HomeMy WebLinkAboutO-2001-028 ORDINANCE NO. 2001-028
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO CHAPTER 2 OF THE CITY CODE OF ORDINANCES,
WHICH CHAPTER IS ENTITLED "ADMINISTRATION"; AMENDING
THE CODE OF ORDINANCES BY AMENDING ARTICLE IV, ENTITLED
"CODE ENFORCEMENT BOARD", SECTION 2-72 OF THE CODE OF
ORDINANCES TO PROVIDE FOR THE APPLICABILITY OF THE
DANIA BEACH CODE ENFORCEMENT BOARD'S CONCURRENT
JURISDICTION TO HEAR AND DECIDE CASES INVOLVING ALLEGED
VIOLATIONS OF SPECIFICALLY ENUMERATED CODE CHAPTERS;
AMENDING SECTIONS 2-81, 2-82, 2-83, 2-85 AND 2-87, AND ADDING
SECTIONS 2-84 AND 2-86 TO THE CITY OF DANIA BEACH CODE OF
ORDINANCES TO CONFORM WITH FLORIDA STATUTES CHAPTER
162; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has enacted changes to Chapter 162,
Florida Statutes, amending the statute to better reflect the Legislature's intent concerning the
procedures governing municipal code enforcement; and
WHEREAS, additional changes to Chapter 2, Article IV are necessary to reflect the
City's name change from "Dania" to "Dania Beach"; and
WHEREAS, the City Commission desires to provide the City of Dania Beach Code
Enforcement Board with concurrent jurisdiction with law enforcement over alleged violations of
Chapter 2.5 entitled "Adult Entertainment," Chapter 21 entitled "Sales and Auctions" and
Chapter 25 Division Six, entitled "Commercial and Recreational Vehicles"; and
WHEREAS, the City Commission desires to generally update its code enforcement
procedures to better reflect changes provided by law designed, in part, to close several loopholes
in prior versions of Chapter 162, Florida Statutes in order to provide better protection to the
residents of the City of Dania Beach;
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Dania Beach, Florida:
Section 1. That Chapter 2, Article IV entitled "Code Enforcement," of the City Code
of Ordinances is amended to read as follows:
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® Sec. 2-71. Declaration of legislative intent.
It is the intent of this article to promote, protect and improve the health, safety and
welfare of the citizens of the City of Dania Beach, Florida, by providing an equitable,
expeditious, effective and inexpensive method of enforcing the codes of the
City of Dania Beach, Florida.
Sec. 2-72. Applicability.
The Dania Beach Code Enforcement Board shall have concurrent jurisdiction to hear and
decide cases involving alleged violations of the following codes:
Chapter 2.5, Adult Entertainment;
Chapter 3, Advertising;
Chapter 5, Animals and Fowl;
Chapter 6, Beaches, Parks and Recreation;
Chapter 7, Bicycles;
® Chapter 8, Buildings;
Chapter 11, Fire Protection and Prevention;
Chapter 12, Flood Damage Prevention;
Chapter 13, Health and Sanitation;
Chapter 14, Junked and Abandoned Vehicles;
Chapter 15, Licenses;
Chapter 16, Mobile Living Units;
Chapter 21, Sales and Auctions;
Chapter 22, Streets and Sidewalks;
Chapter 24, Theaters;
Chapter 25, Division Six, Commercial and Recreational Vehicles;
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Chapter 26, Vegetation;
• Chapter 27, Water and Sewers;
Chapter 28, Zoning; as is now existing or as may be amended by ordinances from time to
time.
Sec. 2-73. Definitions.
As used in this chapter:
Board shall mean the City of Dania Beach Code Enforcement Board.
City shall mean the City of Dania Beach, Florida.
City attorney shall mean the city attorney or assistant city attorneys of the City of Dania
Beach, Florida.
City commission shall mean the legislative body of the City of Dania Beach, Florida.
Code inspector shall mean those employees or other agents of the City of Dania Beach,
Florida, duly authorized and appointed by the city manager, whose duty it is to enforce city
codes and to present code violations to the board.
