HomeMy WebLinkAboutO-2022-026 Amending Sec. 2-58 to Create Schedule of Code Enforcement Fines-Civil Penalties (TX-057-22) ORDINANCE NO. 2022-026
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION", ARTICLE III, ENTITLED "SUPPLEMENTAL CODE
ENFORCEMENT PROCEDURES; CODE ENFORCEMENT CITATION
PROGRAM", AT SECTION 2-58, WHICH SECTION IS CURRENTLY
RESERVED, TO CREATE THE CITY'S "SCHEDULE OF CODE
ENFORCEMENT FINES/CIVIL PENALTIES"; PROVIDING FOR
CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY;AND FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Community Development Department (the "Department") staff has
evaluated existing code violation fines/penalties in order to establish a formal fine/civil penalty
schedule for City Commission approval; and
WHEREAS, through its analysis, the Department has determined that industry best
practices call for a formal fine/civil penalty schedule to be identified; and
WHEREAS, the establishment of such fine/civil penalty schedule will ensure that
fines/penalties are assessed in a consistent and fair process; and
WHEREAS, the proposed fine/civil penalty schedule is reasonable and is attached as
Exhibit "A" and is incorporated into this Ordinance by this reference and the City Commission
deems it to be in the best interest of the City to adopt and codify a fine schedule,
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "WHEREAS" clauses are ratified and confirmed as being
true and correct,and they are made a part of and incorporated into this Ordinance by this reference.
Section 2. That Chapter 2, entitled "Administration", Article III, entitled
"Supplemental Code Enforcement Procedures; Code Enforcement Citation Program", at Section
2-58, which Section is currently reserved, is amended as follows:
* * *
CHAPTER 2,
ADMINISTRATION
* * *
ARTICLE III- SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES; CODE
ENFORCEMENT CITATION PROGRAM
* * *
Section 2-58 RESERVED. Schedule Of Code Enforcement Fines/Civil Penalties
(a) All fines/civil penalties shall be consistent with the requirements of Florida Statutes,
Section 162.21, entitled"Enforcement of county or municipal codes or ordinances;penalties" and
Section 166.22, entitled "Designation of enforcement methods and penalties for violation of
municipal ordinances."
(b) A fine imposed pursuant to this section shall not exceed $250 per day for a first violation
and shall not exceed $500 per day for a repeat violation, and, in addition, may include all costs of
repairs if the City is required to remedy the dangerous, hazardous or necessary of repair situation,
as provided in this Code.
(c) However, if the Special Magistrate finds the violation to be irreparable or irreversible in
nature, he/she may impose a fine of $500.00, per day the violation exists, and up to, but not
exceeding, $5,000 per violation, per day.
(d) In determining the amount of the fine, if any, the Special Magistrate shall consider the
following factors:
1. The gravity of the violation;
2. Any actions taken by the violator to correct the violation; and
3. Any previous violations committed by the violator.
(e) A Special Magistrate may also reduce a fine imposed pursuant to this section, upon
taking into consideration the factors in subsection(d) and the testimony presented at the hearing.
(f) A certified copy of an order imposing a fine/civil penalty, or a fine/civil penalty, plus
repair costs,may be recorded in the public records and thereafter shall constitute a lien against the
land on which the violation exists and upon any other real or personal property owned by the
violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as
a court judgment by the sheriffs of this state, including execution and levy against the personal
property of the violator, but such order shall not be deemed to be a court judgment except for
enforcement purposes. A fine/civil penalty imposed pursuant to this part shall continue to accrue
until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to
this section, whichever occurs first. A lien arising from a fine/civil penalty imposed pursuant to
this section runs in favor of the local governing body, and the local governing body may execute
a satisfaction or release of lien entered pursuant to this section. After three (3) months from the
filing of any such lien which remains unpaid, the Special Magistrate may authorize the local
governing body attorney to foreclose on the lien or to sue to recover a money judgment for the
amount of the lien plus accrued interest.No lien createdpursuant to the provisions of this part may
be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution.
2 ORDINANCE#2022-026
The money judgment provisions of this section shall not apply to real property or personal property
which is covered under s. 4(a), Art. X of the State Constitution.
(g) The Code fine/civil penalty schedule is broken down into four(4) categories:
Level 1 - $100.00 for first violation
Level 2 - $200.00 for first violation
Level 3 - $250.00 for first violation
Level 4 - $500.00 for repeat violations, which applies to all
Level 5 - $500.00 - $5,000 for irreparable violations, as determined by special
master as identified in Section 2-81 and Section 826-10.
