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BMRC Notebook as of 2-25-15 BOARD MEMBER REVIEW COMMITTEE BOARD MEMBER INFORMATION Prepared by Donna Bartle (as of December 5, 2014) TABLE OF CONTENTS TAB • Summary of Boards/Committees 1 Summary of Boards and Committees • Board Member Review Committee 2 Resolution No. 12-08 Resolution No. 06-03 Resolution No. 05-04 • Code Enforcement Board (CEB) 3 also acts as Nuisance Control Board (NCB) City Code relating to the CEB Florida Statute Chapter 162 • Community Development Board (CDB) 4 City Code relating to the CDB • Pension Board of Trustees (General) 5 City Code Sec. 2, Div. 3 General Employees’ Retirement System • Pension Board of Trustees (Police) 6 City Code Sec. 2, Div. 4 Police Officers’ Retirement System • Cultural Arts & Recreation Advisory Committee 7 Resolution No. 10-08 Resolution No. 03-05 Resolution No. 02-13 • Forms 8 Board Application BMRC Rating Sheet DIVISION 2. CODE ENFORCEMENT BOARD i[8] Sec. 2-141. Created; membership; terms. Sec. 2-142. Removal; filling vacancies. Sec. 2-143. Meetings; election of officers; quorum. Sec. 2-144. Minutes of hearings; clerical and administrative personnel. Sec. 2-145. City attorney. Sec. 2-146. Jurisdiction. Sec. 2-146.1. Jurisdiction of special magistrate. Sec. 2-147. Procedure; enforcement and hearings. Sec. 2-148. Powers. Sec. 2-149. Administrative fines; cost of repairs; contestes; liens; money judgments. Sec. 2-150. Duration of lien. Sec. 2-151. Appeal. Secs. 2-152—2-160. Reserved. 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) 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) 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. (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) 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) 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 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. 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 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 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) 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) 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. Select Year: 2014 Go The 2014 Florida Statutes Title XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS Chapter 162 COUNTY OR MUNICIPAL CODE ENFORCEMENT View Entire Chapter CHAPTER 162 COUNTY OR MUNICIPAL CODE ENFORCEMENT PART I LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (ss. 162.01-162.13) PART II SUPPLEMENTAL COUNTY OR MUNICIPAL CODE OR ORDINANCE ENFORCEMENT PROCEDURES (ss. 162.21-162.30) PART I LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS 162.01Short title. 162.02Intent. 162.03Applicability. 162.04Definitions. 162.05Local government code enforcement boards; organization. 162.06Enforcement procedure. 162.07Conduct of hearing. 162.08Powers of enforcement boards. 162.09Administrative fines; costs of repair; liens. 162.10Duration of lien. 162.11Appeals. 162.12Notices. 162.125Actions for money judgments under this chapter; limitation. 162.13Provisions of act supplemental. 162.01Short title.—Sections 162.01-162.13 may be cited as the “Local Government Code Enforcement Boards Act.” History.—s. 1, ch. 80-300; s. 72, ch. 81-259; s. 1, ch. 82-37. Note.—Former s. 166.051. Page 1of 11Statutes & Constitution :View Statutes : Online Sunshine 12/5/2014http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-01... 162.02Intent.—It is the intent of this part to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist. History.—s. 1, ch. 80-300; s. 2, ch. 82-37; s. 1, ch. 85-150; s. 1, ch. 86-201; s. 1, ch. 89-268. Note.—Former s. 166.052. 162.03Applicability.— (1)Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided herein. (2)A charter county, a noncharter county, or a municipality may, by ordinance, adopt an alternate code enforcement system that gives code enforcement boards or special magistrates designated by the local governing body, or both, the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances. A special magistrate shall have the same status as an enforcement board under this chapter. References in this chapter to an enforcement board, except in s. 162.05, shall include a special magistrate if the context permits. History.—ss. 1, 2, ch. 80-300; s. 3, ch. 82-37; s. 2, ch. 86-201; s. 1, ch. 87-129; s. 2, ch. 89-268; s. 2, ch. 99-360; s. 63, ch. 2004-11. Note.—Former s. 166.053. 162.04Definitions.—As used in ss. 162.01-162.13, the term: (1)“Local governing body” means the governing body of the county or municipality, however designated. (2)“Code inspector” means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance. (3)“Local governing body attorney” means the legal counselor for the county or municipality. (4)“Enforcement board” means a local government code enforcement board. (5)“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 within 5 years prior to the violation, notwithstanding the violations occur at different locations. History.—s. 1, ch. 80-300; s. 4, ch. 82-37; s. 10, ch. 83-216; s. 3, ch. 86-201; s. 3, ch. 89-268; s. 3, ch. 99-360; s. 22, ch. 2001-60. Note.—Former s. 166.054. 162.05Local government code enforcement boards; organization.