HomeMy WebLinkAboutO-1988-028 • I
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ORDINANCE NO. 28-88
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING CHAPTER 21 ARTICLE IV OF THE CODE
OF ORDINANCES OF THE CITY OF DANIA, FLORIDA
ENTITLED "CODE ENFORCEMENT BOARD" AS
ENACTED BY ORDINANCE NO. 251 ON NOVEMBER
11 , 1980, AND AMENDED BY ORDINANCE NO. 305
' ON DECEMBER 12, 1982, TO COMPLY WITH THE
AMENDMENTS TO CHAPTER 162, FLORIDA STATUTES
THAT RELATE TO METHOD OF NOTICE, CONDUCT OF
HEARINGS AND ADMINISTRATIVE FINES AND
j LIENS; AND PROVIDING THAT ALL ORDINANCES OR
PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
PARTS OR RESOLUTIONS IN CONFLICT HEREWITH
BE REPEALED TO THE EXTENT OF SUCH CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
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FLORIDA:
Section 1 . That Sections 2-73, 2-82, 2-83, 2-85 and Section
2-88 are hereby amended as follows :
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A. That Section 2-73 entitled "Definitions" shall be amended to
44 re-define the definition of "Notification or Written
Notification" to read as follows :
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"Notification or Written Notification shall mean
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written notice setting forth the alleged code violation
j which shall be personally served by the code inspector or
served by one of the methods set forth in Section 2-83 (e) of
,., this ordinance. "
B. That Section 2-82 entitled "Enforcement Procedures" shall be
amended by amending subsections,) (b) and (c ) thereof and .
1 adding a new subsection thereto designated as subsection
(e) , which shall read as follows :
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" (b) Except as provided herein, if a violation of the
code is found, the code inspector shall notify the violator
J and give him a reasonable time to correct the violation.
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Should the violation continue beyond the time specified for
} correction , the code inspector shall notify the Code
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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
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be hand delivered or mailed as provided in subsection (e) to
said violator. At the option of the Code Enforcement Board,
notice may additionally be served by publication or posting
as provided in said subsection (e ) hereof. 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 the code inspector has reason to believe a
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violation presents a serious threat to the public health,
I safety and welfare, or if the violation is irreparable or
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irreversible in nature, the code inspector shall make a
reasonable effort to notify the violator and may immediately
notify the Code Enforcement Board and request a hearing. " �.
" (e ) All Notices required by this Ordinance and by the
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Code Enforcement Board 's Act , shall be provided to the
alleged violator by certified mail, return receipt
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requested, or by hand delivery by the sheriff or other law
enforcement officer, code inspector or by any other person
designated by the Dania City Commission or by leaving the
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notice at the violator 's usual place of residence with some
peron of his family above 15 years of age informing such
person of the contents of the notice. In addition to
providing notice as set forth in subsection above , at the
option of the Code Enforcement Board, notice may also be
served by publication or posting, as follows :
(1 ) Such notice shall be published once during each
week for four consecutive weeks ( four publications
being sufficient ) in a newspaper of general circu—
lation in the county where the Code Enforcement
Board is located. The newspaper shall meet such
requirements as are prescribed under Chapter 50 of
the Florida Statutes for legal and official
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advertisements.
(2 ) If there is no newspaper of general circulation in
the county where the Code Enforcement Board is
located, three copies of such notice shall be
posted for at least 28 days in three different and
conspicuous places in such county, one of which
shall be at the front door of the courthouse in
said county .
j (3 ) Proof of posting shall be by affidavit of the
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person posting notice, which affidavit shall
y include a copy of the notice posted and the date i
and places of its posting. Notice by publication
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or posting may run concurrently with, or may
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° follow, an attempt or attempts to provide notice
by hand delivery or by mail as required under
subsection (e) . Evidence that an attempt has been
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made to hand deliver or mail notice as provided in
subsection (e) , together with proof of publication
or posting as provided in subsection (e) , shall be i
sufficient to show that the notice requirements of
this ordinance have been met , without regard to
whether or not the alleged violator actually
received such notice. "
C. That Sections 2-83 and 2-84 are combined and designated as
Section 2-83 and amended in their entirety to read as
follows :
i "Sec. 2-83 Conduct of Hearing
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(a) The Chairman of the Code Enforcement Board may
call hearings of the Board . Hearings may also be called by
written notice signed by at least three members of the Code
Enforcement Board. At any hearing, the Code Enforcement
Board may set a future hearing date. The Code Enforcement
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Board shall attempt to convene no less frequently than once Lj
every two months, but it may meet more or less often as the
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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
shall arrange for clerical and administrative personnel as
may be reasonably required by the Code Enforcement Board for
the proper performance of its 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.
