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4/21/1992
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4/21/1992
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7/23/2015 12:03:31 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
04/21/1992
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ALTERNATIVES AND ANALYSIS <br />Existing Code Enforcement Procedures <br />County code enforcement staff receive and process hundreds of <br />complaints a year regarding violations of county laws and <br />ordinances. In addition to complaint response, staff proactively <br />enforce codes, although the majority of code enforcement actions <br />are complaint based. <br />Under present enforcement procedures, if a violation is not <br />resolved on the staff level, the matter is taken before the County <br />Code Enforcement Board. Established in 1983, the Code Enforcement <br />Board functions in accordance with Chapter 162, Florida Statutes, <br />which sets forth guidelines for local government code enforcement. <br />The Code Enforcement Board serves an important function, <br />successfully resolving many violation cases. However, the average <br />case processing time frame ranges from 60 to 120 days between the <br />time a respondent is first notified and the time at which a daily <br />fine could be imposed. Consequently, an uncooperative respondent <br />could conceivably operate illegally for a number of months without <br />being subject to penalties, resulting in an unfair advantage to the <br />respondent compared to law-abiding citizens. <br />Therefore, although existing code enforcement procedures are <br />sufficient, the adoption of a citation ordinance would facilitate <br />timely resolution of straight forward, easily remedied violations, <br />thus improving the effectiveness of enforcement. <br />Proposed Citation Ordinance <br />The proposed ordinance consists of two main parts: general citation <br />procedures and contracting citation procedures. These two <br />procedures differ based on Florida statute requirements. <br />To enact citation procedures, local governments must adhere to <br />specific parameters set forth in Florida statutes. As such, there <br />is* little opportunity to vary from the State's pre -defined <br />procedures. <br />General Citation Procedures <br />The general citation procedures of the proposed ordinance are based <br />on Section 162.21, F.S. The proposed ordinance would enable a <br />designated code enforcement officer to issue a citation, similar to <br />a traffic ticket, to a respondent for violating a county code <br />requirement. <br />However, as set forth in Section 162.21, F.S.,'a code enforcement <br />officer is required to provide notice to a respondent and allow a <br />reasonable time frame for the respondent to comply prior to issuing <br />a citation. The notification time frame is not to exceed 30 days, <br />and no prior notification is required if the violation "presents a <br />serious threat to the public health, safety or welfare, or if the <br />violation is irreparable or irreversible". <br />Another provision of Section 162.21 enables a local government to <br />adopt a "schedule of penalties" which specifies the amount of fine <br />to be assessed for various types of violations. Consistent with the <br />provisions of Section 162.21, staff has drafted the attached <br />proposed resolution which contains recommended fine amounts and <br />notification time frames for different violation types. <br />11 <br />BOOK. <br />APR 211992 <br />
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