HomeMy WebLinkAbout1992-09ORDINANCE NO. 92- 09
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING
CHAPTER 103, COMMISSIONS AND BOARDS, OF THE COUNTY CODE;
CREATING SECTION 103.07, CODE ENFORCEMENT CITATION
PROCEDURES- - GENERAL; CREATING-SECTION103._0-$, CODE
ENFORCEMENT CITATION PROCEDURES - CONTRACTING; AND
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,
CODIFICATION, SEVERABILITY AND EFFECTIVE DATE.
Be it ordained by the Board of County Commissioners of Indian River
County that:
SECTION 1:
Chapter 103, Commissions and Boards, of the Code of Indian River
County is hereby amended by creating Sections 103.07 and 103.08, to
read as follows:
SectiDn-1-03_.07_.-Code-EnforcementCitation Procedures - General._
(1) These procedures are enacted pursuant to Section 162.21,
Florida Statutes.
(2) Citation authorization; application.
A code enforcement officer so designated by the county is
authorized to issue a citation to a person when, based upon
per sonalinvestigatioTr, -the-officer-has-reasonable-cause to--be-lieve
that the person has committed a civil infraction in violation of a
duly enacted county code or ordinance; the county court will hear
the charge. Designation as a code enforcement officer does not
provide the code enforcement officer with the power of arrest or
subject the code officer to the provisions of ss. 943.085-943.255,
F.S.
(_3) Notification prior to citation issuance; procedures.
(a) Prior to issuing a citation, a code enforcement officer shall
provide notice to the person that the person has committed a
violation of a code or ordinance and shall establish a reasonable
time period within which the person must correct the violation.
Such time period shall be no more than 30 days. If, upon personal
investigation, a code enforcement officer finds that the person has
not corrected the violation within the time period, the code
enfDroement--officer-may issue -a citation---to-the- -person _who has
committed the violation. A code enforcement officer does not have
to provide the person with a reasonable time period to correct the
violation prior to issuing a citation and may immediately issue a
citation if the code enforcement officer has reason to believe that
the violation presents a serious threat to the public health,
safety, or welfare, or if the violation is irreparable or
irreversible.
1For purposes of this section, "irreparable or irreversible"
violations shall include (but not be limited to) violations that
result in apparent financial advantage for the violator in
comparison to law-abiding citizens.
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ORDINANCE NO. 92 -
Notwithstanding the preceding paragraph (103.07(3)(a)), the Board
of County Commissioners shall adopt, by resolution, a schedule of
violations and penalties to be assessed by code enforcement
^f ficers rine lud-i ng--&t-andard-nati-f iGation-time-periods-f-or-speci f is
types of violations, said time periods not exceeding 30 days.
(b) A citation issued by a code enforcement officer shall be in a
form prescribed by the county and shall contain:
The date and time of issuance.
2. The name and address of the person to whom the citation is
issued -
3. The date and time the civil infraction was committed.
4. The facts constituting reasonable cause.
5. The number of the section of the code or ordinance violated.
6. The name and authority o__f the code enforcement officer.
7. The procedure for the person to follow in order to pay the
civil penalty or to contest the citation.
8. The applicable civil penalty if the person elects to contest
the citation.
9. The applicable civil penalty if the person elects not to
10. A conspicuous statement that if the person fails to pay the
civil penalty within the time allowed, or fails to appear in
court to contest the citation, he shall be deemed to have
waived his right to contest the citation and that, in such
case, judgement may be entered against the person for an
amount up to the maximum civil penalty.
11
A statement to read as follows: I hereby elect to waive my
right to a court hearing and in lieu thereof select to have my
case heard by the Indian River County Code Enforcement Board
or designated special master. I understand that the decision
of the code enforcement board or designated special master
shall be final and binding on me. (signature).
(4) After issuing a citation to an alleged violator, a code
en€orsement of -f -ice -r shal1--deposit-the—or ig ina Lcitation_ and one
copy of the citation with the county court, unless the alleged
violator elects to appear before the code enforcement board or
designated special master in which case the citation and copy shall
be deposited with the secretary of the code enforcement board.
