HomeMy WebLinkAbout03-011ORDINANCE NO. 03-11
AN ORDINANCE AMENDIN6 ARTICLE ITT CODE
ENFORCEMENT BOARD OF CHAPTER 1-2
ADMINISTRATION OF THE CODE OF ORDINANCES
PROVIDING FOR FILTNG WITH THE DEPARTMENT OF
STATE; PROVIDING FOR AN EFFECTIVE DATE;
PROVTDING FOR ADOPTION; AND PROVIDING FOR
COD TFICA TI ON .
WHEREAS, the Board of County Commissioners of St. Lucia County, Florida, has made
the following determinations:
Florida Statutes The Florida Legislature has amended Chapter Z62 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. Lucia County, Florida, to be consistent with
Ch pt on o~o , ...... ~ ='--:~- FI id
a er..-~w,~ ..... , , ......162, or a Statutes.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of~
St. Lucia County, Florida. c:,
PART A. AMENDMENT OF AR~CLE Ill CODE ENFORCEMENT BOARD OF~ z
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CHAPTER 1-2 ADMZNZSTRA~ON c.~~°'" m~r-
Article III Code Enforcement goa~d of Chapter 1-2 ~dminist~ation of the Code of~;
Ordinances of St. Lucia County, Florida is hereby amended as follows:
Section 1-2-20. Definitions.
Code enforcement administrator shall mean that individual designated as such by the
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Code inspector shall mean any authorized agent or employee of St. Lucia County whose
duty it is to ensure code compliance.
Enforcement board shall mean the St. Lucia County Code Enforcement Board.
,',~ k~ 7 .... r ..................... Repeat violation means a violation o a provision o a code
or ordinance by a person who has been previously found through a code enforcement board
or any other quasi-judicial or judicial process, to have violated or who has admitted violating
the same provision within 5 years prior to the violation, notwithstanding the violations occur
at different locations.
,Section 1-2-2s_. Organization.
(a) Composition; qualification of members. The Board of County Commissioners shall
appoint, by resolution, a seven-member code enforcement board. The Board of County
Commissioners may appoint up to two (2)alternate members to serve on the enforcement
board in the absence of enforcement board members. Members or alternate members of
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the enforcement board shall be residents of St. Lucia County. Appointments shall be made
in accordance with applicable laws and ordinances, on the basis of experience and interest in
the fields of zoning and building control. The membership of the enforcement board shall,
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whenever possible, include an architect, a businessman, an engineer, a general contractor, o
subcontractor, and o realtor.
(b) Appointment of members; terms; vacancies; failure to attend meetings. The initial
appointments to the enforcement board shall be as follows:
(1)
Two (2) members shall be appointed for terms of one (1) year.
(2)
Three (3) members shall be appointed for terms of two (2) years.
(3)
Two (2) members shall be appointed for terms of three (3) years.
Thereafter, oll appointments shall be made for terms of three (3) years. Each one (1) of
the five (5) county commissioners shall individually appoint one (1) member of the
enforcement board. The Board of County Commissioners shall collectively appoint the other
two (2) members of the enforcement board. Enforcement board members collectively
appointed by the Board of County Commissioner shall not serve more than two (2) consecutive
full three-year terms. Enforcement board members individually appointed by one (1) county
commissioner may serve more than two (?) consecutive terms. However, when a county
commissioner leaves office, his successor may replace the member appointed by his
predecessor with on individual of his ·
choosing ~,,,v ....... ~f who shall complete the unexpired
term of the replaced member. '~- ty .... :--: .....,-_, ,_,___: ..... ~_,~__ A
.... c~un ~v,,,,, ............. ~ ........,, .............. tv reappoint
....... :--~ ~ ....~ ~'- ....'---~ ---'--- At the completion of the unexpired term, the
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county commissioner shall determine whether to reappoint the individual or replace him with
another individual of his choosing. If the Board of County Commissioners determines that
alternate members ore necessary to the proper functioning of the enforcement board the
Board of County Commissioners shall collectively appoint one or two alternate members who
shall not serve more than two (2) consecutive full three-year terms. [f two alternate
members are appointed, service on the enforcement board shall be alternated between the
two as needed.
