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

prevails in prosecuting a case before the Code Enforcement Board, it shall be entitled to recover all cost incurred in prosecuting the case before the board and such cost may be included in the lien authorized. F. All testimony shall be under oath and shall be 5. All testimony shall be under oath and shall be recorded. The Code Enforcement Board shall recorded. The code enforcement board shall take testimony from the Code Enforcement take testimony from the code enforcement Officer and alleged violator and from such other officer and alleged violator and from such other witnesses as may be called by the respective witnesses as may be called by the respective parties. sides. G. Formal rules of evidence shall not apply, but 6. Formal rules of evidence shall not apply, but fundamental due process shall be observed and fundamental due process shall be observed and shall govern such proceedings. shall govern such proceedings. H. Irrelevant, immaterial, or unduly repetitious 7. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence shall be excluded, but all other evidence of a type commonly relied upon by evidence of a type commonly relied upon by reasonable prudent persons in the conduct of reasonable prudent persons in the conduct of their affairs shall be admissible, whether or not their affairs shall be admissible, whether or not such evidence would be admissible in a trial in such evidence would be admissible in a trial in the courts of the state. the courts of the state. I. Any member of the Code Enforcement Board, may inquire of any witness before the Code 8. Any member of the code enforcement board, Enforcement Board. The alleged violator, or his may inquire of any witness before the code attorney, and the attorney representing the Code enforcement board. The alleged violator, or his Enforcement Officer shall be permitted to inquire attorney, and the attorney representing the code of any witness before the Code Enforcement enforcement officer shall be permitted to inquire Board and shall be permitted to present brief of any witness before the code enforcement opening and closing statements. board and shall be permitted to present brief opening and closing statements. 9. Penalties, Nuisance Abatement Assessments, and Liens. A. At the conclusion of the hearing, the Code 9. At the conclusion of the hearing, the code Enforcement Board shall issue findings of fact enforcement board shall issue findings of fact based on evidence in the record and Reformatted. Highlighted language added to based on evidence in the record and conclusions conclusions of law, and shall issue an order ensure that the written order includes penalties of law, and shall issue an order affording the proper relief consistent with the powers granted affording the proper relief consistent with the assessed during the hearing. by Chapter 162, F.S., and by this Article, powers granted by Chapter 162, Florida including the assessment of fines and penalties Statutes, and by this ordinance. The order shall according to the schedule provided in section 11- be stated orally at the meeting and shall be 606, above. The order shall be stated orally at reduced to writing and mailed to the alleged  the meeting and shall be reduced to writing and violator within ten working days after the mailed to the alleged violator within ten (10) hearing. The finding shall be by motion, working days after the hearing. The finding shall approved by a majority of those present and be by motion, approved by a majority of those voting; provided, however, that at least four present and voting; provided, however, that at members of the code enforcement board must least four (4) members of the Code Enforcement vote in order for the action to be official. In Board must vote in order for the action to be cases involving Okaloosa Island leases and Highlighted language included in order to avoid official. To expedite delivery of the order, the covenants, the findings of fact shall be sent to delays in service of order in the event the Code Enforcement Supervisor or Growth the board of county commissioners as a Management Director are authorized to sign the recommendation for action by the board of chairman and Vice-Chairman are unavailable. order. In cases involving Okaloosa Island leases county commissioners. and covenants, the findings of fact shall be sent to the Board of County Commissioners as a recommendation for action by the Board of County Commissioners. Reformatted B. The Code Enforcement Board, upon finding that 11.03.05. - Penalties. a previous order of the Code Enforcement Board has not been complied with by the time set, or upon finding that a repeat violation has been 1. The code enforcement board, upon committed, may order (1) in the case of a first notification by the code enforcement officer that violation, the violator to pay a fine in an amount a previous order of the code enforcement not to exceed two hundred fifty (250) dollars for board has not been complied with by the time each day the violation continues past the date set set, or upon finding that a repeat violation has by the Code Enforcement Board’s order for been committed, may order (1) in the case of a compliance for a first violation, or (2) in the case first violation, the violator to pay a fine in an of a repeat violation as defined in section amount not to exceed $250.00 for each day the 162.04(5), F.S., a fine in an amount not to exceed violation continues past the date set by the five hundred (500) dollars for each day the code enforcement board's order for compliance violation continues past the date of notice to the for a first violation, or (2) in the case of a repeat violator of the repeat violation. In addition, if the violation as defined in Section 162.04(5) violation is as described in section 162.06(4), Florida Statutes, a fine in an amount not to F.S., the Code Enforcement Board shall notify exceed $500.00 for each day the violation the Board of County Commissioners which may, continues past the date of notice to the violator at its sole discretion, make or cause to be made of the repeat violation. all reasonable repairs which are required to bring In addition, if the violation is as described in the property into compliance and charge the Section 162.06(4) Florida Statutes, the code The Board of County Commissioners is the local violator with the reasonable cost of the repairs enforcement board shall notify the local governing governing body, and language has been added along with the fine imposed pursuant to this body, which may make all reasonable repairs which are required to bring the property into that makes it clear that it is the Board of county Division. If a finding of a violation or a repeat violation has been made as provided in this part, compliance and charge the violator with the Commissioners that will decide when repairs will a hearing shall not be necessary for the issuance reasonable cost of the repairs along with the fine be made by if the violator has not done so. The of the order imposing the fine. If, after due notice imposed pursuant to this section. If a finding of a “or cause to be made language reflects the fact and public hearing the Code Enforcement Board violation or a repeat violation has been made as that the Board may retain the services of private finds the violation to be irreparable or irreversible provided in this part, a hearing shall not be contractors rather than have County staff in nature, it may impose a fine not to exceed five necessary for the issuance of the order imposing perform the work. thousand (5,000) dollars per violation. the fine. If, after due notice and public hearing the code enforcement board finds the violation to be irreparable or irreversible in nature, it may order  the violator to pay a fine as specified in Section 162.06(4), Florida Statutes. It may impose a fine not to exceed $5,000.00 per violation. a. a. Each case before the code enforcement Relocated to 11-607 8.E. board shall be presented by the local governing body attorney or by a member of the administrative staff of the local governing body. If the local governing body prevails in prosecuting a case before the code enforcement board, it shall be entitled to recover all cost incurred in prosecuting the case before the board and such cost may be included in the lien authorized. C. A certified copy of an order imposing a fine shall 2. A certified copy of an order imposing a fine be recorded in the public records of Okaloosa shall be recorded in the public records of County and, thereafter, shall constitute a lien Okaloosa County and, thereafter, shall constitute against the land on which the violation exists or a lien against the land on which the violation This language was added after discussions with upon any other real or personal property