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5703-94 ORDINANCE NO. 5703-94 AN ORDINANCE OF THE CITY OF CLEARWATER, FLL�?1DA$ RELA;TIN(; TO CODE 'ENFORCEMENT; AMENDING SECTIONS 2.213, 2.21`8, ?:219, AND 2.220, CODE OF ORDINANCES, PROVIDING FOR 1HE APPOINTMENT OF MEMBERS OF THE CODE ENFORCEMENT BOARD;! PROCEDURES AND FINES IN CASES OF REPEAT VIOLATIONS OR SERIOUS THREATS TO THE PUBLIC HEALTH, SAFETY! WELFARE; AND THE RECOVERY BY THE CITY OF THE COSTS Of PROSECUTION, THE ;COSTS OF MAKING REPAIRS; THE COSTS OF RECORDING AND SATISFYING VALID LIENS, AND. THE COSTS 1OF LIEN FORECLOSURE, INCLUDING ATTORNEY' S FEES REPFAL'1NG SECTION 2.216; PROVIDING AN EFFECTIVE DATE. WHEREAS, thelFlorida Legislature has enacted Senate'Biil 304, modifying the provisions of t'hel Liocal Government;Code Enforcement Boards Act (§§ 16'2.01-162. 13, Florida Statutes) ,1 and the City Commission; desires to amend the corresponding provisions of <tihe! 'City '` Code in 'order 'to implement the 1994 amendmE 'nts and l i Sri Hate conf l i c t;s with the enabling statute; now there f ore BE IT ORDAINED BY THE CITY COMMISSION OF THE CII­Yi OF C CLEARWATIIER, FLORIDA: Section 1 .1 Sections 2.213, 2.218, 2;219, and 2,220, Code of Ordinances, are amended to read: o'ntarier+ t of members. Sec. �.213. A � (1) 'Appointmdents to the code enforcement board shall be made by the city 'commission on the basis of experience or interest in .the subject' matter jurisdiction ofthe board, i`n the sole discretion of the city commission. The membership of ;each board shall , whenever possible include an architect,` a businessman, an ,en'gineer, a general contractor, a subcontractor, and a realtor. Sec 2.218. (Enforcement procedure. i + nnn-I- X'AY+nl �"�^n P•Y1�P1 ;------ V+ k(1 +",4 _&4e ti 'r+ A 'i—t$"IT's d44 shall be as 4044"11+ 11+ (1 ) It sha1;1 be the duty of the code inspector to initiate enforcement: proceedings with respect to each 'code or ordinance. (2) Where the code inspector finds or is, made aware of a code violation, the code inspector shall notify the violator and such notice shall provide a reasonable time. ,to correct the violation. Should the violation continue beyond the time specified - in the notice, the code inspector shall notify 'the code enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a' hearing, and written notice . of such hearing shiall be hand >dellk,ered or mailed as provided herein +4,;r �';.�;�i- -�1� . If the violation is corrected and then recurs or' if the violation is .i. _ C yea r er correction bV the code inspe��tor, the corrected b v fh� time speci case mad �� iie presented to the enforcement board even if th? Violation has been corrected prior to the board hearing at which the :recurring violation is scheduled to be heard. The notice of the hearing a -s, state that the case shall he presented to the board even if the violation is corrected butllrecurs prior to the hearinr date. (3) if a repeat violation its found, the code inspector shall notlify the violator, but is not required to give the violator a reasonable; -time to core ", the violation and u,�ay nmediately issue a ,citation. The code inspector, upon notifying the violator of a repeat violation and issuing a citation, shall) notify the board and request a hearings The board, through its clerical staff), shall. schedule a hearing and shall provide notice as pa^dvided herein the _V . The case may be presented to the board ever, if the 'repeat violation has been corrected prior to the board hearing, and the notice slhall so state. (4) If the code inspector has reason to believe a violation or the condition causini the violation presents a serious threat to the public health, safety and welfare, or if the violation is irreparable or irreversible in Nd t,�aar�e� the code inspector, shal l make a reasonable effort to notify;, the violator may immediately notify the enforcement board and request a nearing. All not,iCes required to be provided herein to 'the alleged vLmi or shall be mad.