11-10-16-Handout- Debbie White - v I t
Table of Contents
1. Comparison Code Enforcement Board v Special Magistrate
2. Current Atlantic Beach Ordinance on Code Enforcement Board
3. Atlantic Beach Special Magistrate contract for Dogs only
4. Atlantic Beach contract with Suzanne Greene for prosecuting cases
before the Code Enforcement Board
5. HRO Ordinance requiring Special Magistrate
6. Neptune Beach Ordinance for Special Magistrate
7. Jacksonville Beach Ordinance for Special Magistrate
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Atlantic Beach,FL Code of Ordinances Page 1 of 14
DIVISION 2. -CODE ENFORCEMENT BOARD[8]
Footnotes:
---
Editor's note—Section 1 of Ord.No.5-12-54,adoptedJan.9,2012,amended Div.2 in its entirety,in effect repealing 5.42-141-2-151
and enacting similar new provisions in lieu thereof as 552-141-2-151.Formerly,such provisions derived from Ord.No.05-10-53,§1,
adopted Nov.22,2010;Ord.No.5-10-52,51,adopted Nov.22,2010;Ord.No.5-05-44,§1,adopted Sept.26,2005;Ord.No.5-03-42,
§1,adopted July14,2003;Ord.No.5-96-2Z§1,adopted March 25, 1996;Ord.No.95-85-26,adopted Feb.25, 1985;Ord.No.95-81-
22,§1,adopted Feb.9, 1981;and Ord.No.95-80-2152,adopted Dec.8, 1980.
State Law reference—Local Government Code Enforcement Boards Act,F.S.Ch. 162.
Sec. 2-141.-Created; membership;terms.
(a) There is hereby created a code enforcement board of the city, which shall consist of seven (7)
board members and one (1) alternate member, who shall serve on the board in the absence
of board members, to be appointed by the mayor and approved by the city commission.All
board members and the alternate member of the board shall be residents of the city and
shall serve without compensation. Board members may serve a maximum of three (3)
consecutive terms. Service as an alternate member, however, shall not preclude service
thereafter as a board member for a maximum of three(3) consecutive terms.
(b) The membership of the code enforcement board shall,whenever possible, include persons
in the following fields:
(1) Architect;
(2) A businessperson;
(3) An engineer;
(4) A general contractor;
(5) A realtor;
(6) A subcontractor;
(7) A person with zoning and building experience.
(c) The initial appointments to the code enforcement board shall be as follows:
(1) Two (2) members shall be appointed for a term of one (1)year.
(2) Three (3) members shall be appointed for a term of two (2)years.
(3) Two (2) members shall be appointed for a term of three(3)years.
Thereafter, each term shall be for a period of three (3)years.
(d) Any member may be reappointed from term to term upon approval of the city commission.
(Ord. No. 5-12-54, § 1, 1-9-12)
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Sec. 2-142.- Removal;filling vacancies.
Members of the code enforcement board may be removed from office by the city commission
for cause upon written charges and after public hearing.Any member who fails to attend two (2)
of three (3)successive meetings without cause and without prior approval of the chair shall have
his/her office declared vacant by the code enforcement board, and the city commission shall
promptly fill such vacancy.Vacancies shall be filled by appointment by the mayor and approval of
the city commission for the unexpired terms affected.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-143. - Meetings; election of officers; quorum.
(a) At the first meeting of the code enforcement board,the members of the board shall elect a
chairman and a vice-chairman to preside in the absence of the chairman.The presence of
four(4) or more members shall constitute a quorum necessary to take action.
(b) Special meetings of the board may be convened by the chairman upon the giving of notice
thereof to each other member of the board. Unless waived by a majority of the board, notice
of a special meeting shall be given at least twenty-four(24) hours prior thereto.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-144. - Minutes of hearings; clerical and administrative personnel.
Minutes shall be maintained of all hearings held by the code enforcement board, and all
hearings shall be open to the public. The city commission shall provide clerical and administrative
personnel as may be reasonably required by the board for the proper performance of its duties.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-145. - City attorney.
The city attorney shall either be counsel to the code enforcement board or shall represent
the city by presenting cases before the board; but in no case shall the city attorney serve in both
capacities. Each case before the board shall be presented by either the city attorney or by a
member of the administrative staff of the municipality.
(Ord. No. 5-12-54, § 1, 1-9-12)
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Sec. 2-146. -Jurisdiction.
(a) The code enforcement board shall have the jurisdiction and authority to hear and decide
alleged violations of the following:
(1) City of Atlantic Beach Code of Ordinances, per Chapter 162, Florida Statutes, except as
provided in section 2-146.1 below.
(2) State of Florida Building Code, administration section of Chapter 553, [Florida Statutes]
as adopted by the State of Florida and by the city.
(3) International Property Maintenance Code as adopted by the city.
(4) All other local codes and ordinances as allowed by Chapter 162, Part 1., Florida Statutes,
Local Government Code Enforcement Boards, as it may be amended from time to time.
(b) The jurisdiction of the code enforcement board shall not be exclusive.Any alleged violation
of any of the provisions of subsection (a) may be pursued by appropriate remedy in court at
the option of the administrative official whose responsibility it is to enforce that respective
code or ordinance.
(Ord. No. 5-12-54, § 1, 1-9-12; Ord. No. 5-13-59, § 1, 7-8-13)
Sec. 2-146.1. -Jurisdiction of special magistrate.
(a) A special magistrate or special magistrates shall be appointed and removed by the city
manager subject to the approval of the commission and shall have the jurisdiction and
authority to hear and decide alleged violations of the section 4-10, dangerous dogs, section
4-11, classification of dogs as dangerous; certification of registration; notice and hearing
requirements; confinement of animal; exemption; appeals; unlawful acts.Appointment of the
special magistrate shall be made on the,basis of experience and interest in the subject
matter.A special magistrate must be a member in good standing of the Florida Bar.
(b) The special magistrate shall receive such compensation as determined by the commission.
(c) The special magistrate shall have the power to:
(1) Adopt rules for the conduct of the hearings.
(2) Subpoena alleged violators and witnesses to hearings.
(3) Subpoena evidence.
(4) Take testimony under oath.
(5) Issue orders having the force of law to command whatever steps are necessary to bring
a violation into compliance.
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(d) The special magistrate may impose fines to cover all costs incurred by the city in enforcing its
codes. Criteria that the special magistrate may consider include, but is not limited to,the
following:
(1) The gravity of the incident giving rise to the dangerous dog declaration.
(2) Any previous animal control violations.
(3) Any actions taken by the dog owner to prevent or correct aggressive behavior.
(4) The complexity and resources required to complete the investigation.
(5) The cost and outcome of the hearing.
(Ord. No. 5-13-59, § 2, 7-8-13)
Sec. 2-147. - Procedure; enforcement and hearings.
(a) Enforcement procedures.
(1) For the purpose of this division, "code officer" means any authorized agent or employee
of the City of Atlantic Beach whose duty it is to insure compliance with the code and
ordinances of the city.
(2) It shall be the duty of the code officer to initiate enforcement proceedings of the various
codes and ordinances. No member of the board shall have the power to initiate such
enforcement proceedings.
(3) Except as provided in subsections (4) and (5) below, if a violation of the codes or
ordinances is found,the code inspector shall first notify the violator and give him/her
reasonable time to correct the violation. Should the violation continue beyond the time
specified for correction,the code officer shall notify the board and request a hearing.The
board or their clerical staff shall schedule a hearing and notice of such hearing shall be
provided to said violator pursuant to subsection (d) or this section. If the violation is
corrected and then recurs, or if the violation is not corrected by the time specified for
correction by the code officer,the case may be presented to the board even if the
violation has been corrected prior to the hearing, and the notice shall so state.
(4) If the code officer has reason to believe a violation or the condition causing a violation
presents a serious threat to the public health, safety, and welfare, or if the violation is
irreparable or irreversible in nature, the code officer shall make a reasonable effort to
notify the violator and may immediately notify the board and request a hearing.