(5) Any person who willfully refuses to sign and accept a citation
issued by a code enforcement officer shall be guilty of a
misdemeanor of the second degree, punishable as provided in s.
775.012 s.-775 083.E.S.
(6) The provisions of this section shall not apply to the
enforcement of building codes adopted pursuant to s. 553.73, F.S.,
as they apply to construction, provided that a building permit is
either not required or has been issued by the county.
(7) The provisions of this section are an additional and
supplemental means of enforcing county codes and ordinances;
nothing contained in this section shall prohibit the county from
enforcing its codes or ordinances by any other means.
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ORDINANCE NO. 92 -
Section 103.08 Code Enforcement Citation Procedures - Contracting.
(1) These procedures are enacted pursuant to Section 489.127,
r!UEiUd JLdLueS.
issue a citation for any violation of ss. 489.127(1) or s.
489.132(1), F.S. (relating to unlicensed, uncertified or
unregistered contractors), or for any violation of County Code
Chapter 400, "Regulation of Contractors", whenever, based upon
personal investigation, the code enforcement officer has reasonable
and probable grounds to believe that such a violation has occurred.
(3) A contracting citation issued by a code enforcement officer
shall be in a form prescribed by the county and shall contain the
information outlined in subsection 103.07(3)(b), items 1-9.
(4) Penalties. The Board of County Commissioners shall adopt, by
resolution, a schedule of penalties to be assessed by the code
enforcement officer, for each prohibited contracting activity as
set forth in ss. 489.127(1) and 489.132(1), F.S., and Chapter 400
of the County Code. The maximum civil penalty which may be levied
shall not exceed $500. Each wing violation
continues shall constitute a separate offense.
(5) Cessation of violations; hearing procedures.
(a) The act for which the citation is issued shall be ceased upon
receipt of the citation. The person charged with the violation
shall elect either to correct the violation and pay the civil
of receipt of the citation, exclusive of weekends and legal
holidays, request an administrative hearing to appeal the issuance
of the citation by the code enforcement officer. Said
administrative hearing shall be held before the county code
enforcement board or designated special master. Any person who
willfully refuses to sign and accept a citation issued by a code
enforcement officer commits a misdemeanor of the second degree,-
punishable as provided for in s. 775.082 or 775.083, F.S.
(b) Failure of a violator to appeal the decision of the code
enforcement officer within the time period set forth in the
preceding paragraph shall constitute a waiver of the violator's
right to an administrative hearing. A waiver of the right to an
administrative hearing shall be deemed an admission of the
violation and penalties may be imposed accordingly.
(c) If the person receiving the citation or his designated
representative, shows that the citation is invalid or that the
violation has been corrected prior to appearing before the county
enforcement board or designated special master, the enforcement
board or designated special master shall dismiss the citation
unless, with regard to a corrected violation, the violation is
irreparable or irreversible .2
2For purposes of this section, "irreparable or irreversible"
violations shall include (but not be limited to) violations that
result in apparent financial advantage for the violator in
comparison with law-abiding contractors.
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ORDINANCE NO. 92-
(d) If the enforcement board or designated special master finds
that a violation exists, the enforcement board or designated
spec-ia-l-mater may -order- the vio-la-tomato-pay-a-civi]_-psnalty o -f -not
less than the amount set forth on the citation but not more than
$500 per day for each violation. In determining the amount of the
penalty, the enforcement board or designated special master shall
consider the following factors:
1. The gravity of the violation.
2. Any actions taken by the violator to correct the violation.
3. Any previous violations committed by the violator.
(e) Upon written notification by the code enforcement officer that
a violator has not contested the citation and has not paid the
civil penalty within the time frame allowed on the citation, or if
a violation has not been corrected within the timeframe set forth
on the citation (as applicable), the enforcement board or
designated special master shall enter an order ordering the
violator to pay the civil penalty set forth on the citation, and a
heariag_shall_not be -necessary for the issuance of such order.
(f) A certified copy of any order imposing penalty against an
uncertified contractor may be recorded in the public records and
thereafter shall constitute a lien against any real or personal
property owned by the violator. The lien may be foreclosed upon
after 3 months from the filing of any such lien which remains
unpaid, in accordance with the provisions of ss. 487.127(3)(h),
F.S.
