Item 8A- Discussion on Special MagistratesCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Discussion on Special Magistrates
SUBMITTED BY: Donna L. Bmile, City Clerk JJriJ
DATE: November 1, 2016
STRATEGIC PLAN LINK: None
AGENDA ITEM SA
NOVEMBER 14, 2016
BACKGROUND: Mayor Reeves requested to have this topic on the November 14, 2016
Commission meeting agenda for discussion only and to include the following information in the
packet.
• Dangerous Dog Code
• Contract with Jeb Branham, Esquire, Special Magistrate for Dangerous Dog Cases
• Code Enforcement Board and Nuisance Control Board Code
• Contract with Suzanne Green, P.A. Prosecuting Attorney for the Code Enforcement Board
• Code Section 9-4
• City ofNeptune Beach's Special Magistrate Ordinance
• City of Jacksonville Beach's Special Magistrate Ordinance.
BUDGET: None.
RECOMMENDATION: Discuss the topic and provide guidance to staff.
ATTACHMENTS: As listed above.
REVIEWEDBYCITYMANAGER: ----?1 , (/~ ~/
Atlantic Beach, FL Code of Ordinances Page 1 of 8
Sec. 4-9.-Injuries caused by animals.
(a) If an animal is off of the property of its owner or of the property of the person who has
custody of the animal and the animal attacks and injures any person or other animal/ the
owner or person in custody of the animal shall be guilty of a violation of this article.
(b) Violations of this section are punishable by a fine of five hundred dollars ($500.00).
(Ord. No. 95-13-1061 § 11 7-8-13)
State Law reference-Similar provisions/ F.S. §§ 767.10-767.16.
Sec. 4-1 0. -Dangerous dogs.
(a) Dangerous dogmeans any dog that according to the records of the appropriate authority:
(1) Has aggressively bitten/ attacked/ endangered or has inflicted severe injury on a human
being on public or private property;
(2) Has severely injured or killed a domestic animal while off the owner's property;
(3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for
dog fighting; or
(4) Has/ when unprovoked/ chased or approached a person upon the streets/ sidewalks/ or
any public grounds in a menacing fashion or apparent attitude of attack/ provided that
such actions are attested to in a sworn statement by one (1) or more persons and
dutifully investigated by the appropriate authority.
(b) Unprovoked means that the victim who has been conducting himself or herself peacefully
and lawfully has been bitten or chased in a menacing fashion or attacked by a dog.
(c) Severe injurymeans any physical injury those results in broken bones/ multiple bites/ or
disfiguring lacerations requiring sutures or reconstructive surgery.
(d) Proper enclosure of a dangerous dog means that the dog is securely and humanely confined
on the owner's property within a house/ building/ locked pen or other enclosure that is
designed to prevent the dangerous dog from escaping over/ under or through the enclosure
(the "primary" enclosure). If the dog is maintained outside/ then a portion of the owner's
property must be fenced with a secured perimeter fence of sufficient height and strength to
prevent entry by the public and to prevent the dog's escape from the owner's property if the
dog escapes from the primary enclosure. Within the perimeter fence/ the dog must be
humanely confined inside a primary enclosure consisting of a locked pen/ kennel or other
structure of adequate size that provides protection from the elements. The primary enclosure
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must have secure sides that are securely set into the ground or into a concrete pad, and it
must have a secure top attached to all sides. The primary enclosure must be locked at all
times when the dog is unattended by either the owner or a competent custodian eighteen
(18) years of age or older. It is not considered a proper enclosure to simply chain, tether or
otherwise tie a dog to an inanimate object, such as a tree or post, inside a perimeter fence.
(e) Animal control authority means an entity acting alone or in concert with other local
governmental units and authorized by them to enforce the animal control laws of the city,
county or state. In those areas not served by an animal control authority, the sheriff shall
carry out the duties of the animal control authority under this act.
(f) Animal control officer means any individual employed, contracted with, or appointed by the
animal control authority for the purpose of aiding in the enforcement of this act or any other
law or ordinance relating to the licensure of animals, control of animals, or seizure and
impoundment of animals and includes any state or local law enforcement officer or other
employee whose duties in whole or in part include assignments that involve the seizure and
impoundment of any animal.
(g) Ownermeans any person, firm, corporation or organization possessing, harboring, keeping
or having control or custody of an animal or, if the animal is owned by a person under the
age of eighteen (18), that person's parent or guardian.
(Ord. No. 95-13-106, § 1, 7-8-13)
State Law reference-Similar provisions, F.S. §§ 767.10-767.16.
