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1990.04.18_CEB_Minutes_Regular TOWN OF HIGHLAND BEACH • CODE ENFORCEMENT BOARD REGULAR MEETING - MINUTES Wednesday, April 18, 1990 10:00 A.M. This Regular Meeting of the Code Enforcement Board was called to order in Commission Chambers at 10:00 A.M. by Vice Chairman Pamela J. Perona. Deputy Town Clerk Doris Trinley called the roll. Present were Vice Chairman Perona and Regular Members Edward J. Pearlstein, Theodore F. Boepple, Lowell Blum, Horace Leng and Merton Rubin. Also present were Town Attorney David K. Friedman, Building Official Harry Heithaus and members of the general public. Upon MOTION by Mr. Pearlstein/Mx. Boepple, the minutes of the Workshop and Regular Meetings of January 17, 1990 were approved, which MOTION carried unanimously. There being no Old Business to consider, Vice Chairman Perona stated that the purpose of this meeting was to review, with the Town Attorney, current state legislation regarding Code Enforcement Boards. She then • invited Attorney Friedman to address the pertinent issues. Before he started the review, Attorney Friedman introduced Ms. Cheryl Kaplan, an attorney who has recently joined Dilworth, Paxson, Kalish, Kauffman and Tylander. Attorney Friedman said the amendments to be reviewed had to do with Chapter 162, Florida Statutes. The first change he noted was that this legislation now defines a repeat violation, which is a violation of a provision of Code or ordinance by someone who has previously been found to have violated the same provision within a period of five (5) years. The fine for a repeat violator has been increased to a maximum of $500 per day rather than $250 per day, which is for first violation. The second amendment reviewed, which generated much discussion among the members and the attorney, was that which allows a municipality with a population of less than 5,000 to appoint a five (5) member board rather than the seven (7) member board required of municipalities over 5,000 population. Along with a five (5) member board, the local government may also appoint two (2) alternate members. The amendment also notes that in a municipality of less than 5,000, an existing seven (7) member board may be reduced to five (5) members ". ...upon the simultaneous expiration of the terms of office of two members of the board." Of all current members, which total six (6) be- cause of William E. Paul's vacancy from the Board after being elected Vice Mayor in March 1990, it was questioned by Mr. Pearlstein if any Code Enforcement Board Regular Meeting - Minutes April 18, 1990 Pale 2 of 4 did have simultaneous membership expiration dates. Ms. Perona, re- ferring to a copy of the Boards List, read into the record the names of all CEB members and the dates their memberships expire. There were no two simultaneous expiration dates. The dis portion were to 1. 2. 3. ~ussion continued of the amendment be as follows: One (1) member Two (2) members Two (2) members regarding the five (5) member board and that which stated initial appointments to same appointed for a term of one (1) year. appointed for a term of two (2) years. appointed for a term of three (3) years. Immediately following this language is a sentence which reads, "There- after, any appointment shall be made for a term of three (3) years." Questioned on this by Mr. Pearlstein and Mr. Boepple, Attorney Friedman replied that the Town Commission could appoint the members as set forth and then re-appoint for a three-year term after their initial one, two, or three year terms had expired. Mr. Rubin inquired whether the Town could in fact be denoted as having a population of less than 5,000 since besides year-round residents many people spend at least up to six (6) months here, thus increasing popu- lation for some portions of the year. Attorney Friedman, while agree- ing with Mr. Rubin, replied that population estimate for the Town is based on the University of Florida's Bureau of Economic and Business Research Population Program (note: the latest preliminary population estimate from OF for April 1, 1989 was 3,270). The members discussed whose choice it would be to have a five or seven member board and asked Attorney Friedman to clarify this point. He answered that it would be the Town Commission's choice and, if it chose to go to a five member board, the appropriate ordinance would have to be amended. Some other areas of the new legislation that were discussed were the allowance of reduction of imposed fine for extreme circumstances; that a violation/citation can be delivered to any person residing on the property in violation if above age 15 (example: maid); that upon noti- fication of the Code Enforcement Officer, two members of a five member board or three members of a seven member board could issue a Citation without a Notice of Violation (example: life threatening situation). Ms. Perona referred to the complexity of some cases presented to the Board and asked Attorney Friedman about the possibility of standard Motion language whereby the name of the offender and the section of Code violation could be filled in. She felt this method would prevent misinterpretation when it was time for a Motion to be made. Code Enforcement Board Regular Meeting - Minutes Aril 18, 1990 Page 3 of 4 • Mr. Boepple asked Attorney Friedman if there was any urgency incumbent upon the members to make a recommendation regarding a five member or a seven member board to the Town Commission; Attorney Friedman replied that there was not. Vice Chairman