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Home My WebLink About08-005 I" fN"'V. I -tv' r W.' 1'> \...(; \....'f . (í C (1Î U: s·-f3·;l"lt , 5h¿nHs oÇtu: «)fß i=',flo...")((. . è.i 0. ~:i óffìœ plk ORDINANCE NO. 08-005 AN ORDINANCE AMENDING ARTICLE III CODE ENFORCEMENT BOARD OF CHAPTER 1-2 ADMINISTRATION, SECTION 1-2- 27.5 (SUPPLEMENTAL COUNTY ENFORCEMENT PROCEDURES) BY ESTABLISHING THE PENAL TV FOR CIVIL CITATIONS; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FORAN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Legislature has amended Chapter 162 Florida Statutes. 2. It is necessary to amend Article III Code Enforcement Board of Chapter 1-2 Administration of the Code of Ordinances of St. Lucie County, Florida, to be consistent with Chapter 162, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida. PART A. AMENDMENT OF SECTION 11.13.03 ENFORCEMENT PROCEDURES FOR CODE ENFORCEMENT BOARD Article III Code Enforcement Board of Chapter 1-2 Administration of the Code of Ordinances of St. Lucie County, Florida, is hereby amended as follows: Section 1-2-20. Definitions. through Section 1-2-27.4 Provisions of article supplemental. - No Changes Section 1-2-27.5. Supplemental County Enforcement Procedures This supplemental procedure for enforcing St. Lucie County's codes is hereby established pursuant to the provisions of Part II of Chapter 162, Florida Statutes. (A) Enforcement Procedure 1. A code enforcement officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of Gtrike tl'lrotlgh passages are deleted Underlined passages are added. Page 1 of 6 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 318923004/03/2008 at 02:21 PM OR BOOK 2957 PAGE 682 - 687 Doc Type: ORDN RECORDING: $52.50 a duly enacted code or ordinance and that the county court will hear the charge. 2. Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. 3. A citation issued by a code enforcement officer shall be in a form prescribed by the County and shall contain: 1. The date and time of issuance. 2. The name and address of the person to whom the citation is issued. 3. The date and time the civil infraction was committed. 4. The facts constituting reasonable cause. 5. The number or section of the code or ordinance violated. 6. The name and authority of the code enforcement officer. 7. The procedure for the person to follow in order to pay the civil penalty or to contest the citation. 8. The applicable civil penalty if the person elects not to contest the citation. 9. The applicable civil penalty if the person elects to contest the citation. 10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (B) Conduct of Hearing 1. After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with St. Lucie County Court. Gtril<c through passages are deleted Underlined passages are added. Page 2 of 6 2. The County is authorized to enforce codes and ordinances under the provisions of this section and may enact an ordinance establishing procedures for the implementation of such provisions, including a schedule of violations and penalties to be assessed by code enforcement officers. If the County chooses to enforce codes or ordinances under the provisions of this section, each code or ordinance or the ordinance enacted by the County establishing procedures for the implementation of this section shall provide: (a) That a violation of a code or an ordinance is a civil infraction. (b) A maximum civil penalty not to exceed $500. (c) A civil penalty of less than the maximum civil penalty if the person who has committed the civil infraction does not contest the citation. (d) For the issuance of a citation by a code enforcement officer who has reasonable cause to believe that a person has committed an act in violation of a code or ordinance. (e) For the contesting of a citation in county court. (f) Such procedures and provisions as are necessary to provide for the enforcement of a code or an ordinance under the provisions of this section. (C) The provisions of this section are additional and supplemental means of enforcing County or ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this section shall prohibit the County from enforcing its codes or ordinances by any other means. (0) Fines and Civil Penalties A The followin~ table sets forth the applicable uncontested civil penalties for a citation issued by Code Enforcement Officer under this article. First Violation $200.00 Second Violation $400.00 Third & Subsequent Violation Court Hearing Mandatory ~ Any person who willing refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 or s. 775.083 Florida Statutes. Gtrike tnrougn passages are deleted Underlined passages are added. Page 3 of 6 (E) Notice to Appear (1) Notwithstanding Section 34.07 Florida Statutes, a code enforcement officer, designated pursuant to Section 1-2-20 of this Code, may issue a notice to appear at any hearing conducted by a county court if the officer, based upon personal investigation, has reasonable cause to believe that the person has violated a code or ordinance. A notice to appear means a written order issued by a code enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time. If a person issued a notice to appear under this section refuses to sign such notice, the code enforcement officer has no authority to arrest such person. (2) Prior to issuing a notice to appear, a code enforcement officer shall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no fewer than 5 days and no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the prescribed time period, a code enforcement officer may issue a notice to appear to the person who has committed the violation. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a notice to appear and may immediately issue a notice to appear if a repeat violation is found, or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare or that the violator is engaged in violations of an itinerant or transient nature, as defined by local code or ordinance within the jurisdiction, or if the violation is irreparable or irreversible. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining Gtrike tl'lrotlgl'l passages are deleted Underlined passages are added. Page 4 of 6 portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect upon receipt of official acknowledgment of filing as provided in Section 125.66(2), Florida Statutes. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: CHAIRMAN JOSEPH E. SMITH AYE VICE-CHAIR PAULA LEWIS AYE COMMISSIONER DOUG COWARD AYE COMMISSIONER CHARLES GRANDE AYE COMMISSIONER CHRIS CRAFT AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through C shall not be codified. PASSED AND DULY ADOPTED this 25th day of March, 2008. Gtrike tnrol:lgn passages are deleted Underlined passages are added. Page 5 of 6 ,\ ! BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE CQUN ,F" R1DA ~d -~~. . "","' " t"/. -'n"~ ,'" .r-~' .t ~ Deputy Clerk ,"~"-/ ,.~- ,,~.:~'\1~\':' rmaA '. l ¡ - T" r \ , ~. '~ ; /\ '1, \» ". '" ,\1 '.: j i ' ~~ROVED ASTO't:pRM AND ~,' ",' 'RRECTNESS: ·i~. ~ . ,(,,~, ~E~'~+ \¡ BY: 1*/ 6l9J County Attorney Stril<e ti'lrougi'l passages are deleted Underlined passages are added. Page 6 of 6