- as` prov_rded ' in § 162.12, F.S. as the same may be amended fr ne to' time. Sec. 2.219.1 Heiarings. ( ) Each case before the board shall be presented on behalf of tlhe c i tv either by the city attorney or his assistant or by a member , of tt city administrative staff:. If the city prevails in prosecuting a case before the board, the _city shall be entitled to recover all costs incurred in prosicutin the case before the beard'. (6). At the ;conclusion of each hearing the board shall issue findings of fact, based on evidence of record, and conclusions of law, and its order shall provide relief consistent with section 2.217. Each finding shall be by motion approved by a majority of those members present and voting. In order 'for an action to be official , at least four members of the board must vote 1,�or the action. The order M:ay include a notice that it must be complied with by ' a specified bate, ; and that a fine may be imposed and, under the conditions s `ep cif ied in section 2.220, the cost of repairs may be included alone w'' th the fine if the' order. is riot complied with by such date. Sec. 2.220. Fine, costs of repair, lien and foreclosure. (`1 ) Upon being; notified by the code inspector that an order issued by the enforcement board has not been complied with within the time established in such 2 0 order or ,upon finding that a e-epeat violation has been committed, the tic���rd may order t'hie violator to pay a fine to the city in an .mount specified iio this section for each day t ie v iolation continues past the compliance date established i n its order or,,, i n t1ie ease of a repeat �r io 1 a t i on, for each clay the r.PpeaIt. violation continues b ainnina with the date the repeat violation ,s io9und to have occurred by thy, `code inspectors $b!e�,Jli n addition , if the violation is:.. a violation deserin section 2<2t 14) , the board shall notify the city commission , which Tmake, a1T reasonable repairs; which are requ i r°ed to br i nq the Property into comp l i anlce a_no charoe the violator i4ith the reasonable cost of the repairs alonq with the fine °osed pursuant to the section: If a finding of a violation or repeat vio7tion has been made as prow i ded in this division, a hearing shall not be neces sairy for issuance of the order; imposing the fine Ari fine the board imposes pursuant to this s tion hall not 'exceed y p p h s ec s X250.00 per day for a first violation or $500.00 per day for a repeat violation, and the 'board may subsE!quently reduce any such fire so ,imposed. In addition a fine may include al 11 costs of repairs pursuant to! subsection (1) . (3) A certified copy of an order imposing a fine maybe recorded in the public records of the county, and thereafter such order shall constitute a lien against the land :on which the violation exists and :upon any other real or personal property owr'�ed by the violator. Upon petition to the circuit court, such order may be enforced` in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such orderll shall not be deemed to be ,a ajudgment of a court except for enforcement purposes. (4) A fine imposed pursuant to this section shall continue to accruel until the violator comes into compliance or until judgment is rendered in, a shit to foreclose on a lien filed pursuant to this 'section, whichever occurs first. I51 A ten arising from a fine imposed pursuant to 'this section runs. in fa orpof t;ie cittconimjssi`on , and the city commission ma+execute a satisfaction or 'release of 1 i en entered Dur'suant to this section. u Three months from the filing of any such lien which remains 6npa i d', the enforcement board may authorize the city ;`attorney to foreclose on such lien in the manner provided by statute for the foreclosure of other municipal liens'. No lien 'created pursuant to the provisions of this section may be foreclosed on real property which is a homestead under the state constitution, art. X,1 § 4. r7 l Ao lien provided under the Local Government Code Enforcement Boards Act shall continue fcLr,_a period' longer than 20 years after the certified copy of an order im osing a fine has been recorded unless within that time an ac-t'Jon to foreclose on the lien Js, commenced 'in a court of competent Jurisdiction.-', In an action to foreclose on ,a lien the prevailinq party is entitled to recover all costs , includir a reasonable attorrn�ey° s fee, ',.hat- i,- incurs in the foreclosure. The city c oipmission shall be entitled to collect all costs incurred in reclordinq and sati sfvi'no a_ valid lien. The continuation of the lien effected the comee ,ceff ient of the action shall not be good a �,J st creditors or subsftcluent o�rd�g ase s for valuable consideration without notice, unless a notice of ! is cad ns is recorded 3, 6'X703 - qV I 1 Section 2. Seciio, 2.216, Code of Ordinances, is hereby repealed Se tac This ordinance shall take effect immediately upon adoption. 'PASSE CN TIRST {PEA1),1NG December ?§' 1994 PASSED C SECC d A; I FINAL READING AND ATE Javar 'S, 1.99 51 I j I r Pisa Garvey Mayor-Commissioner Attest + Cyn is E. Goudeau f I City` Clerk r Approved as to form and legal suf ici ney. E I i f I I ! Al S. Zim e Interim Cit' ttorney � I I I , I I , I I + i 4 '-_" it 'r'o r ?