HomeMy WebLinkAboutO-1980-251 �r t
j ORDINANCE NO. 251
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
ESTABLISHING A CODE ENFORCEMENT BOARD;
PROVIDING FOR LEGISLATIVE INTENT; PROVIDING
FOR APPLICABILITY; PROVIDING FOR DEFINITIONS;
PROVIDING FOR ORGANIZATION, QUORUM, COMPENSA-
TION, LEGAL COUNSEL, CLERK, AND RULES AND
REGULATIONS; PROVIDING FOR COMPOSITION; PRO-
VIDING FOR ENFORCEMENT PROCEDURES; PROVIDING
FOR HEARINGS; PROVIDING FOR POWERS; PROVID-
ING FOR FINES; PROVIDING FOR HEARING PRO-
CEDURES; PROVIDING FOR ENFORCEMENT OF ORDERS;
PROVIDING FOR APPEAL; PROVIDING FOR SUBPOENA
POWERS; PROVIDING FOR OTHER REMEDIES; PROVID-
ING FOR CODIFICATION; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING THAT ALL ORDINANCES OR PARTS
OR ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature has enacted Chapter 80-
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300 , Laws of Florida, creating Part V of Chanter 166 , Florida
Statutes, entitled the "Municipal Code Enforcement Boards Act" ,
which enables each municipality in the State of Florida to,
in their option , establish and create local code enforcement
boards; and,
WHEREAS, the equitable, expeditious, effective and in-
expensive enforcement of the various occupational license ,
fire, building, zoning, sign, and related technical codes of
the City of Dania will promote , protect and improve the health,
safety and welfare of the citizens of the City of Dania, Florida;
and,
WHEREAS, the City Commission of the City of Dania, Florida ,
desires to establish the Dania Code Enforcement Board to promote,
protect and improve the health, safety and welfare of the citizens
of the City of Dania, Florida,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DANIA, FLORIDA:
Section 1 . That Chapter 29, of the Code of Ordinances
of the City of Dania , to be entitled "Dania Code Enforcement
Board" , is hereby created to read as follows:
Sec . 29-1 . Declaration of Legislative Intent.
It is the intent of this ordinance to promote, protect
and improve the health, safety and welfare of the citizens
of the City of Dania, Florida, by providing an equitable , I
expeditious, effective and inexpensive method of enforc-
ing the hereinafter described codes of the City of Dania,
Florida.
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Sec. 29-2. Applicability.
The Dania Code Enforcement Board shall have concurrent
jurisdiction to hear and decide cases involving alleged
violations of the following codes:
Chapter 3, Advertising;
Chapter 5, Animals and Fowl;
Chapter 6 , Beaches, Parks 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;
Chapter 22, Streets and Sidewalks;
Chapter 24 , Theaters;
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. 29-3. Definitions.
As used in this chapter:
1) "City Commission" shall mean the legislative body
of the City of Dania, Florida.
2) "Code Inspector" shall mean those employees or other
agents of the City of Dania duly authorized and appointed
by the City Manaoer, whose duty it is to enforce City
Codes and to present code violations to the Board.
3) "Board" shall mean the City of Dania Code Enforcement
Board.
4) "City" shall mean the City of Dania, Florida .
5) "Codes" shall mean the chapters of the Code of Ordin-
ances of the City of Dania, Florida, as described in Sec-
tion 29-2 above.
6) "City Attorney" shall mean the City Attorney or assist-
ant City Attorneys of the City of Dania, Florida.
7) "Probable Cause" shall mean that a reasonable belief
that a code provision has been violated and that the vio-
lator committed the violation.
8) "Notification" or "Written Notification" shall mean
either personally serving the notice upon the person re-
quired to be notified; mailing the notice to that person
by certified mail , return receipt requested; or the post-
ings of the notice at the site of the violation.
9) "Violator" shall mean the person responsible for the
code violFtion 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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Sec. 29-4 . Composition.
1) The Board shall be composed of six (6) regular members
appointed by the City Commission of the City of Dania,
Florida, consisting, whenever possible , of the following:
a) One architect
b) One businessman
c) one engineer
d) One general contractor
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e) One subcontractor
f) One real estate person
2) 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 :
a) The architect and the engineer shall be regis-
tered 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 .
b) The general contractor and subcontractor shall
possess a valid certificate of compeL-ency and occu-
pational license, recognized and accepted under the
laws of Florida and the ordinances of the City of
Dania regulating the business of contracting and sub-
contracting, 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
to be equivalent to such certification .
c) 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
Commission to be equivalent to said licensing, and
shall hold a current and valid occupational license
issued by the City of Dania, Florida.
d) The businessman shall be actively engaged in
any lawful business within the City of Dania , Florida,
and shall hold a current and valid occupational lic-
ense issued by the City of Dania , 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, Florida.
e) If possible, each regular member of the Board
shall be a resident of the City of Dania, Florida .