• Codes shall mean the chapters of the Code of Ordinances of the City of Dania Beach,
Florida, as described in section 2-72 above.
Notification or written notification shall mean written notice setting forth the alleged
code violation which shall be personally served by the code inspector or served by one of the
methods set forth in section 2-83(e) 2-84 of this article.
Probable cause shall mean that a reasonable belief that a code provision has been
violated and that the violator committed the violation.
Repeat violation is a violation of a city ordinance by a person whom the code
enforcement board has previously found to have violated or who has admitted violating, the
same provision on the same or other property in the city within five years of the previous
violation.
Violator shall mean the person responsible for the code violation which in the appropriate
circumstances shall be the perpetrator of the violation or the owner of the real property upon
which the violation occurred, or both.
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See. 2-74. Composition.
(a) Membership. The board shall be composed of seven (7) regular members
appointed by the city commission of the City of Dania Beach, Florida, and shall, whenever
possible, include the following:
(1) An architect;
(2) A businessman;
(3) An engineer;
(4) A general contractor;
(5) An electrical subcontractor;
(6) A realtor;
(7) A plumbing or mechanical subcontractor.
In addition to the above, two (2) alternate members may be appointed to serve on the board in
the absence of regular members.
® (b) Qualifications. Each regular member appointed to the board shall possess, in
addition to experience or interest in the fields of zoning and building control, the following
minimum qualifications:
(1) The architect and the engineer shall be registered under the laws of Florida
regulating the practice of architecture and engineering or shall possess similar
qualifications under the laws of other states or shall have actual experience deemed
by the city commission to be equivalent to such registration;
(2) The general contractor and subcontractor shall each possess a valid certificate of
competency and occupational license, recognized and accepted under the laws of
Florida and the ordinances of the City of Dania Beach, Florida regulating the
business of contracting and subcontracting, and where required, State of Florida
registration as a contractor or subcontractor, or shall possess similar qualifications
under the laws of other states, or shall have actual experience deemed by the city
commission of the City of Dania Beach, Florida to be equivalent to such
certification;
(3) The real estate person shall be licensed under the laws of Florida licensing real
estate brokers as either a broker or a salesman or shall possess similar qualifications
under the laws of other states or shall have actual experience deemed by the city
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commission to be equivalent to said licensing, and shall hold a current and valid
is occupational license issued by the City of Dania Beach, Florida;
(4) The businessman shall be actively engaged in any lawful business within the City of
Dania Beach, Florida, and shall hold a current and valid occupational license issued
by the City of Dania Beach, Florida, or shall be an officer or employee of a business
entity holding a current and valid occupational license issued by the City of Dania
Beach, Florida;
(5) If possible, each regular member of the board shall be a resident of the City of
Dania Beach, Florida.
(c) Initial appointments. In order that terms of office of all regular members of the
board will not expire at the same time, the initial appointments to the board shall be as follows:
(1) Two (2)members shall be appointed for a term of one year;
(2) Two (2)members shall be appointed for a term of two (2) years;
(3) Two (2)members shall be appointed for a term of three (3) years;
(4) Thereafter, all appointments shall be made by the city commission for a term of
• three (3)years.
(d) Vacancies and reappointment. Any member may be reappointed from term to
term by the city commission. Appointments to fill any vacancy to the board shall be for the
remainder of the unexpired term of office.
(e) Removal of board members. If any board member fails to attend two (2) out of
three (3) successive meetings without cause and without prior approval of the chairs ep rson,
the board shall declare the member's office vacant and the city commission shall promptly fill
such vacancy. The members shall serve at the pleasure of the city commission and may be
removed at any time by majority vote of the city commission according to the procedure for
removal of board members as set forth in the Code of Ordinances aver, the City Charter or
both.
Sec. 2-75. Organization.
(a) The board shall elect a chairs ep rson from among its members, a vice-chairman
ep rson and such other officers as the board shall deem necessary.