Sec. 4-11.-Classification of dogs as dangerous; certification of registration; notice and hearing
requirements; confinement of animal; exemption; appeals; unlawful acts.
(a) (1) An animal control authority shall investigate reported incidents involving any dog that
may be dangerous and shall, if possible, interview the owner and require a sworn
affidavit from any person, including any animal control officer or enforcement officer,
desiring to have a dog classified as dangerous. Any animal that is the subject of a
dangerous dog investigation may be impounded with the animal control authority. If the
subject dog is not impounded, it shall be humanely and safely confined by the owner in a
securely fenced or enclosed area pending the outcome of the investigation and
resolution of any hearings related to the dangerous dog classification. If the dog is within
a private residence and the occupant of the residence or the owner of the suspected
dangerous dog refuses to surrender it after a request by a LEO or ACO the animal control
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authority may obtain, from a court of competent jurisdiction, a warrant to seize the dog.
Failure to surrender the dog upon request of the animal control officer is a violation of
this section subject to a five hundred dollar ($500.00) fine and/or any applicable criminal
penalty defined in state law. The address of where the animal resides shall be provided
to the animal control authority. No dog that is the subject of a dangerous dog
investigation may be relocated or ownership transferred pending the outcome of an
investigation or any hearings related to the determination of a dangerous dog
classification. In the event that a dog is to be destroyed, the dog shall not be relocated or
ownership transferred.
(2) A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a
person who, at the time, was unlawfully on the property or, while lawfully on the
property, was tormenting, abusing, or assaulting the dog or its owner or a family
member. No dog may be declared dangerous if the dog was protecting or defending a
human being within the immediate vicinity of the dog from an unjustified attack or
assault.
(3) After the investigation, the animal control authority shall make an initial determination
as to whether there is sufficient cause to classify the dog as dangerous and shall afford
the owner an opportunity for a hearing prior to making a final determination. The animal
control authority shall provide written notification of the sufficient cause finding, to the
owner, by registered mail, certified hand delivery, or service in conformance with the
provisions of chapter 48 relating to service of process. The owner may file a written
request for a hearing within seven (7) calendar days from the date of receipt of the
notification of the sufficient cause finding and, if requested, the hearing shall be held as
soon as possible, but not more than twenty-one (21) calendar days and no sooner than
five (5) days after receipt of the request from the owner. Each applicable local governing
authority shall establish hearing procedures that conform to this paragraph.
(4) Once a dog is classified as a dangerous dog, the animal control authority shall provide
written notification to the owner by registered mail, certified hand delivery or service,
and the owner may file a written request for a hearing in the county court to appeal the
classification within ten (1 0) business days after receipt of a written determination of
dangerous dog classification and must confine the dog in a securely fenced or enclosed
area pending a resolution of the appeal. Each applicable local governing authority must
establish appeal procedures that conform to this paragraph.
(5) The owner of the dangerous dog shall be responsible for payment of all boarding fees if
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their dog has been impounded during the investigation, hearing or any appeal.
(b) Within fourteen (14) days after the dog has been classified as dangerous by the animal
control authority or a dangerous dog classification is upheld by the county court on appeal,
the owner of the dog must obtain a certificate of registration for the dog from the animal
control authority serving the area in which he or she resides, that shall include at a minimum,
the following information: name, address and telephone number of the dog's owners; the
address where the dog is harbored if different from the owner's address; a complete
identification of the dog including sex, color and any distinguishing physical characteristics, a
color photograph of the dog. The certificate shall be renewed annually. The annual cost for
such certificate of registration shall be one hundred dollars ($1 00.00). Animal control
authorities are authorized to issue such certificates of registration, and renewals thereof, only
to persons who are at least eighteen (18) years of age and who present to the animal control
authority sufficient evidence of:
(1) A current certificate of rabies vaccination for the dog.
(2) A proper enclosure to confine a dangerous dog as defined in subsection 4-1 O(d) and the
posting of the premises with a clearly visible warning sign at all entry points that informs
both children and adults of the presence of a dangerous dog on the property.
(3) Permanent identification of the dog, such as an electronic radio frequency identification
device (RFID) implantation (microchip).
(4) Liability insurance in the amount of at least three hundred thousand dollars
($300,000.00), or a surety bond on said dog of at least three hundred thousand dollars
($300,000.00), which bond shall obligate the owners of any such dog to pay to the City of
Atlantic Beach and to any person injured by such dog any damages and expenses
incurred as a result of the conduct of such dog or its owners.