Appointments to fill any vacancy on the enforcement board shall be for the remainder
of the unexpired term of office. ~Zf 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. Any member of the
enforcement board may be removed for cause by the Board of County Commissioners at any
time, provided however, that before such removal such member shall be provided written
charges and given an opportunity to appear in his defense at a public meeting. Upon removal
of a member or vacancy created upon a member's resignation or declaration of the
enforcement board, the Board of County Commissioners shall promptly fill the vacancy if the
member was one (1) of the two (2) appointed collectively by the Board of County
Commissioners. ]:f the member was individually appointed by one (t) county commissioner, that
commissioner shall promptly fill the vacancy.
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(c) The members of the 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 the 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 Board of County Commissioners.
(d) The attorney for the Board of County Commissioners shall present cases before
the enforcement board. Private counsel shall be retained to represent the enforcement
board.
Section 1-2-22. Enforcement procedure.
(a) It shall be the duty of the code inspector to initiate enforcement proceedings of
the various codes. No member of the enforcement board shall have the power to initiate such
enforcement proceedings.
(-d-) (b) Except as provided in subsections (c) and (d),if a violation of the codes is
found, the code inspector 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 inspector shall notify the code enforcement ~dministrotor board and request o hearing.
The code enforcement board, through its clerical staff, shall schedule a hearing, and written
notice of such hearing shall be hand delivered or mailed as provided in section 1-2-27.2 of
this code to said violator. At the option of the enforcement board, notice may additionally be
served by publication or posting as provided in section 1-2-27.;>. If the violation is corrected
and then recurs, or if the violation is not corrected by the time specified for correction by
the code inspector, the case may be presented to the enforcement board even if the violation
has been corrected prior to the board hearing, and the notice shall so state.
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(c) :]:f the code inspector has reason to believe a violation or the condition causing the
violation presents a serious threat to the public health, safety, and welfare, or if the violation
is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to
notify the violator and may immediately notify the enforcement board and request a hearing.
(d) Tf 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 code enforcement
~dr,,inistr~tor board and request a hearing. The enforcement board, through its clerical staff
shall schedule a hearing and shall provide notice to said violator pursuant to Section 1-?-27.2
of this code. The case may be presented to the enforcement board even if the repeat
violation has been corrected prior to the board hearing, and the notice shall so state. :l:f the
repeat violation has been corrected, the enforcement board retains the right to schedule a
hearing to determine costs and impose the payment of reasonable enforcement fees upon the
repeat violator. The repeat violator may choose to waive his rights to this hearing and pay
said costs as determined by the enforcement board.
(e) :l:f the owner of property which is subject to an enforcement proceeding before
an enforcement board, special master, or court transfers ownership of such property
between the time the initial pleading was served and the time of the hearing, such owner
shall:
(1) Disclose, in writing, the existence and the nature of the proceeding to the
prospective trans,:area.
(?) Deliver to the prospective transferee a copy of the pleadings, notices, and
other materials relating to the code enforcement proceeding received by the transferor.
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(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 enforcement official of the transfer of the
property, with the identity and address of the new owner and copies of the disclosures made
to the new owner, within 5 days after the date of the transfer.
A failure to make the disclosures as provided in paragraphs C(1), (:~), and (3) before the
transfer creates o refutable presumption of fraud. If the property is transferred before
the hearing, the proceeding shall not be dismissed, but the new owner shall be provided o
reasonable period of time to correct the violation before th~ h~oring is held.
5~ctio. l-~-~. Colli.~ o.d co.duct of h~ori.gs.
(~) Upon th~ request of the code inspector, or ot such other times os may be necessary,
th~ chairman of the enforcement board may call h~orings of the enforcement board. H~orings
may olso be coiled by ~ritten notice signed by ot least three (~) members of the enforcement
board. ~t any hearing, the enforcement board may set ~ future hearing dot~. The
enforcement board shall attempt to convene no less frequently than once every two (~)
months, but it moy meet more or less often ~s the demand necessitates. Minutes shall be kept
of oll h~orings by the enforcement board, and ~11 he~rings and proceedings shall be open to
the public. The Board of County Commissioners shall provide clerical and administrative
personnel os may be reasonably required by the enforcement board for the proper
p~rformance of its duties.
(b) Each cose before the enforcement bo~rd shall be presented by th~ code ~nforcement
odministrotor or his or her oppointee. If the code enforcement administrator's appointee
prevails in prosecuting o case befor~ the enforcement board, the Board of County
Commissioners shall be entitled to recover ~11 costs incurred in prosecuting the case before
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the enforcement boord ond such costs moy be included in the lien outhorized under Section
1.2-25 of this code.