— (1)The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body of a county or a municipality that has a population of less than 5,000 persons may appoint five-member or seven-member code enforcement boards. The local governing body of a county or a municipality that has a population equal to or greater than 5,000 persons must appoint seven-member code enforcement boards. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members. (2)Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. Page 2of 11Statutes & Constitution :View Statutes : Online Sunshine 12/5/2014http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-01... Appointments shall be made in accordance with applicable law and ordinances on the basis of experience or interest in the subject matter jurisdiction of the respective code enforcement board, in the sole discretion of the local governing body. The membership of each enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. (3)(a)The initial appointments to a seven-member code enforcement board shall be as follows: 1.Two members appointed for a term of 1 year each. 2.Three members appointed for a term of 2 years each. 3.Two members appointed for a term of 3 years each. (b)The initial appointments to a five-member code enforcement board shall be as follows: 1.One member appointed for a term of 1 year. 2.Two members appointed for a term of 2 years each. 3.Two members appointed for a term of 3 years each. Thereafter, any appointment shall be made for a term of 3 years. (c)The local governing body of a county or a municipality that has a population of less than 5,000 persons may reduce a seven-member code enforcement board to five members upon the simultaneous expiration of the terms of office of two members of the board. (d)A member may be reappointed upon approval of the local governing body. (e)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 of three successive meetings without cause and without prior approval of the chair, the enforcement board shall declare the member’s office vacant, and the local governing body shall promptly fill such vacancy. (f)The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards. (4)The members of an enforcement board shall elect a chair, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven-member enforcement board, and the presence of three or more members shall constitute a quorum of any five-member 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 local governing body or as are otherwise provided by law. (5)The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities. History.—s. 1, ch. 80-300; s. 5, ch. 82-37; s. 4, ch. 86-201; s. 2, ch. 87-129; s. 4, ch. 89-268; s. 1, ch. 94-291; s. 1441, ch. 95-147. Note.—Former s. 166.055. 162.06Enforcement procedure.— (1)It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings. (2)Except as provided in subsections (3) and (4), if a violation of the codes 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 an enforcement board and request a hearing. The 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 Page 3of 11Statutes & Constitution :View Statutes : Online Sunshine 12/5/2014http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-01... s. 162.12 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in s. 162.12. 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 enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state. (3)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 an enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to s. 162.12. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. If the repeat violation has been corrected, the code enforcement board 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 code enforcement board. (4)If the code inspector has reason to believe a violation or the condition causing the 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 violator and may immediately notify the enforcement board and request a hearing. (5)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: (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, notices, and other materials 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 proceeding. (d)File a notice with the code enforcement official 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 (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 a reasonable period of time to correct the violation before the hearing is held. History.—s. 1, ch. 80-300; s. 5, ch. 86-201; s. 1, ch. 87-391; s. 5, ch. 89-268; s. 2, ch. 94-291; s. 1442, ch. 95-147; s. 2, ch. 96-385; s. 4, ch. 99-360; s. 64, ch. 2004-11. Note.—Former s. 166.056. 162.07Conduct of hearing.