(b) Officers of the board shall be elected by a majority vote of the membership at the
board's first meeting after their initial appointment, and annually thereafter.
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(c) A member of the board may be elected to serve as an officer without restriction as
to the number of terms served.
See. 2-76. Quorum.
Four (4) or more members of the board shall constitute a quorum.
Sec. 2-77. Compensation.
Members of the board shall serve without compensation, but may be reimbursed for such
travel, mileage, and other per diem expenses as may be authorized by the city commission and
approved by the city manager.
Sec. 2-78. Rules and regulations.
The board may adopt such rules and regulations as are not inconsistent with the
provisions of this chapter or the, "Municipal sae Boards AGt," Chapter 162,
Florida Statutes, as amended, which the board finds necessary to carry out the provisions of this
chapter, subject to approval of by the city commission of the City of Dania Beach, Florida.
Sec. 2-79. Clerk and other board employees.
® The city manager shall appoint a city employee to be the board clerk, who shall perform
the functions assigned to the clerk as set forth in this chapter. For the purpose of administering
this chapter, the board may call upon the city manager to furnish such other city employees as
may be necessary to carry on or assist the board in performing its functions and duties under this
chapter.
Sec. 2-80. Legal counsel to the board.
The city commission shall appoint a member of the Florida Bar to represent and be
counsel to the board and attend specified meetings of the board. The legal counsel to the board
shall be compensated as provided for by the city commission of the City of Dania Beach,
Florida.
Sec. 2-81. City attorney.
The city attorney for any assistant city attorney or a code enforcement officer or a
'designated member of the administrative staff of the City shall present the city's case at formal
hearings; and shall have prosecutorial discretion, including, but not limited to, the right to
negotiate a plea with a violator and present that plea to the board for approval, to recommend the
disposition of a case to the board, and to decline to prosecute a case, similar to the discretion
exercised by the state attorney in criminal cases. In no case shall the city attorney serve as
attorney for the board and at the same time present the city's cases to the board.
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Sec. 2-82. Enforcement procedures.
® (a) The code inspectors have the primary duty of enforcing the various codes, as
described in section 2-72 above, and initiating enforcement proceedings before the board;
however, no member of the board shall have the power to initiate enforcement proceedings.
(b) Except as provided herein, if a violation of the code is found, the code inspector
shall notify the violator and (rive, LI, taking into consideration the nature of the violation,
provide a reasonable time to correct the violation. Should the violation continue beyond the time
specified for correction, 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 shall be hand delivered or mailed as provided in
section 2-84 to said violator. At the option of the code enforcement board, notice may
additionally be served by publication or posting as provided in section
2-84. If the violation is corrected and then recurs or if the violation is not corrected by the time
specified for correction by the code inspector, the case may be presented to the code enforcement
board even if the violation has been corrected prior to the board hearing and the notice shall so
state.
(c) If a repeat violation is found, the code inspector is not required to give the violator
a reasonable time to correct the violation and may immediately issue a citation. The code
inspector shall then notify the code enforcement board and request a hearing. The code
enforcement board, through its clerical staff, shall schedule a hearing and shall provide notice
® pursuant to section 2-84. The case may be presented to the code enforcement board even if the
repeat violation has been corrected prior to the board hearing, and the notice shall so state. If the
repeat violation has been corrected, the code enforcement board retains the right to schedule a
hearing to determine costs and impose the payment of reasonable enforcement fees upon the
repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay
the costs as determined by the code enforcement board.
(c) (d) If the code inspector has reason to believe a violation or the condition causing the
violation presents a serious threat to the public health, safety aPA or welfare, or if the
�� violation is
irreparable or irreversible in nature, the code inspector shall mak O rAasona le- PT rt to Ap i fy
the viol ter and may immediately notify the code enforcement board and request a hearing,
without notifying the alleged violator. However, where possible, the code inspector shall make a
reasonable effort to notify the alleged violator.
