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Home My WebLink AboutO-2024-015 Amending Secs. 2-58 and 2-72 Relating to Code Violation FinesORDINANCE NO. 2024-QlS-- 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 UPDATE THE SCHEDULE OF FINES; AMENDING Article IV, "CODE ENFORCEMENT", AT SECTION 2-72, "APPLICABILITY" TO UPDATE THE LIST OF CHAPTERS ENFORCED BY THE SPECIAL MAGISTRATE; PROVIDING· FOR CODIFICATION, PROVIDING FOR CODIFICATION, CONFLICTS; SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach, in 2022, established fine/civil penalty schedule , wh ich is assessed in a consistent and fair process; and WHEREAS, the City desires to update the fee schedule to include traffic related and water and sewer related violations; and WHEREAS, the proposed fine /civi l penalty schedu le is reasonable and in attached as Exhibit "A" and is incorporated into this Reso lution by this reference and the City Commission deems it to be in the best interest of the Ci ty to amend its 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 th is reference . Section 2. That Chapter 2, entitled "Administration", Article ill, entitled "Supplemental Code Enforcement Procedures; Code Enforcement Citation Program", at Section 2-58,, is amended as follows: * * * CHAPTER 2, ADMINISTRATION * * * ARTICLE ill-SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES; CODE ENFORCEMENT CITATION PROGRAM * * * Section 2-58 Schedule Of Co de Enforcement Fines/Civil Penalties (h) In the table below each type of violation is identified with its associated level. CHAPTER -SECTION $35 .00 LEVELi LEVEL2 LEVEL3 LEVEL4 LEVELS Certain $100 $200 $250 Repeat Irreparable Or Traffic One time One time One time Violation I rreversible Violations or daily or daily or daily $500 Violations fine fine fine One time or $500 -$5,000 daily fine One time or daily fine 1 -General ~rovisions X or u12 to 60 da:r-s in iail 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 Cruel!Y to animal X X 5-11 Permitting animal to X X commit a nuisance 5-18 Lighting reguirements X X for marine turtle nrotection 6 -Beaches, Parks, X X X Waterways and Recreation 8 -Buildings X X X 8-21 Building Conditi on X X X 10 -Coin Operated X X Devices 11 -Fire Protection and X X X Prevention 12 -Flood Damage X X X Prevention 12.5-8 X, or u12 to 60 da:x-s in iail 13 -Health and Sanitation X X X (Bulk Trash) 2 ORDINANCE #2024-Ot 5 13-34 Nuisance X X X Accumulation 13-34(b} Pro2em & R/W X X X Maintenance 13-34 Prohibitions X X (accumulation garbage, litter, stagnant water, trash, untended vegetation) 13-29 Stagnant X X Water/Mosguito breeding olaces orohi bits 13-69 Bulle trash QiCkuQ X X 13 -74(c) Trash P ri or X X X X X Placement I Removal, 14 -Ju nk and Aband oned Vehicles X X X 1 S -Business Tax / BTR X X X 16-Vacation Rentals X X X 16 -2 Vacation Rentals X X 17 -Offenses Miscellaneous X X X 17-128 sexual offender X, or 60 days in jail 17-13 1 prohibit sale ... X, or 60 c annabinoid days in jail 17-132 prohibit s ale X, or 60 illegal drugs days in jai l 17-81 -Unreasonably lo ud noise 11rohibited X X 17-84 Construction activi!)'. X X 17-130 Smoking & X X X VaQing in Public Parks 2 1 -Sales and Auctions X X X 21-60, Au ction penalties X, or UQ to 60 days in iail 3 ORDINANCE #2024-~ 22 -Streets and Sidewalks X X X 25 T raffic X, plus 25-41, 25-43,25-45, 25-47, $5.00 25-48. 25-50 through 25-68 surcharge, (for personal vehicles) , 25 -p er 24 hour 86, 25-87,25-88,25-104, period 25-107, 25 -1 20, 25-1 21 , 25-122 25 -123 25-48 P arking not to X, plus obstruct traffic for $5.00 trailer, mobile living unit surc harge, (including but not limited per 24 to a recreational vehicle). hour truck over one to n in period wei11ht 25-66, for X, plus An)'. tra ile r. mobile living $5.00 unit (including but not surcharge, limited to a r ecreationa l per 24 vehicle), truck over one hour ton in wei!l'ht period 25-107, parking fire X zone/lane 25-121 12arking at bus/taxi X stand In Chapter 25, on eve!