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O-265-C . . CITY OF CLERMONT CODE ORDINANCE ORDINANCE NO 265-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 2, DIVISION 3. CODE ENFORCEMENT BOARD, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, HEREBY ORDAINS THAT: SECTION 1. Chapter 2, Division 3. Code Enforcement Board is hereby amended as follows: Sec. 2-51 Municipal Code Enforcement Board Created A. It is the intent of this Chapter to create Municipal Code Enforcement Boards with the authority to impose administrative fines and other non-criminal penalties to promote, protect, and improve the health, safety, and welfare of the city of Clermont and to provide an equitable, expeditious effective, and an inexpensive method of enforcing any of the City of Clermont's codes and ordinances in force where a pending of repeated violation exists or continues to exist, This chapter has been enacted pursuant to the authority of Chapter 162, F, S. B. The City of Clermont Code Enforcement Board shall have jurisdiction to hear and decide cases in which violations are alleged of any provisions of the City of Clermont Code and its ordinances, C. Any alleged violations of the aforesaid Code and ordinances may also be enforced in any court of competent jurisdiction. Sec. 2-52 Alternate Code Enforcement system The city of Clermont hereby adopts an alternate code enforcement system which g1ves Code Enforcement Boards appointed by the city Council, the authority to hold hearings and assess fines against violators of the City of Clermont codes and ordinances. Sec. 2-53 Definitions. CODE. Clermont Code regulations or of Florida. Any of the several chapters of the City of or its ordinances on zoning and development any other codes or technical codes of the city CODE ENFORCEMENT BOARD SECRETARY. Clermont or designee, Clerk of the City of CODE INSPECTOR. the city of Clermont compliance. Any authorized agent or employee of whose duty it is to assure code 1 . . CITY OF CLERMONT CODE ORDINANCE ORDINANCE NO 265-C ENFORCEMENT BOARD. The City of Clermont Code Enforcement Board appointed by the City Council. LEGAL COUNSEL. The City Attorney shall represent the Code Enforcement Board. REPEAT VIOLATION. A violation of a provision of a code or ordinance by persons whom the Code Enforcement Board has previously found to have violated the same provision within five years prior to the violations, VIOLATOR. The property owner or business entity of the premises, or any combination thereof. Sec.2-54 composition, appointment, terms of requirements, removal and vacancies: members, A. The Code Enforcement Board shall consist of seven (7) members, and two alternate members, each to be appointed by the City council of the city of Clermont for a term of three (3) years, The initial appointments to the Code Enforcement Board shall be as follows: 1, two members appointed for a term of one (1) year each; 2 , three members appointed for a term of two (2) years each; and, 3 . two members appointed for a term of three (3) years each. Thereafter, all appointments shall be made for terms of three (3) years. B. Appointments shall be made in accordance with applicable law and ordinances on the basis of experience or interest in subject matter jurisdiction of the respected Code Enforcement Board. C. A member may be reappointed by a majority of the city Council. D. Appointments to fill a vacancy shall be for the remainder of the unexpired term of office. E. Members of the Code Enforcement Board shall be residents of the City of Clermont at the time of their appointments and throughout their terms of office. Any member who is no longer a resident of the City of Clermont shall be automatically removed and the vacancy filled as provided herein, The members shall serve in accordance with this chapter and consistent with the requirements, if any, of the charter of the City of Clermont and other city of Clermont code sections. If any Code Enforcement Board member fails to attend any two of three consecutive meetings, without prior approval of the chairman of the Code Enforcement Board, the board shall declare the member's office vacant and the vacancy filled as provided herein. Appointments shall be consistent with the charter of the City of Clermont; on the basis of demonstrated experience and interest in the fields of zoning and building control. The membership of the Code Enforcement Board shall 2 . . CITY OF CLERMONT CODE ORDINANCE ORDINANCE NO 265-C whenever possible include an architect, a business man, an engineer, a general contractor, a subcontractor and a realtor, Sec. 2-55 Oath of office Each member of the Code Enforcement Board, upon appointment, shall, before entering upon the discharge of his duties of office, take an oath of office as required by the City of Clermont charter. Organization and compensation of code enforcement; conduct of hearing. A. Organization of the Code Enforcement Board: Sec. 2-56 1. The members of the Code Enforcement Board shall elect a chairman from among its members, The chairman shall be allowed to vote on all matters appearing before the board. 2. The members of the Code Enforcement Board shall elect a vice-chairman from among its members, The vice-chairman shall preside over the public hearing in absence of the chairman, 3. The presence of four or more members shall constitute a quorum. Members shall not be entitled to compensation; however, all members shall receive the reimbursement for mileage for any board related business, except travel to and from regularly scheduled and specially called board meetings. Such reimbursement shall be consistent with City policy, 4. The board may adopt such rules and regulations as are not inconsistent with the provision of this chapter or Chapter 162, F, S" which rules and regulations the board finds necessary to carry out the provision of this chapter, subject to approval by the City Council for the city of Clermont. Sec. 2-58 Enforcement Procedure. A, It shall be the duty of the responsible city departments