Loading...
HomeMy WebLinkAboutO-2002-034 ORDINANCE NO.2002-034 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, REPEALING THE PROVISIONS OF ARTICLE III OF CHAPTER 2 OF THE CITY CODE OF ORDINANCES ENTITLED "CITATIONS FOR ORDINANCE VIOLATIONS" IN ITS ENTIRETY AND CREATING A NEW ARTICLE III OF CHAPTER 2 ENTITLED "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES, CITATIONS FOR COUNTY COURT APPEARANCES", IN ORDER TO EFFECT A COMPREHENSIVE REVISION OF THE PROVISIONS SET FORTH IN SUCH ARTICLE AND CHAPTER OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the provisions of Article III of Chapter 2 of the Code of Ordinances of the City of Dania Beach, Florida, which Article is entitled "Citations for Ordinance Violations" are repealed in their entirety, and new provisions to be placed in Article III of Chapter 2 of the Code of Ordinances of the City of Dania Beach, Florida entitled "Supplemental Code Enforcement Procedures, Citations for County Court Appearances" are created to read as follows : "Article III Supplemental Code Enforcement Procedures, Citations for County Court Appearances" Sec. 2-50 . Definitions . As used in this section: (1) "Code enforcement officer" means any designated employee or agent of the City of Dania Beach whose duty it is to enforce the ORDINANCE NO. 2002-034 1 Code of Ordinances of the City of Dania Beach . Specifically, for purposes of this section, employees or agents of the City who are designated as code enforcement officers are code inspectors and law enforcement officers . (2) "Issue a citation" means the act of writing a citation and charging a person with a violation or offense . (3) "Service of citation" means the act of serving a citation upon an alleged violator or offender pursuant to Section 2-56 . Sec. 2-51 . Issuance of Citation Authorized. (a) A code enforcement officer is authorized to issue a citation to a person, when, based upon personal investigation, the officer has reasonable cause to believe that the person has ® committed a civil infraction in violation of a duly enacted code or ordinance and that the Broward County Court will hear the charge . The person may be cited to appear to answer, plead to or otherwise defend against the alleged violation of the ordinance . (b) Prior to issuing a citation under the supplemental code enforcement procedures for any violation upon the property of the violator, the code enforcement board must have first entered a final order and a supplemental order/claim of lien against the violator for the same provision on the same property within 5 years prior to the violation . (c) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a ORDINANCE NO. 2002-034 2 violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation . Such time period shall be no more than 30 days . (d) If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. (e) A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a notice to appear citation, and may immediately issue a notice to appear citation if: 1 . a repeat violation is found; 2 . the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare; or 3 . the violation is irreparable or irreversible . Sec. 2-52 . Citation to contain facts constituting reasonable cause. The citation shall incorporate the particulars of the offense including the date and time the civil infraction was committed, the facts constituting the officer' s reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and the number or section of the code or ordinance violated. The particulars of the offense shall serve the ORDINANCE NO.2002-034 3 same purpose as an information, which is used in criminal proceedings . Sec. 2-53 . Form of citation. The form of the citation, setting forth the particulars of the offense, shall be in substantially the following form: IN THE COUNTY COURT BROWARD COUNTY, FLORIDA CITATION Issued on this day of 20_ at a .m. /p .m. to . OFFENSE employed by the City of Dania (Name of Issuer of Citation) Beach as a Code Enforcement Officer, says that on the day of 20 , at a.m. /p.m. , the above-described person