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HomeMy WebLinkAbout1992-059RESOLUTION 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, efficient, and equitable 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 including notification 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 Building Division Inspectors Fire Safety Inspectors Violation Category General Code Enforcement Land Development Code Environmental Violations Unlicensed Contractors; Building Code Violations Fire Safety Codes; Debris Burning Violations RESOLUTION NO. 92-59 2) SCHEDULE OF PENALTIES AND NOTIFICATION TIME FRAMES A Schedule of Penalties and Notification Time Frames, attached hereto as "Attachment All, is hereby adopted to be used in conjunction with the implementation of the citation provisions of Chapter 103 of the County Code. The resolution was moved for adoption by Commissioner Scurlock Wheeler follows: and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as Chairman Carolyn K. Eggert AV Vice Chairman Margaret C. Bowman - AyE Commissioner Don C. Scurlock, Jr. —AP Commissioner Richard N. Bird — V Commissioner Gary C. Wheeler —__ASCE The Chairman thereupon declared the resolution duly passed and adopted this ,IL day of , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Carolyfi K. Egge hairman Je•f f rey; K . Bar Clerk Ite 1 C%. �ca•.� u\r'ol\cit.res 2 Indian Riva Cu AODroved Dale Admin. i lq-qz Legal �j _� _42 Budget Dept. Rtsk Mgr. 4 RESOLUTION NO. 92- 59 Attachment A e CITATION ORDINANCE I SCHEDULE OF PENALTIES a NOTIFICATION TIME FRAMES (Page 1 of 2) NOTICE " VIOLATION TYPE SECTION FINE TIME FRAME1 Contracting Unlicensed contracting 400.01(1) $500 N/A Contractor advertisement 400.01(5) $500 N/A violation 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. i Other contracting vio- 489.127(F.S.) $500 N/A 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 I i Boat/trailer storage 911.15(7) $50 48 hre. r Commercial veh. storage 911.15(3) $50 48 hre. i occupancy w/o C.O. 914/401 $450 24 hre. Building Code violation 401.06 $450 24 hre. (w/o required permit) Industrial waste dumping 973 $450 24 hre. Junk vehicle 911.15(4) $50 10 days Noise/vibration violation 974 $50 24 hre. R.O.W. violations: - Vehicle 312.06(2) $50 48 hre. - Sign 312.06(1)(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. RESOLUTION NO. 92-_U Attachment A u\r\r\violation.cit 04\23\92 NOTICE TINE FRAIN! 24 hre. 48 hre. 48 hre. 24 hre. CITATION ORDINANCE SCHEDULE OF PENALTIES & NOTIFICATION TINE FRAMES (Page 2 of 2) VIOLATION TYPE SECTION FINE Illegal signs 956.12 $100 - Banner - Snipe sign - A -frame sign - Other portable sign Stormwater violation 930 $100 Vehicle parking & storage 911.15(4) $50 Sea turtle lighting vio. 932.09 $50 u\r\r\violation.cit 04\23\92 NOTICE TINE FRAIN! 24 hre. 48 hre. 48 hre. 24 hre. ORDINANCE 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 SECTION 103.08, 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: Section 103.07. Code Enforcement Citation 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 personal investigation, the officer has reasonable cause to believe 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 enforcement 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. 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 officers, including standard notification time periods for specific 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: 1. 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 of the code enforcement officer. 7. The procedure for the person to follow in order to pay the civil penalty or to contest the citation. S. The applicable civil penalty if the person elects to contest the citation. 9. The applicable civil penalty if the person elects not to contest the citation. 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 enforcement officer shall deposit the original citation 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. 775.082 s. 775.083., F.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. 2 ORDINANCE NO. 92 - Section 103.08 Code Enforcement Citation Procedures - Contracting. (1) These procedures are enacted pursuant to Section 489.127, Florida Statues. (2) A code enforcement officer so designated by the county may 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 day a willful, knowing 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 penalty in the manner indicated on the citation or, within 10 days 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. ORDINANCE NO. 92- (d) If the enforcement board or designated special master finds that a violation exists, the enforcement board or designated special master may order the violator to pay a civil penalty of 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 hearing 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 citation. (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 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 provisions of this ordinance are hereby repealed to the extent of such conflict. 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 unconstitutional, invalid or inoperative 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 Department of State. 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 21 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 Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Gary C. Wheeler Ave Commissioner Don C. Scurlock, Jr. Ave BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: ATTEST BY Acknowledgement by the Depart of State of the State of Florida this 11th day of May , 1992. Effective Date: Acknowledgement from the Department of State received on this 14t1day of May , 1992 at 10:00 A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County Florida. u\r\r\cit.ord 04\23\92 6 APPROVED AS TO PLANNING MATTERS: 1 ECP M Robert -R. Kdht Community DevelopmOft Director