HomeMy WebLinkAboutO-2010-008 Citation Ordinance ORDINANCE NO. 2010-008
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 2 (ENTITLED
"ADMINISTRATION") ARTICLE III OF THE CITY CODE OF
ORDINANCES, WHICH ARTICLE IS ENTITLED "SUPPLEMENTAL CODE
ENFORCEMENT PROCEDURES; CITATIONS FOR COUNTY COURT
APPEARANCES", TO PROVIDE FOR ISSUANCE OF CITATIONS BY CODE
ENFORCEMENT OFFICERS FOR VIOLATIONS OF THE CITY CODE;
PROVIDING FOR CITATIONS TO BE HEARD IN BROWARD COUNTY
COURT OR BY A SPECIAL MAGISTRATE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach has determined that the
issuance by code enforcement officers of citations for city code violations is an efficient
supplemental method to enforce compliance of the city codes; and
WHEREAS,the City Commission of the City of Dania Beach finds and declares that the
adoption of this Ordinance is necessary and appropriate to advance and serve the health, safety
and general welfare of the citizens of Dania Beach, Florida;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. The preceding "WHEREAS" clauses are ratified and incorporated into this
Ordinance as the legislative intent of this Ordinance.
Section 2. Chapter 2, Article III "SUPPLEMENTAL CODE ENFORCEMENT
PROCEDURES; CITATIONS FOR COUNTY COURT APPEARANCES" is amended to read
as follows:
ARTICLE III. SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES;
f`iT A T-40NS FOR GOUNTV COURT A PRE A R A N!'L'C CODE ENFORCEMENT
CITATION PROGRAM
Sec. 2-50. Definitions
As used in this section:
(3) Service of citation means the act of serving a citation upon an alleged
violator or offender pursuant to section 2-56 2-53.
See. 2-51. issuanee of eitation authorized. Authorization.
n..t6er:..vA to issue a n:}e}:en ten When,sen based .
ip Bit
a eivil ipSfaetion in violation of a duly enaeted eode or- ordinanee and that the, AfsAvAM Cmmt-y
CetH4 will heaf the ehafge. The per-son may be eited to appeaf to answer, plead to or othef-wise
defend against the alleged . ela4ie« of the orA7nanee
(b) Prior to issuing a eitation under- the supplemental Bede en f ree... ent « eedures for n
final ordef and a supplemental efdefMaim of lien against the vieWaf: &r 4he same provision on
the same prepei4y .dH.n 4:..e (5) year-s r to the . eletiop
(a) Pf:ier te issuing a eiWian, a eade enfefement effieef shall pf:e,,,ide nefiee to the person that
than thifty (30) days,
(d) if-, upen pef:senal investigation, a eede enfefeement effieef finds that !he pefsaft has not
the per-sonwho has n muted the . elation.
(e) A Bede enf reep.ent oFQner :s not required to provide the person with a reasonable time
l
(3) The . elntie« : irrepafable o iffeversible.
The City establishes a supplemental and additional method of enforcing its codes and ordinances
by the issuance of citations for violation of City codes and ordinances. Nothing contained in this
Article shall prohibit the City's enforcement of its codes or ordinances by other means.
Sec. 2-52. Citation ton ntain fees n nstit ting reasonable e .- Applicable codes and
ordinances.
infi;aetien was )
2 ORDINANCE#2010-008
Each of the codes and ordinances of the City may be enforced pursuant to the supplemental code
enforcement citation procedures contained in this Article. The schedule of codes and ordinances
shall include such codes and ordinances as they may be from time to time amended, renumbered,
codified or recodified including codes and ordinances enacted subsequent to the adoption of this
Article.