to whom this citation is addressed, did unlawfully violate the Code of Ordinances of the City of Dania Beach ordinance no. , by committing the following offense within the corporate limits of the City of Dania Beach, to wit : • ORDINANCE NO.2002-034 4 If you elect not to contest the citation, the applicable civil penalty is a fine of $250, which must be paid within 10 days of the date the citation was issued. Payment is to be made to the Code Enforcement Clerk, City of Dania Beach, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 . If you choose to contest the citation, you are hereby commanded and directed to appear at the South Satellite Courthouse, 3550 West Hollywood Boulevard, Hollywood, Broward County, Florida at a .m. /p.m. on the day of , 20 , to answer, respond to, plead or otherwise defend yourself against the above citation which charges an offense under the Code of Ordinances of the City of Dania Beach, Florida . The applicable civil penalty if you contest the citation and are found guilty of the violation stated in the citation is a fine of up to $500 . Each day a violation of the stated ordinance continues shall constitute a separate offense. (Name) Code Enforcement Officer, City of Dania Beach IF YOU FAIL TO/ PAY THE CIVIL PENALTY WITHIN THE TIME ALLOWED, OR FAIL TO APPEAR IN COURT TO CONTEST THE CITATION, YOU SHALL BE DEEMED TO HAVE WAIVED YOUR RIGHT TO CONTEST THE CITATION AND JUDGMENT MAY BE ENTERED AGAINST YOU FOR AN AMOUNT UP TO THE MAXIMUM CIVIL PENALTY ALLOWED. ORDINANCE NO.2002-034 5 I AGREE AND PROMISE TO COMPLY AND ANSWER TO THE CHARGES AND INSTRUCTIONS SPECIFIED IN THIS CITATION. WILLFUL REFUSAL TO ACCEPT AND SIGN THE CITATION MAY RESULT IN ARREST . I UNDERSTAND MY SIGNATURE IS NOT AN ADMISSION OF GUILT OR WAIVER OF RIGHTS . IF YOU NEED REASONABLE FACULTY ACCOMMODATION TO COMPLY WITH THIS CITATION, CONTACT THE CLERK OF THE COURT AT THE SOUTH SATELLITE COURTHOUSE . Signature of Offender Sec.2-54 . Modification of Form. The above-described form of citation may be amended or modified by the city manager on condition that any amended or modified form should contain substantially the information set forth in the recommended form provided in section 2-53 . Sec. 2-55 Who May Sign and Serve The citation shall be served by a law enforcement officer or another agent of the city who has arrest powers . Sec. 2-56 . Manner of service; filing with court. An exact copy of the citation shall be served by personally delivering same to the person to whom the citation is addressed. After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with the Clerk of the Broward County Court . Sec\2-57 . Refusal to sign and accept citation prohibited. Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in Section ORDINANCE NO. 2002-034 6 775 . 082 or Section 775 . 083 of the Florida Statutes . Sec.2-58 . Supplemental means of enforcement. a) Law enforcement officers may issue a citation, a summons, or a notice to appear for violation of municipal ordinances as provided for in Chapter 901, Florida Statutes . b) The provisions and procedures contained in this chapter shall be in addition and supplemental to any other remedies now existing or subsequently provided for by law, for the enforcement of municipal ordinances of the City. Nothing contained in this section shall prohibit the City of Dania Beach from enforcing the Code of Ordinances by any other means . Section 2 . That except as amended above, all other provisions of Chapter 2 of the Code of Ordinances of the City of Dania Beach, Florida shall remain in full force and effect . Section 3 . That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict . Section 4 . That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance . Section 5 . That this ordinance shall be in force and take effect immediately upon its passage and adoption. ORDINANCE NO.2002-034 7 PASSED AND ADOPTED on first reading on June 25, 2002 . PASSED AND ADOPTED on second reading on August 13, 2002 . ROB RT H. CHUNN, JR. MAYOR-COMMISSIONER AT EST : ROLL CALL : COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES �4RLENE J H SON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO _FOPK AND CORRECTNESS : • BY T' THOMAS . 