to initiate enforcement proceedings of the various codes and ordinances; no members of the Board shall have the power to initiate such enforcement proceedings. B. In the case of a first time violation of the City of Clermont Codes and Ordinances, the Code Inspector shall notify the violator and give a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the inspector shall notify the Code Enforcement Board and request a hearing. The Code Enforcement Board at the option of the Code Enforcement Board through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided by this chapter to the violator, At the option of the Code 3 . . CITY OF CLERMONT CODE ORDINANCE ORDINANCE NO 265-C Enforcement Board, notice may additionally be served by publication or posting as provided by this chapter. If the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the Code Enforcement Board. C. If a repeat violation is found, the inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The inspector, upon notifying the violator of a repeat violation, shall notify the Code Enforcement Board and request a hearing. The Code Enforcement Board through its clerical staff, shall schedule a hearing and shall provide notice as provided by this chapter to the violator. The case may be presented to the Code Enforcement Board even if the repeat violation has been corrected prior to the board hearing and the notice shall so state. Sec. 2-59 violations; hearing. If the inspector has reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the inspector shall make a reasonable effort to notify the violator and may immediately notify the Code Enforcement Board and request a hearing thereon. Sec. 2-60 Conduct of Hearings The Code Enforcement Board shall adopt rules for governing the conduct of its affairs not inconsistent with the provision of this chapter, and specifically - 1. Upon request of the code inspector, or at other times as may be necessary, the chairman of the Code Enforcement Board may call hearings of the Code Enforcement Board. Hearings may also be called by written notice signed by at least three members of the Code Enforcement Board. All hearings of the Code Enforcement Board shall be open to the public. 2, The Code Enforcement Board may set, by motion, additional meetings and locations as required, Special meetings may be called by the chairman or vice-chairman in the absence or unavailability of the chairman. A hearing may also be called by written notice signed by at least three (3) members of the Code Enforcement Board. 3, Minutes shall be kept of all hearings, specifically including the vote of each member upon each question, by the Code Enforcement Board and all hearings and proceedings shall be open to the public. All testimonies shall be under oath and mechanically recorded, 4. The City shall provide a hearing room, clerical and administrative personnel as may be reasonably required by the Code Enforcement Board to conduct its hearing and perform its duties. 4 · .. CITY OF CLERMONT CODE ORDINANCE ORDINANCE NO 265-C 5. Each case before the Code Enforcement Board shall be presented by the department head, Code Enforcement Officer or designee of the City department which is charged with the responsibility for enforcement of these specific code sections alleged to have been violated, Additionally, the City Attorney or the designated representative, may present cases before the Code Enforcement Board. 6. All relevant evidence shall be admitted if, in the opinion of the Code Enforcement 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 of statutory rule which might make such evidence inadmissible over objections in a civil action, The chairman of the Code Enforcement Board may exclude irrelevant or unduly repetitious evidence. 7. Each party to the hearing shall have the right to call and examine witnesses, introduce exhibits, cross examine opposing witnesses, impeach witnesses and rebut evidence. 8. The alleged violator has the right, at his own expense, to be represented by an attorney at any board hearing. 9, All testimony before the board shall be under oath and shall be recorded. The alleged violator or the city may cause the proceedings to be recorded by a certified court reporter or by a recording instrument. IQ, The burden of proof shall be with the code inspector to show by the greater weight of evidence that a code violation exists and that the alleged violator committed, or was responsible for maintaining the violation, 11. If notice has been provided pursuant to this chapter to an alleged violator of the public hearing, the hearing may be conducted and an order rendered in absence of the violator. 12. At the conclusion of the hearing, the Code Enforcement Board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein, The findings shall be by motion, approved by a majority of those members present and voting, except that at least four members must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. 13. A certified copy of such an order may be recorded in the public records of Lake County and shall constitute notice to any subsequent purchases, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator, and, if the violation concerns real property, and subsequent purchasers, successors in interest, or assigns. 5 . . . CITY OF CLERMONT CODE ORDINANCE ORDINANCE NO 265-C Sec. 2-61 Same-compliance. If an order is recorded in the public records pursuant to this section and the order is complied with by the dates specified in the order, the Code Enforcement Board shall issue an order acknowledging compliance that shall be recorded in public records. A hearing is not required to issue such an order acknowl~dging compliance. Sec. 2-62 Powers of the Code Enforcement Board. The Code Enforcement Board shall have the power to 1. adopt rules for the conduct of its hearings; 2, subpoena alleged violators and witnesses to its hearings, Subpoenas may be served by the police department of the City of Clermont; 3. 