3) 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:
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a) Two member shall be appointed for a term of
one year.
b) Two members shall be appointed for a term of
two years.
c) Two members shall be appointed for a term of
three years.
d) Thereafter, all appointments shall be made by
the City Commission for a term of three years.
4) Vacancies and reappointment. Any member may be re-
appointed from term to term by the City Commission. Ap-
pointments to fill any vacancy to the Board shall be for
the remainder of the unexpired term of office .
5) Removal of Board Members. Any Board member who fails
to attend two (2) out of three (3) successive meetings
without cause and without prior approval of the Chairman,
shall automatically forfeit his appointment 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 members as set forth in the Code of Ordinances
and/or City Charter.
Sec. 29-5. Organization .
-;` 1) The Board officers shall consist of a Chairman, a
Vice-Chairman and such other officers as the Board shall
deem necessary.
2) 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.
3) A member of the Board may be elected to serve as an
officer without restriction as to the number of terms
served.
Sec. 29-6 . Quorum.
Four or more members of the Board shall constitute a quorum.
Sec. 29-7. 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 Com-
mission and approved by the City Manager.
Sec. 29-8. Rules and Regulations.
The Board may adopt such rules and regulations as are
not inconsistent with the provisions of this chanter or
the "Municipal Code Enforcement Boards Act" , which the
Board finds necessary to carry out the provisions of this
chapter, subject to approval of the City Commission of
the City of Dania, Florida .
Sec. 29-9 . 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.
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Sec. 29-10. 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, Florida.
Sec. 29-11. City Attorney.
The City Attorney and/or any Assistant City Attorney shall
present the City' s case at formal hearinqs; 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 .
Sec. 29-12. Enforcement Procedures.
1) The Code Inspectors have the primary duty of enforcing_
the various codes, as described in Section 29-2 above,
and initiating enforcement proceedings before the Board;
however, no member of the Board shall have the power to
initiate such enforcement proceedings.
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2) If a violation of a code is found, the Code Inspector
shall, unless subsection (3) or (4) of this section applies,
notify the alleged violator of the violation, in accordance
with Section 29-3 (8) , and give the alleqed violator a
reasonable time, in light of the nature of the violation,
to correct the violation. Should the violation continue
beyond the time specified for correction, the Code Inspector
shall request the Board Clerk to set a probable cause hearing
and to notify the alleged violator of the probable cause
hearing.
-,f 3) If the Code Inspector has reason to believe a violation
presents a serious threattothe public health , safety and
welfare, the Code Inspector may proceed directly to a
formal hearing, as provided for in Section 29-14 , without
notifying the alleged violator; provided, however, where
possible, notice shall be given the alleged violator.
4) If the violation arose under Chapter 11 of the Code
of Ordinances of the City of Dania, Florida, 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 authoirty of the
Chief of the Fire Department or of any Fire Marshall or
any Fire Inspector to proceed pursuant to Chapter 11
of the Code of Ordinances .
Sec . 29-13 . Probable Cause Hearing.
1) The purpose of a probable cause hearing before the
Board is to determine if probable cause exists, that a
violation was committed by the alleged violator and whether
the violation should be set for formal hearing.
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2) Upon request by the Code Inspector, the Clerk of the
Board shall assign the violation a case number and schedule
a proable cause hearing before the Board and give the
i alleged violator at least seven (7) days written notice
of such hearing.
3) At said probable cause hearing, the Code Inspector
shall present to the Board the reasons why he/she be-
lieves a violation of the Code has occurred and shall
identify the person or persons believed to have committed
the violation. The Code Inspector may present witnesses
to testify before the Board. Alleged violators shall
have the right to respond and to present witnesses.
4) At the conclusion of the probable cause hearing, the
Board shall either :
a) find that no probable cause exists that either
a violation was committed or that the alleged vio-
lator committed the violations and dismiss the vio-
lation; or
b) find that probable cause exists that a violation
has been committed and that the alleged violator
committed the violation, and set violation for formal
hearing.
5) If the Board finds that probable cause exists , that
a violation was committed and that the alleged violator
IN committed the violation, and sets the violation for a
formal hearing, the Board may at that time prescribe one
or more specified remedial actions which, if taken by
the violator prior to the formal hearing, shall result
in the automatic dismissal of the violation.
Sec. 29-14. Formal Hearing.
1) When the Board sets a violation for formal hearing,
the Clerk of the Board shall set a time and date for the
formal hearing and notify the alleged violator and the
° r City Attorney. The violator shall be given at least seven
(7) days written notice of the formal hearing .
2) At the time and place set for the formal hearing,
the Board shall hear and consider all testimony offered
and shall examine and consider all the evidence presented.
