Ordinance 09-1902 ORDINANCE NO.09-1902
AN ORDINANCE OF THE CITY a~F LONGWOOD, FLORIDA,
AMENDING CHAPTER 2, ARTICLE VI, ]DIVISION 2 OF THE CITY OF
LONGWOOD CODE OF ORDINAIVC:El~, TO REPEAL THE CODE
ENFORCEMENT BOARD SYSTE:~VI; CREATE A SPECIAL
MAGISTRATE CODE ENFORCEMENT SYSTEIVI; AND ALLOW A
SPECIAL MAGISTRATE DESIGNATED BY THE CITY COMMISSION
THE AUTHORITY TO HOLD IIEARINGS AND ASSESS FINES
AGAINST CERTAIN VIOLATORS QF ~CI'TY CODES; PROVIDING FOR
SEVERA$ILITY; PROVIDING A RI~PEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DAT1E.
WHEREAS, Chapter 2, Article VI, Division 2 of the Longwood Code of Ordinances
establishes a Code Enforcement Board and procedures for the enforcement of the City Code; and
WHEREAS, the Code Enforcement Board. «~as established pursuant to Chapter 162,
Florida Statutes; and
`.,y,
WHEREAS, Section 162.03, Florida Statutes, ;provides that a local governing body may
appoint special magistrates, who shall have the same: status as enforcement boards under Chapter
162; and
WHEREAS, the City Commission has authority to replace the code enforcement board
system with a new special magistrate code enforcement system for enforcing its City codes; and
WHEREAS, the City has determined that it will be efficient to utilize the special
magistrate code enforcement system for enforcing its C;.ty codes.
NOW THEREFORE BE IT ENACTED b., the City Conunission of the City of
Longwood, Florida:
City of Longrv~~od
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SECTION 1. Chapter 2, Article VI, Division 2 of the City of Longwood Code of Ordinances is
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hereby amended to read as follows:
DIVISION 2. SPECIAL MAGISTRATE
Sec. 2-331. Created; Purpose; Powers.
(a) There is hereby created within the City, pursuant to Florida Statutes Chapter 162.03(2),
an alternate code enforcement system which gives a special magistrate and alternate
special magistrate ("special magistrate") designated by the City Commission the
authority to conduct hearings azid nnpose and authorize the collection of fines and costs
against pending or repeat violators of city codes and ordinances. The special magistrate
shall have the same purpose, power, status, and procedural requirements of the code
enforcement board repealed this date by this Ordinance.
(b) The special magistrate shall be a qualified firm or individual who possesses an
outstanding reputation for civic pride, interest, responsibility, and business or
professional ability. The appointment shall be made by the City Commission on the basis
of experience or interest in the fields of zoning, building control, and code enforcement.
(c) The special magistrate shall serve at the pleasure of the City Commission, and shall not
be deemed a City employee.
(d) The special magistrate shall be compensated for performing. said service.
(e) The alternate special magistrate ("special magistrate") shall satisfy the same appointment
requirements, possess the same powers as the special magistrate and shall perform special
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magistrate duties whenever the special magistrate is unavailable due to illness, conflict of
~ interest, or otherwise.
(f) The City shall provide such clerical, adrnini:;tr~!tive personnel, and legal services deemed
reasonably necessary to support the special m~~:gis~trate activities and assist in the proper
performance of duties. The special magistrate ~;hal.l not be authorized to engage, hire, or
use any person, except those provided by, the City to assist in the performance of duties.
Sec. 2-332. Statutor•~ provisions adopted.
The provisions of Florida Statutes Chapter 162, excluding s. 162.Q5, regarding code enforcement
are hereby adopted by the City by reference.
Sec. 2-333. Jurisdiction.
(a) The code enforcement special magistrate shall `lave the jurisdiction and authority to hear
and decide alleged violations of the codes and ordinances of the City.
(b) The special magistrate shall have the jurisdiction and authority to hear and decide any
other code eni~orcement matters the City Corrun:ission shall determine appropriate.