(5)
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If a repeat violation is found,the code inspector shall notify the violator but is not
required to give the violator a reasonable time to correct the violation.The code
inspector, upon notifying the violator of a repeat violation, shall notify the board and
request a hearing, the board,through their clerical staff, shall schedule a hearing and
shall provide notice pursuant to subsection (d) of this section. The case may be presented
to the board even if the repeat violation has been corrected prior to the hearing, and the
notice shall so state. "Repeat violation" means a violation of a provision of a code or
ordinance by a person who has been previously found through a code enforcement
board or any other quasi-judicial or judicial process,to have violated or who has
admitted violating the same provision with five (5)years prior to the violation,
notwithstanding the violations occur at different locations.
(6) If the owner of property to which is subject to an enforcement proceeding before the
board, or a court transfers ownership of such property between the time the initial
pleading was served and the time of the hearing, such owner shall:
a. Disclose, in writing,the existence and the nature of the proceeding to the
prospective transferee.
b. Deliver to the prospective transferee a copy of the pleadings, notice, and other
material relating to the code enforcement proceeding received by the transferor.
c. Disclose, in writing, to the prospective transferee that the new owner will be
responsible for compliance with the applicable code and with orders issued in the
code enforcement proceedings.
d. File a notice with the code officer or clerical staff of the transfer of the property, with
the identity and address of the new owner and copies of the disclosures made to the
new owner,with five(5) days after the date of the transfer.
A failure to make the disclosures described in paragraphs a., b., and c. before the transfer
creates a rebuttable presumption of fraud, if the property is transferred before the
hearing,the proceeding shall not be dismissed, but the new owner shall be provided
reasonable period of time to correct the violation before the hearing is held.
(b) Hearing process
(1) Administrative support staff for the board shall establish annually a schedule of periodic
meetings. In addition, upon request of the code officer, or at such other times as may be
necessary,the chair of the board may call a hearing of the board.
(2)
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Upon scheduling of a hearing,the board shall cause notice therefore to be furnished to
the alleged violator by such methods as described in subsection (d) of this section. Said
notice of hearing shall contain the date,time and place of the hearing and shall include
the sworn statement of the code inspector setting for the nature of the violation and
reference to the appropriate code or ordinance.
(3) Assuming proper notice of the hearing has been provided to the alleged violator as
provided in subsection (2) above a hearing may proceed in the absence of the alleged
violator.
(4) At the hearing,the burden of proof shall be upon the city to show, by a preponderance
of evidence that a violation does exist.
(5) All testimony shall be under oath and shall be recorded;the board shall take testimony
from the city and alleged violator, and from such other witnesses as may be called by the
respective parties.
(6) Formal rules of evidence shall not apply, but fundamental due process shall be observed
and govern said proceedings.
(7) Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but all other
evidence of a type commonly relied upon by reasonably prudent persons in the conduct
of their affairs shall be admissible, whether or not such evidence would be admissible
State of Florida Rules of Evidence.
(8) Any member of the board, or attorney appointed to serve as counsel to the board, may
inquire of any witness before the board.The alleged violator, or the violator's attorney or
representative, and the city shall be permitted to inquire of any witness before the board
and shall be permitted to present brief opening and closing statements.
(9) At the conclusion of the hearing,the board shall issue finding of fact, based on evidence
of record and conclusion of law, and shall issue an order affording the proper relief
consistent with powers granted by Chapter 162, Florida Statutes,the ordinance and any
other ordinance granting authority to the code enforcement board. In a board hearing,
the finding shall be by motion approved by a majority of those members present and
voting; except that at least four(4) members of the board must cast a 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 will be imposed should the compliance not be achieved
and, under the conditions specified in subsection 2-149(b) of this division and any such
costs incurred in the prosecuting this case may be included along with the fine if the
order is not complied with by said date. The order shall be reduced to writing and mailed.
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to the alleged violator with fifteen (15)working days after the hearing. A certified copy of
such order may be recorded in the public records of Duval County and shall constitute
notice to any subsequent purchasers, 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, any subsequent purchasers, successors in interest,
or assigns. If an order is recorded in the public records pursuant to this subsection and
the order is complied with by the date specified in the order,the board shall issue an
order acknowledging compliance that shall be recorded in the public records. A hearing is
not required to issue such an order showing compliance.
(10) The city shall present each case before the board. If the city prevails in prosecuting a
case before the board, it shall be entitled to recover all costs incurred in prosecuting
the case.
(c) Rehearing.
(1) An aggrieved party, including the City of Atlantic Beach, may request a rehearing of the
initial order of the board.Any such rehearing shall be filed within ten (10) days of the
execution of the order to be appealed. Consideration of a request for rehearing shall be
scheduled by the administrative staff for the next available hearing date by the entity that
issued the order. Notice of the hearing date shall be provided by the administrative staff
via first class mail to the entity that files the request for rehearing.
(2) Any request for rehearing must be made in writing and be based on the following
grounds:
a. That there exists new and material evidence which, if introduced at the hearing,
would probably have changed the code enforcement board decision and could not
with reasonable diligence have been discovered before and produced at the hearing;
and
b. Given this evidence,the order issued is contrary to the law and evidence.
(3) A request for a rehearing shall not toll the time for the taking of an appeal nor shall it toll
any fines mandated by the order in question, should the request for rehiring be denied.
(4) If the request for rehearing is granted,the code enforcement board shall schedule the
case for consideration at a future hearing,to be heard de novo.
(d) Notice requirements.
(1) All notices required by this part shall be provided to the alleged violator by:
a.
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Certified mail, return receipt requested, provided if such notice is sent under this
paragraph to the owner of the property in question at the address listed in the tax
collector's office for tax notices, and at any other address provided to the city code
enforcement staff or administrative staff of the code enforcement board by such
•
owner and is returned as unclaimed or refused, notice may be provided by posting
as described in subparagraphs(d)(2)d. and e. and by first class mail directed to the
addresses furnished to the City of Atlantic Beach with a properly executed proof of
mailing or affidavit confirming the first class mailing;
b. Hand delivery by the sheriff or other law enforcement officer, code officer, or other
person designated by the City of Atlantic Beach.
c. Leaving at the violator's usual place of residence with any person residing therein
who is above fifteen (15)years of age and informing such person of the contents of
the notice; or
d. In the case of commercial premises, leaving the notice with the manager or other
person in charge.
(2) In addition to providing notice as set forth in section 2-147[(d)] of this division, at the
option of the board, notice may also be served by First-Class Mail and publication or
posting, as follows:
a. Such notice shall be published once during each week for four(4) consecutive weeks
(four(4) publications being sufficient) in a newspaper of general circulation in Atlantic
Beach.The newspaper shall meet such requirements as are prescribed under
Chapter 50, Florida Statutes, for legal and official advertisements.
b. Proof of publication shall be made as provided in F.S. § 50.041 and § 50.051.
c. Proof of publication shall be made as provided in F.S. § 50.041 and § 50.051.
d. Proof of posting shall be by affidavit of the person posting the notice, which affidavit
shall include a copy of the notice posted and the date and places of its posting.
e. Notice by publication or posting may run concurrently with, or may follow, and
attempt or attempts to provide notice by hand delivery or by mail as required by
subsection (d) of this section.
f. Evidence that an attempt has been made to hand deliver or mail notice as provided
in subsection (d)(1) of this section,together with proof of publication or posting as
provided in subsection (d)(2) of this section, shall be sufficient to show that the notice
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requirements of this division, shall be sufficient to show that the notice requirements
of this division have been met,without regard to whether of not the alleged violator
actually received such notice.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-148.- Powers.
The board shall have the power to:
(1) Adopt rules for the conduct of their hearings.
(2) Subpoena alleged violators and witnesses to their hearings.
(3) Subpoena records, surveys, plats and other documentary evidence to its hearings.
(4) Take testimony under oath.
(5) Issue orders having the force and effect of law, commanding whatever steps are
necessary to bring a violation into compliance.
(6) Establish and levy fines pursuant to subsection 2-149(b).
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-149. -Administrative fines; cost of repairs; contestes; liens; money judgments.