(5) The owner is responsible for payment of all boarding fees during the time it takes to
complete these requirements. If the owner does not comply with all requirements of this
subsection (b) within fourteen (14) days of the final case disposition, ownership reverts to
the city and the dog shall be euthanized in an expeditious and humane manner. Notice of
the potential humane destruction of the animal for failure to comply shall be included in
the notice of final ruling on the dangerous dog.
(6) Proof that the dog has been surgically sterilized by a veterinarian.
(7) Dogs declared dangerous shall not be allowed in any off-leash dog park within the City of
Atlantic Beach.
(8)
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A dangerous dog declaration is permanent and may never be removed from the dog
once the determination has been finalized and the time for all appeals has passed or the
declaration has been affirmed on appeal.
In the event the owner elects to submit proof of the required liability insurance rather
than a surety bond, then in that event the owner must also submit proof that the owner
has notified its liability insurance company, in writing, that the owner's dog has been
classified as dangerous, together with written prooffrom the insurance company that it
has been so notified and that there are no exceptions or exclusions in the insurance
policy for dog bites or dangerous dogs.
(c) The owner shall immediately notify the appropriate animal control authority when a dog that
has been classified as dangerous:
(1) Is loose or unconfined.
(2) Has bitten a human being or attacked another animal.
(3) Is sold, given away, or dies.
(4) Is moved to another address.
Prior to a dangerous dog being sold or given away, the owner shall provide the name,
address, and telephone number of the new owner to the animal control authority. The
new owner must comply with all of the requirements of this act and implementing local
ordinances, even if the animal is moved from one (1) local jurisdiction to another within
the state. The animal control officer must be notified by the owner of a dog classified as
dangerous that the dog is in his or her jurisdiction.
(d) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper
enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under
control of a competent person. The muzzle must be made in a manner that will not cause
injury to the dog or interfere with its vision or respiration but will prevent it from biting any
person or animal. The owner may exercise the dog in a securely fenced or enclosed area that
does not have a top, without a muzzle or leash, if the dog remains within his or her sight and
only members of the immediate household or persons eighteen (18) years of age or older are
allowed in the enclosure when the dog is present. When being transported, such dogs must
be safely and securely restrained within a vehicle. No dangerous dog shall be chained,
tethered or otherwise tied to any inanimate object, such as a tree, post or building that is
outside its proper enclosure.
(e)
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Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or
training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience
trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt
from the provisions of this act when engaged in any legal procedures. However, such dogs at
all other times in all other respects shall be subject to this and local laws. Dogs that have
been classified as dangerous shall not be used for hunting purposes
(f) This section does not apply to dogs used by law enforcement officials for law enforcement
work.
(g) Any person who violates any provision of this section is guilty of a noncriminal infraction,
punishable by a fine of five hundred dollars ($500.00).
(h) After a determination by the city that a dog is a dangerous dog, regardless of whether the
owner has requested a hearing before the special magistrate or has filed an appeal to the
county court, if the owner fails to comply with the requirements of this chapter after proper
notice has been given, then the dog shall be impounded by the city and held pending final
determination by the special magistrate and subsequent appeal, if any, to the county court.
(Ord. No. 95-13-1 06, § 1, 7-8-13)
Sec. 4-12.-Attack or bite by dangerous dog; penalties; confiscation; destruction.
(a) If a dog that has previously been declared dangerous attacks or bites a person or a domestic
animal without provocation, the owner is guilty of a misdemeanor of the first degree,
punishable as provided in F.S. § 775.082 or 775.083. In addition, the dangerous dog shall be
immediately confiscated by an animal control authority, placed in quarantine, if necessary,
for the proper length of time, or impounded and held for ten (1 0) business days after the
owner is given written notification under F.S. § 767.12, and thereafter destroyed in an
expeditious and humane manner. This ten-day time period shall allow the owner to request a
hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs
and other fees as may be required to humanely and safely keep the animal during any appeal
procedure.
(b) If a dog that has not been declared dangerous attacks and causes severe injury to or death of
any human, the dog shall be immediately confiscated by an animal control authority, placed
in quarantine, if necessary, for the proper length of time or held for ten (1 0) business days
after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in
an expeditious and humane manner. This ten-day period shall allow the owner to request a
hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs
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and other fees as may be required to humanely and safely keep the animal during any appeal
procedure. In addition, if the owner of the dog had prior knowledge of the dog's dangerous
propensities, yet demonstrated a reckless disregard for such propensities under the
circumstances, the owner of the dog is guilty of a misdemeanor of the second degree,
punishable as provided in F.S. §§ 775.082 or 775.083.