4, 5. Sec. 2-63 Sec. 2-64 subpoena evidence to its hearings; take testimony under oath; issue order having the force of law commanding whatever steps are necessary to bring the violation in compliance. Reserved. Administrative Fines; and Liens. The powers of the special master are the same as an Code Enforcement Board, A. The Code Enforcement Board, upon notification by the inspector that a previous order of the Code Enforcement Board has not been complied with by the set time or, upon finding that repeat violation has been committed, may order the violator to pay a fine in the amount specified in this section for each day the violation continues past the date set by the Code Enforcement Board for compliance or, in the case of a repeat violation for each day the repeat violation continues past the date of notice to the violator of the repeat violation. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for the issuance of an order imposing the fine. B. 1. A fine imposed pursuant to the section shall not exceed $250,00 per day for the first violation and shall not exceed $500.00 per day for a repeat violation. 2. In formulating its order, the board should be consistent in the imposition of fines, paying special attention to the gravity of the violation, any actions by the violator to correct the violation, and any previous violations committed by the violator. 6 . . CITY OF CLERMONT CODE ORDINANCE ORDINANCE NO. . 3, The Code Enforcement Board may reduce a fine imposed pursuant to this section, If, however, the subject violator fails to pay said reduced fine within a period of sixty (60) days from the day the order is rendered deciding said fine, then the original fine shall be reinstated. If the violator makes arrangements through the Code Enforcement Board to pay said reduced fine in monthly payments and fails to timely make anyone of the monthly payments, the original fine less payment made, shall be automatically reinstated, C, A certified copy of, an order imposing a fine may be recorded in the public records of Lake County and thereafter shall constitute a lien against the land in which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of the state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose and a lien filed pursuant to this section, whichever occurs first. After three (3) months from the filing of any such lien which remains unpaid, the Code Enforcement Board may authorize the city Attorney's office to foreclose on the lien. No lien created pursuant to the provisions of this part may be foreclosed on real property which is homestead under S. 4 , Art, X of the state constitution, Sec. 2-65 Duration of the Lien. No lien provided under this chapter shall continue for a period of longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction, In an action to foreclose on a lien, the prevailing parties are entitled to recover all costs, including a reasonable attorney's fee, that incurs in the foreclosure, The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendsn is recorded. Sec. 2-66 Appeal. An aggrieved party, including the city of Clermont may appeal a final administrative order of the Code Enforcement Board to the circuit court, Such an appeal shall not be hearing to de novo but shall be limited to appellate review of the record created before the Code Enforcement Board, An appeal shall be filed within thirty (30) days from the date of the rendition of the order to be appealed. A copy of the notice of appeal shall be filed with the secretary for the Code 7 . . CITY OF CLERMONT CODE ORDINANCE ORDINANCE NO. -",' Enforcement Board and to the clerk of the circuit court. appellate division for the thirteenth judicial circuit of the state of Florida. Sec. 2-67 Reserved Sec. 2-68 Notices. A, All notices required by this part shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivers of the City of Clermont police department or other law enforcement officer, a code inspector, or other person designated by City Council; or by leaving the notice at the violators usual place of residence with any persons residing therein who is above fifteen years of age and informing such person of the contents of the notice. B. In addition to providing notice as set forth in subsection A, at the option of the Code Enforcement Board, notice may also be served by publication or posting, as follows: 1. Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the City where the Code Enforcement Board is located, The newspaper shall meet such requirements as are prescribed under Chapter 50 of the Florida States for legal and official advertisements. 2. Proof of publication or posting may run concurrently with, or may follow, attempt or attempts to provide notice by hand delivers or by mail as required under subsection A. C. Evidence that an attempt has been made to hand deliver or mail notices provided in subsection A. together with proof of publication or posting as provided in subsection B, shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. Sec. 2-69 Severability. Should any section, subsection or provision of this chapter be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decisions shall not affect the validity of the Chapter as a whole, or any part hereof other than the parts so declared to be unconstitutional or invalid. Sec. 2-70 supplemental Enforcement. Nothing contained in these sections, shall prohibit the City of Clermont from enforcing its codes by any other means. 8 . . CITY OF CLERMONT CODE ORDINANCE ORDINANCE ~- Sec. 2-71 Conflict of Interest. Conflict of interest provisions shall apply to members of the Code Enforcement Board pursuant to Florida statutes 112.3143 and to 286.012. section 2. This ordinance shall be published as provided by law and it shall become law and shall take effect upon adoption. First Reading this 27":;:ay of '- ~ ,1990. Second Reading this~day of ~ , 1990 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, :¿ 7ifft, , DAY OF ~ ,1990. LAKE COUNTY, FLORIDA, THIS CITY OF CLERMONT (74/ /!/Z/ ¿/2f-;. ?tstí; Mayor- Attest: -vA'l E.~n z~{ City Clerk 9