After the conclusion of the hearing, the Board shall issue
findings of fact and conclusions of law and an order comnandina
whatever steps are necessary to bring a violation into
compliance by the time set in the Order. The findings
and Order shall be by motion approved by a majority of
those present and voting, except that at least three (3)
members of the Board must affirmativelv vote in favor
of the action for the action to be official .
3) In the event the Board believes that a violation pre-
sents a serious threat to the public health, safety and
welfare , the Board may direct the City Attorney to seek
appropriate injunctive relief in the name of the City
from the Circuit Court .
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Sec. 29-15. Fines .
The Dania Code Enforcement Board, upon notification 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 five hundred dollars ($500 . 00) per day for each
day that the violation continues past the date set for
compliance . A certified copy of an order imposing a fine
may be recorded in the public records and thereafter shall
constitute a lien against the property upon which the
violation exists . After one (1) year from the filing
of any such lien which remains unpaid, the Code Enforcement
Board may authorize the City Attorney to foreclose upon
the lien.
Sec. 39-16 . Hearing Procedures.
1) No Board member shall act in any case in which that
member has a conflict of interest.
2) All hearings of the Board shall be open to the public
and any person whose interests may be affected by the
matter before the Board shall be given an opportunity
to be heard. Minutes of all Board hearings shall be kept
by the Board Clerk.
3) Formal rules of evidence shall not apply, but fundamental
due process shall be observed and govern said hearings.
4) All relevant evidence shall be admitted if, in the w ,
opinion of the Board, it is the type of evidence upon
which reasonable and responsible persons would normally
rely in the conduct of business affairs, regardless of
the existence of any common law or statutory rule which
might make such evidence inadmissable over objections
in civil actions. The Chairman of the Board may exclude
irrelevant or unduly repetitious evidence.
5) Hearsay evidence may be accepted for the purpose of
supplementing or explaining any direct evidence, but such
hearsay evidence shall not in and of itself be considered _
sufficient to support a finding or decision unless the
evidence would be admissable over objections in a civil
action.
6) Each party to the hearing shall. have the right to:
a) Call and examine witnesses; b) Introduce exhibits;
c) Cross-examine opposing witnesses; d) Impeach wit-
nesses; e) Rebut evidence.
7) The alleged violator has the right to be represented
by an attorney at the probable cause hearing and the formal
hearing.
8) All testimony before the Board shall be under oath
and shall be recorded . The alleged violator or. the City
of Dania may cause the proceedings to be recorded by a
certified court reporter or other certified recording
instrument.
9) The Board should attempt to convene no less frequently
than once every two (2) months, but may meet more or less
often as the demand necessitates.
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Sec . 29-17. Enforcement Orders and Appeals .
1) 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 by certiorari to the Cir-
cuit Court of the Seventeenth Judicial Circuit of Florida
in and for Broward County, Florida. An appeal shall be
filed within thirty (30) days of the execution of the
order to be appealed.
2) 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 .
3) Every enforcement order shall be signed by the Chairman
and shall be filed in the office of the City Clerk of
the City of Dania, Florida . A copy of the signed order
shall be sent by certified mail, return receipt requested,
to the violator.
4) 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.
5) All City employees shall take action as necessary
in accordance with a decision of the Board.
Sec. 29-18 . Subpoena Powers .
The City, the Board or the alleged violator may request
that witnesses and records, including surveys, plats and
other materials, be subpoenaed to any probable cause hearing
or formal hearing. Subpoenas shall be served by officers
of the City of. Dania Police Department. The Chairman
of the Board shall provide the Clerk of the Board with
sufficient signed and blank witness subpoenaes to be
provided to alleged violators and the City Attorney and/or
Assistant City Attorneys for the purpose of subpoenaing
" h witnesses and records. The violator shall pay to the
City of Dania a fee of twelve dollars ($12 . 00) for each
subpoena served.
Sec. 29-19. 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 ordinaces.
Section 2. That Section 1. of this ordinance shall be
codified as Chapter 29 of the Code of Ordinances of the City
of Dania, Florida.
Section 3 . That should any section or provision of this
ordinance or any portion thereof , any paragraph, sentence ,
or word be declared by a Court of competent jurisdiction to
be invalid, such decision shall not affect the validity of
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the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 4. That all ordinances of Darts of ordinances
and all resolutions or parts of resolutions in conflict herewith
be and the same are hereby repealed to the extent of such conflict.
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 the 28th day of
October , 1980 .
PASSED and ADOPTED on Second and Final Reading on the
11t1day of November 1980 .
MA - CO MI SIONER
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ATTEST: r/
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CITY CLERK - AUDITOR
APPROVED FOR FOW1 AND CORRECTIVENESS:
By:�' e 46MM
FRANK C. ADLER, City Attorney
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