— (1)Upon request of the code inspector, or at such other times as may be necessary, the chair of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of a seven-member enforcement board or signed by at least two members of a five-member enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing Page 4of 11Statutes & Constitution :View Statutes : Online Sunshine 12/5/2014http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-01... body shall provide clerical and administrative personnel as may be reasonably required by each enforcement board for the proper performance of its duties. (2)Each case before an enforcement board shall be presented by the local governing body attorney or by a member of the administrative staff of the local governing body. If the local governing body prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under s. 162.09(3). (3)An 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 enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (4)At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein. The finding shall be by motion approved by a majority of those members present and voting, except that at least four members of a seven-member enforcement board, or three members of a five-member enforcement board, must 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 may be imposed and, under the conditions specified in s. 162.09(1), the cost of repairs may be included along with the fine 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, 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 enforcement 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 acknowledging compliance. History.—s. 1, ch. 80-300; s. 6, ch. 82-37; s. 44, ch. 83-217; s. 6, ch. 86-201; s. 6, ch. 89-268; s. 3, ch. 94-291; s. 1443, ch. 95-147; s. 2, ch. 95-297. Note.—Former s. 166.057. 162.08Powers of enforcement boards.—Each 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 sheriff of the county or police department of the municipality. (3)Subpoena evidence to its hearings. (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. History.—s. 1, ch. 80-300; s. 7, ch. 82-37; s. 7, ch. 86-201; s. 7, ch. 89-268. Note.—Former s. 166.058. 162.09Administrative fines; costs of repair; liens.— (1)An enforcement board, upon notification by the code inspector that an order of the enforcement 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 this section for each day the violation continues past the date set by the enforcement board for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat Page 5of 11Statutes & Constitution :View Statutes : Online Sunshine 12/5/2014http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-01... violation is found to have occurred by the code inspector. In addition, if the violation is a violation described in s. 162.06(4), the enforcement board shall notify the local governing body, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the local governing body 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 part, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, a code enforcement board finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in paragraph (2)(a). (2)(a)A fine imposed pursuant to this section shall not exceed $250 per day for a first violation and shall not exceed $500 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to subsection (1). However, if a code enforcement board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000 per violation. (b)In determining the amount of the fine, if any, the 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)An enforcement board may reduce a fine imposed pursuant to this section. (d)A county or a municipality having a population equal to or greater than 50,000 may adopt, by a vote of at least a majority plus one of the entire governing body of the county or municipality, an ordinance that gives code enforcement boards or special magistrates, or both, authority to impose fines in excess of the limits set forth in paragraph (a). Such fines shall not exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat violation, and up to $15,000 per violation if the code enforcement board or special magistrate finds the violation to be irreparable or irreversible in nature. In addition to such fines, a code enforcement board or special magistrate may impose additional fines to cover all costs incurred by the local government in enforcing its codes and all costs of repairs pursuant to subsection (1). Any ordinance imposing such fines shall include criteria to be considered by the code enforcement board or special magistrate in determining the amount of the fines, including, but not limited to, those factors set forth in paragraph (b). (3)A certified copy of an order imposing a fine, or a fine plus repair costs, 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 shall be enforceable 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 to be a court judgment except for enforcement purposes. 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 filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section. After 3 months from the filing of any such lien which remains unpaid, the enforcement 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 provisions of this part may be foreclosed on real property Page 6of 11Statutes & Constitution :View Statutes : Online Sunshine 12/5/2014http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-01... which is a homestead under s. 4, Art. X of the State Constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under s. 4(a), Art. X of the State Constitution. History.—s. 1, ch. 80-300; s. 8, ch. 82-37; s. 2, ch. 85-150; s. 8, ch. 86-201; s. 2, ch. 87-391; s. 8, ch. 89-268; s. 4, ch. 94- 291; s. 1, ch. 95-297; s. 5, ch. 99-360; s. 1, ch. 2000-125; s. 65, ch. 2004-11. Note.—Former s. 166.059. 162.10Duration of lien.