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

to the Board of County Commissioners abatement and the imposition of nuisance abatement assessments to facilitate the remediation of violations other than those meeting the criteria of section  162.04(5), F.S., that have remained un- remediated for a period of twelve (12) months or longer from the date of the Code Enforcement Board’s initial order. The process for the imposition and execution of nuisance abatement assessments for violations as described herein shall be as provided in this Article. The decision whether to impose a nuisance abatement assessment shall be at the sole discretion of the Board of County Commissioners. 11-608 APPEALS OF CODE ENFORCEMENT  11.03.06. - Appeals. BOARD ORDERS. Existing language relocated to 11-608. 1. An aggrieved party may appeal the final 1. An aggrieved party may appeal the final administrative order of the Code Enforcement administrative order of the code enforcement Board to the Circuit Court. Any such appeal shall board to the county court. Any such appeal shall be filed within thirty (30) days of the execution of be filed within 30 days of the execution of the the order to be appealed. order to be appealed. 2. Such an appeal shall be limited to appellate review 2. Such an appeal shall be limited to appellate of the record created before the Code Enforcement review of the record created before the code Board. enforcement board. 3. The appealing party shall be responsible for the 3. The appealing party shall be responsible for preparation of a verbatim transcript. the preparation of a verbatim transcript. 11-609 DURATION OF LIENS No lien provided by this ordinance shall continue for a period longer (See 11.03.05.3) than twenty (20) years after the certified copy of an Existing language re-formatted and relocated. order imposing a fine has been recorded unless, within that time, an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien affected by the commencement of the action shall not be effective against creditors or subsequent purchase for valuable consideration without notice, unless a notice of lis pendens is recorded. 11-610 VIOLATIONS AS MISDEMEANORS. Existing language re-formatted and relocated. Violations of County ordinances shall be (See 11.03.05.4) prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney and upon conviction shall be punishable by a fine not to exceed five hundred (500) dollars or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment. Existing language relocated and re-formatted. 11-611 LEGAL COUNSEL. If necessary, the  11.03.07. - Legal counsel. If necessary, the Board of County Commissioners shall provide legal board of county commissioners shall provide legal counsel to the Code Enforcement Board. counsel to the code enforcement board. 11-611 DISTRIBUTION OF FINES OR  11.03.11. - Fine or penalty distribution. Fines or PENALTIES. Fines or penalties collected penalties collected pursuant to this ordinance shall Existing language relocated and re-formatted. pursuant to this ordinance shall be remitted by the be remitted by the clerk of circuit court to the board Clerk of Circuit Court to the Board of County of county commissioners, for deposit in the Commissioners, for deposit in the Code inspection and code enforcement fund and used to Enforcement Fund and used to support the costs of support the costs of the code enforcement the code enforcement program. program. 11-613 LIABILITY No officer, employee, or agent 11.03.09 – Liability. No officer, employee, or of the state or of any of its subdivisions shall be held agent of the state or of any of its subdivisions shall Existing language relocated and re-formatted. personally liable in tort or named as a party be held personally liable in tort or named as a defendant in any action for any injury or damage party defendant in any action for any injury or suffered as a result of any act, event, or omission damage suffered as a result of any act, event, or of action in the scope of his employment of function, omission of action in the scope of his employment unless such officer, employee, or agent acted in of function, unless such officer, employee, or bad faith or with malicious purpose or in a manner agent acted in bad faith or with malicious purpose exhibiting wanton and willful disregard of human or in a manner exhibiting wanton and willful rights, safety, or property. However, such officer, disregard of human rights, safety, or property. employee, or agent shall be considered an adverse However, such officer, employee, or agent shall witness in a tort action for any injury or damage be considered an adverse witness in a tort action suffered as a result of an act, event or omission of for any injury or damage suffered as a result of an action in the scope of his employment or function. act, event or omission of action in the scope of his The exclusive remedy for injury or damage suffered employment or function. The exclusive remedy for as a result of an act, event, or omission of an injury or damage suffered as a result of an act, officer, employee, or agent of the state or any of its event, or omission of an officer, employee, or subdivisions or constitutional officers shall be by agent of the state or any of its subdivisions or action against the governmental entity, or head of constitutional officers shall be by action against such entity in his official capacity, or the the governmental entity, or head of such entity in constitutional officer of which the officer, employee, his official capacity, or the constitutional officer of or agent is an employee, unless such act or which the officer, employee, or agent is an omission was committed in bad faith or with employee, unless such act or omission was malicious purpose or in a manner exhibiting wanton committed in bad faith or with malicious purpose and willful disregard of human rights, safety, or or in a manner exhibiting wanton and willful property. The state or its subdivisions shall not be disregard of human rights, safety, or property. The liable in tort for the acts or omissions of an officer, state or its subdivisions shall not be liable in tort employee, or agent committed while acting outside for the acts or omissions of an officer, employee, the course and scope of his employment or or agent committed while acting outside the committed in bad faith or with malicious purpose or course and scope of his employment or committed  in a manner exhibiting wanton and willful disregard in bad faith or with malicious purpose or in a of human rights, safety, or property. manner exhibiting wanton and willful disregard of human rights, safety, or property. 11-614 RELIEF Respondents shall be entitled to a hearing in front of the Code Enforcement Board for Existing language (section 11.03.10.3) relocated the purpose of receiving relief from enforcement in and re-formatted. 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 hearing. No fees shall be assessed if the case is dismissed.  11.03.08. - Notices. All notices required by this The notice requirements are provided in each ordinance shall be by certified mail, return receipt individual section and defer to the requirements requested or, when mail would not be effective, by of Chapter 162 of the Florida Statutes. This was hand delivery by the code enforcement officer. done to provide the greatest flexibility in delivery Comparison of Existing and Proposed Code Enforcement Provisions