Sec. 2-53. Form of eitation. Procedures: investigation of violations, issuance of citations.
following fefm:
TAT Tun G-T NTY COURT
B OWAnD CO NTv FLORIDA
CITATION
c-rx-i-i-rzvrr
issued on this day of , 28 ata.m
OFFENSE
e .p
.,leyed by the Gity of P,,ni Beaeh(Nt ame sf Issuer of Git„4i8n)Be„eh asa Code Enforeemefft Offiaer, says that an the day of
29 , at a m4p� the above deseribed person totes eitatien is
Git., of Dania Beael. to ...a.
if you eleet set We een-t-tast 1-he eitation, the applicable eivil penalty is a fine of$250, whieh ffitis
be paid YAI4in 10 days ef the deAe the eitatian was issued. Payment is to be made te the
mloorivcor:. 33004.
if yeti ,.ti,,.ese to „ontest ahe, ..item..) you are hereby „ nded and a:_eetea to appear a4 the
>
F"F)_:a-.ate nt
a.m4p.m. on the day of 29 to
answef, fespend to, plead or etherwise defend yourself against the above ofte6on whieh eharges
an ,.ff nse under the rode ,.f O-fdinanees of the City of Dani.. Beach Werida The plie,.l.le
-"mac
W VOU FAIL ii TO D A V THE CIVILPENALTY 7 TV WITHIN THE TIME ALLOWED,-OR
FAIL 77 TO APPEAR A D iN COURT TO CONTEST THE CITATION VOU SHALL i i BE
3 ORDINANCE#2010-008
DEEMED TO HAVE WAIVED VOUR PAG17T TO CONTEST THE CITATION AND
JUDGMENT MAY V BE ENTERED AGAINST VOU FOR AN AMOUNT O NT ITR TO THE
MAXIMUM OWL PENALTY ALLOWED.
r AGREE AND PROMISE TO l404412I V AND ANSWER TO TISE C14ARGES AND
WSTRi CTIONS SPECIFIED 01 T141S CITATION WILLFUL F iI REFUSAL A T TO A GGERT ANTI
zx,o-rxciTc-rxvr�svrcr�rnxrcrz
SIGN TILE CITATION aAAV DECEIT T Pi ARREST T UNDERSTAND V SI!_NATURC IS
r�El
NOT AN MISSION OF GUILT OR WAIVERMY
OF RIGHTS. YOU NEED
R E n enwi n RI E FACULTY ACCOMMODATION TO CON412I v nmru TUTc GIT n PO N
,
CONTACT THE CLERK V OF THE GO TRT A T TAE, SO TI LT SATELLITE TET T ITE CO iRT E—
(a) A code enforcement officer is authorized to issue a citation to any person for violation of any
City code or ordinance when, based upon personal investigation, the code enforcement officer
has reasonable cause to believe that a violation has occurred. The word "person" shall mean all
individuals, sole proprietorships, partnerships, companies, corporations, and all other business
entities of all kinds.
(b) Except as provided by subsection (c) below, the code enforcement officer shall provide
notice to the person that the person has committed a violation of such code or ordinance and
shall establish a reasonable time period within which the person must correct the violation. Such
time period to correct the violation shall not exceed thirty (30) days.
(c) If a repeat violation is found or if the code enforcement officer has reason to believe that the
violation presents a serious threat to the public health, safety or welfare, or if the violation is
irreparable or irreversible, a code enforcement officer is not required to provide the person with a
reasonable time period to correct the violation prior to issuing a citation and may immediately
issue a citation.
(d) Written warning notices, if applicable, and citations shall be provided to the alleged violator
by hand delivery by the code enforcement officer. In the absence of the alleged violator, issuance
of a written warning notice or citation may be accomplished by leaving a copy at the alleged
violator's residence with any person residing in it who is fifteen (15) years of age or older and
informing the person of the contents, or by registered or certified mail, return receipt requested.
(e) Issuance of a written warning notice or citation to a business may be accomplished by leaving
a copv at the business during regular business hours with any employee and informing the
employee of the contents, or by registered or certified mail, return receipt requested. Each
employee of the business shall be deemed to be an agent of the business for service of warning
notices and citations.
M If upon personal investigation the code enforcement officer finds that the violation has not
been corrected within the specified time period, a code enforcement officer may issue a citation
for a civil infraction to the person accused of committing the violation.