—No lien provided under the Local Government Code Enforcement Boards Act shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action is commenced pursuant to s. 162.09(3) in a court of competent jurisdiction. In an action to foreclose on a lien or for a money judgment, the prevailing party is entitled to recover all costs, including a reasonable attorney’s fee, that it incurs in the action. The local governing body shall be entitled to collect all costs incurred in recording and satisfying a valid lien. 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. History.—s. 9, ch. 82-37; s. 9, ch. 86-201; s. 9, ch. 89-268; s. 5, ch. 94-291; s. 2, ch. 2000-125. 162.11Appeals.—An aggrieved party, including the local governing body, may appeal a final administrative order of an 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 enforcement board. An appeal shall be filed within 30 days of the execution of the order to be appealed. History.—s. 1, ch. 80-300; s. 10, ch. 82-37; s. 3, ch. 85-150; s. 10, ch. 86-201. Note.—Former s. 166.061. 162.12Notices.— (1)All notices required by this part must be provided to the alleged violator by: (a)Certified mail, and at the option of the local government return receipt requested, to the address listed in the tax collector’s office for tax notices or to the address listed in the county property appraiser’s database. The local government may also provide an additional notice to any other address it may find for the property owner. For property owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If any notice sent by certified mail is not signed as received within 30 days after the postmarked date of mailing, notice may be provided by posting as described in subparagraphs (2)(b)1. and 2.; (b)Hand delivery by the sheriff or other law enforcement officer, code inspector, 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 code enforcement board or the local government, notice may be served by publication or posting, as follows: (a)1.Such notice shall be published once during each week for 4 consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county where the code enforcement board is located. The newspaper shall meet such requirements as are prescribed under chapter 50 for legal and official advertisements. 2.Proof of publication shall be made as provided in ss. 50.041 and 50.051. Page 7of 11Statutes & Constitution :View Statutes : Online Sunshine 12/5/2014http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-01... (b)1.In lieu of publication as described in paragraph (a), 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, in the case of municipalities, at the primary municipal government office, and in the case of counties, at the front door of the courthouse or the main county governmental center in said county. 2.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. (c)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). (3)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 subsection (2), 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. History.—s. 1, ch. 80-300; s. 11, ch. 86-201; s. 3, ch. 87-391; s. 10, ch. 89-268; s. 6, ch. 94-291; s. 6, ch. 99-360; s. 3, ch. 2000-125; s. 1, ch. 2012-13; s. 2, ch. 2013-193; s. 1, ch. 2014-154. Note.—Former s. 166.062. 162.125Actions for money judgments under this chapter; limitation.—Actions for money judgments under this chapter may be pursued only on fines levied after October 1, 2000. History.—s. 4, ch. 2000-125. 162.13Provisions of act supplemental.—It is the legislative intent of ss. 162.01-162.12 to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in ss. 162.01-162.12 shall prohibit a local governing body from enforcing its codes by any other means. History.—s. 11, ch. 82-37. PART II SUPPLEMENTAL COUNTY OR MUNICIPAL CODE OR ORDINANCE ENFORCEMENT PROCEDURES 162.21Enforcement of county or municipal codes or ordinances; penalties. 162.22Designation of enforcement methods and penalties for violation of municipal ordinances. 162.23Notice to appear. 162.30Civil actions to enforce county and municipal ordinances. 162.21Enforcement of county or municipal codes or ordinances; penalties.— (1)As used in this section, “code enforcement officer” means any designated employee or agent of a county or municipality whose duty it is to enforce codes and ordinances enacted by the county or municipality. (2)A county or a municipality may designate certain of its employees or agents as code enforcement officers. The training and qualifications of the employees or agents for such designation shall be determined by the county or the municipality. Employees or agents who may be designated as code enforcement officers may include, but are not limited to, code inspectors, law enforcement officers, animal control officers, or firesafety inspectors. Designation as a code enforcement officer does not provide the code enforcement officer with the power of arrest or subject the code enforcement officer to the provisions of ss. 943.085-943.255. Nothing in this section amends, alters, or contravenes the Page 8of 11Statutes & Constitution :View Statutes : Online Sunshine 12/5/2014http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-01... provisions of any state-administered retirement system or any state-supported retirement system established by general law. (3)(a)A code enforcement officer 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 code or ordinance and that the county court will hear the charge. (b)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, a 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 a repeat violation is found or 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. (c)A citation issued by a code enforcement officer shall be in a form prescribed by the county or the municipality 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 or 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. 