(e If the owner of property that is subject to an enforcement proceeding before an
enforcement board or court transfers ownership of such property, whether voluntarily or
involuntarily, between the time the initial pleading was served and the time of the hearing, such
owner shall:
M Describe, in writing, the existence and the nature of the proceeding to the
prospective transferee;
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(2) Deliver to the prospective transferee a copy of the pleadings, notices and other
materials relating to the code enforcement proceeding received by the transferor;
(3) Disclose, in writing, to the prospective transferee that the new owner will be
responsible for compliance with the applicable codes and with orders of the code enforcement
board; and
(4) File a notice with the code enforcement official of the transfer of the property,
indicating the identity and address of the new owner and attaching copies of the written
disclosures made to the new owner, within five (5) days of the date of the transfer.
Failure to make the disclosures described in paragraphs (1), (2) and (3) above before the transfer
creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the
proceeding shall not be dismissed, but the new owner shall be provided with a reasonable period
of time to correct the violation before the hearing is held.
(4)(f) If the violation arose under Chapter 11 of the City of Dania Beach Code of
Ordinances of the City of Dania, Flnri la. the code inspector or the chief of the fire department,
may, at his option, either proceed under this chapter or pursuant to the authority and procedures
set forth in Chapter 11 of the Code of Ordinances. Nothing in this chapter shall be construed or
applied to limit the authority of the chief of the fire department or of any fire marshal or any fire
inspector to proceed pursuant to Chapter 11 of the Code of Ordinances.
• (e1 All nntiros required
by this artiPle and by the Code, FnfnrPemerlt Rnorra'a Dot
�v� x-riz—xxvcrccT this cxxc nvaxa ., �....,
mail,shall to the alleged vielater- by Gei4ifiod return reGeipt
requested,
by the, sheriff or other einforeement or by hand-
FOSide,RGG With SOMG A--f his family above fifteen (15) year-s of age infer-ming suGh pers
Gede inspeGter- or- by any other- per-son
as fnllolys•
RT��\T. /-y l 1 1
(1 1 \ Gh nntke, shall be
publi�he-d once /hiring each wo ok fnY fnllr (4) nnnse Pll
a� ava av Ana � •� vv--�.v_...�- ..
was (four (4)
'--- hoi R O.]A[C)PlYftlsPmn er)l ts in
a nee sp or- ofLgeneral
ePiFrVi111-atien in the county
where
thP /nde- hoard Is IeGCtpCOTh--:4
—aSt]t tPs flY ieg]l and
official
wspaper- shall meet such requirements as are, pr-esror-ibed Chapter- 50 of t
(2) If there is no newspaper-
of genera 1Y 111]tlnn in the, ve my ;vhPYP the
Pnfo PPm Pnt hoard is leGate three (3) Genies of s eh 11otire shall he posted
for- at
le-Ast olventy eight (28) da�,s in three, (3) diff-COF-PUBA —And- c . . PI-AP-PUS -ki- suv-,h
rn my one of lyhinh shall he at the front deer of the e-A- rthouse in said Pnunty.
(3) Proof of posting shall be by -Affi-d-A-vit P--f-the person posting
7 (�
shall ii-lnl n fl de a ropy of the notke posted a the- date and
planes-of its posting,
Is1-Jetine by nuhlination or posting may run nonnurrently with nr may follow,
OrdCode Enforcement hear cases.doc 8 ORDINANCE NO. 2001-028
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attempt or attempts to prnyide, nntine by hand
7�` eliyery or- by mail as requ re-]
• uiz this s seQti�n— irlellnA ttht'1t an coc�t t floc bt nr. mor)A tA ho 1i�nort
email netiGe; a3' pr-evided- in this rn' se'vtion, tegetl@ir--with Proof o vr
7
rem.irem ent.4 of thin ortinla hose beer) met �yithO t rarror(l to �:rh ether nr not the
7
If, pursuant to Section 2-82 (d), the code enforcement board notifies the City of
Dania Beach that a property requires repairs, the City of Dania Beach may make
all reasonable repairs which are required to bring the property into compliance
and charge the violator with the cost of repairs along with the fine imposed by this
ordinance. The making of such repairs by the City of Dania Beach does not
create a continuing obligation on the part of the City of Dania Beach to make
further repairs or to maintain the property, and does not create any liability against
the City of Dania Beach for any damages to the property if such repairs are
completed in good faith.