Perona said that because of the im- portance of the material addressed today, she felt the members should hold a Workshop Meeting to discuss these mattters further and it was the CONSENSUS of the members that this be done. A copy of the materials discussed is hereby attached and made part of these minutes. The next item on the agenda was the re-election of officers, so placed because of the Chair being vacant due to William E. Paul's election as Vice Mayor. In view of the information that had been given by Attorney Friedman regarding the two choices of boards, a MOTION was made by Mr. Boepple/Mr. Blum that this item be deleted from the agenda and deferred until a later meeting. A roll call vote resulted as follows: Mr. Rubin .............Aye Mr. Leng ..............Nay Mr. Pearlstein........Aye Mr. Boepple...........Aye Mr. B1um ..............Aye Ms. Perona............Aye Mr. Leng was of the opinion that the agenda should have been followed. Mr. Harold Hagelman then introduced himself to the members and said he would be interested in serving on the board. He said he has been a full-time Town resident and owner for two years. He also stated that he felt his background of over 30 years as an officer in charge re- garding inspections with the New York City Fire Department would be an asset to the Board. Ms. Perona thanked Mr. Hagelman for his comments and asked if he had filled out a Talent Bank application for the Town Commission to review. He replied that an application is on record. Ms. Perona announced that the next meeting would take place Wednesday, May 16. Upon MOTION by Ms. Perona/Mr. Boepple, this meeting was ad- journed at 10:50 A.M. APPROVE :~ L~jC/1''!'L Pamela J. Edward J., erona Vice Chairman earlstein • Code Enforcement Board Regular Meeting - Minutes April 18, 199PJ Page 4 of 4 w~.~ ~ F- Theod Xe Boepple at~.~-t.-~E'i' ow 11 Blum, Horace Leng Merton Rubin ATTE~ DATE: dmt • 1 ~, 1989 Amendments to the Local Government Code Enforcement Boards Act by Douglas M. Weaver Assistant Couch Attorney Volusia County, Florida On July 3, 1989, the Governor approved im- portant amendments to Chapter 162, Florida Statutes, the Local Government Code Enforce- ment Boazds Act which will take effect October 1, 1989. (see Chapter 89-268, Laws of Florida) As background, since 1980, a number of local governments have utilized the authority under this Act to establish Code Enforcement Boards as a supplementary enforcement mechanism to heaz and decide code or ordinance violations. These Boards have the power to levy a fine against a violator and file a lien against his real or personal property. One of the major changes which was ad- dressed in this legislation was the repeat viola- tor. Et'li11't~ air ~ a i ~ ~t~o The term is t~~ . ~ '~~~n of a cdi.Fe+~ ardf"n~nc~ by a persc>it whOm~a Code Enf to :~-~ e or ~-ance provi- 3''y{as~s. Further, the Act provides for expedited procedures to address re- peat violations. The ftne for the repeat violator has been . ; w a m S3®O;day rliher th t first vittlatlc~n. Another important amendment to the Act authorizes counties or municipalities with a pop _ lie tif(~3tt~S,OAO k. a-. five ~ b~,rd rar_t~; t~ _*' ~~~~ ~travisc required. The local gov- ernment may also appoint up to two (2) alter- nate members to the board. Further the Act extended to all local governments, the authority to adopt a special master system to heaz and decide code enforcement cases. Probably the most significant changes to the Act created Part II of this Chapter, entitled the "Supplemental County or Municipal Code or Ordinance Enforcement Procedures." This amendment provides local governments with an important new enforcement capability whereby code enforcement officers are authorized to "ticket" persons who violate any code and ordi- nances in effect in the local government. This law does not inhibit local governments from util- izing any of its other existing enforcement tools, but is supplementary to those other methods. If a local government chooses to adopt an or- dinance to implement this legislation, it must at a minimum provide: I) That a violation of a code or an ordinance is a civil infraction; 2) A maximum civil penalty not to exceed $500; 3) A civil penalty of less than the maximum civil penalty if the person who has committed the civil infraction does not contest the citation; 4) For the issuance of a citation by a code enforce- ment officer who has reasonable cause to be- lieve that a person has committed an act in violation of a code or an ordinance; 5) For the contesting of a citation in county court; and 6) Such procedures and provisions as are neces- sary to provide for the enforcement of a code or an ordinance under the provisions of this Aci. The Act also provides that the local gov- ernment is authorized to establish a schedule of violations and penalties to be assessed by code enforcement officers. Local governments are empowered to desig- nate certain employees or agents as code enforce- ment officers whose duty it is to enforce their codes and ordinances. These officers may in- clude, but are not limited to, code inspectors, law enforcement officers, animal control offi- cers or fire safety inspectors. The local govern- ment is authorized to determine the training and qualification of these staff members. Code enforcement officers have the power to issue a citation to a person who has violated a local government's code or ordinance, however, these officers do not have the power of arrest. Prior to issuing a citation, the officer must no- tify