8.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, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (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. (5)A county or a municipality is authorized to enforce codes and ordinances under the provisions of this section and may enact an ordinance establishing procedures for the implementation of such provisions, including a schedule of violations and penalties to be assessed by code enforcement officers. If a county or municipality chooses to enforce codes or ordinances under the provisions of this section, each code or ordinance or the ordinance enacted by the county or municipality establishing procedures for implementation of this section shall provide: (a)That a violation of a code or an ordinance is a civil infraction. (b)A maximum civil penalty not to exceed $500. (c)A civil penalty of less than the maximum civil penalty if the person who has committed the civil infraction does not contest the citation. (d)For the issuance of a citation by a code enforcement officer who has reasonable cause to believe that a person has committed an act in violation of a code or an ordinance. Page 9of 11Statutes & Constitution :View Statutes : Online Sunshine 12/5/2014http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-01... (e)For the contesting of a citation in county court. (f)Such procedures and provisions as are necessary to provide for the enforcement of a code or an ordinance under the provisions of this section. (6)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 or s. 775.083. (7)The provisions of this part shall not apply to the enforcement pursuant to ss. 553.79 and 553.80 of the Florida Building Code adopted pursuant to s. 553.73 as applied to construction, provided that a building permit is either not required or has been issued by the county or the municipality. (8)The provisions of this section are additional and supplemental means of enforcing county or municipal codes or ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this section shall prohibit a county or municipality from enforcing its codes or ordinances by any other means. History.—s. 11, ch. 89-268; s. 7, ch. 94-291; s. 1444, ch. 95-147; s. 3, ch. 96-385; s. 4, ch. 98-287; s. 115, ch. 2000-141; s. 35, ch. 2001-186; s. 4, ch. 2001-372. 162.22Designation of enforcement methods and penalties for violation of municipal ordinances.—The governing body of a municipality may designate the enforcement methods and penalties to be imposed for the violation of ordinances adopted by the municipality. These enforcement methods may include, but are not limited to, the issuance of a citation, a summons, or a notice to appear in county court or arrest for violation of municipal ordinances as provided for in chapter 901. Unless otherwise specifically authorized and provided for by law, a person convicted of violating a municipal ordinance may be sentenced to pay a fine, not to exceed $500, and may be sentenced to a definite term of imprisonment, not to exceed 60 days, in a municipal detention facility or other facility as authorized by law. History.—s. 1, ch. 94-255. 162.23Notice to appear.— (1)Notwithstanding s. 34.07, a code enforcement officer, designated pursuant to s. 162.21(1) and (2), may issue a notice to appear at any hearing conducted by a county court if the officer, based upon personal investigation, has reasonable cause to believe that the person has violated a code or ordinance. A notice to appear means a written order issued by a code enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time. If a person issued a notice to appear under this section refuses to sign such notice, the code enforcement officer has no authority to arrest such person. (2)Prior to issuing a notice to appear, a code enforcement officer shall provide written 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 fewer than 5 days and no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the prescribed time period, a code enforcement officer may issue a notice to appear to the person who has committed the violation. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a notice to appear and may immediately issue a notice to appear if a repeat violation is found, or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare or that the violator is engaged in violations of an itinerant or Page 10of 11Statutes & Constitution :View Statutes : Online Sunshine 12/5/2014http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-01... transient nature, as defined by local code or ordinance within the jurisdiction, or if the violation is irreparable or irreversible. History.—s. 1, ch. 96-385; s. 7, ch. 99-360. 