(6) Appeal to circuit court. An aggrieved party, including the
local governing body, may appeal a final administrative order of
the enforcement board or designated special master to the circuit
court. Such an appeal shall not be a hearing de novo but shall be
limited to appellate review of the record created before the
enforcement board or designated special master. An appeal shall be
filed within 30 days of the execution of the order to be
appealed. -
(7) Serving of notices. All notices required by this section
shall be provided to the alleged violator by certified mail, return
receipt requested; by hand delivery by the sheriff or other law
enforcement officer or code enforcement officer; by leaving the
notice at the violator's usual place of residence with some person
of his family above 15 years of age and informing such person of
the contents of the notice; or by including a hearing date within
the-ci-taiion.
(8) Nothing contained in this section shall prohibit the county
from enforcing its codes or ordinances by any other means.
SECTION 2:
REPEAL OF CONFLICTING PROVISIONS
All previous-ordinai[ces-,—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 provisions of this
ordinance are hereby repealed to the extent of such conflict.
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ORDINANCE NO. 92-09
CRrrPTnm 'fit
-0DIFICATI-ON
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 4:
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or word
of this ordinance is for any reason held to be unconstitutional,
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
unc_onstitutional_,_invalid o_rinoperative part.
SECTION 5:
EFFECTIVE DATE
The provisions 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
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 21 day of April
1992.
This ordinance was advertised in the Vero Beach Press -Journal on
the 27 day of March 1992, for a public hearing held on the
P1 day of April 1992, at which time it was moved for
adoption by Commissioner Scurlock , seconded by Commissioner
Wheeler , and adopted by the following vote:
Chairman Carolyn K. Eggert Ave
Vice Chairman Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner Gary C. Wheeler Aye
Commissioner Don C. Scurlock, Jr. Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
ATTEST BY
Acknowledgement by the Depart of State o
11th day of May 1992.
Effective Date: Acknowledgement from the Department of/ State
received on thisl4th'day of May , 1992 at
and filed in the office of the Clerk of the Board of County
Commissioners of Indian River County Florida.
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ORDINANCE NO. 92- 09
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Terrence P. O'Brien
Assistant County Attorney
APPROVED AS TO PLANNING MATTERS:
Robert -M. at. g, CP
Community Developm t Director
u\r\r\cit.ord
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RESOLUTION NO. 92-59
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING A
SCHEDULE OF PENALTIES FOR COUNTY CODE VIOLATIONS CITED IN
ACCORDANCE WITH THE CITATION PROVISIONS OF COUNTY CODE CHAPTER
103; ESTABLISHING NOTIFICATION TIME FRAMES FOR DIFFERENT TYPES
OF CODE VIOLATIONS; AND DESIGNATING CODE ENFORCEMENT OFFICERS
FOR PURPOSES OF IMPLEMENTING THE CITATION PROVISIONS OF COUNTY
CODE CHAPTER 103.
WHEREAS, Indian River County has adopted codes and ordinances
in the interest of public health, safety and welfare; and
WHEREAS, enforcement of county codes and ordinances in a
timely—,--efiic ent, —and --equitabl-e manner is of fundamental
importance in the successful implementation of such codes and
ordinances, and
WHEREAS, Florida Statute Chapters 162 and 489 enable local
governments to adopt citation procedures relating to general code
violations and unlicensed contractor violations; and
WHEREAS, at their regular meeting of April 21, 1992, the Board
of County Commissioners held a public hearing and adopted County
Ordinance 92-09 , which establishes county citation procedures in
accordance with Florida Statutes; and
WHEREAS, Ordinance 92- 09 provides that the Board of County
Commissioners shall adopt, by resolution, a schedule of violations
and penalties to be assessed by county designated code enforcement
officers in implementing the ordinance, with said schedule
incl0--fication time periods for specific types of
violations; and
WHEREAS, it is appropriate for the County to designate certain
county personnel as code enforcement officers for purposes of
implementing citation procedures;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1 ) DESIGNATION OF CODE ENFORCEMENT OFFICERS
The following county personnel are hereby designated code
enforcement officers for purposes of enforcing county codes in
accordance with the citation provisions of County Code Chapter 103,
for the violation categories as herein described:
County Personnel
Code Enforcement Officers
Environmental Planners
Violation Category
General Code Enforcement
Land Development Code
Environmental Violations
Building Division Inspectors Unlicensed Contractors;
Building Code Violations
Fire Safety Inspectors - Fire Safety Codes;
Debris Burning Violations
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:.t
2) SCHEDULE OF PENALTIES AND NOTIFICATION TIME FRAMES
hereto as "Attachment A", is hereby adopted to be used in
conjunction with the implementation—of—the cit sions o
Chapter 103 of the County Code.