the person that he has committed a viola- tion. The officer must also establish a reason- able time period, not to exceed 30 days, within which the person is to correct the violation. If, upon personal investigation, the officer finds that the person has not corrected the violation within the time period, the officer may then is- sue acitation. An officer does not have to provide the person with a reasonable time pe- riod to correct a violation prior to issuing a citation and may immediately issue a citation if the officer has reason to believe that the viola- tion presents a serious threat to the public health, safety, or welfare or if the violation is Page 6 ,: n U • irreparable or irreversible. The Act provides that the citation must con- tain the following information: 1) The date and time of issuance; 2) The name and address of the person to whom the citation is issued; 3) The date and time the civil infraction was com- mitted; 4) The facts constituting reasonable cause; 5) The number or section of the code or ordinance violated; 6) The name and authority of the code enforcement officer, 7) The proce- dure for the person to follow in order to pay the civil penalty or to contest the citation; 8) The applicable civil penalty if the person elects to contest the citation; 9) The applicable civil penalty if the person elects not to contest the citation; and 10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in County Court to contest the citation, he shall be deemed to have 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. The Act provides that any person who will- fully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a second degree misdemeanor. The Act's provisions on administrative fines and liens were also amended by the legislation. Initially, a certified copy of an order imposing a fine may be recorded in the public records and, thereafter, constitutes a lien against the land upon which the violation exists and upon any other real or personal property owned by the violator. Now, if the fine is not paid within 3 months, instead of 6 months, after being re- corded, the enforcement board may authorize the local governing body attorney to foreclose on the lien. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. Also, liens estab- lished by enforcement boards shall continue for 20 years after being recorded. Although this legislation does not limit the type of code or ordinance which maybe en- forced under this system, it would appear that it would be a useful enforcement alternative for local government regulations such as zoning, en- vironmental, building and fire codes. It is anticipated that a number of local gov- ernments will decide to exercise the enforce- ment options contained in this legislation to better serve the public. Douglas M. Weaver is an Assistant County Attorney in Yolusia County, Florida. He re- ceived a B.S. and M.Ag. degree from the Uni- versity ojFlorida and Law Degree from Missis- sippi College School of Law. Prior to joining the Yolusia County Legal Department in 1980, he was Legislative Counsel and Draftsman with the Mississippi House of Representatives; Sec- tion Administrator with the Florida Depart- ment of Agriculture and Consumer Services; and Staff Director of the Committee on 4gri- culture and Citrus, Florida House of Represen- tatives. He primarily practices in the area of Zoning, Planning, Subdivision and Land Use Law. 1989 Legislation Affecting Local Governments Prepared by Michael Sittig, Assistant Executive Director and Chip Morrison, Deputy General Counsel, Florida League of Cities, Inc. State Mandates CS/ CS/ CS/ CS/ HJR's 139 & 40 is a pro- posed constitutional amendment to limit un- funded state mandates on cities and counties. The proposal will be on the November general election ballot in 1990, and should a majority of the electors vote in favor of it, it will create anew Section 18 in Article VII, of Florida's Con- stitution. The new section will consist of 5 subsections. The first section basically provides that a city or county is not bound by any general law re- ~quiring an expenditure of city or county funds Page 7 unless the legislature determines the law fulfills an important state interest and (1) the state pro- vides funds to pay for the local activities re- quired by the general law; (2) the legislature authorizes a county or municipality to create a new funding source that was not available on February 1, 1989, that in turn will generate enough money to pay for the local activities re- quired by the general law; or (3) the House and Senate both pass the mandate by a 2/3 vote. General mandates that require expenditures by all persons including governments (businesses, citizens and the state government) aze exempt, continued .. . ' '- • 1989 LEGISLATION jrorn preceding page as are state laws passed to implement federal laws that in turn spe~cally contemplate ac- tions by counties and cities. The second section of the proposal provides that a 2/3 vote of both the House and Senate is required to reduce current statutory authority for municipalities and counties to raise reve- nues. The third section likewise states that a 2/3 vote of both the House and Senate is required to reduce state tax revenues presently shared with cities and counties unless the House and Senate jointly declaze the existence of a fiscal emergency. The fourth section provides that laws adopted to require the funding of existing pen- sion benefits are exempt front the constitutional provision. Criminal laws, election