(c) The enforcement boord sholl proceed to heor oil the coses on the ogendo for thor doy.
All testimony sholl be under ooth and sholl be recorded. The enforcement boord sholl toke
testimony from the code inspector ond olleged violotor. Formol rules of evidence sholl not
opply, but fundomentol due process sholl be observed ond sholl govern the proceedings.
(d) At the conclusion of the heoring, the enforcement boord sholl issue findings of
foct, hosed on evidence of record ond conclusions of Iow, ond sholl issue on order offording
the proper relief consistent with powers gronted herein. The finding sholl be by motion
opproved by o mojority of those members present ond voting, except thor ot leost four (4)
members of the enforcement boord must vote for on oction to be officiol. The order moy
include o notice thor it must be complied with by o specified dote, and thor o fine moy be
imposed, ond, under the conditions specified in Section 1-2-2.5 of this Code, the cost of
repoirs moy be included olon9 with the fine if the order is not complied with by soid dote. A
certified copy of such order moy be recorded in the public records of the County ond sholl
constitute notice to ony subsequent purchosers, successors in interest, or ossigns if the
violotion concerns reol property, ond the findings therein sholl be binding upon the violotor
ond, if the violotion concerns reol property, ony subsequent purchosers, successors in interest
or ossigns. If on order is recorded in the public records pursuont to this subsection ond the
order is complied with by the dote specified in the order, the enforcement boord sholl issue
on order ocknowledging complionce thor sholl be recorded in the public records. A heoring
is not required to issue such on order ocknowledging complionce.
Section 1 - 2- 24. Powers.
(o) Adopt rules for the conduct of its heorings.
(b) 5ubpoeno olleged violotors ond witnesses to its heorings. 5ubpoenos sholl be
served by the sheriff of St. Lucie County.
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(c) Subpoena evidence to its hearings.
(d) Take testimony under oath.
(e) Issue orders having the force of law to command whatever steps are necessary
to bring a violation into compliance·
Section :1-2-25. Penalty for failure to comply with order.
(a) The enforcement board, upon notification by the code inspector that a previous
order of the enforcement board has not been complied with by the set time or, upon finding
that a repeat violation has been committed, may order the violator to pay a fine in an amount
specified in this section for each day the violation continues past the date set by the
enforcement board for compliance or in the case of a repeat violation, for each day the
repeat violation continues Dae~ beginning with the date the repeat violation is found to have
occurred the code ins actor ...... ~,~., ............... ~ ...., .... rs cat ...........In
addition, if the violation is a violation described in Section 1-2-22(c) of this Code, the
enforcement board shall notify the Board of County Commissioners, which may make all
reasonable repairs which are required to bring the property into compliance and charge the
violator with the reasonable cost of the repairs along with the fine imposed pursuant to this
section. Making such repairs does not create a continuing obligation on the port of the Board
of County Commissioners to make further repairs or to maintain the property and does not
create any liability against the Board of County Commissioners for any damages to the
property if such repairs were completed in good faith· If a finding of a violation or a repeat
violation has been made as provided in this part, a hearing shall not be necessary for issuance
of the order imposing the fine. If, after due notice and hearing, an enforcement board finds
a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine
as specified in paragraph (b)(1) below·
(b) Amount of Fines
(1) A fine imposed pursuant to this section shall not exceed two hundred fifty and
00/100 dollars ($250.00) per day for a first violation and shall not exceed five hundred and
00/100 dollars ($500.00) per day for a repeat violation, and in addition, may include all costs
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of repairs pursuant to subsection 1-2.25(a). However, if the enforcement board finds the
violation to be irreparable or irreversible in nature, it may impose o fine not to exceed five
thousand and 00/100 dollars ($5,000) per violation.
(2) In determining the amount of the fine, if any, the enforcement board shall
consider the following factors:
o. The gravity of the violation;
b. Any actions taken by the violator to correct the violation; and
c. Any previous violations committed by the violator.
(3) An The enforcement board may reduce a fine imposed pursuant to this section.
(c) A certified copy of an order imposing a fine or a fine plus repair costs may be
recorded in the public records and thereafter shall constitute a lien against the land on which
the violation exists and upon any other real or personal property owned by the violator. Upon
petition to the circuit court, such order mc,¥' shall be enforceable in the same manner as a
court judgment by the sheriffs of the 5tote of Florida, including execution and levy against
the personal property of the violator, but such order shall not be deemed to be a court
judgment except for enforcement purposes. A fine imposed pursuant to this article 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. After
three (3) months from the filing of any such lien which remains unpaid, the enforcement
board may authorize the county attorney to foreclose on the lien or to sue to recover a money
judgment for the amount of the lien plus accrued interest. No lien created pursuant to the
provisions of this article may be foreclosed on real property which is a homestead under
Section 4, Article X of the 5+ate Florida Constitution. The money judgment provisions 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.