Sec. 2-83. Conduct of hearing.
(a) The chairs ep rson of the code enforcement board may call hearings of the
board. Hearings may also be called by written notice signed by at least three (3) members of the
code enforcement board. At any hearing, the code enforcement board may set a future hearing
date. The code enforcement board shall attempt to convene no less frequently than once every
two (2) months, but it may meet more or less often as the demand necessitates. Minutes shall be
kept of all hearings by the code enforcement board, and all hearings and proceedings shall be
open to the public. The City of Dania Beach shall arrange for clerical and administrative
personnel as may be reasonably required by the code enforcement board for the proper
performance of it duties.
(b) Each case before the code enforcement board shall be presented by the code
enforcement officer or a designated member of the administrative staff of the City of Dania
Beach.
(c) The code enforcement board shall proceed to hear the cases on the agenda and
prepared docket for that day or eve„i meeting. All testimony shall be under oath and shall be
recorded. The code enforcement board shall take testimony from the code enforcement officer
and alleged violator. Formal rules of evidence shall do not apply to code enforcement
proceedings, but fundamental due process shall be observed and shall govern said all
proceedings before the board.
(d) At the conclusion of the hearing, the code enforcement board shall issue findings
of fact, based on evidence of record, and conclusions of law and shall issue an order affording
the proper relief consistent with the powers granted herein. The findings shall be by motion
approved by a majority of those present and voting, except that at least four (4) members of the
code enforcement board must vote in order for the action to be official. The order may include a
is notice that it must be complied with by a specified date and that a fine may be imposed it flip-
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, fdlof ;-s „et Gem plied with by said gate, and, under the conditions specified in section 2-85, the
• cost of repairs may be included along with the fine if the order is not complied with by the date
specified in the order.
Se�3 84-1�ese�t�d:
See. 2-84. Notice.
M All notices required by this part shall be provided to the alleged violator by:
(a) Certified mail, return receipt requested, provided if such notice is sent under this
paragraph to the owner of the property at the address listed in the tax collector's office for tax
notices, and at any other address provided to the city by the owner, and the notice is returned as
unclaimed or refused, notice may be provided by posting as described in subparagraphs (2)(b)l
and 2, and by first class mail directed to the address(es) provided to the city with a properly
executed proof of mailing or affidavit confirming the first class mailing;
(b) Hand delivery by the sheriff or other law enforcement officer, code inspector, or
other person designated by the City of Dania Beach;
(c) Leaving the notice at the violator's usual place of residence with any person
residing therein who is above 15 years of age and informing the recipient of the contents of the
notice; or
In the case of commercial premises, leaving the notice with the manager or other
person in charge.
(2) In addition to providing notice as set forth in subsection (1), at the option of the
code enforcement board, notice may also be served by publication or posting as follows:
(a)1. . Such notice shall be published once during each week for four (4) consecutive
weeks (four (4) publications being sufficient) in a newspaper of general circulation in the county
where the code enforcement board is located. The newspaper shall meet such requirements as
are prescribed under Chapter 50, Florida Statutes.
2. Proof of publication shall be made as provided in Sections 50.041 and 50.051,
Florida Statutes.
(b)l. In lieu of publication as described in paragraph (a), notice may be posted at least
ten (10) days prior to the hearing, or prior to the expiration of any deadline contained in the
notice, in at least two locations, one of which shall be the property upon which the violation is
alleged to exist and the other of which shall be, at the Dania Beach City Hall.
2. Proof of posting shall be by affidavit of the person posting the notice, which
affidavit shall include a copy of the notice posted and the date and places of its posting.