laws, and reen- actment of existing haws and laws dealing with non-criminal infractions are also exempt. Also exempt are the general appropriations act, spe- cial appropriation acts (these aze state budgets and will razely be construed as mandates) and laws having an insignificant fiscal impact on lo- cal government. The last section authorizes the Legislature to pass legislation to implement the constitutional proposal. Code Enforcement CS/CS/HB 1210 amends and creates various state laws relating to the enforcement of local codes and ordinances. Generally, the bill codi- fies 2 citation process which have been granted to a lazge number of local governments by spe- cial act, streamlines and strengthens the current code enforcement boazd process and addresses several miscellaneous enforcement problems. The citation systems were developed to ad- dress concerns expressed by local code officials that the current system of code enforcement is so lengthy and complex that it does not provide an entirely efficient and effective enforcement mechanism. The first citation process permits code inspectors, after a warning, to issue cita- tions directing the violator to appeaz before the county clerk's office to get a county court date. The second citation process will permit local gov- ernments to designate code violations as non- criminal civil infractions and permit them to set up an appropriate fine. After a wazning, the code inspector may issue a citation directing the violator to either pay the fine or get a county court date from the county clerk to contest the chazge. The bill also clarifies that code enforcement boazds may be used to enforce any and all local codes and ordinances; permits municipalities to designate special masters to hear ordinance and code violations; streamlines the process and en- hances the penalties for repeat offenders; per- mits small local governments to establish 5 rather than 7-member code enforcement boards; permits fines to continue to run follow- ing the filing of a lien; increases the time limitation on which a code enforcement board may foreclose on a lien from 5 to 20 years; and permits local governments to recover costs and attorneys fees incurred in an action to foreclose a lien. Finally, the bill addresses several miscellane- ous problems. It permits local governments to enforce Florida's "Anti-Litter" and "Aban- doned Property" laws. It also authorizes the Department of Natural Resources to delegate to local governments the authority to get rid of derelict vessels clogging waterways. It expands the codes for which "inspection warrants" may be issued and clarifies that they may be issued if the local government satisfies either of the U.S. Supreme Court standards governing the is- suance of inspection warrants. Effective Octo- ber 1, 1989, Chapter 89-268. Group Homes CS/ HB 1269 preempts local zoning authority over group homes, and permits the placement of group homes, including those operated for profit, in all residential zones. It allows 6 people and staff in all single-family residential zones, and up to 14 people plus staff in all multi-family residential zones. Individuals permitted in group homes are aged persons, physically dis- abled persons, handicapped persons, develop- mentally disabled persons, and mentally ill persons if the mentally ill persons do not consti- tute adirect threat to the health and safety of other persons and their residency would not re- sult in substantial physical damage to property. Effective October I, 1989. Chapter 89-372 Annexation HB 540 provides that, under certain circum- stances, municipal annexation elections may be conducted by mail, and if they are, they will be controlled by the procedures enumerated in Chapter 101, Florida Statutes. Effective Janu- ary 1, 1990. Chapter 89-52. Page 8 ~~ Code Enforcement CS/ CS J HB 1210 provides flexibility to local governments in the enforcement of codes by pro- viding two alternative code enforcement cita- tion processes and by streamlining code enforce- ment board procedures. Effective October 1, 1989. Chapter 89-268. "Combat Auto Theft" Programs CS J H B 153 authorizes local governments to establish "combat auto theft" programs in which motor vehicle owners may enroll their ve- hicles by consenting in advance for a taw enforcement officer to stop the vehicle. Effec- tive October 1, 1989. Chapter 89-34. Contraband Forfeiture. CS/SB 354 provides that certain personal property and real property interests may be seized and forfeited as contraband; authorizes the seizure of real' and personal property ac- quired with contraband proceeds; authorizes the forfeiture of substitute property in certain circumstances; and requires local law enforce- ment agencies seizing property under the Flor- ida Contraband Forfeiture Act to adopt poli- cies and procedures governing the forfeiture. Effective October 1, 1989. Chapter 89-148. Dedicated Lands/Park Purposes SB 474 extends the provisions relating to dedi- cations of land for park purposes to counties. Municipalities currently have that authority. It also provides that funds accruing to a munici- pality or county from the sale of such lands shall be used for park purposes. EffeMive May 29, 1989. Chapter 89-28. Developments of Regional Impact CS/ HB 1460/ 1273 allows for greater devel- opment pursuant to a predevelopment agree- ment; provides certain changes in substantial deviation requirements; and proposes rules be drafted for abandonment of developments of re- gional impact. Effective July 6, 1989. Chapter 