(c) If a dog that has previously been declared dangerous attacks and causes severe injury to or
death of any human, the owner is guilty of a felony of the third degree, punishable as
provided in F.S. §§ 775.082, 775.083, or 775.084. In addition, the dog shall be immediately
confiscated by an animal control authority, placed in quarantine, if necessary, for the proper
length of time or held for ten (1 0) business days after the owner is given written notification
under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This
ten-day time period shall allow the owner to request a hearing under F.S. § 767.12. The owner
shall be responsible for payment of all boarding costs and other fees as may be required to
humanely and safely keep the animal during any appeal procedure.
(d) If the owner files a written appeal under F.S. § 767.12 or this section, the dog must be held
and may not be destroyed while the appeal is pending.
(e) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal
activity at the time of the attack, the owner is not guilty of any crime specified under this
section.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-13.-Bite by a police or service dog; exemption from quarantine.
Any dog that is owned, or the service of which is employed, by a law enforcement agency, or
any dog that is used as a service dog for blind, hearing impaired, or disabled persons, and that
bites another animal or human is exempt from any quarantine requirement following such bite if
the dog has a current rabies vaccination that was administered by a licensed veterinarian.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-14.-Severe injury by dog; impoundment; destruction.
Whether or not a dog has been previously classified as a dangerous dog, if a dog attacks a
human, causing severe injury to or the death of the human, then an animal control officer shall be
authorized to immediately impound the dog, placing it in quarantine, or otherwise impounding it
for ten (1 0) business days.
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Thereafter, the dangerous dog may be destroyed in an expeditious and humane manner. If,
prior to the ten-day time period, the owner notifies the animal control authority in writing of the
owner's intent to challenge animal control authority's decision to destroy the dog, the animal
control authority shall continue to impound the dog so long as the owner either posts bond, or
pays by certified check payable to the city the estimated costs associated with impounding the
dog, as estimated by the animal control authority. To appeal the animal control authority's final
decision, the owner must file a written request for a hearing in the county court within ten (1 0)
business days after the animal control authority's final written decision to destroy the dog. The
owner shall be responsible for payment of all boarding costs, medical costs and other fees and
charges associated with the animal control maintaining the dog, regardless of the outcome of any
proceeding.
Exceptions: This section shall not apply to police dogs, and it shall not apply to incidents when
the human victim was engaging in criminal behavior, or when the human victim provoked and/or
taunted the dog into attacking.
(Ord. No. 95-13-106, § 1, 7-8-13)
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SPECIAL MAGISTRATE
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is entered into this tO +~ 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.
Atlantic Beach, FL Code of Ordinances Page 1 of 14
DIVISION 2.-CODE ENFORCEMENT BOARD£81
Footnotes:
---(B)---
Editor's note-Section 1 ofOrd. No. 5-12-54, adopted jan. 9, 2012, amended Div. 2 in its entirety, in effect repealing§§ 2-141-2-151
and enacting similar new provisions in lieu thereof as§§ 2-141-2-151. Formerly, such provisions derived from Ord. No. 05-10-53, § 1,
adopted Nov. 22, 2010; Ord. No. 5-10-52, § 1, adopted Nov. 22, 2010; Ord. No. 5-05-44, § 1, adopted Sept 2~ 2005; Ord. No. 5-03-42,
§ 1, adopted july 14, 2003,· Ord. No. 5-96-27, § 1, adopted March 25, 199~· Ord. No. 95-85-2~ adopted Feb. 25, 1985,· Ord. No. 95-81-
22, § 1, adopted Feb. 9, 1981; and Ord. No. 95-80-21, § 2, 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 testim0ny 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.
(1 0) 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 ofthe
initial order of the board. Any such rehearing shall be filed within ten (1 0) 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 (1 0) 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)
Sees. 2-152-2-160.-Reserved.
DIVISION 3.-NUISANCE CONTROL BOARD[9l
Footnotes:
---(9)---
Editor's note-Ord. No. 95-89-40, §§ 1-9, adopted june 12, 1989, did not specifically amend the Code; therefore, inclusion as§§
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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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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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)
Sees. 2-170-2-225. -Reserved.
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EMPLOYMENT CONTRACT
THIS AGREEMENT is made this J..1-M day ofMay, 1998, by and between the
parties, Suzanne Wonall 9reen, P.A., Code Enforcement Attorney (hereinafter refened to as
"Attorney" and the City of Atlantic Beach (hereinafter refened to as "Atlantic Beach").