(c) The special magistrate shall have the jurisdi~;tion and authority to affirm or modify
penalties imposed by the code enforcement boa,~d whose jurisdiction was repealed by this
Ordinance.
(d) The special magistrate shall have the jurisdi~>tion and authority to determine the amount
of reasonable expenses incurred by the City as a result of orders issued pursuant to the
authority granted herein.
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(e) The jurisdiction of the code enforcement special magistrate shall not be exclusive. Any
alleged violation of any code and ordinance 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 and nothing shall prevent the City from taking such lawful
action, including but not limited to resorting to equitable actions, as is necessary to
enforce the provisions of respective city codes and ordinances.
Section 2-334. Enforcement Procedure.
It shall be the duty of the code officer to initiate enforcement proceedings of the various codes
pursuant to Florida Statues Chapter 162.
Section 2-33~. Conduct of Hearing.
(a) Each case before the code enforcement special magistrate shall be initiated and presented
by a member of City code enforcement staff. The burden of proof shall be upon the City
code enforcement staff to show, by a preponderance of the evidence, a violation does
exist. In the event that multiple violations are alleged, the respondent shall not be entitled
to separate hearings thereon, unless ordered by the special magistrate.
(b) All hearings shall be held in a designated city facility accessible to the general public.
(c) All hearings before the special magistrate shall be conducted so as to ensure fundamental
due process.
(d) The case on behalf of the City shall be presented first, and the respondent, or his duly
designated representative, shall then be provided an opportunity to present his case.
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(e) The special magistrate shall take testimon,~ from any witness having knowledge
concerning a hearing on a case. All testimony shall be under oath. The special magistrate
shall have thc: power to administer an oath to ,any witness. Upon direction of the special
magistrate, each party shall be permitted th~~ opporhnuty to inquire of any hearing
witness.
(f) The special magistrate shall not be bound oy formal rules of evidence. Irrelevant,
immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a
type of commonly .relied upon by reasonably prudent persons in the conduct of their
affairs shall be admissible, whether or not such evidence would be admissible in a trial in
a court of law within the state.
(g) As soon as practicable after the conclusion oi' the hearing, the special magistrate shall
issue finduigs of fact based on evidence of record, and conclusions of law, and shall. issue
an order affording the proper relief consistent `vith powers granted herein and consistent
with Florida Statute Chapter 162.
(h) The special magistrate shall be bound by tYie interpretations and decisions of duly
authorized boards of the City concerning the provisions of the codes, ordinances and
regulations within their respective jurisdictio~is.
(i) The special magistrate shall have powers consistent with F.S. Chap. 162 to adopt rules
for the conduct of its hearings; subpoena to i.ts hearings alleged violators, witnesses, and
evidence; take testimony under oath; and is;~ue orders having the force of law to
command whatever steps are necessary to bring violations into compliance.
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Section 2-336. Rehearing, of code enforcement special magistrate action.
(a) Either the code enforcement officer or violator may request a hearing of the decision of
the special magistrate. A request for rehearing shall be made in writing, and shall. be
delivered to the city clerk within ten (10) days of the date that the order of the special
magistrate is mailed pursuant to F.S. Chap. 162. A request for rehearing shall be based
only on the grounds that the decision was contrary to the evidence or that the hearing
involved an error on a ruling of law, which was fundamental to the decision of the special
magistrate. The written request for rehearing shall specify the precise reasons therefore.
(b) The special magistrate shall make a determination as to whether to rehear the matter. If
the special magistrate determines a rehearing should be granted, the special magistrate
may:
1. Schedule a hearing where the parties will be given the opportunity to present
linuted evidence or argument as to the special reasons for which the rehearing
was granted; or
2. Modify or reverse the prior order, without receiving further evidence,
providing the charge is based on a finding prior decision of the special
magistrate resulted from a ruling on a question of law which the special
magistrate has determined to be an erroneous ruling.
(c) Until the request for rehearing has been denied or otherwise disposed of, the order of the
special magistrate shall be stayed; and the time for taking an appeal, pursuant to Sec. 2-
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338, shall not commence to run until the date upon which. the special magistrate has
finally disposed of the request of reheariiig b;y denying the same or otherwise.