Section 1-2-76. Duration of lien.
No lien provided by this article shall continue for a period longer than twenty (?0) years
after the certified copy of an order imposing a fine has been recorded, unless within that
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,v ,v, ~,v ......... c lien is commenced pursuant to Section 1-?-?§ in ~ cou~t
of competent juNsdiction. In ~n ~ction to foreclose on ~ li~n o~ fo~ ~ money judgment, the
p~ewilin9 p~ty is ~ntitled to ~ecove~ ~11 costs, includin9 ~ ~son~ble ~tto~ney's fe~. th~ it
incurs in the f~r~d~ur~ ~ction. Th~ Bo~d of County Commissioners sh~ll b~ ~ntitl~d to
coll~ct ~11 costs incurred in ~co~din~ ~nd s~tisfyin~ ~ v~lid li~n. Th~ continuation of th~ li~n
effected by the commencement of the ~ction shall not be good ~gainst creditors or
subsequent purchasers fo~ valuable consideration without notice, unless a notice of lis
pendens is recoeded.
Section ~ - 2- 27. ~ Appeals
An ~99~ieved p~ty, including the Boa~d of County Commissioners, may appeal a final
administrative o~de~ of the enforcement bo~d to the circuit cou~t. Such appeal sh~ll not be
a he~in9 de nova, but shall be limited to ~ppellate ~eview of the ~eco~d c~e~ted before the
enforcement bo~d. An appeal sh~ll be filed within thirty (30) days of the execution of the
o~de~ to be appealed.
5action ~-2-27.2. Notice
~1 I II I~ II1~111 I ~1 II ~ I ~U~I~Ui g~ II~IIU U~IIV~I ~ II1~ ~11~1 II I VI ~111~1
~111 VI ~lll~lll VI J I~1 I ~ II1~1~1 I VI ~111~1 ~1 ~11 U~I~II~I~ g~ II1~ gV~l ~ VI ~MIII ~
~1 ~UII I ~IUIII~ II1~1 ~111 Y~II~ I~ ~U~Y~ I II I~11 ~A~) ~1 ~ UI ~ ~llU IIII VI IIIII1~ ~U~II ~1 ~UII VJ
~ ~" ~ ..... ~ ....F ........ ~ "~?'~ ~ ~? ~ .... ;~ ~ ......... ~, ~? .... G '"~
· .,,, ,,,.~, ..... ,,~,, passages are deleted. Underlined passages are added.
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~'-:~- 5t~t~t~s
~ All notices required by this part shall be provided to the alleged violator by:
(~) Certified mail, return receipt requested, provided if such notice is sent under this
paragraph to the owner of the property in question at the,ddress listed in the tax collector's
office for tax notices, and at ,ny other address provided to the local government by such
owner and is returned as uncldmed or refused, notice may be provided by posting as
described in subparagraphs 1-~-~7.~(~}(b}l and ~ by first class mail directed to the
addresses furnished to the local government with a properly executed proof of mailing or
affidavit confirming the first class ~ailinD; or
(b) Hand delivery by the sheriff or other law enforcement officer, code inspector, or
other person designated by the local governing body; or
(c) Leaving the notice at the violator's usual place of residence with any person residing
therein who is above ~D years of ode and informing such person of the contents of the notice;
o~
(d) Zn the case of commercial premises, leavinD the notice with the manager or other
person in charge.
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C2) In addition to providing notice as set forth in subsection (1), at the option of the
code enforcement board, notice may also be served by publication or posting, as follows:
(a)l. Such notice shall be published once during each week for 4 consecutive weeks
(four publications being sufficient) in a newspaper of general circulation in the County. The
newspaper shall meet such requirements as are prescribed under Chapter 50 Florida Statutes
for legal and official advertisements.
(a)2. Proof of publication shall be made as provided in Sections 50.041 and 50.051
Florida Statutes.