(a) The board, upon notification by the code officer that an order of the board has not been
complied with by the set time or, upon finding that a repeat violation has been committed,
may order the violator to pay a fine in an amount specified in the section for each day the
violation continues past the date set by the board for compliance or, in the case of a repeat
violation,for each day the repeat violation continues, beginning with the date the violation is
a violation described in subsection 2-147(b)(9) of this division,the board shall notify the city
commission,which may authorize the making of all reasonable repairs which are required to
bring the violations into compliance and charge the violator with the reasonable cost of the
repairs along with the fine imposed pursuant to the section. Making such repairs does not
create a continuing obligation on the part of the city to make further repairs to maintain the
property and does not create any liability against the city for any damages to the property if
such repairs were completed in good faith. If a finding of a violation or a repeat violation has
been made as provided in this section, a hearing shall not be necessary for the issuance of
the order imposing the fine.A fine imposed pursuant to the section shall not exceed five
hundred dollars($500.00) per day for a first violation and shall not exceed two hundred fifty
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dollars ($250.00) per day for a repeat violation, and, in addition, may include all costs incurred
in the enforcing this ordained and all costs of repairs pursuant to this section. If after due
notice and hearing,the board finds a violation to be irreparable or irreversible in nature, it
may order the violation [violator] to pay a fine not to exceed five thousand dollars ($5,000.00)
per violation.
(b) In determining the amount of the fine, if any,the board shall consider the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator.
(c) The board may reduce a fine imposed pursuant to this section at any time.
(d) Notice of finding by the code officer of noncompliance with the prior order of the board shall
be mailed to the violator. The violator may contest in writing the findings of the code officer.
Such contest must be postmarked within ten (10) days of the postmark date on the
noncompliance notice and mailed to the administrative staff as designated by the board.
Upon receipt of a contest letter,the administrative support staff for the board shall provide
notice to the violator of the contest hearing date and time. If the violator, after filing the
written contest,fails to attend the next noticed meeting,the violator's contest shall be
considered withdrawn by the board. Any review of a contest heard under this section shall be
constrained to whether the code officers finding of noncompliance are supported by the
evidence presented that the violation as the date of the inspection remained uncured. At the
hearing, the burden of proof shall be upon the violator to show, by a preponderance of the
evidence that a violation did not exist at the time of the inspection. Upon hearing from the
violator or his attorney and the administrative staff,the board shall either dismiss the case or
uphold the finding of the code officer.
(e) Following the failure of the violator to file a contest within the time permitted under the
above section, or the upholding of the finding of the code officer by the board, a certified
copy of an order imposing a fine, or a fine plus repair costs may be recorded in the public
records of Duval County, Florida, and thereafter, shall constitute a lien against the land on
which the violation exists and upon any other real or personal property owned by the
violator. Upon petition to the circuit court, such order shall be enforceable the same manner
as a court judgment by the sheriffs of this state, including execution and levy against the
personal property of the violator, but,such order shall not be deemed otherwise to a court
judgment except for the enforcement purposes.
(f)
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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 on a lien filed pursuant to this
section, whichever occurs first. A lien arising from a fine imposed pursuant to this section
runs in favor of the City of Atlantic Beach and the board may execute a satisfaction or release
of lien entered pursuant to this section.After three (3) months for the filing of any such liens
with remains unpaid,the board may authorize the local governing body attorney to foreclose
on the lien or to sue to recover a money judgment for the amount of the lien plus accrued
interest. No lien created pursuant to the provision of this section may be foreclosed on real
property which is a homestead under Section 4,Article X of the Florida State Constitution.The
money judgment provision of this section shall not apply to real property or personal
property which is covered under Section 4(a),Article X of the Florida Constitution.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-150. - Duration of lien.
(a) No lien provided by this division shall continue for a period longer than twenty(20)years
after the certified copy of an order imposing the fine has been recorded, unless with 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 party is entitled to recover all costs, including a
reasonable attorney's fees that it incurs in the foreclosure. The city shall be entitled to collect
all costs incurred in recording and satisfying a valid lien.The continuation of the lien affected
by the commencement of the action to foreclose shall not be good against the creditors or
subsequent purchasers for valuable consideration with notice, unless a notice of lis pendens
is recorded.
(b) In circumstances where the City of Atlantic Beach's interest in a property has been foreclosed
and the property has been sold at a foreclosure sale,the city's lien is not satisfied, but
removed from the subject property by a final judgment issued by the court. Upon request,
the city will prepare and record a partial release of lien to release the subject property from
the code enforcement lien upon payment of fees for costs and services charged to the
requesting party.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-151. -Appeal.
(a)
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An aggrieved party, including the city commission, may appeal a final administrative order of
the board to the circuit court. Any such appeal shall be filed with thirty(30) days of the
execution of the order to be appealed.
(b) Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the
record created before the board.
(c) The board shall, by rule, establish reasonable charges for the preparation of the record to be
paid by the appealing party.
(Ord. No. 5-12-54, § 1, 1-9-12)
Secs. 2-152-2-160. - Reserved.
DIVISION 3. - NUISANCE CONTROL BOARD[9]
Footnotes:
---(9)--
Editors note—Ord.No.95-89-40,551-9,adopted June 12, 1989,did not specifically amend the Code;therefore,inclusion as.44
2-161-2-169 was at the discretion of the editor.
Cross reference—Nuisances,Ch. 12.
Sec. 2-161. - Created.
Pursuant to F.S. § 893.138, an administrative board to be known as the "public nuisance
control board" is hereby created.The word "board"when used in this division shall be construed
to mean the said "public nuisance control board."
(Ord. No. 95-89-40, § 2, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09)
Sec. 2-162. - Membership.
The members of the code enforcement board shall constitute the members of the public
nuisance control board.
(Ord. No. 95-89-40, § 2, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09)
Sec. 2-163-2-166. - Reserved.
Editor's note—Section 1 of Ord. No. 95-09-99, adopted May 26, 2009, repealed §§ 2-163-2-166,
which pertained to designation of chairman and vice chairman; and certificate of appointment or
reappointment, and derived from Ord. No. 95-89-40, adopted June 12, 1989.
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Atlantic Beach,FL Code of Ordinances Page 13 of 14
Sec. 2-167. - Complaints; hearings; declaration of public nuisance.
(a) The board shall hear complaints regarding certain nuisances as described herein.Any place
or premises that has been used: On more than two (2) occasions within a six-month period,
as the site of a violation of F.S. § 796.07 prostitution; on more than two (2) occasions within a
six-month period, as the site of the unlawful sale, delivery, manufacture, or cultivation of any
controlled substance; on more than one(1) occasion as the site of the unlawful possession of
a controlled substance,where such possession constitutes a felony and that has been
previously used on more than one (1) occasion as the site of the unlawful sale, delivery,
manufacture, or cultivation of any controlled substance under F.S. § 893; by a criminal gang
for the purpose of conducting criminal gang activity as defined by F.S. § 874.03; on more than
two (2) occasions within a six-month period, as the site of a violation of F.S. § 812.019 relating
to dealing in stolen property; may be declared to be a public nuisance, and such nuisance
may be abated pursuant to the procedures provided in this section.
(b) Any employee, officer or resident of the city may bring a complaint before the board after
giving not less than three (3) days'written notice of such complaint to the owner of the place
or premises at his last known address.Any such complaint shall be filed with the code
enforcement officer.
(c) The board shall conduct a hearing during which the owner of the premises shall have an
opportunity to present evidence in his defense. Such evidence shall include any action taken
by the owner to abate the nuisance and the time frame, after notice to him,within which such
action was taken. After considering all evidence, including evidence of the general reputation
of the place or premises, the board may declare the place or premises to be a public nuisance
as described herein.
(d) If the board declares a place or premises to be a public nuisance, it may enter an order
immediately prohibiting:
(1) The maintaining of the nuisance;
(2) The operating or maintaining of the place or premises; or
(3) The conduct, operation or maintenance of any business or activity on the premises which
is conducive to such nuisance. Any such order entered shall expire after one (1)year or
at such earlier time as stated in the order.
(Ord. No. 95-89-40, § 7, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09)
Sec. 2-168. - Permanent injunctions.
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Atlantic Beach,FL Code of Ordinances Page 14 of 14
The city may bring a complaint under F.S. § 60.05 seeking a permanent injunction against any
nuisance described herein.