(h) In the table below each type of violation is identified with its associated level.
(i) Irreparable violations include, but are not limited to any of the following sections:
Level I Level II Level III
$100 $200 $250
CHAPTER 2.5 - ADULT ENTERTAINMENT CODE * - - X X
Chapter 3 —ADVERTISING* X - -
Chapter 4 - ALCOHOLIC BEVERAGES* - - X
Chapter 5 -ANIMALS AND FOWL* - X -
Chapter 6 - BEACHES, PARKS, WATERWAYS X
AND RECREATION * — - -
Chapter 8—BUILDINGS* X -
Chapter 10 - COIN-OPERATED DEVICES * - X -
Chapter 11 - FIRE PROTECTION AND X
PREVENTION* -
Chapter 12 - FLOOD DAMAGE PREVENTION X
* X
Chapter 13 - HEALTH AND SANITATION X
(bulk trash) - -
Chapter 14 - JUNKED AND ABANDONED X
VEHICLES * - — -
Chapter 15 - BUSINESS TAX - X -
Chapter 16 -VACATION RENTALS* - - X
Chapter 17 - OFFENSES—MISCELLANEOUS X
(noise)* -
Chapter 21 - SALES AND AUCTIONS * - X -
Chapter 22 - STREETS AND SIDEWALKS * - X -
Chapter 28 -LAND DEVELOPMENT CODE * - X
3 ORDINANCE#2022-026
be deemed to be a court judgment except for
enforcement purposes. A fine/civil penalty imposed pursuant to this part shall continue to accrue
until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to
this section, whichever occurs first. A lien arising from a fine/civil penalty imposed pursuant to
this section runs in favor of the local governing body, and the local governing body may execute
a satisfaction or release of lien entered pursuant to this section. After three (3) months from the
filing of any such lien which remains unpaid, the Special Magistrate may authorize the local
governing body attorney to foreclose on the lien or to sue to recover a money judgment for the
amount of the lien plus accrued interest.No lien createdpursuant to the provisions of this part may
be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution.
2 ORDINANCE#2022-026
(1) Section 4-20 Hours of entertainment
(2) Section 5-11 Permitting animal to commit a nuisance
(3) Section 5-18 Lighting requirements for marine turtle protection
(4) Section 13-29 Mosquito breeding places prohibited
(5) Section 13-34 Prohibitions (accumulation garbage, litter, stagnant water, trash,
untended vegetation)
(6) Section 13-69 Bulk trash pickup
(7) Section 16-2 Vacation Rental
(8) Section 17-81 Unreasonably loud noise prohibited
(9) Section 17-84 Construction activity
(10) Section 826-100 Enforcement of the removal of healthy specimen tree
(j) Additionally, with the exception of Chapter 15, each level violation can be ordered by the
Special Magistrate as a one-time fine or a daily running fine, depending on the evidence presented
and the criteria identified in subsection(d), above.
* * *
Section 3. 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 4. That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 5. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSED on first reading on July 12, 2022.
PASSED AND ADOPTED on second reading on August 23, 2022.
ATTEST: 7ir �p► BE4
THOMAS SCHNEIDER, CMC TAMARA JA S
CITY CLERK t0A, fr . MAYOR
g8L15%4 •
APPROVED AS TO FORM AND CORRECTNESS:
EV A. B 1+UTSIS
C ATTORNEY
4 ORDINANCE#2022-026
21 - SALES AND AUCTIONS * - X -
Chapter 22 - STREETS AND SIDEWALKS * - X -
Chapter 28 -LAND DEVELOPMENT CODE * - X
3 ORDINANCE#2022-026
be deemed to be a court judgment except for
enforcement purposes. A fine/civil penalty imposed pursuant to this part shall continue to accrue
until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to
this section, whichever occurs first. A lien arising from a fine/civil penalty imposed pursuant to
this section runs in favor of the local governing body, and the local governing body may execute
a satisfaction or release of lien entered pursuant to this section. After three (3) months from the
filing of any such lien which remains unpaid, the Special Magistrate may authorize the local
governing body attorney to foreclose on the lien or to sue to recover a money judgment for the
amount of the lien plus accrued interest.No lien createdpursuant to the provisions of this part may
be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution.
2 ORDINANCE#2022-026