}'. X, 12lus violation, there is a $5.00 s urc harge for schoo l surcharge crossin g guard 12rogram: In addition to the fines provided for in this section, a fi ve dollar ($5 .00) surch arge to 12rovide funds for the ci!J'.'.'s school crossing guard program shall b e added to each fine im12o sed for each parking vio lation, as authori zed b):'. state law. 25 General e enal(J!.: In this X, 12lus cha12ter, where no spec ific $5.00 p enal!J'.'. is provided, a nd an s urc harge act is 12rohibited or declared to be u nlawful or identified as an offense, or w he never in this chapter the doing of an act is reguired or the fa ilure to do an act is declared to b e unlawful. the violator of an)'. ap12li cable provision shall be liable for navment 4 ORDINANCE #2024-Dl.S of a fine of thim-five dollars ($35.00}. 27 Water and Sewer X X X 28 -Land Development X X X Code 100-40 Prohibited Use X X X 105-130(A}(l} Side/Rear X X X X Parking 105-120(A} Prohibited X X X Commercial Vehicle 265-130(0} Prohibited X X X Parking FBC 105.1 Permits X X X reguired 826-100 Enforcement of X X ($5,000 the removal of healthy reguire d) SQeci men tree * * * Section 3. That Chapter 2, entitled "Administration", Article ill, entitled "Supplemental Code Enforcement Procedures ; Code Enforcement Citation Program", at Article IV, " Code Enforcement", at Section 2-72, "Applicability", is amended as follows: * * * Sec. 2-72. -Applicability. The Dania Beach Code Enforcement Special Magistrate (the "magistrate") shall have jurisdiction to hear and decide cases involving alleged violations of the following codes: Chapter 1, General Provisions: Chapter 2.5, Adult Entertainment; Chapter 3. Advertising; Chapter 4. Alcoholic Beverages: s ORDINANCE #2024-0/ 5 Chapter 5, Animals and Fowl; Chapter 6, Beaches, Parks, Waterways and Recreation; Chapter 7, Bicycles; Chapter 8, Buildings; Chapter 10 -Coin Operated Devices: Chapter 11, Fire Protection and Prevention; Chapter 12, Flood Damage Prevention; Chapter 13 , Health and Sanitation; Chapter 14, Junked and Abandoned Vehicles ; Chapter 15 , Business Tax; Chapter 16. Vacation Rentals: Chapter 17. Offenses Miscellaneous: Chapter 21 , Sales and Auctions; Chapter 22, Streets and Sidewalks; Chapter 25, Division 6, Taxis, Buses, and Other Common Carriers ; Chapter 27, Water and Sewers; and All provisions and regulations of the Land Development Code of the City of Dania Beach, Florida, as it is now existing or as it may be amended by ordinances from time to time and including ordinances or resolutions adopted under chapter 28 that approve site plans, variances or special exceptions. This shall include, but not be limited to, noncompliance with any element of an approved site plan and the conditions of approval, if any, which may be attached to the approved site plan. * * * Section 4. 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. 6 ORDINANCE #20 24 -1A5 Section 5. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 6. It is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 7. That this Ordinance shall be effective 10 days after passage. PASSED on first reading on Har vh \ L.-, 2024. PASSED AND ADOPTED on second reading on Har vh 2 (/) 2024. First Readin~ Motion by: U2fnm iSs,rnff ~~ Second by: i i Cf ~v-{£,we I Len Second Reading: Motion by: \j i({ rJ.Cllf( /.;(,;v,./eJfen Second by: Ccxnrn i.SSicnRK ca v,s FINAL VOTE ON ADOPTION: Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV Unanimous / Yes No SIGNATURE PAGE TO FOLLOW 7 ORDINANCE #2024-12.1..5"" APPROVED AS TO FORM AND CORRECTNESS: 8 ORDINANCE #2024-Ll..':;-