89-375. Environmental Regulation/ Water ReusejOn-Site Sewage Disposal System CS/ HB 990 provides for encouragement and promotion of water reuse; allows for local gov- ernments to make determination of cost benefit of reuse alternatives; requires water manage- ment districts to allow local governments to assist in developing and implementing local reuse programs; and allows local governments to condition development orders on compliance with a local reuse program. Also, the bill pro- hibits the use of on-site sewage disposal systems under certain circumstances for industrial uses. It also exempts replacement of pipes and cul- verts from stormwater permitting requirements. Effective July 1, 1989. Chapter 89-324. Ethics Legislation SB 132 provides exemptions from the prohi- bition against doing business with one's own company or entering into a conflicting employ- ment relationship, and requires the disclosure of material interests in any business, as well as the nature of the interest. This bill was amended during the special session to modify the defini- tion of political committee and delay the effec- tive date of the provision regarding certain statements of contributions to elected public of- ficers. Effective July 6, 1989. Chapter 89-380. SB 114 transfers the current anti-nepotism law to the code of ethics statute, which enables the Commission on Ethics to advise, recom- mend penalties and investigate violations of the law. Effective June 19, 1989. Chapter 89-67. Group Home Zoning CS/CS/HB 1269 allows the placement of group homes in residential zones. The bill al- lows six people plus- staff in asingle-family residential zone without approval by the local governing body, including those group homes that aze operated for profit. The bill overrides local zoning powers. Effective October 1, 1989. Chapter 89-372. Law Enforcement Forfeiture Funds Collected Under the RICO Act SB 190 changes the distribution of, and for- mula for, receipt of funds collected when a local law enforcement agency takes part in forfeiture of property under the Racketeer Influenced and Corrupt Organization (RICO) Act. The distri- bution to local law enforcement agencies, which may not expend the monies without the ap- proval of the governing body, is scheduled for legislative review in three years. Effective July 1, 1989. Chapter 89-102. Outstanding Parking Violations HB 734 authorizes counties to send computer tapes to the Department of Highway Safety and continued .. . Page 9 Ch. 89-267 3 1989 Section L Subsection (2) of section 125.66, Florida Statutes, is amended to reae~ _ _ - =' _ aai 125.66. Ordinances; enactment procedure; emergency ordinances; rezoning oral: .~natrcer-or,resalntiona :~ ;.;, (2)~ The regular enactment procedure -shall ,be as follows:, The board~_-of coin comm~sswners at any- regular or. special meeting may-. enact ur .amend any , ordinanp; except as provided in subsection {5), ~ if notice of intent to consider such nrdmance. ~s gives at least -15 days prior to -said meeting; excluding 3nndays and 'legal holidetys -A caA9 such-notice`shall be kept avaa7able #or ~'nblic' insoeetaon d~~rin~`the're~tilar.busines"~s ~-on~i ~,, Certified copies of ordinances or amendments thereto enacted under this regular e ment'procedure shall be:filed_with the :Department of State-by the clerk of-the-boas county comioners vRithin-10`days-after.enactrnent'by-said=board and'sball take e upon :r~iptxrf::afficaal.-scknowledgsne~nt' from: #hat office L~lsat said ordhnane lice ~ filed:-.: Howerner-any=ordnance=may-prescribe a--later-'e#fecttve date- `~- - -S~CttRn ~,~tns`aie~sb~,take effect~-uppn lming:s, )tiw s ,,,; -i-. ; !~ ~.tH@~o'tta~?J`S ~I!189ass€ ~'xt+~ntsr`t a~~aT ~~t,~>L;~i_ _; ~ Y$.v `` "S #.Tt 6t " 1 E. •~ ~?+'i ~~'3 srNi der} i .+ i'+'4' An ~ z . -itrf ~yx :, _ ~_ _ _ F _ .~ ~ ~+ _ ~" --"~ _ -_ _ ~ nF~ CODES:; ~- ~,: ~.' ._. _ ..~v~._s~~.s'~~.wAND ORD)<NANCES_ . ___ .. `: ~, ~ u ,,.~ - ~~ 89-288 ., - _,.,.r CommitEee-Substitu~e for- Committee Snbstrtate-for Aause Bill Nos: 1210, 1474,1 J .. _ t ~~, - ;. .rJ 24 {x ltd, ';,?x i ~.~' ~- .r:: ~r t4N. A('e, 'relating .ta ,loeai° ~arnmee$ ter ~8$.9Z;; i~`,,,$., ' pe+0/iding that. anJ~ codtlr~ ,_:ordi~ea._map.bc~enfor!ocd by loss! a~~enforoea~nt,bum'ds.ander~l Govereuaeat Code ~dorcement BoaeA~ amending s: 162.83. b'.3: l~~i=~ ties and : mnnldpalitks _ may adopt re~ieett''syste using" titeraatke cods ento ms p K,~s a~ n~ershi~p of ood~oaeement b~osrdas;- 182.06, F.B.; ~providing eiuthority of the code inepeefori}nd,•enforcement boards with to repeat vlolatioees; amending s. 16z.OT, F.S., rehetin8'to hearings, to conform; ~ that certain 'baard.°orders.mag be Sled: in.tlee=ji~lie'rEdoirds~~the ~nniy ' effeet'thereo>: amendin6 s. 182.08, F.S.; revising provision relating to subpoena powe~t lbards;~ aeeeading ;a • 182.09,. F.S.; p=oll ~ Zo: "$nes: for repeat .violations; suthorb boards to reduce fines; revising provisions rung to enforcement of liens for fines Lnpa providing dneatiou~ot lineelsrevtl~e>~itno; wieiciyforecioaare is sutiwrb amending s. 162.10, $.9:;- eteaediea tlid dnratio~a°ofliena; pcovldieig for rncovery of costa attorney's fees :by the pre~ailieeg party ~ in salons to foreclose; amending s. 182.12.. revising provisions relating to delivery'=of'fldtioe,-` creating a 162.21, F.S.; sutleoris counties and municipa8tiea to designate code enforcement officers to enforce codeb ordinanee~ authorizing such officers to-issue'citatianfov violations and providing ~ mente with respect thereto; specifying effect of failure to pay a civil penalty or coats ;olm~, pravid~g,nts-.irictuding''~,.regarding codes:•aad~ seances tD be snfoe~oed oader saiion4 prrevWfng s.