(Ord. No. 95-89-40, § 8, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09)
Sec. 2-169. - Restrictions.
This division does not restrict the right of any person to proceed under F.S. § 60.05 against
any public nuisance.
(Ord. No. 95-89-40, § 9, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09)
Secs. 2-170-2-225. - Reserved.
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SPECIAL MAGISTRATE
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is entered into this its 4-t day of March, 2014, between the CITY OF
ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida
32233(hereinafter"City"), and JEB T. BRANHAM, ESQUIRE, 3500 South Third Street,
Jacksonville Beach, Florida 32250(hereinafter"Special Magistrate"),who agree as follows:
1. The Special Magistrate agrees to act as a Code Enforcement Magistrate in order to
hear and decide dangerous dog cases as provided in Chapter 4 of the Atlantic Beach
Code of Ordinances and Chapter 162, Florida Statutes.
2. The Special Magistrate certifies that he is qualified under the laws of the State of
Florida, to perform the above referenced services for the City.
3. The Special Magistrate shall attend hearings as necessary to hear and decide
dangerous dog cases, and shall coordinate dates and times of any such hearings so
that they are timely held. The Special Magistrate may also call special meetings as
necessary to perform his responsibilities under this Agreement.
4. The Special Magistrate shall render his written findings of fact and conclusions of law
within thirty (30) calendar days of the conclusion of the hearing on each case and shall
issue an order affording the proper relief consistent with the authority granted by state
law and the Atlantic Beach Code of Ordinances. The written order shall include a written
and signed final determination on each charge brought against the defendant and the
amount of the fine and costs. if any.
5. The Special Magistrate shall also hear and consider matters relating to repeat
dangerous dog cases pursuant to state law and the Ordinance.
6. The City agrees to provide incidental clerical support to the Special Magistrate related to
code enforcement matters and responsibilities, including but not limited to case file
maintenance, setting the hearing docket, sending notices to violators, providing a recording
secretary, and any associated typing, mailing and copying requirements.
3
7. In return for the above referenced services, the City agrees to pay the Special Magistrate
at the rate of $175.00 per hour, based upon statements received for work accomplished.
The Special Magistrate is a contractual employee, and shall not receive any vacation,
social security, insurance, health, sick leave or any other benefits. All compensation and
fees for services rendered by the Special Magistrate pursuant to this Agreement shall
be paid to the Special Magistrate at 3500 South Third Street, Jacksonville Beach, Florida
32250. The City shall review the rate of compensation and fees paid to the Special
Magistrate annually and may increase the rate of compensation and fees paid for his
services at the time of this annual review or at any time, but are not obligated to do so.
8. Nothing in this Agreement shall prohibit the City from hiring other special magistrates
to perform any work deemed necessary by the City.
9. The Special Magistrate will immediately reveal any conflicting employment relationship
or conflict of interest. The Special Magistrate shall abide by the rules regulating The
Florida Bar.
Either party may terminate this agreement at its discretion and without cause upon sixty (60)
days written notice in advance.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the
date first above written.
CITY OF ATLANTIC BEACH
ByVa..,
Nelson Van Liere, Interim City Manager 4eb T. Branham, Esquire
"CITY" "SPECIAL MAGISTRATE"
SUZANNE WORRALL GREEN, P.A.
105B Solana Road
Ponte Vedra Beach, Florida 32082
TELEPHONE: (904) 280-8770
June 10, 1998
James R. Jarboe, City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233-5445
Re: Agreement between the City of Atlantic Beach
and Suzanne Worrall Green
Dear Mr. Jarboe :
Enclosed please find an original agreement that I have signed.
I have retained an original for my files also.
•
If you should have any questions, please let me know.
Sincerely,
Suza�,# e Worrall Green
/bk
Enclosure
•
•
.
t. z
EMPLOYMENT CONTRACT
THIS AGREEMENT is made this A ( LA day of May, 1998,by and between the
parties, Suzanne Worrall Green,P.A., Code Enforcement Attorney (hereinafter referred to as
"Attorney" and the City of Atlantic Beach(hereinafter referred to as "Atlantic Beach").
WITNESSETH:
WHEREAS, Suzanne Worrall Green has served as Prosecuting Attorney for the Code
Enforcement Board from April 29, 1992 to the present time; and
WHEREAS, The City of Atlantic Beach desires that Suzanne Worrall Green continue as
the Prosecuting Attorney for the Code Enforcement Board and to fix her duties and
compensation,including certain benefits.
NOW THEREFORE,based upon the mutual promises and covenants contained herein
and other good and valuable consideration,the receipt and adequacy of which is hereby
acknowledged by both parties, it is agreed as follows:
1. Suzanne Worrall Green,having previously been appointed Atlantic Beach
Prosecuting Attorney for the Code Enforcement Board, shall continue in said position beginning
R `?) I?7? • , according to the terms as set forth herein. The Attorney shall
perform the functions and duties specified in the City Charter, Code of Ordinances, and such
other legally permissible and proper duties and functions as the City of Atlantic Beach or the
Code Enforcement Board shall from time to time assign.
2. The City shall pay to the Prosecuting Attorney an hourly rate of ONE HUNDRED
AND TWENTY FIVE DOLLARS AND 00/100 ($125.00),which sum shall be paid monthly by
the tenth(10'") day of each month. In return for said payment,the Attorney shall perform all
prosecuting legal work for the Code Enforcement Board as required by the Ordinances of the
City of Atlantic Beach and Florida Statutes. The Attorney's work, in return for said payment,
shall include,but not be limited to: attendance at all regularly scheduled and specially called
meetings of the Code Enforcement Board; advise the Code Enforcement Officer in all matters
concerning the prosecution of violations before the Code Enforcement Board and those matters
which may concern violations that would come before the Code Enforcement Board; review any
and all documents necessary for the prosecution of code violations on an as-needed basis; and
provide written legal opinions on any matters when requested by the code enforcement officer.
In addition,the City may determine it desirable to review the hourly rate as similar
consideration is given for other employees generally. The Attorney agrees her amount of
compensation shall not exceed TWO THOUSAND FIVE HUNDRED DOLLARS AND 00/100
($2,500.00)per annum unless authorized by the City or the City Commission of Atlantic Beach.
3. In addition,the Attorney shall be reimbursed for all out-of-pocket expenses as are
reasonably expended in support of her position as Code Enforcement Attorney. The Attorney
shall render bills to the City for fees and costs on a monthly basis, and such bills shall detail
work performed and time spent.
4. The City may terminate the employment of the Attorney hereunder without notice,
(a) upon the Attorney's failure to promptly and adequately perform the duties required of
her by the City, such performances to be judged by the City, or
(b) upon the Attorney's breach of any provision hereof, or
(c) for other good cause which shall include,but shall not necessarily be limited to,
habitual absenteeism, a pattern of conduct which tends to hold the City up to ridicule, conduct
Il
1
disloyal to the City, conviction of any crime or moral turpitude and substantial dependence on
any addictive substance.
5. The City may terminate the employment of the Attorney hereunder without cause
provided that any termination or removal of the Attorney shall be in accordance with applicable
law. In such event,the Attorney shall be paid a severance payment of FIVE HUNDRED
DOLLARS AND 00/100 ($500.00)from any preliminary notice of termination without cause.
6. This Resolution shall take effect immediately upon signing by all parties.
IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and
year first above written.
Witnesses:
14eD � __
Suza a Worrall Green,P.A.
;_
/ City of Atl. c Beac
BY: 411111
U
Approved as o form and correctness:
"fan C. J, .:en,Esquire
City Atti ey
I hereby accept employment as attorney for the City of Atlantic Beach under the foregoing
provisions.
uzanne mall Green
- f
DATE:
Chapter 9- HUMAN RELATIONS
Sec. 9-4. -Complaints.
(a) An aggrieved individual may, under this article, file a complaint with the city clerk and request a
hearing before a special magistrate within sixty (60) days to determine if the alleged person
committed a discriminatory practice prohibited by this article. If the special magistrate finds that a
discriminatory practice has been committed or is about to be committed, the special magistrate may
issue an order prohibiting the discriminatory practice and providing affirmative relief from the effects
of the discriminatory practice including, but not limited to, a temporary or permanent injunction or
other equitable relief, a temporary restraining order, or an award of actual damages, including back
pay, punitive damages, an award of reasonable attorney's fees, interest, and costs, or other such
relief as the special magistrate deems appropriate.