(@) A citation shall include but not be limited to the following
4 ORDINANCE#2010-008
(1) date and time of issuance;
(2) name of the code enforcement officer and jurisdiction;
(3) name and address of the violator;
(4) code section that has been violated;
(5) brief description of the nature of the violation, including location, date and time of
violation;
(6) amount of the applicable civil penalty;
(7) procedure of the person to follow to pay the civil penalty, or to contest the citation;
(8) notice that if the person fails to pay the civil penalty within the time allowed, and
fails to appear in court (if assigned to County Court), or fails to request an administrative
hearing within ten (10) calendar days of service (if the case is assigned to a special
magistrate), then the person shall be deemed to have waived his or her rights to contest
the citation and that, in such case, judgment may be entered up to the maximum civil
penalty; and
(9) notice that the person may be liable for reasonable costs of the hearing should the
violator be found guilty of the violation.
(h) Each violation of a City code or ordinance is a separate civil infraction. Each day that such
violation continues shall be deemed to constitute a separate civil infraction.
(i) The maximum civil penalty or fine for each violation shall not exceed five hundred dollars
($500.00). A schedule of civil penalties or fines shall be adopted by resolution of the City
Commission.
(i)After issuing a citation to an alleged violator, the code enforcement officer shall:
(1) provide the person cited with one (1) copy;
(2) retain one(1) copy in the code enforcement officer's department or division file; and
(3) deposit the original citation and one (1) copy of the citation with the clerk of court for
the county court or the clerk of the code compliance special magistrate of the City.
(k) If the person cited refuses to sign the citation, the code enforcement officer shall write the
words "refused" or "refused to sign" in the space provided for the person's signature. The code
enforcement officer shall then leave a copy of the citation with the person cited, if possible, and
shall notify Dania Beach law enforcement and request filing of the necessary reports alleging a
violation of F.S. § 162.21(6), which provides that a 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 775.082 or Section 775.083, Florida Statutes.
(1) Each person issued a citation to appear in county court or before a special magistrate shall
have the following options:
(1) For a citation issued to appear in count court:
5 ORDINANCE#2010-008
(a) The person who has been served with a citation to appear in county court
shall either correct the violation, and pay the civil penalty in the manner indicated
on the citation, if not timely corrected; or
Appear on the designated court date and contest the citation before a County
Court Judge. Failure to appear in county court on the designated court date shall
be deemed a waiver of the rights of the person to contest the citation and may
result in the imposition of a fine against the violator for an amount up to the
maximum civil penalty.
(2) For a citation issued to appear before a special magistrate:
(a) The person who has been served with a citation to appear before a special
magistrate shall either correct the violation, and pay the civil penalty in the
manner indicated on the citation, if not timely corrected; or
(b) Request an administrative hearing before a special magistrate to appeal the
decision of the code enforcement officer. Such appeal shall be filed not later than
ten (10) calendar days after the service of the citation.
(c) Failure of the violator to anneal the decision of the code enforcement officer
within the ten (10) calendar days shall constitute a waiver of the violator's right to
an administrative hearing. A waiver of the right to an administrative hearing may
result in the imposition of a fine against the violator for an amount up to the
maximum civil penalty.
Sec. 2-54. A.4ndifiontion of form Appeals
The above deseribed feffn of eiaetisn may be amended o edified by the My manager
eendition that any amended or modified figfffi should eoR4ain substaflfially the ififeffflatian set
(a) A party may seek a rehearing of the case by a written motion for rehearing within ten
(10) calendar days of rendition of the decision by the special magistrate. The motion for
rehearing shall set forth issues which were overlooked or omitted at the hearing but shall not
consist of re-argument of the case. The motion shall be filed with the Special Magistrate Clerk,
Code Enforcement Division, City of Dania Beach, 100 West Dania Beach Boulevard, Dania
Beach, Florida 33004. The party filing the motion is responsible for forwarding a copy of the
motion to the other party. The special magistrate clerk shall forward the motion for rehearing to
the special magistrate and the special magistrate shall enter an order on the motion for rehearing
or schedule a hearing on the motion. If the motion for rehearing is granted, the case shall be set
for rehearing as soon as practicable.