162.30Civil actions to enforce county and municipal ordinances.—In addition to other provisions of law authorizing the enforcement of county and municipal codes and ordinances, a county or municipality may enforce any violation of a county or municipal code or ordinance by filing a civil action in the same manner as instituting a civil action. The action shall be brought in county or circuit court, whichever is appropriate depending upon the relief sought. Counties and municipalities are authorized and required to pay any counsel appointed by the court to represent a private party in such action if the provision of counsel at public expense is required by the Constitution of the United States or the Constitution of the State of Florida and if the party is indigent as established pursuant to s. 27.52. The county or municipality shall bear all court fees and costs of any such action, and may, if it prevails, recover the court fees and costs and expense of the court-appointed counsel as part of its judgment. The state shall bear no expense of actions brought under this section except those that it would bear in an ordinary civil action between private parties in county court. History.—s. 87, ch. 2003-402. Copyright © 1995-2014 The Florida Legislature • Privacy Statement • Contact Us Page 11of 11Statutes & Constitution :View Statutes : Online Sunshine 12/5/2014http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-01... DIVISION 3. GENERAL EMPLOYEES' RETIREMENT SYSTEM i[12] Sec. 2-263. Board of trustees. (a) The sole and exclusive administration of and responsibility for the proper operation of the system and for making effective the provisions of this article is hereby vested in a board of trustees. The board is hereby designated as the plan administrator. The board shall consist of five (5) trustees, two (2) of whom, unless otherwise prohibited by law, shall be legal residents of the city, who shall be appointed by the Atlantic Beach City Commission, and two (2) of whom shall be members of the system, who shall be elected by a majority of the general employees who are members of the system. The fifth trustee shall be a resident of the city and shall be chosen by a majority of the previous four (4) trustees as provided for herein, and such person's name shall be submitted to the Atlantic Beach City Commission. Upon receipt of the fifth person's name, the Atlantic Beach City Commission shall confirm the appointment to the board as its fifth trustee. The fifth trustee shall have the same rights as each of the other four (4) trustees appointed or elected as herein provided and shall serve a four-year term unless he sooner vacates the office. Each resident trustee shall serve as trustee for a period of four (4) years, unless he sooner vacates the office or is sooner replaced by the Atlantic Beach City Commission at whose pleasure he shall serve. Each member trustee shall serve as trustee for a period of four (4) years, unless he sooner leaves the employment of the city as a general employee or otherwise vacates his office as trustee, whereupon a successor shall be chosen in the same manner as the departing trustee. A vacancy shall occur on the board if any member shall resign or any employee representative ceases to be employed by the city. A vacancy shall occur on the board if any trustee fails to attend three (3) consecutive meetings of the board unless, in each case, excused for cause by the trustees attending the meeting. Each trustee may succeed himself in office. DROP participants can be elected as but not vote for elected trustees. The board shall establish and administer the nominating and election procedures for each election. The board shall meet at least quarterly each year. The board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. (b) The trustees shall, by a majority vote, elect a chairman, vice-chairman and a secretary. The secretary of the board shall keep minutes of the actions, proceedings, or hearings of the board. The trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. (c) Each trustee shall be entitled to one (1) vote on the board. Three (3) affirmative votes shall be necessary for any decision by the trustees at any meeting of the board. A trustee shall abstain from voting as the result of a conflict of interest and shall comply with the provisions of F.S. § 112.3143. (d) The board shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the system. The compensation of all persons engaged by the board and all other expenses of the board necessary for the operation of the system shall be paid from the fund at such rates and in such amounts as the board shall agree. (e) The duties and responsibilities of the board shall include, but not necessarily be limited to, the following: (1) To construe the provisions of the system and determine all questions arising thereunder. (2) To determine all questions relating to eligibility and membership. (3) To determine and certify the amount of all retirement allowances or other benefits hereunder. (4) To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the system. (5) To distribute to members, at regular intervals, information concerning the system. (6) To receive and process all applications for benefits. (7) To authorize