(b) Either party may appeal the decision of the special magistrate by commencing a civil action in a
court of competent jurisdiction provided, however, that such civil action must be filed no later than
one (1) year after the discriminatory practice is alleged to have been committed.
(c) If, in a civil action commenced under this article, the court finds that a discriminatory practice has
been committed or is about to be committed, the court may issue an order prohibiting the
discriminatory practice and providing affirmative relief from the effects of the discriminatory practice
including, but not limited to, a temporary or permanent injunction or other equitable relief, a
temporary restraining order, an award of actual damages, including back pay, punitive damages, an
award of reasonable attorney's fees, interest, and costs, or other such relief as the court deems
appropriate.
(Ord.No. 95-14-108, § 1, 8-11-14) •
Page 1
(401.9-21,:k
INTRODUCED BY: �� ORDINANCE NO.2011-20
Mayor Pruette o
* 193110*
A BILL TO BE ENTITLED
AN ORDINANCE OF THF CITY OF NEPTUNE. BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES, CHAPTER 2 ADMINISTRATION,
SECTION 2-436 INTENT, SECTION 2-437 IMPLEMENTATION OF F.S. CH.
162, SECTION 2-438 DEFINITION, SECTION 2-439 ORGANIZATION,
SECTION 2-440 ENFORCEMENT PROCEDURE, SECTION 2-441 CONDUCT
OF HEARINGS,SECTION 2-442 POWERS,SECTION 2-443 ADMINISTRATIVE
FINES, SECTION 2-444 DURATION OF LIEN, SECTION 2-445 APPEALS,
SECTION 2-446 SERVICE OF NOTICES, SECTION 2-447 PROVISIONS OF
DIVISION SUPPLEMENTAL,AND PROVIDING AN EFFECTIVE DATE.
Whereas, the City Council of the City of Neptune Beach, Florida has determined that it is necessary to
amend the following:
Now, Therefore,be it ordained by the City Council of Neptune Beach,Florida:
Section 1. Chapter 2 Administration, Sec. 2-436 Intent shall be amended as follows;
DIVISION 2.-CODE ENFORCEMENT
BOARD 1201
(20)State Law reference—Local Government Code Enforcement Boards Act,F.S. § 162.01 et
seq.
Sec.2-436. -Intent.
Sec.2-437. -Implementation of F.S. ch. 162.
Sec.2-43 8. -Definitions.
Sec.2-439. - Organization.
Sec.2-440. -Enforcement procedure.
Sec.2-441. -Conduct of hearings.
Sec.2-442.-Powers.
Sec.2-443. -Administrative fines; liens.
Sec.2-444. -Duration of lien.
Sec.2-445. -Appeals.
Sec.2-446. - Service of notices.
Sec.2-447.-Provisions of division supplemental.
Secs.2-448-2-475. -Reserved.
Sec.2-436.-Intent.
It is the intent of this division to promote, protect and improve the health, safety and welfare of the
citizens of this city by creating an administrative board or Special Magistrate with authority to impose
administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective and
inexpensive method of enforcing codes and ordinances in force in the city, where a pending or repeated
violation exists or continues to exist.
(Code 1959, § 28-1 ; Ord.No. 91-1-12, § 1, 12-2-91)
State law reference— Similar provisions,F.S. § 162.02.
Section 2. Chapter 2 Administration, Sec.2-437 Implementation of F.S. 162 shall be amended as follows;
Sec.2-437.-Implementation of F.S. ch. 162.
The city does hereby create,by this division, a Special Magistrate as permitted by F.S. ch. 162. The city
reserves the right to substitute the .:- '. • _ . ' - . local government code enforcement board
with a Special Magistrate according to the terms and conditions of this division when a Special Magistrate
is appointed by the Mayor and confirmed by the City Council by resolution.
(Code 1959, § 28-2)
Section 3.Chapter 2 Administration, Sec.2-438 Definition shall be amended as follows;
Sec.2-438.-Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Code enforcement officer means the city manager or his designee .• . :- • . •. -••. . - . - . •-
city whose duty it is to enforce codes and ordinances enacted by Neptune Beach.
Enforcement board means the code enforcement board.
Repeat violator means a violation of any code or ordinance by a person whom the code enforcement
board has previously found to have violated the same code or ordinance within five (5)years prior to the
violation.
Section 4.Chapter 2 Administration, Sec. 2-439 Organization shall be amended to add the following
defmitions;
Sec.2-439.- Organization.
(A) Special Magistrate
(1) The city council may appoint a Special Magistrate or Special Magistrates as needed The
Special Magistrate shall be an attorney licensed as active and in good standing by the
Florida Bar. The Special Magistrate shall not be a resident of the cit . Appointalents shall
be made by the mayor on the basis of experience or interest in the fields of land use law,
zoning law, administrative law, construction law, building control, and any other relevant
fields, and shall be confirmed by resolution of the city council. The compensation and
conditions of employment for the Special Magistrate shall be set in the resolution.
(2) The Special Magistrate shall serve at the pleasure of the city council. The appointment of
the S p ecial Ma.ist ate shall be made for a term of one 1 ear with the Ma or reservin_
the right to teiininate the term prior to its natural end, in writing, with no less than thirty
(30) days notice. Such termination shall be confirmed by resolution of the city council.
The term may be extended upon resolution of the city council for a teiur not to exceed one
(1) year. No term limits shall be established herein for any appointed Special Magistrate.
If the Special Magistrate wishes to terminate the term prior to its natural end, the Special
Magistrate shall notify the city,in writing,no less than sixty(60)days in advance.
(3) If the city chooses to appoint a Special Magistrate, the city attorney shall only serve as
representative of the city in presenting cases before the Special Magistrate if designated by
the city manager.
(B) Code Enforcement Board
(1) The city council may appoint one (1) or more seven-member code enforcement boards and
legal counsel for the enforcement boards.Members of the enforcement boards shall be residents
of the city. Appointments shall be made by the mayor on the basis of experience or interest in
the fields of zoning and building control, and shall be confirmed by resolutions of the city
council. The membership of each enforcement board shall, whenever possible, include an
architect, a businessman, an engineer,a general contractor, a subcontractor and a realtor.
(2) Any appointment shall be made for a term of three(3)years.A member may be reappointed
upon approval of the city council. An appointment to fill any vacancy on an enforcement board
shall be for the remainder of the unexpired term of office. If any member fails to attend two (2)
of three (3) successive meetings without cause and without prior approval of the chairman, the
enforcement board shall declare the member's office vacant, and the city council shall promptly
fill such vacancy.No person may serve more than two(2)consecutive three-year terms.Persons
disqualified by this provision may be reappointed after one (1)year elapses after the expiration
of the second term of service.
(13)--
(3) The members of an enforcement board shall elect a chairman, who shall be a voting member,
from among the members of the board. The presence of four (4) or more members shall constitute a
quorum of any enforcement board. Members shall serve without compensation, but may be reimbursed
for such travel, mileage and per diem expenses as may be authorized by the city council or as are
otherwise provided by law. Members must be present at the start of the meeting to participate in the
hearings.
(c)
board. ; • -. .-: - -. -- :- , . - - -• - - . - .-
(45) Two (2) alternate members shall be appointed by the mayor, and they shall be confirmed by
resolution of the city council,to the code enforcement board to serve on the board in the absence of board
members.Each alternate member shall be appointed for one-year terms and may be reappointed for a total
term limit of three(3)consecutive one-year teens.
(e)--
(56) The board members shall have one(1)training session per year to be given by the city attorney
or a seminar approved by the city manager if budgeted by the city council.
(-f)
(Code 1959, § 28-4 ; Ord. No. 92-1-12, § 1, 12-2-91; Ord.No. 1994-2, § 1, 1-3-94; Ord.No. 1996-36, §
1, 1-6-97;Ord.No. 1997-25, § 1, 1-5-98; Ord.No.2005-04, §2,3-7-05)
State law reference— Similar provisions,F.S. § 162.05.