(b) A party may appeal a decision of a special magistrate to the Seventeenth Judicial Circuit for
Broward County within thirty(30) days of the date of the rendition of the decision of the special
magistrate as provided by the Florida Rules of Appellate Procedure.
ORDINANCE#2010-008
Sec. 2-55. Who may sign and serve. Procedures for Payment of Civil Penalty to County
Clerk.
efrest pewere:
When payment of any civil penalty imposed by this article is paid to the clerk of the county
court, the clerk shall forward the monies collected to the City for deposit into the appropriate
City fund. If a judgment has been entered for the civil penalty, the clerk of the court shall notify
the City when the judgment has been paid, and the necessary satisfaction of judgment shall be
prepared and submitted to the clerk of court.
Sec. 2-56. . Giyil Penalty Sehedule
whom—the—eitatia n—is uddi:e9ged. After issuing—a eitation to an alleged yielmaf, a Eede
Sec. 2-56. Refusal to sign and neeept eitatio _,.Milted, Supplemental means of
enforcement.
Any person who . .. uauraT .c.iuocoz
affieef shall be
etet..te., eeetien 775.092 or 77e nvz
(a) Law enforcement officers may issue a citation, a summons, or a notice to appear for
violation of municipal ordinances as provided for in Florida Statutes, Chapter 901.
(b) The provisions and procedures contained in this article 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 from
enforcing the Code of Ordinances by any other means.
Sec. 2-57. Supplemental means of enfereement Collection and recovery of civil penalties.
(a) Taw ea f ..eement e ffieer-s may issue a eitet:e.,, a or a neve to appear- Ce,.
, fi
.rvcus.va.vx ,
(b) The provisions and preeedures eantained in this artiele shall be in addition and supplemenial
to any e�her r-emedies new existing or- subsequently provided for by law, for- the enforeeme
,v:yua v,dinanevs vfn the eit. Nothing eantained in this seetien .hall .,°Milt the Gity a f
Dania Beaeh ffefn efifefeing the Code ef Ordinanees by any other means.
(a) The city manager, or his or her designee, shall provide the appropriate guidelines and
procedures for the administration, collection, record keeping, reporting and accountability of
fines assessed under this article.
(b) The City may institute proceedings in a court of competent jurisdiction to compel payment
of civil penalties.
7 ORDINANCE#2010-008
(c) If the special magistrate finds that a violation exits and assesses the fine, or if the violator
does not contest the citation as provided under this article, and the violator fails to pay the
applicable fine, the special magistrate may enter an order imposing the fines previously set, plus
administrative costs. A certified copy of the order imposing a civil penalty, plus administrative
costs, may be recorded in the public records and thereafter shall constitute a lien against the real
or personal property of the violator. Upon petition to the circuit court, such order may be
enforced in the same manner as a court iudgment by the sheriffs of this state, including a levy
against personal property, but shall not be deemed to be a court judgment except for enforcement
purposes. After three (3) months from the filing of any such lien which remains unpaid, the City
may foreclose or otherwise execute on the lien. No lien created pursuant to the provisions of this
section may be foreclosed on real property which is homestead property under Article X, Section
4, of the Florida Constitution.
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, or provision 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 take effect immediately upon its passage and
adoption.
PASSED on first reading on May 11, 2010.
PASSED AND ADOPTED on second reading on May 25, 2010.
i
C. k. mcELYffAov
117
ATTEST: a�A�rs F[Rsr c�rrMAYOR-COMMISSIONER
mQ
LOUISE STILSON, CMC
CITY CLERK
1�
APPROVED AS O AND CORRECTNESS:
THOMASJ NSB
CITY ATTORNEY
8 ORDINANCE#2010-008