'ANSBRO CITY ATTORNEY . ORDINANCE NO.2002-034 8 LAW OFFICES RYAN & RYAN, P.A. THIRD FLOOR 700 EAST DANIA BEACH BOULEVARD DANIA BEACH, FLORIDA 33004-3090 ARCHIE J. RYAN III TIMOTHY M. RYAN TELEPHONE(954)920-2921 CHRISTOPHER J.RYAN' FACSIMILE(954)921-1247 HOWARD E. ENRIQUE JOSHUA S. PINSKY "Board Certified City, County and Local Government Lawyer August 8 , 2002 Ms . Charlene Johnson City Clerk City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33304 Re : Supplemental Code Enforcement Ordinance Our File No. 18197D Dear Ms . Johnson: • Enclosed is the Supplemental Code Enforcement Ordinance with two revisions added subsequent to approval on first reading before the City Commission. When this ordinance was taken up on second reading, the commission tabled it and instructed the Code Enforcement Board to review this ordinance and provide comments before final passage . The first revision is found in Sec. 2-51 (b) , and was a recommendation of the Code Board. The revision states that no violator may be issued a citation unless the Code Enforcement Board has already entered a final order and a supplemental order against the violator for the same violation . This revision is consistent with the ordinance' s intent that the Code Board shall be the first forum for municipal violations on property within the City. The second revision located in Sec. 2-58, clarifies the existing authority of law enforcement officers to issue violations of the municipal code in County Court proceedings . Our law enforcement officers are currently authorized to bring municipal code violators in County Court under that portion of Chapter 2 which is being repealed. The type of violations brought in County Court generally consist of loitering, open container, road side • sales without a permit and loitering for purposes of prostitution. The presentment of these municipal code violations in County Court Ms . Charlene Johnson Page Two August 8, 2002 will not be changed by the Ordinance under consideration. Please schedule this ordinance for second reading on the August 13'h City Commission Agenda. Thank you for your attention to this matter and if you should have any questions, please do not hesitate to give me a call . ry oArs, TIM HY M. RYN- ruly y TMR:pb Enclosure • • CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commissioners cc: Ivan Pato, City Manager Laurence Leeds, Growth Management Director Richard Bettor, Code Enforcement Chairperson Timothy Ryan, Code Enforcement Board Special Counsel William Johnson, Code Enforcement Board Inspector ': • Gloria Brandes, Code Inquiries Charlene Johnson, City Clerk FROM: Tom Ansbro, City Attorney DATE: June 6, 2002 RE: Proposed Ordinance Relating to Supplemental Code Enforcement Procedures and Citations for County Court Appearances Attached is a proposed ordinance repealing Article III of Chapter 2 of the City Code of Ordinances and creating a new provision in Article III entitled "Supplemental Code Enforcement Procedures, Citations for County Court Appearances". The ordinance is updated to apply to the code enforcement procedures for both "issuing" and "serving" citations, which citations may be contested in County Court. The provisions of the ordinance, as authorized by state law, would be an additional and supplemental means of enforcing the City's various codes. This ordinance is now ready for City Commission review and adoption. TJA:slw Attachment F: 566001:'memos:/N1ayor&Comm (CEB) SUN-SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA ® BOCA RATON, PALM BEACH COUNTY, FLORIDA MIAMI, MIAMI DADE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF BROWARD/PALM BEACH/MIAMI DADE BEFOR E U E GNED AUTHORITY, PERSONALLY APPEARED WHO, ON OATH, SAYS THAT HE A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED NOTICE OF EARING PARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED BEFORE CITY COMMISSION NCIITY OF DANIA BEACH