Section 5.Chapter 2 Administration, Sec. 2-440 Enforcement Procedure shall be amended as follows;
Sec.2-440.-Enforcement procedure.
(a) It shall be the duty of the city manager or his designee to serve as the code enforcement officer and
code enforcement officer to initiate enforcement proceedings of the various codes; however, neither the
Special Magistrate, nor any member of a board shall have the power to initiate such enforcement
proceedings.
(b) Except as provided in subsection (c), if a violation of the codes is found, the code enforcement
officer shall notify the violator and give him a reasonable time to correct the violation. Should the
violation continue beyond the time specified for correction, the code enforcement officer shall notify the
Special Magistrate or the enforcement board and request a hearing. The Special Magistrate or 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 in section 2-276 to the violator.At the option of the Special
Magistrate or code enforcement board, notice may additionally be served by publication or posting as
provided in section 2-276. If the violation is corrected and then recurs or if the violation is not corrected
by the time specified for correction by the code enforcement officer, the case may be presented to the
Special Magistrate or code enforcement board even if the violation has been corrected prior to the board
hearing, and the notice shall so state.
(c) If the code enforcement officer 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 code
enforcement officer shall make a reasonable effort to notify the violator and may immediately notify the
Special Magistrate or code enforcement board and request a hearing.
(d) If a repeat violation is found, the code enforcement officer shall notify the violator, but is not
required to give the violator a reasonable time to correct the violation. The city manager or his designee,
upon notifying the violator of the repeat violation,shall notify the Special Magistrate or code enforcement
board and request a hearing. The Special Magistrate or code enforcement board,through its clerical staff,
shall schedule a hearing and shall provide notice,pursuant to section 2-276,to the violator.
(Code 1959, § 28-5 ; Ord.No. 91-2-12, § 1, 12-2-91)
State law reference— Similar provisions,F.S. § 162.06.
Section 6.Chapter 2 Administration, Sec.2-441 Conduct of hearings shall be amended as follows;
Sec.2-441.-Conduct of hearings.
(a) Upon request of the city manager or his designee code enforcement officer,or at such other times as
may be necessary, the Special Magistrate or chairman of the code enforcement board may call a hearing
of an code enforcement board; a hearing also may be called by written notice signed by a vote of at least
three (3) members of the code enforcement board at one of its meetings. Minutes shall be kept of all
hearings by the S•ecial Ma_istrate or code enforcement board, and all hearings and proceedings shall be
open to the public. The city council shall provide clerical and administrative personnel as may be
reasonably required by the Special Magistrate or code enforcement board for the proper performance of
its duties.
(b) Each case before the Special Magistrate or code enforcement board shall be presented by the city
manager or his designee -.- -• - -•--• - - , •- . • - - - - • .."" . - .- .
(c) The Special Magistrate or the code enforcement board shall proceed to hear the cases on the agenda
for that day. All testimony shall be under oath and shall be recorded. The Special Magistrate or code
enforcement board shall take testimony from the code enforcement officer, the alleged violator, and/or
any other witnesses it deems appropriate. Formal rules of evidence shall not apply, but fundamental due
process shall be observed and shall govern the proceedings.
(d) At the conclusion of the hearing, the Special Magistrate or code enforcement board shall issue
findings of fact, based on competent substantial evidence of record, and conclusions of law, and shall
issue an order affording the proper relief consistent with powers granted herein. The order may include a
notice that it must be complied with by a specified date and a fine and/or and that an additional fine may
be imposed if the order is not complied with by that date. If the findings are made by the code
enforcement board rather than the Special Magistrate, the findings shall be by motion approved by a
majority of those members present and voting, except that at least four (4) members of the code
enforcement board must vote in order for the action to be official.
(Code 1959, § 28-6; Ord.No. 91-1-12, § 1, 12-2-91)
State law reference— Similar provisions,F.S. § 162.07.
Section 7.Chapter 2 Administration, Sec.2-442 Powers shall be amended as follows;
Sec.2-442.-Powers.
The Special Magistrate or 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 depai tinent of the city;
(3) Subpoena evidence;
(4) Take testimony under oath;
(5) Issue orders having the force of law to command whatever steps are necessary to bring a
•
violation into compliance.
(Code 1959, §28-7; Ord.No. 91-1-12, § 1, 12-2-91)
State law reference— Similar provisions,F.S. § 162.08.
Section 8.Chapter 2 Administration, Sec.2-443 Administrative fines;liens shall be amended as follows;
Sec.2-443.-Administrative fines; liens.
(a) The Special Magistrate or code enforcement board, upon notification by the city manager or his
designee :-- . - -•• . - - •that an order of the Special Magistrate or code 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 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. The fine imposed shall not exceed two hundred fifty dollars($250.00)per day for a
first violation and shall not exceed five hundred dollars($500.00)per day for a repeat violation.
(b) In determining the amount of the fine, if any, the Special Magistrate or code enforcement board
shall consider the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator.
(c) 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 and upon any other real or personal
property owned by the violator; and it may be enforced in the same manner as a court judgment by the
sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After three(3) months from the filing of any such lien which
remains unpaid, the Special Magistrate or code enforcement board may authorize the city attorney to
foreclose on the lien.No lien created pursuant to the provisions of this division may be foreclosed on real
property which is a homestead under s.4,Art.X of the state Constitution.
(Code 1959, §28-8; Ord.No. 91-1-12, § 1, 12-2-91)
State law reference— Similar provisions,F.S. § 162.09.
Section 9.Chapter 2 Administration, Sec.2-444 Duration of Lien shall be amended as follows;
Sec.2-444.-Duration of lien.
No lien provided under this division shall continue for a period 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 has commenced in a court of competent jurisdiction. 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 pendens is recorded.
(Code 1959, §28-9; Ord.No. 91-1-12, § 1, 12-2-91)
State law reference— Similar provisions,F.S. § 162.10.
Section 10. Chapter 2 Administration, Sec.2-4445 Appeals shall be amended as follows;
Sec.2-445.-Appeals.
An aggrieved party, including the city council, may appeal a final administrative order of the Special
Magistrate or code enforcement board 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 Special Magistrate or code
enforcement board. An appeal shall be filed within thirty (30) days of the execution of the order to be
appealed.
(Code 1959, §28-10; Ord.No. 91-1-12, § 1, 12-2-91)
State law reference— Similar provisions,F.S. § 162.11.
Section 11. Chapter 2 Administration, Sec. 2-446 Service of notices shall be amended as follows;
Sec. 2-446.-Service of notices.
(a) All notices required by this division shall be provided to the alleged violator by certified mail,return
receipt requested; by hand delivery by the sheriff or other law enforcement officer, code enforcement
officer or other person designated by the city council; or by leaving the notice at the violator's usual place
of residence with any person residing therein who is above fifteen (15)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 Special Magistrate
or code enforcement board,notice may also be served by publication,as follows:
(1) Such notice shall be published once during each week for four(4) consecutive weeks(four(4)
publications being sufficient) in a newspaper of general circulation in the county. The newspaper
shall meet such requirements as are prescribed under F.S. ch. 50 for legal and official
advertisements.
(2) Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051.
(3) Notice by publication may run concurrently with, or may follow, an attempt or attempts to
provide notice by hand delivery or by mail as required under subsection(a).
(c) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection(a),
together with proof of publication as provided in subsection(b), shall be sufficient to show that the notice
requirements of this division have been met,without regard to whether or not the alleged violator actually
received such notice.
(Code 1959, §28-11; Ord.No. 91-1-12, § 1, 12-2-91)
State law reference— Similar provisions,F.S. § 162.12.
Section 12. Chapter 2 Administration, Sec.2-447 Provisions of division supplemental shall be amended
as follows;
Sec.2-447.-Provisions of division supplemental.
