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

code enforcement board shall have the power been relocated to section 11-607.1 which to issue citations or initiate such enforcement addresses the Code Enforcement Board. proceedings. A. Prior to issuing a citation, a Code Enforcement Officer shall provide notice to the4. 4. Prior to issuing a citation, a code enforcement officer shall provide notice to the Existing language. person that has committed a violation of a code or ordinance and shall establish a reasonable time person that has committed a violation of a code period within which the person must correct the or ordinance and shall establish a reasonable violation. Such time period shall be no more than time period within which the person must thirty (30) days. If, upon personal investigation, a correct the violation. Such time period shall be Code Enforcement Officer finds that the person has no more than 30 days. If, upon personal not corrected the violation within the time period, a investigation, a code enforcement officer finds Code Enforcement Officer may issue a citation and that the person has not corrected the violation may notify the Code Enforcement Board and within the time period, a code enforcement request a hearing pursuant to the procedure set officer may issue a citation and may notify the forth herein. A Code Enforcement Officer does not code enforcement board and request a hearing have to provide the person with a reasonable time pursuant to the procedure set forth herein. A period to correct the violation prior to issuing a code enforcement officer does not have to citation and may immediately issue a citation if the provide the person with a reasonable time Code Enforcement Officer has reason to believe period to correct the violation prior to issuing a that the violation presents a serious threat to the citation and may immediately issue a citation if public health, safety or welfare, or if the violation is the code enforcement officer has reason to irreparable or irreversible. believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. B. The citation issued by the Code 5. The citation issued by the code enforcement Enforcement Officer shall contain: officer shall contain: Existing language. a. The date and time of issuance. (1) The date and time of issuance. (2) The name and address of the person to whom b. The name and address of the person to the citation is issued. whom the citation is issued. (3) The date and time civil infraction was c. The date and time civil infraction was committed. committed. (4) The facts constituting reasonable cause. d. The facts constituting reasonable cause. (5) The number or section of the code or ordinance e. The number or section of the code or violated. ordinance violated. (7) The name and authority of the Code Enforcement Officer. f. The name and authority of the code (8) The procedure for the person to follow in order enforcement officer. to pay the civil penalty or to contest the citation. g. The procedure for the person to follow in (9) The applicable civil penalty that if the person order to pay the civil penalty or to contest the elects not to contest the citation. citation. (10) A conspicuous statement that if the person h. The applicable civil penalty that if the person fails to pay the civil penalty within the time allowed, elects not to contest the citation. or fails to appear in court to contest the citation, he i. A conspicuous statement that if the person shall be deemed to have waived his right to contest fails to pay the civil penalty within the time the citation and that, in such case, judgment may allowed, or fails to appear in court to contest be entered against the person for an amount up to the citation, he shall be deemed to have the maximum civil penalty. waived his 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. C. After issuing the citation to the alleged5. 6. After issuing the citation to the alleged violator, the law enforcement officer and/or Existing language violator, the Law Enforcement Officer and/or Code Enforcement Officer shall deposit the original code enforcement officer shall deposit the citation and one copy of the citation with the County original citation and one copy of the citation Court. with the county court. 7. Violations of county ordinances may be prosecuted as provided in Section 125.69(1), Relocated to proposed 11-610, Violations as Florida Statutes, or alternatively constitute civil Misdemeanors, and rephrased. Section infractions and may be enforced as provided 125.69(1) provides that violations shall be herein. prosecuted as misdemeanors. D. The maximum civil penalty shall be five- 8. The maximum civil penalty shall be $500.00 if the person elects to contest the violation. Existing language. hundred dollars ($500) if the person elects to contest the violation. 9 The civil penalty for a person who elects not E. The civil penalty for a person who elects not to contest the citation shall be in accordance to contest the citation shall be in accordance with The list of penalties will be incorporated into this with the fees and fines schedule in section the schedule provided in Section 11-606, below. section as 11-606 12.02.00 F. Any person who willfully refuses to sign and 10. Any person who willfully refuses to sign and Existing language accept a citation issued by a Code Enforcement accept a citation issued by a law enforcement Officer shall be guilty of a misdemeanor of the officer and/or code enforcement officer shall be second degree, punishable as provided in Section guilty of a misdemeanor of the second degree, 775.082 or Section 775.083, Florida Statutes. punishable as provided in Section 775.082 or Section 775.083, Florida Statutes. G. The act for which the citation is issued shall 11. The act for which the citation is issued shall be ceased upon receipt of the citation and the be ceased upon receipt of the citation and the Existing language. person charged with the violation shall elect either person charged with the violation shall elect either to correct the violation and also pay the civil penalty to correct the violation and also pay the civil in the manner indicated on the citation, or within ten penalty in the manner indicated on the citation, or (10) days of receipt of the citation apply to the within ten days of receipt of the citation apply to County Court and receive a court date. the county court and receive a court date.  12. Each day a willful, knowing violation Existing language. H. Each day a willful, knowing violation continues shall constitute a separate offense continues shall constitute a separate offense under under the provisions of this subsection. the provisions of this subsection. 11-606 FEES, FINES, AND PENALTIES Section 12.02.00 1. Failure to purchase proper permits prior to 1. Failure to purchase proper permits prior to beginning construction of any structure: beginning construction of any structure $200.00. .....$200.00 2. Unlicensed persons doing work or 2. Unlicensed persons doing work or advertising or any other violations of advertising or any other violation of Sections Sections 489.101 through 489.134, 489.501 489.101 through 489.134, 489.501 through through 489.539, and 489.551 through 489.539 and 489.551 through 489.559, 489.559, Florida Statutes, for any work in Florida Statutes for work in any trade fields any trade fields which require a license; or which require a license: aiding or abetting an unlicensed activity as described herein: $2,000.00. Citation .....2,000.00 Code enforcement board or special magistrate Proposed 11-606 utilized the incorrect penalty for .....not more than unlicensed contracting. The existing section 2,500.00 per day 12.02.00 should be used. This will be corrected. Aiding or abetting an unlicensed activity as defined in 2. above .....500.00 3. Failure to identify commercial vehicle: 3. Failure to identify commercial vehicle $150.00. .....150.00 4. Failure to comply with receptacle 4. Failure to comply with receptacle requirements for construction and requirements for construction and demolition demolition sites: $100.00. sites .....100.00 5. Failure to remove construction and 5. Failure to remove construction