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(c) Notice by publication or posting may run concurrently with, or may follow, an
attempt or attempts to provide notice by hand delivery or by mail as required under subsection
M.
Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection
(1), together with proof of publication or posting as provided in subsection (2), shall be sufficient
to show that the notice requirements of this part have been satisfied, without regard to whether or
not the alleged violator actually received the notice.
Sec. 2-85. Administrative fines; liens.
(a) 1 11P o--edP onfe1`Gemen beard, upon
neti 1Gatie 11 SNP in-speGteY that
pay a fine net te exGeed twe hundred fifty dollars ($250.00) for oaGh day the, vielati-e-n-
past the, date sp-A f4enr P--.emplianGe oF f-A-F time, the, vielatien- has bp--on repeated and :4 hpAring
,
et the
time for GompliaRGG a,,,- the T1YlP t„ be, „aid f4 ,4enroom„1ianGo. The order of the code
enforcement board may require the violator to pay a fine, not to exceed $250.00 per day, for each
day that the violation continues past the date set in the order for compliance. In the case of a
repeat violation, the code enforcement board may order the repeat violator to pay a fine not to
exceed $500.00 per day, for each day the repeat violation continues past the date of notice of the
repeat violation by the code inspector. If the code enforcement board finds the violation to be
irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation.
The board may reduce a fine (prior to the fine becoming a lien) imposed pursuant to this chapter.
(b) If a finding of violation or repeat violation has been made, a hearing shall not be
necessary for the issuance of an order imposing the fine. The code enforcement board or a
representative of the board shall, upon notification that the property has not been brought into
compliance within the time specified by the code enforcement board, execute a final order that
assesses a fine for the non-compliance. The certified copy of the final order may be recorded in
the public records of the county and shall constitute notice to any subsequent purchasers,
successors in interest, or assigns of the violation, and the findings contained in the order shall be
binding on the violator and any subsequent purchasers, successors in interest or assigns without
further notice to the violator. If an order is recorded in the public records pursuant to this
section, and the order is complied with by the date specified in the order, the code enforcement
board shall issue an order acknowledging compliance that shall be recorded in the public records.
A hearing is not required to issue an order acknowledging compliance.
(b) (c) In determining the amount of the fine, if any, the code enforcement board shall
consider the following factors, with the understanding that the primary purpose of the board is to
achieve code compliance of businesses and residents and fines are a tool, but not the primary
intent of the City action."
(1) The gravity of the violation;
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(2) Any actions taken by the violator to correct the violation; and
• (3) Any previous violations committed by the violator.
(G) (d) A certified copy of an order imposing a fine, or a fine plus repair costs, may be
recorded in the public records of Broward County or in any other county as provided by law and
thereafter shall constitute a lien against the land on which the violation exists, ^r, ;f the vielate
does not own the land, then and upon any other real or personal property owned by the violator.
and- Upon petition to the circuit court, such order ley shall be enforced in the same manner as a
court judgment by the sheriffs of the State of Florida, including execution and levy against the
personal property of the violator, but such order shall not be deemed othe'r-w-ise, to be a court
judgment of a Be rt except for enforcement purposes. After- six (6) months from the filing of any
SU ,
foreGlose the--, hie-4-1- Ne lien created pursuant to thp- previsiens ef this Ghapter may b@ foreclosed
on real property which
Z.TI- Vme-r'te-:4d lln [Zr1VX, PolTtiAn12 Afthp- ! tt Cte ;914stitli ipp
(e) City code enforcement liens shall remain liens, coequal with the lien of all state,
county, district and municipal taxes, superior in dignity to all other liens, titles and claims
(regardless of when created or recorded, if recorded) until paid.
(4)(�f Fines are to be paid to the City of Dania Beach finance department.
