as enumerate various sections as being under the shall be construed to preclude the Code Enforcement amended, and: Code Enforcement Board’s jurisdiction, so Division, Okaloosa County Sheriff’s Department, or 11.03.01 is included here. the Florida Department of Health and their respective agents or representatives from providing mutual assistance as necessitated by the circumstances of an alleged violation. 1. The Code Enforcement Division shall be the primary agency responsible for enforcing the following codes and regulations: A. The Okaloosa County Land Development The land development code is referenced in the Code (Ordinance 91-01, as amended); jurisdiction statement B. Okaloosa County Construction Industry The proposed language identifies the Chapter of Licensing as provided in Chapter 6 of the County 1.Okaloosa County Construction Industry the County Code containing the licensing codes Code Licensing; Article III Chapter 11 includes Nuisance and C. Article III of Chapter 11 of the County Code 2.Litter and nuisance control; Litter as adopted and as may be subsequently amended; Sections C and D were combined on draft D. The Protective Covenants and Restrictions forwarded to BCC; this is a typo for Okaloosa Island as provided in Chapter 75-456 of the Laws of Florida; 3.Signs; Signs are Chapter 8 of the Land development Code and do not need to be separately E. The Florida Building and Life Safety Codes referenced. in conjunction with the Okaloosa County Building 4.Building code ordinances; Official and Inspections Division. The provisions of this part shall not apply to the enforcement pursuant Proposed E incorporates existing 4 and 5, but to sections 553.79 and 553.80 of the Florida Building 5.Building permit and other permit clarifies that Code Enforcement Officers cannot Code adopted pursuant to section 553.73 as applied requirements; enforce the technical requirements of the Florida to construction, provided that a building permit is Building Code. either not required or has been issued by the county or the municipality.  Proposed F is New language added as a result of the passage of Ordinance 12-25 which F. Section 21-65, Nuisance Vehicles, of Article provides, among other things: “The Okaloosa IV of Chapter 21 of the Code of Ordinances of County Sheriff's Office shall enforce section 21- Okaloosa County, Florida. 64, abandoned vehicles; the Okaloosa County Code Enforcement Division shall enforce section 21-65, nuisance vehicles. Nothing herein shall preclude the sheriff's office or Okaloosa County Code Enforcement from rendering aid to the other in the enforcement of this article, and the various departments under the Okaloosa County Board of County Commissioners are authorized and directed to assist the sheriff's office and code enforcement as needed.” 6.Leases and restrictive covenants for Now 11-604.1.D Okaloosa Island; and The existing provision relates solely to a function 7. The code enforcement board shall also hear appeals concerning interpretation of this of the Code Enforcement Board, not an area of ordinance regarding construction matters with responsibility of staff; therefore, it is not included the exception of the fire code ordinance by in Section 11-604. However, equivalent any person aggrieved by any decision of the language appears in proposed section 11-607.6 administrative official as specified in section B. and D. Also, there are already a Construction 11.02 of this ordinance. The procedure for the Board of Adjustment and Appeals and a Fire above appeals shall be as specified in section 11.02.06 of this ordinance. Code Board to settle interpretive disputes of those codes. 2. Complaints shall be investigated upon receipt of a notice via the citizen request for service 11.03.10. - Complaints. Any citizen who has The proposed language simplifies the complaint system or in a form that includes legible name, knowledge of a violation of this ordinance or any