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ORDINANCE 'NO . 305
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING ARTICLE IV OF THE CITY CODE BY AMENDING
SECTIONS 2-74 , 2-75 , 2-81 AND 2-85 ; AND PROVIDING
THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON-
FLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH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,
FLORIDA:
Section 1. That Sections 2-74 , 2-75 , 2-81 and 2-85 of Article
IV of the Code of Ordinances of the City of Dania, Florida , are
hereby amended to read as follows : P
A. Section 2-74 of said Article IV be and the same is !
hereby amended to read as follows :
"Sec. 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, Florida, and shall , {
whenever possible , include the following:
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(1) An architect ;
4
(2) A businessman ;
(3) An engineer;
(4 ) A general contractor;
` (5) An electrical subcontractor ; R
(6) A realtor ; {'
(7) A plumbing or mechanical subcontractor.
(e) Removal of Board Members . If any Board Mem-
ber fails to attend two (2) out of three (3) successive
meetings without cause and without prior approval of
the Chairman, 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 procedures for removal of Board
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Members as set forth in the Code of Ordinances
and/or City Charter. "
B. Section 2-75 of said Article IV be and the same
is hereby amended to read as follows : f
"Sec . 2-75 . Organization.
(a) The Board shall elect a Chairman from among
its members , a Vice-Chairman 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.
(c) A member of the Board may be elected to
serve as an officer without restriction as to the [
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number of terms served ."
C . Section 2-81 of said Article IV be and the same is
hereby amended to read as follows :
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"Sec. 2-81. City Attorney.
The City Attorney and/or any assistant city attorney
t� shall present the City' s case at formal hearings ;
e...r,
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 , Simi-
lar to the discretion exercised by the state attorney
in criminal cases. In no case shall the City Attorney
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serve as attorney for the Board and at the same time
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present the City' s cases to the Board. "
D . Section 2-85 of said Article IV be and the same is
hereby amended to read as follows :
"Sec. 2-85 . Fines .
The Dania Code Enforcement Board, upon notification
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by the code inspector that a previous order of
the Dania Code Enforcement Board has not been
complied with by the time set, may order the
violator to pay a fine not to exceed Two Hundred
Fifty Dollars ($250 . 00) per day for each day that
the violation continues past the date set for
compliante . A certified copy of an order imposing t
a fine may be recorded in the public records and
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thereafter shall constitute a lien against the
{ property upon which the violation exists , or , if
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j the violator does not own the land, upon any other
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real or personal property owned by the violator, j
and may be enforced in the same manner as a court
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judgment by the sheriffs of this state , including
levy against the personal property, but shall not
be deemed otherwise to be a judgment of a court (}
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except for enforcement purposes . "
Section 2. Except as herein amended , all other provisions
of Article IV of the Code of Ordinances of the City of Dania,Florida,
shall remain in full force and effect.
Section 3. That all ordinances and parts of ordinances and
all resolutions or parts of resolutions in conflict herewith be
repealed to the extent of such conflict .
Section 4. That this ordinance shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED on First Reading on the 23rd day of
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NOVEMBER 1982 .
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i PASSED and ADOPTED on Second and Final R on the 14th
day of DECEMBER 1982 . %
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�— 1L R-CO i SS ONER
ATTEST:
CITY CLERK-AUDITOR
APPROVED FOR FORM AND CORRECTNESS :
FRANK C. ADLER, City Attorney
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