~eenaltF tor-~retusal to socept:a a - amesidierg a.~:125.69,~: F.$:; aeed•-ee+eatMg«'a,=168.0415 F~==.~atf~oriziYep bo~ards'`of commissioners and governing bodies of municipalities to designate code inspectors;' ing for. issuance of dtation for violation of county or munidpal codes; limiting dufJM~ each code inspectors; .providing ezdnptidnofrpneseee~rsquit+mnents; amending & 1~~+ ~3~6- ..~tn~~ae.:;iR.:.~aa~~~aetNiae~~b~r saiwsua-. dr .f a-...i- a _ '~~, 1989 BEGULAB ~ SESSION V iII.Ait SESSION CI1:.89-268 lorida Statutes, is amended to read; ,~ - _ ` - ' -ding duties of 'focal' governins'bodies with respect 'to designation of employees to -- - the Florida Litter=Law; providinsthat county and mnnidpal employeerwhaei~~duty urgency ordinances; rezoning ordi= taRnsnre-eodce~omplianoe or enforcement..ma7.enforce,tLe Florida:Littei I~tw,aaRkh _ . restrictions; amendi~ s. 705.101;.. ieiating to abandoned property, to ae~or~ e as follows:. The board . of noun t9 s.' 705.1016, F.S.; providing that county. and municipal employees whose duty it i8 to d en nay enact or amend any ,:o;^dinance, co e compliance or forcement may administer. provisions =elating tb lost=or ,., , red property, with; ; r+eetrictions; ::amending s. 82411; . F.S.; suthaeii~~.f~he . nt tq consider such grdmance is given . nt of Natural Resources tq delegate to. a county, or mpnicipality its po~gra~ ndays and legalholidays,=- ~j eo of ' on'durin '-the' ' b red or derelict vesseta; siaending sa. 933.20, 933.2$; ..and 933.26, F.~.; ~ ' Y . - usu-ess flOU1g wl~eh authtwipte : tKe iateta~ta-af iiispection._wsrrattf9s-'.it'ith`.respeet~fQrnbec~fkd _ _ __ ns to include violations of additional county and municipal codes; revising-= ii:. . . _ •. v rvihich specify when cease is deeiged to eziat; providing, af- .egective date. "` .__. ~ 4aomvos- tlvt:e v 'ea0 e='i'!b~/' to enacted under this regular enact' 7Enacted by the I.egitlatuie'of fhe.5~tata'of Flarlda. ". ` `. ~f State-by the-clerk..of-the board of ~ 1: Section 162.02, Florida Statutes;`-is amended-to read:- - t by-said=board aed sl3all take-eff2cC- ~,. - .~. . - : ~.~, .> b . office that said ordinance has been- • . r effectwe date- :. __ -~ " _. _ - - - _ ..... _ . s.. x ~ ' - ~ ~+ > enaet$d_ r::sisd a se ~ te- book of ~' .fntent' of tbis 4sa promd ' pi'oteet, and-improve tl~e'-h~eaWr, ~' at~rki~ fl #~e c0u~it~s' and :muni ip liti ` o~~ ~it :b t ~ ' ' gar coon . commissioners-but ~ , e ~ _ _ . c a es . s~s: e a y a n - .. boat~ds-~vith;suthortty~bo unpose~sdxn~miatta'kave ` s c n nrm e reRn usmesa- dmanceas' l~f -tea ated --~ . ~4 provide, an egtutable,~expeditwus, effechYe,~,:aud,z~~e ra : t heeode d zd ffi f e c ~ ~~ ng ~ s o an mancea: orc •.}n~, pW~esvand-mgs~ll ~ i :_ 3 S4iJ {- --- - - ~ g ~ ~QI}~iltlieHrf~ ~~~' ~peat~ ~+il~~ ~ . - - - - - ~-, c `a ~ ~ 3 L ~ ~~ ~' - ~ - .. Subaectwn (2) ~` f s t i62 03 Fl . o ec aon , onda-:Statutes,, isr amendet~ ti ~ ~;l~ - - T p ncr~> _ '.`1. t:. ~ .~.4 ~<! ..'?t 1~'r._p.~,f >., ..r r :.li'? .sau °;'ta,~t~~IIF~~~'1# w.#~ S'. yam} EMEN'!4 pF CODES ~ X; ,~county.;a~"~nonchsr6er.: :off ~m ~ 4muy,.by;ardinant~:t~opt ;$• _ :id ` ;code. °eIIforcemeut, system: w ' : gives; es~ ::boarti~i^+or!xa°.~ ~ _ '~ -msat~ra=d b3~;the local 1~orerainsr•bod~i:mc both„tb,~~+ ~~ .. , 8'g:end asaeaes agamst,~o~:tbe<rest>e~ve°o_onn :orm ._ -. ~., . s House Bi11 Nos. 1210, 1474, 1484-'~ .. fit' ~ Snbaectrwn::(s~ is added: to sec~on 162.'(!4, Florida. Statutes;. to read: „~' _ . ~i i F.S.. ~ovidiag that any codes asi ors ~ ., ` .enfi t boards~ander.the l~oot~ 2•~s F.S., .Pe'q~ding that ' ~' ss 162.01 I62 I3, the term ' >.r ' ... ~ _~ . ~ ' l~ ~ ' enforcement systems using s . , r. „r. ~ a,t . R„t, -_ s; SL+:fr >•> ~ ~. 31i violation means' a v~ojation of 'a rovision of a ~ code or. ordinance•:b .a . +iolatliOa":°'ansiiling s. 162.Ob, ode enforcement boards; , e e e orcement reviousl our to have viola a same . e and-enforcement boards with - to hes in s, to c i i fo ~ ~ on . . .. . ,. r : ; is amended" to read: _ . -.: ~ _ <? t .. ~ , : ~,~ Section 162:05,"~'torida Statiitea . r s on rm; prov eoOrds=~O1f~the~Eonng and•sptdiyi~^ , ,ions relating to subpoena power d r' :~L r~,;•' .. ~:;.y ...^:;:3 ...:.,,~~ government code enforcement boards, o izaiion r 11 ~ 3 fOrrepeat viOlatiOn9; anth0 iforcement of liens for fines im t ~8 ~' ~ '"5 ~ * #` x. ~ P "4. Lt ittir'... .; : i<+. c°~ ' .f; < ~ Y~!'e~,. overn~n `•~od, ma '1 - ode en#~e ~~ ~ , ~` F -~pP~ pre qr mqr~ ~a & , » C fter ~t-hic14 foreelospre is sutho • o idin s ' fo r ~ , ~ ~, counsgl for e~g~~u~ . -The .~ _ - .. ~e - u ` } ~ pr v g ecovery of cost as r foreclose F.~ 12 amending s 162 t11C1 - ; ~ fatiOn .0~ ess• q~ns -ma ; 8 t .'br seven-rri i ` o , , . . 'eating e. 162.21, F.S.; suthorisiag _ e n r e ; ment? Q 1 overnm ..o .a mnniCi ~_ g' j1 . .On ua to `or ; ter ns sment officers to enforce coda for violations and providing req . . , . 'seven=mem ` Y ' ' e .e orcemeist= e' overnm ~ ~ma .: • = , ., .,. , to pay a civil penalty or contest moo ternate ~ is or"eac e e -once ent' to.serv ,oft. e: ,iremeMs, e+egariding codes and salty fortehusat to aoce t a ci p ence"- O niem rs _ _ . ' _,, .• ` " ' Y r` .' ; of the; enforcgtt~ttt..boa~rdg ;al~dl b!e res~denta Q1; the municipalit m the° '•sN - rizlr-g °f '' d ~ code ~~tOm' , : y : ` . -enforcement boards, or resulepts of the .cpuAty„ m tbn case;-qf ~csnu~styr t o ' municipal codes; limiting duties b ars. Appointments ahalI~be,made in accordance wltb applicable Ia~P aqd ' regniremente; amending s. ~ the~-basis of ex~fenellC~ol[~iereaf,'*ll the°sttb - = 'tom , ction• e ' ` ~ , enforcement=board'. .