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

process, and recognizes that: 1) the existing signature, address or any other means wherein the other county ordinance may file a notarized code does not absolutely require the filing of an complainant is identifiable. Except as may be affidavit of complaint using the form provided by affidavit, and that the essential requirement is provided in law, all complaints and associated the department of growth management. The that the complainant can be identified. It also affidavit can be mailed, faxed, or hand delivered, information are a matter of public record and shall recognizes that the County has established the and shall be filed with the county department be available upon request. having administrative jurisdiction over the alleged  violation such as the department of growth citizen request for service process which fulfills management, public works department, or water the same documentation requirement. and sewer department. Okaloosa County Sheriff's Department is the enforcement agency for abandoned vehicles. 1. Complaints from citizens or a legitimate business shall be investigated upon notice in a form that includes legible name, signature, address or any other means where the complainant is identifiable. This is in lieu of the required notarized affidavit. 2. Investigations should be as a result of an identifiable complainant as prescribed above. Aesthetics alone shall not be a case where county officials shall act/enforce upon private property without a complaint. The county shall enforce violations in cases where health and safety are issues. The county shall provide the respondent with a copy of the alleged affidavit of complaint. 3. Plaintiffs shall be entitled to a hearing in Relocated to 11-614. front of the code enforcement board for the purpose of receiving relief from enforcement in cases where a hardship or special conditions exist as determined by the board. A fee to be determined to cover the cost of this action should be charged for such a hearing. No fees shall be assessed if the case is dismissed. 11-605 ENFORCEMENT PROCEDURES 1. Code enforcement actions shall be as provided in Florida Statutes including but not The existing code does not cite the statutes from limited to Chapters 125 and 162. which code enforcement authority is derived. 2. Enforcement Procedure for Code Enforcement Board A. Except as provided in subsections C and D, While the existing code includes a process for below, if a code violation is found, the Code the issuance of citations, it does not provide a Enforcement Officer shall provide the violator a process for taking alleged violations to the Code written Notice of Violation that includes a Enforcement Board. This is significant since the reasonable time to correct the violation. Notices of Violation shall be delivered or mailed to the violator code enforcement board and citation processes as provided in section 162.12, F.S. The Notice of are enabled by two separate parts of Chapter Violation shall at a minimum include: 162, Florida Statures; further, as provided in Part II of Chapter 162, citations are taken to court, not (1) The date and time of issuance. the Code Enforcement Board. (2) The name and address of the person to whom the Notice is issued. The process provided in the proposed ordinance (3) The date and time the violation was complies with the requirements of Part I of observed. (4) The facts constituting reasonable cause. Chapter 162 and reflects the process that has (5) The numbers or sections of the code(s) or been used by the Code Enforcement Board and ordinance(s) violated. staff. The statutory requirements are color (6) The name and authority of the code coded via font between the statute and proposed enforcement officer. code. Language added by staff and comments (7) The reasonable time for correcting the below, are in red. violation. 162.06 Enforcement procedure.— B. Should the violation continue beyond the time specified for correction in the Notice of Violation, and the Code Enforcement Officer (1) It shall be the duty of the code determines that there has been no progress in inspector to initiate enforcement correcting the violations for which the notice was proceedings of the various codes; issued, the Code Enforcement Officer shall notify however, no member of a board shall have the Code Enforcement Board and schedule a public hearing. Written notice of such hearing shall the power to initiate such enforcement be hand delivered or mailed as provided in section proceedings. (Note - This provision has been 162.12, F.S., to said violator. At the option of the incorporated in proposed section 11-607.1) Code Enforcement Board, notice may additionally be served by publication or posting as provided in (2) Except as provided in subsections (3) section 162.12, F.S. The hearing shall be and (4), if a violation of the codes is conducted in accordance with section 11-607, found, the code inspector shall notify the below. If the violation is corrected and then recurs or if the violation is not corrected by the time violator and give him or her a reasonable specified for correction by the Code Enforcement time to correct the violation. Note - the Officer, the case may be presented to the Code proposed ordinance adds that the notice be in Enforcement Board even if the violation has been writing and delivered in accordance with the corrected prior to the board hearing, and the notice statute. It also specifies what has to be in the shall so state. In the event the violation has continued beyond the time specified for correction notice. This provides for uniformity of in the Notice of Violation, but the Code implementation and ensures that the alleged Enforcement Officer determines that progress has violator knows exactly which provisions of the been made toward correcting the violations for which the Notice was issued, the Code Enforcement Officer may extend the time allowed for correction. The extension shall be in writing, code have been violated. Note that (3) and (4) and delivered in the same manner as the hearing become (C) and (D) in the proposed ordinance. notice. Should the violation continue beyond the C. If a repeat violation is found, the Code time specified for correction, the code Enforcement Officer shall notify the violator but is not required to give the violator a reasonable time inspector shall notify an enforcement to correct the violation. The Code Enforcement board and request a hearing. The code Officer, upon notifying the violator of a repeat enforcement board, through its clerical violation, shall notify the Code Enforcement Board staff, shall schedule a hearing, and written and shall place the violation on the agenda for the next regularly scheduled meeting. For violations notice of such hearing shall be hand which pose an immediate threat to the public health delivered or mailed as provided in s. and safety, the Code Enforcement Board may hold 162.12 to said violator. At the option of a special meeting which shall be noticed in the code enforcement board, notice may accordance with all applicable statutes. The case additionally be served by publication or may be presented to the Code Enforcement Board even if the repeat violation has been corrected prior posting as provided in s. 162.12. If the to the board hearing, and the notice shall so state. violation is corrected and then recurs or if If the repeat violation has been corrected, the Code the violation is not corrected by the time Enforcement Board retains the right to schedule a specified for correction by the code hearing to determine costs and impose the inspector, the case may be presented to payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to the enforcement board even if the waive his or her rights to this hearing and pay said violation has been corrected prior to the costs as determined by the Code Enforcement board hearing, and the notice shall so Board. As used herein, a repeat violation is a state. Explanation - Since the Code recurrence of a violation of the same section of the Code for which a citation or notice of violation has Enforcement Division provides clerical staff to been previously issued for the same property, or to the Code Enforcement Board, there is no need the same property owner on a different property for a separate request, the petitions are than the property for which the these repeat scheduled when requested by the code violations provisions are being applied. enforcement officer after there has been no progress on resolving a violation. The “In the event…” language was added to give Code Enforcement staff the ability to work with