(a) It is the legislative intent of this division to provide an additional or supplemental means of
obtaining compliance with local codes. Nothing contained in the division shall prohibit the city council
from enforcing its codes by any other means. Authorizing the city manager and his designee to issue
citations for violations of the City's Code as he deems needed
(b) No citations shall be issued without the approval of the city manager or his designee. The first
citation shall be a warning giving a reasonable time to correct the violation. The maximum fine will be
two hundred fifty dollars ($250.00). Failure to pay a fine within ten (10) days will add additional fine of
fifty dollars($50.00).After twenty(20) days of an unpaid fine,the city attorney manager may place a lien
on the property.Also, after the twenty-day period, a second citation may be issued for failure to pay fine.
(c) Any person or entity cited may request a hearing before the Special Magistrate or code enforcement
board within thirty(30) days of the citation for resolution of their citation at a cost of two hundred dollars
($200.00). If the Special Magistrate or code enforcement board finds in favor of the person receiving the
violation, the fee will be returned. If the Special Magistrate or code enforcement board fmds that the
person or entity cited is guilty,they may set any fine allowed by law for the violation.
(Code 1959, §28-12; Ord.No.91-1-12, § 1, 12-2-91; Ord.No.2010-06, § 1, 5-3-10)
State law reference— Similar provisions,F.S. § 162.13.
Secs.2-448-2-475.-Reserved.
Section 13.The Ordinance shall become effective immediately upon its final passage and adoption by the
City Council.
VOTE RESULTS OF FIRST READING:
Mayor Harriet Pruette Yes
Vice Mayor Kara Tucker Yes
Councilor Richard Arthur Yes
Councilor John Jolly Yes
Councilor Eric Pardee Yes
Passed on First Reading this 12th day of September,2011.
VOTE RESULTS OF SECOND AND FINAL READING:
Mayor Harriet Pruette Yes
Vice Mayor Kara Tucker Yes
Councilor Richard Arthur Yes
Councilor John Jolly Yes
Councilor Eric Pardee Yes
Passed on Second and Final Reading this 10tli day of October,2011.
Harriet Pruette
Mayor
ATTEST:
Lisa Volpe, CMC
City Clerk
Approved as to form and contents
Patrick Krechowski, City Attorney
Introduced by: Council member Christian
1st Reading: June 18, 2007
2nd Reading: July 16, 2007
ORDINANCE NO. 2007-7937
AN ORDINANCE OF THE CITY OF JACKSONVILLE BEACH,
FLORIDA AMENDING ARTICLE VI 'CODE ENFORCEMENT
BOARD' OF CHAPTER 2 OF THE CODE OF ORDINANCES,
KNOWN AS THE CODE ENFORCEMENT ORDINANCE OF
THE CITY OF JACKSONVILLE BEACH, FLORIDA, BY
REPEALING IT IN ITS ENTIRETY AND REPLACING IT
WITH A NEW ARTICLE VI. CODE ENFORCEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE
BEACH,FLORIDA:
SECTION 1. That Article VI, "Code Enforcement Board," of Chapter 2. Administration
of the Code of Ordinances of the City of Jacksonville Beach, Florida, is hereby amended and
shall henceforth read as follows:
ARTICLE VI. CODE ENFORCEMENT
Sec.2-166. Title.
This article may be known and cited as the "Code Enforcement Ordinance of the
City of Jacksonville Beach, Florida."
Sec.2-167. Intent of article.
It is the intent of this article to promote, protect, and improve the health, safety,
and welfare of the citizens of the City by authorizing the creation of one or more
code enforcement special magistrates ("special magistrate") with authority to
impose administrative fines and other non-criminal penalties to provide an
equitable and expeditious method of enforcing certain codes and ordinances in
force in the City,where a pending or repeated violation continues to exist.
Sec. 2-168. Definitions.
(a) Unless the context requires otherwise, the terms used in this article shall
have the definitions provided under Chapter 162, Florida Statutes.
Ordinance No.2007-7937 Page 1 of 9
(b) The following words,terms and phrases used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
(1) Repeat violation means a violation of a provision of a code or
ordinance by a person whom the code enforcement board or the
special magistrate has previously found to have violated the same
provision within five (5)years prior to the violation.
(2) Code inspector means any authorized agent or employee of the city
whose duty it is to assure code compliance.
(3) Council means the City Council of the City of Jacksonville Beach.
(4) City means the City of Jacksonville Beach,Florida.
Sec. 2-169. Code enforcement board dissolved;references revised.
The code enforcement board, heretofore established by the adoption of Ordinance
No. 7082, is hereby dissolved effective July 17, 2007; provided, all prior
administrative actions, orders and liens imposed by such code enforcement board
shall remain in full force and effect. No cases shall be referred to the code
enforcement board on and after July 17, 2007. All cases remaining pending before
the code enforcement board as of July 17, 2007 shall be transferred to the special
magistrate. All references to the code enforcement board occurring elsewhere
within this code, within the city's land development regulations and within any
other codes, ordinances and resolutions of the Council shall hereafter be deemed
to refer to the special magistrate appointed under the authority of this article.
Sec. 2-170. Special magistrate appointment and powers.
(a) The Council shall appoint a special magistrate or special magistrates, as
needed. Appointments shall be made on the basis of experience and
interest in the subject matter, in the sole discretion of the Council. A
special magistrate must be a member in good standing of the Florida Bar.
(b) The special magistrate shall serve at the pleasure of the Council.
(c) The amount of compensation paid to a special magistrate shall be
determined by the Council.
(d) The special magistrate shall have the power to:
(1) Adopt rules for the conduct of code enforcement hearings
provided, however, that the rules shall be uniform for all special
magistrates.
Ordinance No. 2007-7937 Page 2 of 9
(2) Subpoena alleged violators and witnesses to code enforcement
hearings.
(3) Subpoena evidence.
(4) Take testimony under oath.
(5) Issue orders having the force of law to command whatever steps
are necessary to bring a violation into compliance.
Sec. 2-171. Notification of violators;requests for hearings.
(a) It shall be the duty of the code inspector to initiate enforcement
proceedings of the various codes and ordinances under the jurisdiction of
the special magistrate and more particularly set out hereinafter; however,
no special magistrate shall have the power to initiate such enforcement
proceedings.
(b) Except as provided in subsection (c), if a violation of any such code or
ordinance is found, the code inspector shall notify the violator and give
him or her a reasonable time to correct the violation. Should the violation
continue beyond the time specified for correction, the code inspector shall
notify the special magistrate and request a hearing. The special magistrate,
through his/her clerical staff, shall schedule a hearing, and written notice
of such hearing shall be hand delivered or mailed as provided in Section
162.12, Florida Statutes, to the_property owner and/or the violator. At the
option of the special magistrate, notice may additionally be served by
publication orposting as provided Section 162.12, Florida Statutes. If the
violation is corrected and then recurs, or if the violation is not corrected by
the time specified for correction by the code inspector, the case may be
presented to the special magistrate even if the violation has been corrected
prior to the hearing, and the notice shall so state.
(c) If a repeat violation is found, the code inspector shall notify the violator
but is not required to give the violator a reasonable time to correct the
violation. The code inspector, upon notifying the violator of a repeat
violation, shall notify the special magistrate and request a hearing. The
special magistrate, through his/her clerical staff, shall schedule a hearing
and shall provide notice pursuant to Section 162.12, Florida Statutes. The
case may be presented to the special magistrate even if the repeat violation
has been corrected prior to the hearing and the notice shall so state. If the
repeat violation has been corrected, the special magistrate retains the right
to schedule a hearing to determine costs and impose the payment of
reasonable enforcement fees upon the repeat violator. The repeat violator
may choose to waive his or her rights to this hearing and pay said costs as
determined by the special magistrate.
Ordinance No.2007-7937 Page 3 of 9
(d) If the code 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 code inspector shall make a
reasonable effort to notify the property owner and/or violator, and may
immediately notify the special magistrate and request a hearing.
(e) If the owner of property that is subject to an enforcement proceeding
before an enforcement board, special magistrate, or court transfers
ownership of such property between the time the initial pleading was
served and the time of the hearing, such owner shall:
(1) Disclose, in writing, the existence and the nature of the proceeding
to the prospective transferee.
(2) Deliver to the prospective transferee a copy of the pleadings,
notices, and other materials relating to the code enforcement
proceeding received by the transferor.
(3) Disclose, in writing, to the prospective transferee that the new
owner will be responsible for compliance with the applicable code
and with orders issued in the code enforcement proceeding.