(b)l. In lieu of publication as described in subparagraph 1-2-27.2(2)(a)1, such notice
may be posted at least 10 days prior to the hearing, or prior to the expiration of any deadline
contained in the notice, in at least two locations, one of which shall be the property upon
which the violation is alleged to exist and the other of which shall be, at the front door of
the St. Lucia County Courthouse or the St. Lucia County Administrative Center.
(b)2. Proof of posting shall be by affidavit of the person posting the notice, which
affidavit shall include a copy of the notice posted and the date and places of its posting.
(c)1. Notice by publication or posting may run concurrently with, or may follow, an
attempt or attempts to provide notice by hand delivery or by mail as required under
subsection 1.2-27.2(1).
Evidence that an attempt has been made to hand deliver or mail notice as provided in
subsection 1.2-27.2(1), together with proof of publication or posting as provided in subsection
1-2-27.2(2), shall be sufficient to show that the notice requirements of this part have been
met, without regard to whether or not the alleged violator actually received such notice.
.Section 1-2-27.3 Action for money judgments under this chapter; limitation.
Actions for money judgments under this chapter may only be pursued on fines levied after
October 1, 2000.
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Section 1-2-27.~3~_. Provisions of article supplemental.
Nothing contained in this article shall prohibit the Board of County Commissioners from
enforcing its codes by any other means.
Section 1-2-27,5, Supplemental County Enforcement Procedures
This supplemental procedure for enforcing St. Lucia County's codes is hereby established
pursuant to the provisions of Part TT of Chapter 162, Florida Statutes,.
(A) Enforcement Procedure
1_. A code enforcement officer is authorized to issue o citation to a person when,
based upon personal investigation, the officer has reasonable cause to believe
that the person has committed a civil infraction in violation of a duly enacted
code or ordinance and that the county court will hear the charge.
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. Zf, 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.
A citation issued by a code enforcement officer shall be in a form prescribed
by the County and shall contain:
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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.
c)_. 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 hove waived his or her right to
contest the citation and that, in such case, judgment may be entered
against the person for on amount up to the maximum civil penalty.
Conduct of Hearing
l_. After issuing a citation to an alleged violator, o code enforcement
officer shall deposit the original citation and one copy of the citation
with St. Lucie County Court.
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 o
schedule of violations and penalties to be assessed by code enforcement
officers. If the County chooses to enforce codes or ordinances under
.~,, ~ ........ u,, passages are deleted. Underlined passages are added.
the provisions of this section, each code or ordinance or the ordinance
enacted by the County establishinq 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.
(1:::)) Fines
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 5action 77.5.082 or s. 77.5.083 Florida Statutes.
Notice to Appear
Notwithstanding 5action 34.07 Florida Statutes, a code enforcement
officer, designated pursuant to 5action 1-2-20 of this Code, may issue
a notice to appear at any hearing conducted by a county court if the
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officer, based upon personal investigation, hos 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. Zf 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.
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.
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PART B. CONFL3:CT~NG PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St.
Lucia County, and adopted prior to ~Tanuory l, 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. SEVERABIL3:TV AND APPI~CABTLZ'I'Y.
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 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 b. FTL3:N~ WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed for,hwith to send o certified copy of this ordinance to
,he Bureau of Administro, ive Code, Department of 5,ote, The Capitol, Tallahossee, Florida,
32304.
PART E. EFFECTIVE bATE.
A certified copy of this ordinance shall be filed with the Department of 5tote by the
Clerk of the Board of County Commissioners of St. Lucia 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 12§.66(2), Florida 5tatutes.
PART F. AbOPT~:ON.
After motion end second, the vote on this ordinance was os follows:
CHAIRMAN CLIFF BARNES
VICE-CHAIRMAN PAULA LEWIS
COMMISSIONER DOUGLAS COWARD
AYE
AYE
AYE
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COMMISSIONER FRANNIE HUTCHINSON
COMMISSIONER ,TOHN BRUHN
AYE
AYE
PART G. CODIFICATION.
Provisions of this ordinance shall be incorporoted in the Code of Ordinonces 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
ATTEST:
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Deputy Clerk
· !C~day of ~c~'J,~, zoo3.
BOARD OF COUNTY COMMIS$~.ON~ER$ '.
ST. LUCIE COUNTY, FLORIDA ~' ~:L,~'~,~' ,. .
'.~, ' "-.. '~" APPROVED A.~TO FORM
Coun~ Attorney ~,,
0
0
G: \A TTY\ORDNANCE\2OO3 \O3-II.wpd
.,,, ~ ........ ~,, passages are deleted. Underlined passages are added.
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