The resolution was moved for adoption by Commissioner
Scurlock and the motion was seconded y Commi
Wheel er ,and, vote, the vote�ras
follows:
Chairman Carolyn K. Eggert AV
Vice Chairman Margaret C. Bowman — V
Commissioner Don C. Scurlock, Jr. Ay
Commissioner Richard N. Bird *a
Commissioner Gary C. Wheeler Ay
The Chairman thereupon declared the resolution duly passed
adopted this JL day of , 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Carol K. Egge io
hairlan
ttest:
Jeffrey; K. Bar
Clerk ,
u\rol\cit.res
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mean Riva Co Approved Date
Admin. YL4 �� g
Legal �� •42
Budget
Dept.
Risk Mgr.
RESOLUTION No. 92- 59
Attachment A
CITATION ORDINANCE
SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES
(Pace 1 of 21
VIOLATION TYPE
t:ontractinq
Unlicensed contracting
Contractor advertisement
violation
SECTION FINE
400.01(1) $500
400.01(5) $500
NOTICE
N/A
N/A
Licensed contractor or
400.01(6)
$500
N/A
owner -builder hiring
unlicensed contractor(s)
Uninsured contractor
400.05
$500
N/A
violation
Fraudulent license
400.07(1)
$500
N/A
Deliberate disregard of
400.07(6)
$500
N./A
county contracting ord.
Other contracting vio-
489.127(F.S.)
lations specified in
489.132(F.S.)
F.S. Chapter 489
General
Debris burning w/o
925
$450
N/A
permit
Violation of issued
925
$300
24 hre.
burn permit
Boat/trailer storage
911.15(7)
$50
48 hrs.
Commercial veh. storage
911.15(3)
$50
48 hrs.
Occupancy w/o C.O.
914/401
$450
24 hrs.
Building Code violation
401.06
$450
24 hrs.
(w/o required permit)
Industrial waste dumping
973
$450
24 hrs.
Junk vehicle
911.15(4)
$50
10 days
Noise/vibration violation
974
$50
24 hrs.
R.O.W. violations:
- Vehicle
312.06(2)
$50
48 hrs.
- Sign
312.06L)_(g)
$100
24 hrs.
- Illegal Business
312.06(1)(m)
$250
24 hrs.
- Obstruction
312.06(1)(c)
$100
48 hrs.
- Illegal (non-
312.06(1)(e)
$100
48 hrs.
waste) fluid dis-
charge
- Work without
312.06(1)(k)
$250
N/A
proper traffic
controls
- Parade without
312.06(1)(n)
$250
N/A
permit
- Other R.O..W.
312.06 -
$100
48 hrs.
violations
1The notification time frame established herein may be waived
if the violation presents a serious threat to the public health,
safety, or welfare, or if the violation is irreparable or
irreversible.
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RESOLUTION NO. 92- 59
Attachment A
CITATION ORDINANCE
SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES
(Page 2 of 2)
NOTICE
VIOLATION TYPE SECTION FINE TIME FR.LME
Illegal sign: 956.12 $100 24 hre.
- Banner
- Snipe sign
- A -frame sign
- Other portable sign
Stormwater violation 930
$100 48 hre.
Vehicle parking & storage 911.15(4)
Sea turtle lighting vio. 932.09
$50 48 hre.
$50 24 hre.
u\r\r\violation.cit
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