- a mem ;..bY.sMkssals- AddiMoia' in text sn ii~a~atee-tn°~` dsl.uo~a" bq snilaserl~ 136T C~1. 89-268 1989 REGULAI l:' of each enforcement board shall, whenever possible, include an architect, a. bnsinessm an engineer} a general.gontractor,,a subcontractor,and a.realtor: ° :.;; 3 a The initial appointments to aseven=member cads as enforcemenC board shall as f ~ _ _.. , . .. 1.~ Two members _appointed for a term of 1 year. each..' ...:.. ... , . 2.~ ~ Three ~ members appointed for a term of 2 years each. ~ - .. . _ „ :. ., 3.{sj Two members appointed fora "term of ;~~ years, eachlsJn. - .. _ ...._ ... 7«.. ,. The=.ii~utial _: .~ , . ? ents~ to a.:five-member- node -enforcement board ~~ahs11- be .... 1. One meriiber appoiiited~~fo7 a term of 1' pear :°` '~ . . 2. Two members appointed for a term of. 2 years each. 3. Two members appointed for a term of 3 years each. r .,~ ~g-~.,.r- -~- e'i~'f'fiet a county or a municroality that has a population of _ ~ A member ~ns~be reappointed upon approvai:iif~the iocalrgove~r~-gy~ ~~ :_ -~ An~nppofiitment ~a'~i"ill st-y=vsCaricy' ~nri''sa :enforoement bosrd~a be "tor remainder=df~the~'term'of o"ffice.'~f'h7riq~~mienfber'f~ls #a~at~~t~vo bf tl suecesniv~=noreeti~gs-.-~~canse= and *if#l9but prior i-pp'i~ovat~of ~t2iee'c~-airnmaii,' enforcement board shall declare~enn '~i~ad-the`~a~i'e4imi$"'6 Shall"~rOA111~11.t. t;b!'lCit }.rrr:i1; ftt7!~~3E ?t,` !a} ;;+^~~StiilLi ~•!•:', The members shall serve in accordance with ordinances of the local governing t an may be suspended and removed for cause as provided in such ordina'for rem :, ,, , The:~emb~s;:r~n~or+eemeat ~oardT ahall.~iecC~;~- ct~i~ aathe =at-a11.1 votingaiiember~~nom: the:~members;.of°~the~ boar~L' = Th+e presence of'four'or n members:shall,~nstitat~~_a_quoranr~of::ang:: seve~„~me~b~-enforoement~board, enforcement board: Members shall serve without compensation, but mag oe reunou or such gave,, ml,~agp,; and,-per..diem~. Qxpeneea;;a$_a~paY be authorised ~by.:the.;: governing body or as are otherwise provided by law. ~5~ The local governing .body attorney shall either be counsel to.;an:~enforcea board or .shall represent... the municipality or aunty,, by pressntin~ ,cases ,before enforcement board, but in np case shall the local governmg, body attorney serve in; .~.( s~s>..ly -i~zh ry ~-t~;fj :t a.: ... t a iixz s" 'd.. ca~-a ..+'i;ffTh ~t~.K .i~ ~'.t . fsi I ry~ycnr. ~;.[; z , *s~kS:'_` ~;FA`:^ . _.. _i _.ix i 3 J(,S7 is renumbered as aubse~ton (4);:and a new 162.06. ...Enforcement. p~rocednre '~+}z_"3xi:~:_?;'S3 - 4ii<? to zbseetion~.(8) is added to said section, _ r - ... _. .. , .. __. aeetiaa (~) and (4)~:if a violation of, irhe.eod The- code ~ rafo~~-a ~r~;~ `'throug~i'~ita c1e.Y' $t~,`"$I~a'll schedule a ~-hearinF written notice of such hgarm~ ;shall be.hand delivered or-~sTed asprovaded in a 16! said vioiator.~-=~lt`#~-e'-option-e~the-code'enforcemen~--board; noface;~aay-additions served by pnblioation~i-r-posting' ea-provided-in a 162.1,2 If-the-t~iolatioi;,s;.correcte then recurs or if the violatioir is not corrected ~the•time; for correction'1 code ins by a peetor;'the terse=aiay~lie'~5resented toFthe erifforceitidrit bosrid even-if the vic has been correCtedp~tior~tKtttte'baai~d hearing`and,.the notice'e~all~~o state. ~,; (3) If a repeat=violatiln is found, the. code inspector shall notify the violator bud ~, regui to ~i~*e~-theRv~e-~ reasons ~ ee.tune ;to•~~correct evio~tio 1368_ ~eaYw~ M ~ sn ~wtaaa ~. ~ +~..~- ,z.~. _, Y 1989 REGIJLAIt . 3E3$ION le, include an architect, a businessman, r, ..and a realtor. :.- : , .. giber code ae enforcement board shall be ~~ _..: -ear each. , years each. -.. ~ • ears each'., ; ` .. code -enforcement board •.ahall: be as srs each. ira each. .. term of 3 years. ~ . znicipality that has a population of less! de enforcement to ive members office of two' memhers~ o - e al of the: local =gavertEing• #~od'y: -• ~',se enforcement bosid=~sl be-°for the'.: y member f9rils a~n~ two of threev priotAilpg~-sl~ o€ -the•~ ~cl~sirman; ~}l~? a ordinances of the local governing b rovided in such orduiatieeo for remo ,. ^~-- .s,~..... hall:_eiect~a-ctharman;ywho-shall be-s+ board:: =: The presence of'four or more+a `nf~ as may. be authorised • by -the. sots!, ~w. either be counsel. to:~an.:enforcemet unty by preaentin~rc~ses before ~overnmg, body attorney serve w. both ;' Tr ..: 1 da Statutes,: anger-ded,,snbsectaon ion (3) ~s added to said section, to .. (3) and (4 if,,a violatwn of,,the codes ,r ;and give; ~m a reasonable tines beyond pte 'fame specified ,. rcement board-a'n't~`~i~equest-~ hea'ru! f staff; shall ~, ache~ale a hearing, .s~ red or nsiled as provided in s. 1621 ..... ._ 62.12. If the-v~olatsonris`a ~he~ time' s~ecifeed for'corre board even-if the viola `~IialI'eo_state.; . ' to correct. the violate _ __ nai a.l.ue~ hr ~a~a.~.-. +?ia ~~~~ Pal'/, t 3E33ION the violator of a a Ch. $9-268 i an• - --..._....,, ...... w......,....,., ~.......~., .,,,~.,~. 6.. ,. Subsections (1) .and (4) of section 162.07, Florida Statutes, are. amended to ,. _ _ ._ _ vPAduct: of hearins . > ~ .. , - .. _.. ._ ,._ ., .