(c ) The Code Enforcement Board shall proceed to hear
the cases on the agenda and prepared docket for that day or
evening. All testimony shall be under oath and shall be
recorded. The Code Enforcement Board shall take testimony
i from the Code Enforcement Officer and alleged violator.
Formal rules of evidence shall not apply, but fundamental
due process shall be observed and shall govern said
proceedings .
(d) At the conclusion of the hearing, the Code
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Enforcement Board shall issue findings of fact, based on
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evidence of record, and conclusions of law and shall issue
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an order affording the proper relief consistent with the
1 powers granted herein. The findings shall be by motion
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approved by a majority of those present and voting, except
that at least four members of the Code Enforcement Board
jmust vote in order for the action to be official . The order
may include a notice that it must be complied with by a
specified date and that fine may be imposed if the order is
not complied with by said date. "
D. That Section 2-85 be and the same is amended to read as
{ follows :
"Sec. 2-85 Administrative Fines ; Liens .
(a ) The Code Enforcement Board, upon notification by
the code inspector that a previous order of the Code
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Enforcement Board has not been complied with by the set time I
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ior upon finding that the same violation has been repeated by
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the same violator, may order the violator to pay a fine not
to exceed $250 for each day the violation continues past the
date set for compliance or for each time the violation has
been repeated and a hearing shall not be necessary for
issuance of the order. The Code Enforcement Board may, in
its order, set the time for compliance and the fine to be
paid for noncompliance.
(b) In determining the amount of the fine, if any, the
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Code Enforcement Board shall consider the following factors:
(1 ) The gravity of the violation;
i (2) Any actions taken by the violator to correct the
violation; and
(3 ) Any previous violations committed by the violator.
(c ) A certified copy of an order imposing a fine may `
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3 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, or, if the violator does not own the land, then upon
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any other real or personal property owned by the violator
and may be enforced in the same manner as a court judgment
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by the sheriffs of the State of Florida, including levy
against the personal property, but shall not be deemed
otherwise to be a judgment of a court except for enforcement
purposes. After six months from the filing of any such
lien, which remains unpaid, the Code Enforcement Board may
authorize the city attorney to foreclose the lien. No lien
created pursuant to the provisions of this chapter may be
foreclosed on real property which is a homestead under
Article X, Section 4 of the State Constitution.
(d) Fines are to be paid to the City of Dania Finance
Department . "
E. That Section 2-88 shall be amended to read as follows :
"Sec. 2-88 Powers of Code Enforcement Board.
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The Code Enforcement Board shall have the power to:
(a) Adopt rules for the conduct of its hearings ;
(b) Subpoena alleged violators and witnesses to its
hearings. Subpoenas may be served by the police department
of the municipality;
(c ) Subpoena evidence ;
(d) Take testimony under oath; and
(e ) Issue orders having the force of law commanding
whatever steps are necessary to bring a violation into
compliance . "
Section 2. That Sections 2-84 and 2-86 be and the same are
hereby repealed.
Section 3 . Except as herein amended , all other provisions of
Article IV of Chapter 2 of the Code of Ordinances of the City of
e Dania, Florida, shall remain in full force and effect .
Section 4 . That all ordinances or parts of ordinances and all
resolutions or parts of resolutions in conflict herewith be repealed
to the extent of such conflict .
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Section 5. That this ordinance shall be in force and take
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effect immediately upon its passage and adoption.
PASSED and ADOPTED on First Reading on the loth day o
May 1988.
PASSED and ADOPTED on Second and Final Reading on the 24th day
1 of May __� 1988.
J MAY UK - M IONER
ATTEST: �'
CITY CLERK - AUDITOR
APPROVED FOR FORM AND CORRECTNESS
Frank C. Adler, City Attorney
6 Ordinance No . 28-38
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F_
BEFORE CITY
�\ COMMISSION
CITY OF DANIA
L� I FLORIDA
REBA ROING
A EDITION
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THE SUN-TATTLER NOTICE z° w°;5:°:IV
FN CE Ine Cnr ill (1-,.
n Fo/ Ine Cn. ;1 Uen.e.
