HomeMy WebLinkAbout1987-23ORDINANCE NO. 87/IBMIRD
CODE ENFORCEMENT
January 7, 1987
INDIAN RIVER COUNTY ORDINANCE NO. 87- 23
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING DIVISION 21 ARTICLE II;I OF CHAPTER 1 OF
THE CODE OF LAWS AND ORDINANCES, ENTITLED "CODE
ENFORCEMENT BOARD"; AMENDING PARAGRAPH 1-58(b),
ALLOWING FOR A BOARD HEARING IN CASES WHERE A
VIOLATION IS CORRECTED AND THEN RECURS; AMENDING
SECTION 1-60, ALLOWING THE BOARD TO ORDER A FINE
FOR A VIOLATION REPEATED BY THE SAME VIOLATOR,
WITHOUT NEED FOR A HEARING EACH TIME THE VIO-
LATION IS REPEATED; AMENDING SECTION 1-61,
ALLOWING FOR A LIEN TO BE CONTINUED FOR NO
LONGER THAN FIVE YEARS UNLESS FORECLOSURE ON THE
LIEN IS COMMENCED; AND PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS,CODIFICATION, SEVERA-
BILITY, AND EFFECTIVE DATE.
WHEREAS, Section 162.01, Florida Statues, et seq., which
authorizes local code enforcement boards and governs their
procedure was amended in the 1986 Session, and
WHEREAS, it is appropriate and necessary to amend the
Indian River County Code of Laws and Ordinances to reflect the
changes to the Statute;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
Section 1-58(b) of the Code of Laws and Ordinances of
Indian River County is hereby amended to read as follows:
Sec. 1-58. Enforcement procedure.
(b) Except as provided in subsection (c) if a violation
of the codes is found, the code inspector shall notify the
violator and give him a reasonable time considering the nature
of the violation to correct the violation. Should the vio-
lation continue beyond the time specified for correction, the
code inspector shall notify the enforcement board and request
a hearing pursuant to the procedures in section 1-59. Written
notice shall be mailed to said violator as provided in this
division. If the violation is corrected and then recurs, the
case shall be presented to the Code Enforcement Board even if
the violation has been corrected prior to the Board hearing,
and the notice shall so state.
CODING: Words in struek- 1tirm&u(jen type are deletions from
existing law, words underlined are additions.
ORDINANCE NO. 87 -
Section 1-60 of the Code of Laws and Ordinances of Indian
River County is hereby amended to read as follows:
Sec. 1-60. Administrative Fines: liens.
The enforcement board, upon notification by the code
inspector that a previous order of the enforcement board has
not been complied with by the set time or, upon finding that
the same violation has been repeated by the same violator, may
order the violator to pay a fine not to exceed two hundred
dollars and fifty dollars ($250.00) for each day the violation
continues past the date set for compliance or for each time
the violation has been repeated, and a hearing shall not be
necessary for issuance of the order. A certified copy of an
order imposing a fine may be recorded in the public records
and thereafter shall constitute a lien against the land on
which the violation exists, or if the violator does not own
the land, upon any real or personal property owned by the
violator. It may be enforced in the same manner as a court
judgment by the sheriffs of the state, including levy against
the personal property, but shall not be deemed to be a court
judgement except for enforcement purposes. After one year
from the filing of any such lien which remains unpaid, the
enforcement board may authorize the county attorney to fore-
close on the lien. No lien created pursuant to the provisions
of this chapter may be foreclosed on real property which is a
homestead under Section 4, Article X of the State Consti-
tution.
SECTION 3
Section 1-61 of the Code of Laws and Ordinances of Indian
River County is hereby amended to read as follows:
Sec. 1-61. Duration and enforcement of lien.
No lien filed pursuant to this division shall continue
for a period longer than twe--five (5) years after re-
cording, unless within that time an action to foreclose on the
lien is commenced in a court of competent jurisdiction. The
continuation of the lien by the commencement of the action
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ORDINANCE NO. 87 -
shall not be good against creditors or subsequent purchasers
for valuable consideration without notice, unless a notice of
lis pendens is recorded.
SECTION 4
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the
Board of County Commissioners of Indian River County, Florida
which conflict with the provisions of this ordinance, are
hereby repealed to the extent of such conflict. All Special
Acts of the legislature applying only to the unincorporated
portion of Indian River County and which conflict with the
provision of this ordinance are hereby repealed to the extent
of such conflict.
SECTION 5
CODIFICATION
The provisions of this ordinance shall be incorporated
into the County Code and the word "ordinance" may be changed
to "section", "article", or other appropriate word, and the
sections of this ordinance may be renumbered or relettered to
accomplish such intentions.
SECTION 6
SEVERABILITY
If any sections, part of a sentence, paragraph, phrase or
word of this ordinance is for any reason held to be unconsti-
tutional, inoperative or void, such holdings shall not affect
the remaining portions hereof and it shall be construed to
have been the legislative intent to pass this ordinance
without such unconstitutional, invalid or inoperative part.
SECTION 7
EFFECTIVE DATE
The provision of this ordinance shall become effective
upon receipt from the Florida Secretary of State of official
acknowledgement that this ordinance has been filed with the
Department of State.
w
ORDINANCE NO. 87- 23
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 24th day of
February 1987.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
1
LV11 1r • ✓✓1111 _ �,
Chairman V
ATTEST BY
Freda Wrigh :C%A
11
Acknowledgement by the Department of State of the State of
Florida this 2nd day of March 1987.
Effective Date: Acknowledgement from the Department of State
received on this 6th day of March 1987. at 11:00
A.M./P.M. and filed in the Office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
on, Asst.
ttorney
MATTERS
BY
Robert M. Keatfiyg, AI
Planning & Deve opmen Director
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