(4) File a notice with the code inspector of the transfer of the property,
with the identity and address of the new owner and copies of the
disclosures made to the new owner, within 5 days after the date of
the transfer.
A failure to make the disclosures described in paragraphs (e)(1) through
(e)(3) before the transfer creates a rebuttable presumption of fraud. If the
property is transferred before the hearing, the proceeding shall not be
dismissed, but the new owner shall be provided a reasonable period to
correct the violation before the hearing is held.
Sec.2-172. Conduct of hearings.
(a) Upon request of the code inspector, or at such other times as may be
necessary, the special magistrate may call a code enforcement hearing.
Minutes shall be kept of all hearings by the special magistrate, through
his/her clerical staff; and all hearings and proceedings shall be open to the
public and recorded, The City shall provide clerical and administrative
personnel as may be reasonably required by the special magistrate for the
proper performance of his/her duties.
(b) Each case before the special magistrate shall be presented by the City's
code inspection staff or the city attorney.
Ordinance No.2007-7937 Page 4 of 9
(c) The special magistrate shall proceed to hear the cases on the agenda for
that day. All testimony shall be under oath and shall be recorded. The
special magistrate shall take testimony from the code inspector, alleged
violator, and any witnesses. Formal rules of evidence shall not apply, but
fundamental due process shall be observed and shall govern the
proceedings.
(d) The special magistrate may, at his/her option, issue findings of fact, based
on evidence of record and conclusions of law; and may issue an order
affording the proper relief consistent with powers granted in this article
and in Chapter 162, Florida Statutes at the conclusion of the hearing. All
such findings of fact, conclusions of law, and orders shall be issued not
later than thirty (30) days from the date of the hearing. 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. A
certified copy of such order may be recorded in the public records of the
county and shall constitute notice to any subsequent purchasers,
successors in interest, or assigns if the violation concerns real property.
The findings therein shall be binding upon the violator and, if the violation
concerns real property, any subsequent purchasers, successors in interest,
or assigns. If an order is recorded in the public records pursuant to this
subsection and the order is complied with by the date specified in the
order, the special magistrate shall issue an order acknowledging
compliance that shall be recorded in the public records. A hearing is not
required to issue such an order acknowledging compliance.
(e) Notification of the special magistrate's action shall be delivered by the city
to the violator by regular mail within ten(10) days of the date that order is
executed.
Section 2-173. Jurisdiction of special magistrate
(a) Except as otherwise provided in this Code of Ordinances, the special
magistrate shall have the jurisdiction and authority to hear and decide
alleged violations of the codes of the City, including, but not limited to the
following:
(1) Chapter 3. Advertising
(2) Chapter 5. Animals and Fowl, Article I. In General
(3) Chapter 6. Beaches and Bulkheads,Article I. In General.
(4) Chapter 7. Buildings and Building Regulations.
(5) Chapter 14. Junked, Abandoned Property.
Ordinance No.2007-7937 Page 5 of 9
(6) Chapter 19.Nuisances.
(7) Chapter 27. Residential and Commercial Solid Waste Collection,
Disposal, and Assessment.
(8) Chapter 28. Streets, Sidewalks, and Other Public Places.
(9) Chapter 32. Utilities.
(10) Chapter 34. Land Development Code
Sec. 2-174. Penalties for violation.
(a) The special magistrate upon notification by the code inspector that an
order of the special magistrate has not been complied with by the set time,
or upon finding that a repeat violation has been committed, may order the
violator to pay a fine in an amount specified in this section for each day
the violation continues past the date set by the special magistrate 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 article, a hearing shall not be necessary for issuance of the
order imposing the fine.
(b) A fine imposed pursuant to this section shall not exceed two hundred fifty
dollars ($250.00) per day for a first violation and shall not exceed five
hundred dollars ($500.00) per day for a repeat violation, and shall not
exceed five thousand dollars ($5,000) for a violation found to be
irreparable or irreversible in nature.
In determining the amount of the fine, if any, the special magistrate shall
consider the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and,
(3) Any previous violations committed by the violator.
(c) 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 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 this state,including
execution and levy against the personal property of the violator, but such
order shall not be deemed a court judgment except for enforcement
purposes. A fine imposed pursuant to this section shall continue to accrue
Ordinance No.2007-7937 Page 6 of 9
until the violator comes into compliance or until judgment is rendered in a
suit to foreclose on a lien filed pursuant to this section, whichever occurs
first. A lien arising from a fine imposed pursuant to this section runs in
favor of the city, and the city may execute a satisfaction or release of lien
entered pursuant to this section. After three (3) months from the filing of
any such lien that remains unpaid, the city may foreclose on the lien or to
sue to recover a money judgment for the lien plus accrued interest. No lien
created pursuant to the provisions of this section may be foreclosed on real
property that is a homestead under Section 4, Article X of the State
Constitution. The money judgment provisions of this section shall not
apply to real or personal property that is covered under Section 4(a),
Article X of the State Constitution.
Sec. 2-175. Duration of lien.
No lien provided under this article shall continue for a period 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 party
is entitled to recover all costs, including a reasonable attorney's fees, that it 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 pendens is recorded.
Sec. 2-176. Appeals.
An aggrieved party, including the city, may appeal a final administrative order of
the special magistrate 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
special magistrate. An appeal shall be filed within thirty (30) days of the
execution of the order to be appealed.
Sec. 2-177. Notices.
(1) All notices required by this part shall be provided to the alleged violator
by:
(a) Certified mail, return receipt requested, provided if such notice is
sent under this paragraph to the owner of the property in question
at the address listed in the public records of Duval County for tax
notices, and at any other address provided to the city by such
owner and is returned as unclaimed or refused, notice may be
provided by publication or posting as described in paragraphs (2)
or (3) below and by first class mail directed to the addresses
furnished to the city with a properly executed proof of mailing or
affidavit confirming the first class mailing;
Ordinance No.2007-7937 Page 7 of 9
(b) Hand delivery by the sheriff or other law enforcement officer, code
inspector, private process server, or other person designated by the
local governing body;
(c) Leaving the notice at the violator's usual place of residence with
any person residing therein who is above 15 years of age and
informing such person of the contents of the notice; or
(d) In the case of commercial premises, leaving the notice with the
manager or other person in charge.
(2) In addition to providing notice as set forth in subsection (1), at the option
of the special magistrate, notice may also be served by publication or
posting, as follows:
(a) 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 special
magistrate hearing is located. The newspaper shall meet such
requirements as are prescribed under chapter 50 for legal and
official advertisements.
(b) Proof of publication shall be made as provided in Sections 50.041
and 50.051,Florida Statutes.
(3) In lieu of or in addition to publication as described in paragraph (2), such
notice may be posted at least 10 days prior to the hearing, or prior to the
expiration of any deadline contained in the notice, in at least two locations,
one of which shall be the property upon which the violation is alleged to
exist and the other of which shall be the Jacksonville Beach City Hall.
Proof of posting shall be by affidavit of the person posting the notice,
which affidavit shall include a copy of the notice posted and the date and
places of its posting.
(4) Notice by publication or posting may run concurrently with, or may
follow, an attempt or attempts to provide notice by hand delivery or by
mail as required under subsection(1).
Evidence that an attempt has been made to hand deliver or mail notice as provided
in subsection (1), together with proof of publication or posting as provided in
paragraphs (2) or (3), 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.
Ordinance No.2007-7937 Page 8 of 9
Sec. 2-178. Provisions article supplemental.
It is the legislative intent of this article to provide an additional.or supplemental
means of obtaining compliance with the local codes. Nothing contained in this
article shall prohibit the Council from enforcing its codes by any other means.
SECTION 2. If any section, phrase, sentence or portion of this ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct, and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
SECTION 3. Codification of this ordinance in the Code of Ordinances of the City of
Jacksonville Beach is hereby authorized and directed.
SECTION 4. This ordinance shall take effect upon its adoption.
AUTHENTICATED THIS 16th DAY OF July, A. D., 2007.
Fland O. Sharp,MAYOR
Heidi Reagan, CITY CLERK
Ordinance No.2007-7937 Page 9 of 9