HomeMy WebLinkAboutO-2023-004 Amending Ch. 2, Art. 3, Sec. 2-58 Schedule Of Code Enforcement Fines-Civil Penalties to Clarify the Fee Schedule (TX-018-23) executed ORDINANCE NO. 2023-004
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, ENTITLED "SCHEDULE OF CODE
ENFORCEMENT FINES/CIVIL PENALTIES" TO CLARIFY THE FEE
SCHEDULE; 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, the City desires to update and clarify the City's Code Enforcement Fine
Schedule to further identify certain citations to specific sections of the code and to clarify the
schedule as it relates to repeat violations and irreparable/irreversible citations; and
WHEREAS, the City Administration supports the further refinement of the City's fine
code;
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, is amended as follows:
* *
CHAPTER 2,
ADMINISTRATION
* *
ARTICLE III- SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES; CODE
ENFORCEMENT CITATION PROGRAM
* * *
Section 2-58 Schedule Of Code Enforcement Fines/Civil Penalties
* * *
(g) The Code fine/civil penalty schedule is broken down into four(4)five (5) 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.
CHAPTER-SECTION LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 LEVEL 5
$100 $200 $250 Repeat Irreparable Or
One time or One time or One time Violation Irreversible
daily fine daily fine or daily $500 Violations
fine One time or $500- $5,000
daily fine One time or daily
fine
2.5-Adult X X X_
Entertainment
3 -Advertising X X X
4-Alcoholic Beverages X X X
4-20 Hours of x x
entertainment
5-Animals and Fowl X X X
5-6 Cruelty to animal X X
5-11 Permitting animal x x
to commit a nuisance
5-18 Lighting x x
requirements for
marine turtle
protection
6-Beaches,Parks, X X X
Waterways and
Recreation
8—Buildings X X X
8-21 Building Condition X X X
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10-Coin Operated X X
Devices
11 -Fire Protection and X X X
Prevention
12 -Flood Damage X X X
Prevention — —
13-Health and X X X
Sanitation(Bulk Trash)
13-34 Nuisance X X X
Accumulation
13-34(b)Property& X X X
R/W Maintenance — — —
13-34 Prohibitions x x
(accumulation
garbage, litter,
stagnant water,trash,
untended vegetation)
13-29 Stagnant X X
Water/Mosquito
breeding places prohibits
13-69 Bulk trash x x
pickup
13-74(c) Trash Prior X X X X X
Placement/Removal,
14-Junk and
Abandoned Vehicles X X X
15-Business Tax/BTR X X X
16-Vacation Rentals X X X
16-2 Vacation Rentals X X
17-Offenses
Miscellaneous X X X
17-81—Unreasonably
loud noise prohibited X X
17-84 Construction X x
activity
17-130 Smoking& X x x
Vaping in Public Parks
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21 - Sales and Auctions X X X
22- Streets and
Sidewalks X X X
28-Land Development X X X
Code
100-40 Prohibited Use X X X
105-130(A)(1) X X X x
Side/Rear Parking
105-120(A)Prohibited X X X
Commercial Vehicle
265-130(D)Prohibited X X X
Parking
FBC 105.1 Permits X X X
required
826-100 Enforcement X X($5,000 required)
of the removal of
healthy specimen tree
(i)Irreparable or irrevocable violations include, but are not limited to any of the following
sections:
(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
('I) Section 13 29 Mosquito breeding places prohibited
(5) Section 13 34 Prohibitions (accumulation garbage, litter, stagnant water,trash,
(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 speci •
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(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 February 28, 2023.
PASSED AND ADOPTED on second reading on March 14, 2023.
ATTEST: 41A BE4eNs, 1 /
ELORA1E , MC \ a / ARC :A ,I J. R. AN IV
CITY CLERK `to•�. ,y�!' MAYOR
letMSHE°,,%
APPROVED AS TO FORM AND CORRECTNESS:
iTh_z_____
E . BOUTSIS
C ATTORNEY
5 ORDINANCE#2023-004