(g) A fine imposed pursuant to this chapter shall continue to accrue until the violator
comes into compliance or until judgment is rendered in a suit filed pursuant to this chapter,
whichever occurs first. A lien arising from a fine imposed pursuant to this chapter runs in favor
of the City of Dania Beach, and the City may execute a satisfaction or release of lien entered
pursuant to this chapter. After three (3) months from the filing of any unpaid lien, the code
enforcement board may authorize the city attorney.or designee to foreclose on the lien or to sue
to recover a money judgment for the amount of the lien plus accrued interest. Actions for money
judgments pursuant to this chapter may be pursued only on fines levied after October 1, 2000.
No lien created pursuant to this chapter may be foreclosed on real property which is homestead
property under Article X, Section 4 of the Florida Constitution. The money judgment provisions
of this chapter shall not apply to real or personal property which is covered under Article X,
Section 4 of the Florida Constitution.
See. 2 86.Reserved.
Sec. 2-86. Duration of lien.
No lien provided under Chapter 162, Florida Statutes, shall continue for a period of
longer than 20 years after the certified copy of an order imposing a fine has been recorded,
unless within that time an action is commenced pursuant to Section 2-85 in a court of competent
jurisdiction. In an action to foreclose on a lien or for a money judgment, the prevailing party is
entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the action. The
City of Dania Beach shall be entitled to collect all costs to record and satisfy a valid lien. The
continuation of the lien effected by the commencement of the action shall not be good against
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creditors or subsequent purchasers for valuable consideration without notice, unless a notice of
lis pendens is recorded in the public records.
Sec. 2-87. Enforcement orders and appeals.
(a) Every enforcement order of the board shall be final subject to the right of the
aggrieved party, including without limitation the city or the violator, to appeal a ruling or order
of the board byA�ri to the circuit court of the Seventeenth Judicial Circuit of ion-id a in and
for Broward County, Florida. Such an appeal shall not be a hearing de novo but shall be limited
to appellate review of the record created before the code enforcement board. An appeal shall be
filed within thirty (30) days of the execution of the order to be appealed.
(b) Every enforcement order of the board shall be in writing and shall include
findings of fact and conclusions of law, and shall indicate the vote upon the order.
(c) Every enforcement order shall be signed by the chairs ep rson and shall be filed
in the office of the city clerk of the City of Dania Beach, Florida. A copy of the signed order
shall be sent by certified mail, return receipt requested, to the violator.
(d) The board shall in every proceeding reach a decision without unreasonable or
unnecessary delay and shall, in all instances, reach a decision within twenty (20) calendar days
from the date of the hearing.
® (e) All city employees shall take action as necessary in accordance with a decision of
the board.
Sec. 2-88. Powers of code enforcement board.
The code enforcement board shall have the power to:
(1) Adopt rules for the conduct of its hearings;
(2) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be
served by the police department of the municipality;
(3) Subpoena evidence;
(4) Take testimony under oath; and
(5) Issue orders having the force of law commanding whatever steps are necessary to
bring a violation into compliance.
OrdCode Enforcement hear cases.doc 13 ORDINANCE NO. 2001-028
10/23/01
Sec. 2-89. Other remedies.
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, regarding
violations of municipal ordinances.
Secs. 2-90--2-100. Reserved.
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.
PASSED AND ADOPTED on first reading on September 25, 2001.
PASSED AND ADOPTED on second reading on October 9, 2001.
PATRICIA FLURY
MAYOR—COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA- YES
�ICU�RLENE.fb"SON COMMISSIONER MIKES - YES
ACTING CITY CIJERK VICE-MAYOR CIIUNN- YES
MAYOR FLURY -YES
APPROVED AS TO FO AND CORRECTNESS:
BY: 11
T O AS :JANSBRO
CITY ATTORNEY
OrdCode Enforcement hear cases.doc 14 ORDINANCE NO. 2001-028
10/23/01
SUN- SENTINEL
PUBLISHED DAILY
FORT LAUDERDALE BROWARD COUNTY FLORIDA j _OTICEpPHUTYIG
i r r_- BEFORE CITY, ``��•
ECEIVED BOCA RATON PALM BEACH COUNTY FLORIDA 'DANIA
t ANIABESION,CITkID Ji
' � DANIA-BEACH;;F.LORID
OCT ' 3 2001 MIAMI, MIAMI DADE COUNTY, FLORIDA REGARD[NG'ADOPTION--
OF.THE FOLLOWING-,.