all payments whatsoever from the fund, and to notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through operation of the system and fund. (8) To have performed actuarial studies and valuations, at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the system. (9) To perform such other duties as are required to prudently administer the system. (Ord. No. 58-13-37, § 1, 6-10-13) DIVISION 4. POLICE OFFICERS' RETIREMENT SYSTEM i[12] Sec. 2-302. Board of trustees. (a) The sole and exclusive administration of and responsibility for the proper operation of the system and for making effective the provisions of this article is hereby vested in a board of trustees. The board is hereby designated as the plan administrator. The board shall consist of five (5) trustees, two (2) of whom, unless otherwise prohibited by law, shall be legal residents of the city, who shall be appointed by the Atlantic Beach City Commission, and two (2) of whom shall be members of the system, who shall be elected by a majority of the police officers who are members of the system. The fifth trustee shall be chosen by a majority of the previous four (4) trustees as provided for herein, and such person's name shall be submitted to the Atlantic Beach City Commission. Upon receipt of the fifth person's name, the Atlantic Beach City Commission shall, as a ministerial duty, appoint such person to the board as its fifth trustee. The fifth trustee shall have the same rights as each of the other four (4) trustees appointed or elected as herein provided and shall serve a four-year term unless he sooner vacates the office. Each resident trustee shall serve as trustee for a period of four (4) years, unless he sooner vacates the office or is sooner replaced by the Atlantic Beach City Commission at whose pleasure he shall serve. Each member trustee shall serve as trustee for a period of four (4) years, unless he sooner leaves the employment of the city as a police officer or otherwise vacates his office as trustee, whereupon a successor shall be chosen in the same manner as the departing trustee. Each trustee may succeed himself in office. DROP participants can be elected as but not vote for elected trustees. The board shall establish and administer the nominating and election procedures for each election. The board shall meet at least quarterly each year. The board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. (b) The trustees shall, by a majority vote, elect a chairman, vice-chairman and a secretary. The secretary of the board shall keep a complete minute book of the actions, proceedings, or hearings of the board. The trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. (c) Each trustee shall be entitled to one (1) vote on the board. Three (3) affirmative votes shall be necessary for any decision by the trustees at any meeting of the board. A trustee shall abstain from voting as the result of a conflict of interest and shall comply with the provisions of F.S. § 112.3143. (d) The board shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the system. The compensation of all persons engaged by the board and all other expenses of the board necessary for the operation of the system shall be paid from the fund at such rates and in such amounts as the board shall agree. In the event the board chooses to use the city's legal counsel, actuary or other professional, technical or other advisors, it shall do so only under terms and conditions acceptable to the board. (e) The duties and responsibilities of the board shall include, but not necessarily be limited to, the following: (1) To construe the provisions of the system and determine all questions arising thereunder. (2) To determine all questions relating to eligibility and membership. (3) To determine and certify the amount of all retirement allowances or other benefits hereunder. (4) To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the system. (5) To distribute to members, at regular intervals, information concerning the system. (6) To receive and process all applications for benefits. (7) To authorize all payments whatsoever from the fund, and to notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through operation of the system and fund. (8) To have performed actuarial studies and valuations, at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the system. (9) To perform such other duties as are required to prudently administer the system. (Ord. No. 58-13-36, § 1, 6-10-13) i --(12)-- Editor's note— Section 1 of Ord. No. 58-13-37, adopted June 10, 2013, amended Div. 3 in its entirety, in effect repealing §§ 2-261—2-286, 2-288, 2-290, 2-292, 2-294—2-299, and enacting similar new provisions in lieu thereof as §§ 2-261—2-286. See the Code Comparative Table for a complete derivation. 