FLORIDA,REGARDING IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE PROPOSED ORDINANCES OPTION OF THE FOLLOWING ATTACHED COPY OF ADVERTISEMENT, BEING A: NOTICE IS HEREBY GIVEN that the City Commission ofl the City of Dania Beach,Florida,on July 9, 2002,at 7:00 p.m.or as soon thereafter as the mailer may be CHAPTER 2 heard will conduct a public hearing in the city com- mission.Chambers of the Dania Beach City Hall, 100 West Dania Beach Boulevard,Dania Beach,Florida to consider the proposed adoption of the following Ordi- IN THE MATTER OF: nances entitled: AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- OA,.REPEALING THE PROVISIONS OF ARTICLE III OF Chapter 2 CHAPTER 2 OF THE CITY CODE OF ORDINANCES ENTI- TLED'CITATIONS FOR ORDINANCE VIOLATIONS'IN ITS ENTIRETY2.ENTITLED "SUPPLEMENTAL CODEICLE OF CHAP- TER ENFORCE- IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE MENTPROCEDURES,CITATIONS FOR COUNTY COLIRT ISSUES OF: APPEARANCES',IN ORDER TO EFFECT A COMPREHEW SIVE REVISION OF THE PROVISIONS SET FORTH•IN SUCH ARTICLE AND CHAPTER OF THE CODE OF ORDI- 6/28,1 D NANCES:PROVIDING FOR CONFLICTS; DING FOR 10963908 SEVERANCE FURTHER,PROVIDING FOR AN EFFECTIVE DATE.DATE. AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- AI CHAPTER 22 BY CREATING ARTICLE V ENTITLED ECABLE PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA;TELEVISION AND OPEN VIDEO SYSTEMS; PROVIDING �THE TERMS AND® AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY CABLE TELEVISION AND IOPEN OV D p SYSTEMS THAT PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA USE THE CITY'S RIGHTS-OF-WAY:PROVIDING DEFINI EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE: -GRs -OF:FRANCHIs SR PROVIDING FOR MINIMUM POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, PROVIDING FOR VICU CUSTODING MER SERVICE PSTANDARDS FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE.FIRST PUBLICATION OF PROVIDING FOR ENFORCEMENT AND ADMINISTRA- ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT SEVERABILITDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE;AND AN EFFECTIVE HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR AN ORDINANCE OF THEPROVIDING CITY COMMISSION OTF THE CORPORATION, ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR T CITY OF DANIA BEACH FLORIDA APPROVING A PCS PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID SITE AGREEMENT BETWEEN THE CITRTAINING Y of DANIA THE PLACEMENT IOF ANT PPE PERSONAL COMMUNICATIONS NEWSPAP SERVICE SYSTEM FACILITY ON A PARCEL OF LAND LO- CATED AND OWNED BY THE CITY OF DANIA BEACH AND MORE PARTICULARLY DESCRIBED IN THE AT- TACHED EXHIBITS TO THE AGREEMENT AUTHORIZING (SI ATURE OF AFFIANT AND DIRECTING THE EXECUTION OF THE PCS SITE AGREEMENT;PROVIDING FOR REVISIONS;PROVIDING FOR CONFLICTS;PROVIDING A SEVERANCE CLAUSE; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. SWORN TO AND SUBSCRIBED BEFORE ME A copy of these Proposed Ordinances are on file in the. ON: 28-June-2002 , A.D. Office of the City Clerk, City Hall, 100 west Dania Beach Boulevard,Dania Beach, Florida, and may be it I inspected by the public during normal working �` _ hours. Interested Parties may appear at the aforesaid meet- ti ing and be heard with respect to the proposed.Any Person who decides to appeal any decision made by (SIGNATURE OF NOTARY PUBLIC) Z4 the City Commission with respect to any matter con- sidered at this hearing ceed ngs and for such l Purpose may need to enl need a record of thesu e lara L.Beza- that a verbatim record of the proceedings is made, ,.11SSON# DD0'4939 EXPIRES which record Includes the testimony and evidence )uly 20 2005 upon which the appear is to be based. In accordance with the American with Disabilities FA!N;NSURANCE,iNC Act,persons needing assistance to participate in any of the proceedings should contact Charlene Johnson, (NAME OF NOTARY,TYPED, PRINTED, OR MPED Beach, Florida 3004, (954) 9 100 West Dania 24 Boulevard,62 at least 48 hours prior to the meeting. /s/Charlene Johnson,CMC PERSONALLY KNOWN OR City clerk June 211,202 PRODUCED IDENTIFICATION