Established as The Hollywood Sun - January 4, 1935 eN A,I;,IU o'n'.To-
.IN H.Ine IT.NH "A"'Be
HOLLYWOOD, BROWARD COUNTY, FLORIDA ne•.d. q,B eon.Z.o dn<
ne.,InR*0In.cue C.-I.1-
, m o1 Ine D.n,.CH,
H.II 10 Well CAP..Be.<n
BOWeY.rcE DI' Florid•
I. Lon lldol Ine o1..."n
•ddPllpn an second Ana noel
/e.d.no nl In. O/din•n(CI
STATE OF FLORIDA runt ed
AN ORDINANCE OF THE
COUNTY OF BROWARD CITY OF DANIA, FLORI-
DA, AMENDING CHAP-
Jack D. Pate TER ]d OF THE 1180
'S Before the undersigned authority personally appeared _ CODE.OF ORDINANCES
OF TE CITYOF DANIA
B N
who on oath says (he/she) is Advertls Sales Ma irl nager _ EN A ADDING DCDTEEDD ARTICLE POLICE
PUBLIC SAFETY I'ACILITIE '
Of THE SUN-TATTLER, a dailynewspaper PRO IMPACT FEE-
p. per published at Hollywood in Broward TIME DING FORPAYMENT
PROVIDING FOR THE
County, Florida; that the attached copy of advertisement, being a USE OF PROCESS PRO
OING FOR THE ESTAD-
USHMV I ENT OF A TRUST
Notice of Hearing Before City Commission FUND FOR MONIES COL-
LECTEO, PROVIDING
THAT ALL ORDINANCES
OR PARTS OF ORD,
in the matter of _ of Dania LNANCES UTIONS AOR PARTS OF
RESOLUTIONS IN CON
inthe 100 W. Dania Beach Blvd. If)O nix NEPEALEDRT THE 'BE
TENT OF SUCH <ON
FLICT; AND PROVIDING
was published in said newspaper in the issue of FOR AN EFFECTIVE
Eyppp DATE.May 13, 1988 AN ORDINANCE OF THE
_ CITY OF DANIA, FLORI-
DA, ,
AUC
Affiant further says that the said SUN-TATTLER is a newpaper published at Hollywood in TTIONSEING ANDTAUCTIION-
EERS; PROVIDING GOR
said Broward County,Florida.and that the said newspaper has heretofore been continuously ISSUANCE AND REVOCA-
PRO-
published in said Broward County. Florida,each week and has been entered as second class V C IINGG F'ORNSES.JUDICIAL
matter at the post office in Hollywood in said County. Florida, for a period of one year next FOR I LICENSE vFEIEs
preceding the first publication of the attached copy of advertisement; and affiant further Pp OV NG FOR BOND,
0 AD EXCEPTION
says that he has neither aid nor promised an TO JUDICIAL PE SALES.
Y p p y person, firm Or corporation any discount, PROVIDING FOR
PROVIDING FOR INCLU-
rebate,commission or refund for the purpose of securing this advertisement for publication SIGN IN CITY CODE:PRO-
VIDING FOR SEVERABIL-
i m e said ne spa per PROVIDING THAT
ALL
. ALL ORDINANCES OR
` PARTS OF ORDINANCES
�AM� AND ALL RESOLUTIONS
OR PARTS OF RESOLU-
TIONSN CON FLICT HERE W�T NFLICT BE RE-
PEALED TO THE EX-
TET OF SUCH CON-
Sworn to and subscribed before me FLICNT; AND PROVIDING
FOR AN EFFECTIVE
this_ 1 dayof �1 L"/A.D. 19 C�- 1 DATE.
AN ORDINANCE OF THE
�) CITY OF DANIA, FLOR-
DA, AMENDING CHAP
NOTARY F'LIEt��1(' IV OF
THE CODE ARTICLE O ORDI.
IIQI'.AT PUKIC STNE rT 1", !, NANCES OF THE CITY OF
fly rotAll,loll EXP. Xr!, ..i TLED"coUER ENFOHO NCE.
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(SEAL) MENT BOARD" AS EN-
ACTED BOGGED tMRU GENERAL iliS. ;;LJ. ACTED BY ORDINANCE
ND. 051 ON NOVEMBER
11. INO, AND AMENDED
tt.. BY ORDINANCE NO. MS
o.wT -• - ON DECEMBER R, Iced.
TO COMPLY WITH THE
AMENDMENTS TO
CHAPTER ISt, FLORIDA
STATUTES THAT R ,
LATE TO METHOD OFF
NOTICE. CONDUCT OF
HEARINGS AND S AND
LIEN$;ISTO IAN FINES AND
THAT AND OINA INS
THAT ALL ORDINANCES
OR PARTS OF pRDI-
NANCES AND ALL RESO-
LOTIONS W PARTS OF
RESOLUTIONS IN COW
FLI T NE RE WITH BE
REP ALE0 TO THE EF-
- - TENT OF "" CON-
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. FOR AN EFFECTIVE
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