PROPOSED ORDINANCE:
r
NOTICE IS-HEREBY-GIVEN
that the City,Commission
IDA of the City of Dania Beach,
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE Florida, on October.-9,
2001, at 7:00 PM or as
BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED soon thereafter :as the
matter may be heard,will
// conduct a public hearing
&a L WHO, ON OATH, SAYS THAT the city commission
�,
Chambers of the Dania
HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED Beach City Hall, 100 West
DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED Dania
Beach, 'Florida-Boulevard,
IN BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, AND THAT THE consider the- proposed
adoption of the following
ATTACHED COPY OF ADVERTISEMENT, BEING A: ordinance entitled:
AN ORDINANCE OF THE
CITY OF-DANIA.BEACH,
CHAPTER 2 FLORIDA, PERTAINING,'TO
CHAPTER 2 OF THE:CITY
CODE OF ORDINANCES,
IN THE MATTER OF: WHICH CHAPTER IS ENTI-
TLED "ADMINISTRATION";
AMENDING THE CODE OF
Chapter 2 ORDINANCES BY AMEND-
ING ARTICLE IV,ENTITLED
'CODE.. ENFORCEMENT
IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE THE CODE OFION ORDINANCF
ISSUES OF: ES TO PROVIDE-FOR,THE
APPLICABILITY OF,;,.THE
DANIA BEACH CODE EN-
FORCEMENT' BOARD'S
9/28,1 10578880 CONCURRENT JURISDIC-
TION TO HEAR AND DE-
CE
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER ALLEGEDS IES OLATOONSIOF
ENUMER-
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, ATEDIFICODEY CHAPTERS;
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY AMENDING SECTIONS 2-
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, 2-I87, AND ADDING SEC-
TIONS
• 2-84 AND 2-86 TO
EACH DAY, AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE THE CITY OF DANIA BEACH
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, CODE OF ORDINANCES TO
WITH FLO
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF STT TUOTES DA CHAPTER RM R162;
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT FROTS I PROVIDING FOR CON-
ATTACHED
HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR SEVERANCE; FURTHER,
PROVIDING FOR AN EF-
CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE FECTIVE DATE.
PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID A copy of this proposed
Ordinance Is on file In the
NEW PER. office of the City Clerk,
City Hall, 100 West Dania
Beach Boulevard, Dania
Beach, Florida, and may
be in(SIGNATURE OF A NT) during ected no mal thworkinlg
hours.
Inte ap-
SWORN TO AND SUBSCRIBED BEFORE ME pear
th aforesaid
said
pear at the aforesaid
ON: 28-September-2001 , A.D. meeting and be heard
with respect to the pro-
posed. Any person who
/ decides to appeal any de-
cision made by the City
Commission with respect
to any matter considered
(SI NATURE OF NOTARY PUBLIC) at this hearing will need a
record of the proceedings
and for such purpose may
*;= Tara L Bezak need to ensure that a ver-
MY COOASSON# DD02g939 r batim record of the pro-
7uly 2Q 2005 EXPIRES ceedings is made, which
record includes the testi-
'u'''TROY FAIN pr��p-.'JCF,INC mony and evidence upon
which the appeal is to be
based.
(NAME OF NOTARY,TYPED, PRINTED, OR ST MPED)
In accordance with the
American with Disabilities
PERSONALLY KNOWN OR Act, persons needing as-
sistance to participate in
any of the proceedings
should contact Charlene
PRODUCED IDENTIFICATION Johnson, Acting city
Clerk, 1o0 west Dania
• Beach Boulevard, Dania
Beach, Florida 33004,
954-924-3622 at least 48
hrs prior to the meeting.
/s/Charlene Johnson
CMC,Acting City Clerk
September 28,2001