WITNESSETH:
WHEREAS, Suzanne Wonall 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 Won·all 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 patiies, 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
YJ1a )I ,;{ 1 J I 9,9£ · , 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 (1 01h) day of each month. In return for said payment, the Attorney shall perform all
' f
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
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
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 ofF.S. 162 shall be amended as follows;
Sec. 2-437.-Implementation ofF.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 Special Magistrate with a 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 any designated employee or agent of the
ef.ty 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
definitions;
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 city. Appointments 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 Special Magistrate shall be made for a term of one (1) year, with the Mayor reserving
the right to terminate the term prior to its natural end, in writing, with no less than thirty
(30) days notice. Such tennination shall be confirmed by resolution of the city council.
The term may be extended upon resolution of the city council for a tenn 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 tenn 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.
--...1.(3=-.)t-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.
(4) The city manager or his designee attorney shall represent the citypresenting cases before the
board. :The city attorney shall either be counsel to the enforcement board or shall repres~ilt the city;
--
presenting cases before the board; but in no case shall the city attomey serve in both capacities.!
--1.-(4'-"~'--.1---)_Two (2) alternate members shall be appointed by the mayor, and they shall be confinned 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 terms.
---"'(5"-6"""'),_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.
(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, tln·ough 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 conected
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 ineversible in nature, the code
enforcement officer shall make a reasonable effmt 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 conect 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 section2-276, 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 '.vritten notice signed 13y 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 Special Magistrate 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 city's code enforcement officer, the city attorney or by a member of the police
department or by a member ofthe administrative staff of the city council.
(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 fi·om 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 finding§ 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 department 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 code enforcement officer 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 shallbe 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
($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 finds 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.
Sees. 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 Haniet Pruette
Vice Mayor Kara Tucker
Councilor Richard Atihur
Councilor John Jolly
Councilor Eric Pardee
Yes
Yes
Yes
Yes
Yes
Passed on First Reading this 1ih day of September, 2011.
VOTE RESULTS OF SECOND AND FINAL READING:
Mayor Haniet Pruette
Vice Mayor Kara Tucker
Councilor Richard Atihur
Councilor John Jolly
Councilor Eric Pardee
Yes
Yes
Yes
Yes
Yes
Passed on Second and Final Reading this l01h day of October, 2011.
ATTEST:
Lisa Volpe, CMC
City Clerk
Approved as to form and contents
Patrick Krechowski, City Attorney
Hmriet Pruette
Mayor
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 Atiicle 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 miicle 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 miicle shall
have the definitions provided under Chapter 162, Florida Statutes.
Ordinance No. 2007-7937 Page 1 of9
(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 refened 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 of9
(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 ojviolators; 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 paliicularly 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 or posting as provided Section 162.12, Florida Statutes. If the
violation is conected 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 conected
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 conect 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 conected prior to the hearing and the notice shall so state. If the
repeat violation has been conected, 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 of9
(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
in·eparable or ineversible in nature, the code inspector shall make a
reasonable effort to notify the propetiy owner and/or violator, and may
immediately notify the special magistrate and request a hearing.
(e) If the owner of propetiy that is subject to an enforcement proceeding
before an enforcement board, special magistrate, or comi 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 prope1iy,
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)(l) through
( e )(3) before the transfer creates a rebuttable presumption of fraud. If the
propetiy 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 attomey.
Ordinance No. 2007-7937 Page 4 of9
(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 thitiy (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
cetiified 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 propetiy.
The findings therein shall be binding upon the violator and, if the violation
concerns real propetiy, 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 (1 0) 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. Adve1iising
(2) Chapter 5. Animals and Fowl, A1iicle I. In General
(3) Chapter 6. Beaches and Bulkheads, A1iicle I. In General.
( 4) Chapter 7. Buildings and Building Regulations.
(5) Chapter 14. Junked, Abandoned Property.
Ordinance No. 2007-7937 Page 5 of9
( 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. 2-17 4. 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 of9
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
prope1ty that is a homestead under Section 4, Aliicle X of the State
Constitution. The money judgment provisions of this section shall not
apply to real or personal propeliy that is covered under Section 4(a),
A1ticle X ofthe State Constitution.
Sec. 2-175. Duration of lien.
No lien provided under this mticle shall continue for a period longer than twenty
(20) years after the celiified 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 couli
of competent jurisdiction, In an action to foreclose on a lien, the prevailing paliy
is entitled to recover all costs, including a reasonable attomey'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 patty, including the city, may appeal a final administrative order of
the special magistrate to the circuit comt. 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 thiliy (30) days of the
execution of the order to be appealed.
Sec. 2-177. Notices.
(1) All notices required by this pmt 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 prope1ty 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 of9
(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 adve1tisements.
(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 prope1ty 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 concunently 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 of9
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 comi 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 pmiions 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 0. Sharp, MAYOR
Heidi Reagan, CITY CLERK
Ordinance No. 2007-7937 Page 9 of9