__. ~! _requeat of the' cede inspECtor, or'at such other-tames as may be necessary; the ... , #~ an_~nfbrcement board: may :call a~ hearmg of an=enforcement boari)i-,a ,hearing k1e called by writtezr'notice~signed by at }eastttuee-members of s'sevenmlfer ~t board or si` ' ed•Ii- at least "twa members of a five-memlter-aa e~ment shall be ept o earinga "-y a orcement o and'alY hearing~s »l~ga shalt=be=opeti'~to''the public. • The Iocal'governing body siS~t~ue id administrative personnel as may be reasonably required by•eachYdertrent the proper performance of its .duties.:. , .. ~~ ; .. ~ ~ ~~'< ~e conclusion of the hearing, the enforcement board shall issue findings of•fact,. .ipidence of record and conclusions of law, and shall issul' 8n'orde~'i~i a~2~ ~to dose ~ I~ Y~8 ~Ft~~t#-axf emu;: aa~+TO;]ssuerstlcs! SII<02'QB~ SCI~DWlOQR1n~F~AlianCe r ... ~ _4a:r s ?:-•,.•::. :Sirbs~ecteon(~D'of+,~aection~'~62.08;''Florida' StsEiitks;%'is`amerided-6(i~~`r'esc~' CA r >~>• 1 -:~"~ era '`:~. RL .;7 !l+'f t.r .: ~ ~ `_ 7 i .a,. , a-s +$i ..-~'d t ";.t x._ty.x'., 'r s;{ L f '~ .t ,- tr '+`. fers -of enforcement=beards _ _ _ r . _ ^cement board shall have the power. to ' ~'~~!e _ 3 _ ; ~tf 1-, ~.' :, + ? u -Fit '~ t .r X34 e ' } ~; n 1,l2.09t~io>zd~ Statautes= ~s mended to.read.,,. , . ,~; _ . - ~ :• 1 ~~~~P~['C'$,41•.E'LA-^.l t. i.£ ., I.an.:1l, i_. ~.L ,.:'.If't'f, l 1~>_ _. x. ... r3~: '.>~?..11. '~^oeraeat~aard~u notifieat-on'by the'e6de irispecto*"that ari oide~r-~of the ~C-alZd;~s.~ot QQmp(~e~r~vath: b~ .the ;set;.#~me or::upon;fi:that-a a violation or a e of'tlie order a~asnau~noti-exceea•~tw-per`t1aY'~or a-repeat violation,. ~ '_ ~ermining the amount of the fine,- if any, the enforcement board shall considei_ .. .:e. .. y.. .. ~ ~._. ~- ; ~gsatity-iif't~Fie violation,. '' ' ~ - `?~•~ ''' Ad~oa:`fe `bncZ~ fir' ~saiaiia~ by 'nnanga.c _a~.uoa. tier sb8aer~ I`~s9` v Ch. 89-268 1989 REGULAR, BTSSSION 2.(~ .Any actions taken by the violator. to correct -the violation; -and. . 3.(s) .Any :previous violations-committed- by the violator. ~ _ (c) Aa enforcement -board may reduce a fine ~iznposed yursuant to the section. (3) A certif'ed copy of an order. imposing a fine map be recorded in the- pu191ie records and thereafter shall constitute a lien against the-land on which the~violation-ezissts and upon:any other real or personal property owned by the violator.: -Upon petition to the circuit court, such orderT-a~-it 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 order shall not be deemed to be a court judgment except for enforoement~ purpeees. A imposed pursuant to this part shall continue to- accrue until .the violater rnmc~ ;n+„ ,, which remams":un a orcement board may ..authorize the local governing body attorney, to foreclose on the. lien. No lien created pursuant to the proves, of this ~t { ~ may be foreclosed on real. property which is a homestead under s. 4,. ~-rt,- % of the State. Constitution.. _ ..., -; _ ., - . , ~ ; ,., , . ~ .: ..~ Section 9. Section 162.10, Florida Statutes; is amended to read: ~ , ,. -• _ v r .. y ~.. _ . 3.7 ~ 162.1Q:,.Durs}tion,of lien .~: .. , . _, ,• ..:.c ~ ~ :. ,.,, ~~a .=f =•No~ lien provided-:under the Local: Government• Code. Enforcement "B`oards Act shah continue~for ~ period longer:than 20 6 years after'the-oer6fied co of am br~der ' a-~ne_-h~;)~@A:.d '.unless wittiit~.-that~:#ime aa:n=~to-py ed.- fireeloee.~ia the hen ~I; ~ commenced h1~ a; court ~(-fl~ompeteut ietddi;t ' iii'iin-.actidn" tar~oieclo~'`br!~~r 7len, they cons~cle~tio'R FlfLtl0~H6'nottce, unless.s nonce.-df_~s- r~oorde~' :._ _ Section;~0 Sectiba~162.12; ~Lor~ S,'~`a~te~s - n~ coed ~ re$d. ' t ~ - ` ~ n~ , .. _ an4ep :, 1.82.2 -i~otcr~a.- ._ ,., , . .. : ~ ,, . . ~ - t +: ~ - ~~ ~ ": ~' '~(+ }rte .IIOtu~s=:~eglncecl<$Y'tbm ~rG~;aet- s~aU be 'It~vic~~=tb d bi0'lator, ._. ~V certified ~ mail; return reeeipt regueat~^ b3* _~tand rl~liv_er~: ~y .thy ~ sh~ri#f _or'~btfier last's enforcecent:officer,~eodc,-}nspector,~or~othe~;persondesignated bg'the°local goveruuig body; or by Leaving the notice at the violator's usual place of residence with env cerson 9 residin therein who is sal~pve,1~; yg~tsQf. age>~ isiifornwpgt such person, t e contents of the notice. (2) In addition to providing notice as'set'~ortli m subsection,(lf, at~the o~tagn of~the enforcement board, notice may also be served $y=-publicataon oil~postuig aa' follows: (a)I. Such notice 'shalt'he published`'vnce difrmg eac~t- `week-flsr 4' cdnsecahve weeb (four publications being sufficient) in a newspaper of general ,circulation in the coin-l1~~~ where the code enforcement board is located. The nevvapspei~ 13halt meet` i3ii~~ requl~ meats. as,are prepcrbedr~ender~rhapt~.;50 for legal and"officiak.advertisements. :. 2. ,. Proo€. of-publiGationashall be =made aa -ptotided ~ln ss'S. 0.041 ~snd •50.051 _.. ~ , j (b)I' If `th~era~'~niY'aewsLfliper°o# generat=~mirenlation in"the ooanty where .the ` a enforcemerit`~~~ooa~d,~]iree ~pies~~ such nofxk'-$li~ill }~e pps~cl~#4r at Ieast days in t1~ee different-'sud~spic~o'~us-"placx~ 3n sueh'co~tq,~'one af'tvhicl'i sliaU lie at ' front door`_ot~'thenou>~lioi~e msaid-opa~nty .~ ~-. _ - ~ ~ 2 P'rooi~ of posti~~'s'hali die bX af5davit of the^person`'postmg, the'noiace,:.wb ... afficiavit'shall incfudc ~ co.PY-of the no~ee Ifosted and the.date and y ,,>u ~ Pis ©f itsl.P'E_ (c) Notice by pubhcation ,~r ~postmg .nay.„run concurrently y~ntii,,,ar ppay, follows ~! " attempt or attempts- to 'provide: notice. by hand dehve~ qr.-;hy mail;gs:.required ~uu~±° subsection, (1) _ _ __. ._ - _ _- ,,.. - , Evidence that •an attempt hasbeen made to hand deliver or mail noticee• ss provided subsection (1), together with proof of publication or posting as provided in, subsectwn: 1370: ~. _ ., Additloia is 1M en .,,~C . aedNl~t ~ . tUYe!esht,