1 CITY OF ATLANTIC BEACH BOARD / COMMITTEE MEMBER APPLICATION FORM Please check (√) the box beside each Board or Committee that you are applying to serve on. If you check more than one, please rank your interest in each board / committee by order of priority. (A summary of each board/committee is available on page 2 of this form.) ___ Code Enforcement Board ___ Community Development Board ___ Pension Board of Trustees ___ Board Member Review Committee ___ Cultural Arts and Recreation Advisory Committee ___ _______________________________ DATE: _____________ APPLICANT’S NAME: _________________________________________ ADDRESS: __________________________________________________________________________ DAYTIME PHONE: _________________________ EVENING PHONE: ____________________ E-MAIL ADDRESS: _________________________ FAX: _________________________________ Please explain any employment experience, board/committee experience, and/or community volunteer experience relative to the board/committee applying for. ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons for wishing to be appointed to this board/committee. ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ Please return completed form to Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233 PLEASE NOTE: Members of the Code Enforcement Board, Community Development Board and Pension Board of Trustees are required to file Statement of Financial Interest Forms. Also, information regarding “Conflict of Interest” is provided on page two of this application. This application will expire two (2) years after date of submittal. 2 Code Enforcement Board (Also acts as the Nuisance Control Board) Meets in Commission Chambers, 800 Seminole Road, at 6:00 pm the second Tuesday of January, March, May, July, September and November. The board consists of seven members and one alternate who are appointed by the City Commission and who serve three-year terms. The Code Enforcement Board has the jurisdiction and authority to hear and act on alleged violations of the following: • City of Atlantic Beach Code of Ordinances, • Building codes, as adopted by the City, • Standard Housing Code, as adopted by the City, • State of Florida Health Code, • Florida State Statutes, and • State, county, and local laws and ordinances whose intent is to promote the health, welfare, and safety of the citizens of the City. The Code Enforcement Board has the authority to assign penalties as provided by Fla. Stat., Chapter 162. Community Development Board Meets in Commission Chambers, 800 Seminole Road, at 6:00 pm the third Tuesday of each month. The board consists of seven members who are appointed by the City Commission and who serve two-year terms. Applications for Variances, Uses-by- Exception, and rezonings are considered by the Community Development Board. The board makes final decisions on Variances and forwards recommendations to the City Commission on Uses-by-Exception, rezonings and several other types of applications. The City Commission makes a final decision on these requests. Pension Board of Trustees Meets in City Hall, 800 Seminole Road, quarterly or as scheduled. The City has two pension boards, one for police employees and one for general employees. The boards are responsible for the general administration, management, and oversight of the operation of the retirement system. Each board consists of five members. Cultural Arts and Recreation Advisory Committee Meets in Adele Grage Cultural Center, 716 Ocean Boulevard at 6:00 pm on the fourth Tuesday of each month. This committee consists of nine members who are appointed by the City Commission and who serve 2-year terms. The duties and responsibilities of the committee include: • Develop plans, promote and support programs and projects to bring the benefits of recreation to the citizens of Atlantic Beach, • Recommend a calendar of special events, • Evaluate and advise the City on the effectiveness of programs, • Evaluate and make recommendations on assignments or requests made by the City Commission or City Manager, and • Evaluate and make recommendations to the City commission on requests for City funding for special events, art projects, and recreation programs. Board Member Review Committee Meets in City Hall, 800 Seminole Road, at 5:00 pm usually on a Thursday (when needed). This committee consists of six (6) members. The committee reviews applications and makes recommendations for the appointment and reappointment of members to the city’s Boards and Committees. “CONFLICT OF INTEREST” NOTICE: “Part III of Chapter 112, Fla.Stat., is the Code of Ethics for Public Officers and Employees. This Code defines “conflict” or “conflict of interest” to mean a situation in which regard for a private interest tends to lead to disregard of a public duty or interest. Fla.Stat. §112.312(8). The intent of this Code, in part, is that public office not be used for private gain. Fla.Stat. §112.311(1). A “conflict” or “conflict of interest” is something that would result in a special private gain to an individual, usually a special financial benefit. An appointed member of a committee of the City of Atlantic Beach will most likely be subject to the provisions of the State Code of Ethics. Disclosure of any “conflict” or “conflict of interest” should be made as soon as possible in the appointment process. While it may be difficult to anticipate conflicts or conflicts of interest that may arise during future committee meetings, which should be disclosed immediately by any committee member, those known or anticipated initially, including those which others might perceive as a conflict or conflict of interest, should be disclosed during the appointment process.”