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

support to the department shall provide clerical and Code Enforcement Board as may be reasonably administrative support to the code enforcement required for the proper performance of its duties. board as may be reasonably required for the proper performance of its duties. 11.03.01. - Jurisdiction. The code enforcement The existing (highlighted) language could be 6. Jurisdiction. The Code Enforcement Board shall board shall have jurisdiction to hear and decide have jurisdiction to hear and decide alleged read to make Code Enforcement Division alleged violations of all codes and ordinances in responsible for all County Codes; existing violations of the following codes and ordinances force in the county, including, but not limited to the in force throughout the unincorporated area of in Okaloosa County Land Development Code, language also seems to go into incorporated the County and in those incorporated areas with Ordinance No. 91-1, as amended, and: areas. which the County has entered into Interlocal Agreements granting enforcement authority to the County: The Land Development Code is included in the A. Okaloosa County Land Development Code general jurisdiction statement of existing code. (Ordinance 91-01, as amended) 1. Okaloosa County Construction Industry Proposed language cites County Code chapter. B. Okaloosa County Construction Industry Licensing as provided in Chapter 6 of the County Code as Licensing; may be amended; C. Article III of Chapter 11 of the County Code as Article III of Chapter 11 is the nuisance and litter adopted and as may be subsequently amended; 2. Litter and nuisance control; section 3. Signs; The sign code is part of the LDC and does not D. Building Code Requirements, Building Permits, have to be separately referenced. and other permit requirements as provided in 4. Building code ordinances; Chapter 6 of the County Code as may be . Existing 4 and 5 have been combined in amended; and 5. Building permit and other permit requirements; proposed D. E. The Protective Covenants and Restrictions for 7. Leases and restrictive covenants for Okaloosa Proposed language cites the County’s authority Okaloosa Island as provided in Chapter 75-456 to enforce the covenants. Island; and of the Laws of Florida. F is new language added as a result of the F. Section 21-65, Nuisance Vehicles, of Article passage of Ordinance 12-25 which provides, IV of Chapter 21 of the Code of Ordinances of Okaloosa County, Florida. among other things: “The Okaloosa County Sheriff's Office shall enforce section 21-64, 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.” The code enforcement board shall also hear appeals concerning interpretation of this Not included in proposed ordinance as it us ordinance regarding construction matters with the redundant with proposed 6. D. Also, there are exception of the fire code ordinance by any already a Construction Board of Adjustment and person aggrieved by any decision of the Appeals and a Fire Code Board to settle administrative official as specified in section 11.02 interpretive disputes of those codes. of this ordinance. The procedure for the above appeals shall be as specified in section 11.02.06 of this ordinance. 11.03.04. - Powers. 7. Powers. The Code Enforcement Board shall have the power conferred by Chapter 162, Florida Statutes, including the power to: 1. The code enforcement board shall have the power conferred by Chapter 162, Florida Statutes, including the power to: A. Adopt rules for the conduct of its hearings; a. Adopt rules for the conduct of its hearings; B. Subpoena alleged violators and witnesses to its b. Subpoena alleged violators and witnesses hearings; to its hearings; C. Subpoena records, surveys, plats, and other c. Subpoena records, surveys, plats, and documentary evidence; other documentary evidence; D. Take testimony under oath; d. Take testimony under oath; E. Establish and levy fines pursuant to Section 11- e. Establish and levy fines pursuant to 606, above; and chapter 12; F. Issue orders having the force of law to command f. Issue orders having the force of law to whatever steps are necessary to bring a violation command whatever steps are necessary to into compliance as provided in this Article. bring a violation into compliance; and g. Determine violations of lease agreements Section g is redundant with existing sections or covenants for Okaloosa Island and make 11.03.01.6 and 11.03.03.9. It is covered under recommendations to the board of county proposed sections 11-607.6 and 11-607.9.A commissioners. 8. Conduct of Hearings.  11.03.03. - Conduct of hearings. ] A. The chairman of the Code Enforcement Board 1. The chairman of the code enforcement board may call hearings of the board, and hearings may may call hearings of the board, and hearings also be called by written notice, signed by at least may also be called by written notice, signed by three (3) members of the Code Enforcement at least three members of the code enforcement Board. The Code Enforcement Board, at any board. The code enforcement board, at any hearing, may set a future hearing date. hearing, may set a future hearing date. B. Upon scheduling of a hearing, the Code Enforcement Board shall cause notice to be 2. Upon scheduling of a hearing, the code furnished to the alleged violator. Such notice of enforcement board shall cause notice to be hearing shall contain the date, time and place of furnished to the alleged violator. Such notice of the hearing and shall state the nature of the hearing shall contain the date, time and place of violation and reference to the appropriate code, the hearing and shall state the nature of the ordinance or covenant. violation and reference to the appropriate code, ordinance or covenant. C. During the hearing, the burden of proof shall be 3. At the hearing, the burden of proof shall be upon the Code Enforcement Officer to show by a upon the code enforcement officer to show, by a preponderance of the evidence that a violation preponderance of the evidence, that a violation does exist. does exist. D. Once proper notice of the hearing has been provided to the alleged violator as provided in 4. Assuming proper notice of the hearing has subsection B above, a hearing may proceed in been provided to the alleged violator as Proper notice is not assumed; the violator is not the absence of the alleged violator. provided in subsection 2 above, a hearing may brought to the hearing unless proper notice is proceed in the absence of the alleged violator. verified. E. Each case before the Code Enforcement Board Relocated; currently found in Section 11.03.05 of shall be presented by the County Attorney or by the LDC. a member of the administrative staff of the County. If the County