Sec. 2-337. Administrative Fines; Costs of Repair; Liens.
(a) The special iagistrate, upon notification ley the code inspector that an order of the
special magistrate has not beeri complied with by the set time or, upon finding that a
repeat violation has been committed, may orde-r 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; begimung with the ~~ate the repeat violation is found to have
occurred by the code inspector. In addition., if' the violation is a violation described in
Section 162.06(4), Florida Statutes, the special magistrate shall notify the city
~ conunission; which may make all reasonable repairs required to bring the property into
compliance ar.id charge the violator with the :reasonable cost of the repairs along with the
fine imposed :pursuant to this section. If a finding of a violation or repeat violation has
been made as provided in this part, a hearing :;hall not be necessary for issuance of the
order imposiil;; the fine.
(b) 1. A fine imposed pursuant to this sec.tioii shall not exceed two hundred fifty
dollars ($250.00) per day for a first violation and shall not exceed five
h~nidred dollars ($500.00) per day for a repeat violation, and, in addition, may
include all costs of repairs pursuant t~~ subsection 2-337(a) hereof;
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2. In determining the amount of the fine, if any, the special magistrate shall
consider the following factors:
(a) 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. The special magistrate may reduce a fine imposed pursuant to this section.
(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 levy against the personal property, but such order shall not be
deemed to be a court judgment except for enforcement purposes. A fine imposed
pursuant to this part shall continue to accrue until the violator comes into compliance or
until judgment is rendered in a suit 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 Longwood and the local City Commission may execute a satisfaction
or release of lien entered pursuant to this section. After three (3) months from the filing
of any such lien which remains unpaid, the special magistrate may authorize the city
attorney to foreclose on the lien. No lien created pursuant the provisions of this part may
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be foreclosed on real property which is a hol.nestead under Section 4, Art. X of the. State
~ Constitution.
(d) Duration of lien. No lien provided by local codes and ordinances shall continue for a
period longer than twenty (20) years after the certified copy of an order imposing a fine
has been recorded, unless within that time an action to foreclose on the lien is
commenced in a court of competent jurisdic~tio:~.i. In an action to foreclose on a lien, the
prevailing party is entitled to recover all cosh; ir..cluding a reasonable attorney's fee i:hat it
incurs in the foreclosure. The City shall be entitled to collect all costs incurred in
recording and. satisfying a valid lien. The c~~ntinuation of the lien affected by the
commencement of the action shall not be good ~~gainst creditors of subsequent purchasers
of valuable consideration without notice unle:;s << notice of lis pendens is recorded.
Sec.2-338. Appeal.
Any aggrieved party, :including the City, lnay appeal a ruling or order of the special magistrate to
the circuit court of Seminole County in accordallcc, with the Florida Rules of Appellate
Procedure. The appeal. provided for herein shall be fixed within thirty X30) days of the order to be
appealed. The nature of the appeal shall be from a final ;administrative order. -
Sec. 2-339 through Stic. 2-343.
Deleted.
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SECTION 2. SEVERABILITY. If any provision or portion of this Ordinance is declared by
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any court of competent jurisdiction to be void, unconstitutional or unenforceable, then all
remaining provisions and portions of this Ordinance shall remain in full force and effect.
SECTION 3. CONFLICTS WITH OTHER ORDINANCES. That portion of any Ordinance
which may be in conflict with this Ordinance is hereby repealed with the adoption of this
Ordinance.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon being
read in two meetings of the City Commission of the City of Longwood, and its approval and
adoption by the City Commission.
FIRST READING this 3~ day of , A.D. 2009.
SECOND READING this / 7 day of , A.D. 2009.
FINAL READING AND ADOPTION this / may of , A.D. 2009.
Ha ood G. Bundy, Jr., ayor
ATTEST•
carah M.1Vi~'-rus, MMC, MBA, City Clerk
Approv~,d as to form and legality for the use and reliance of the City of Longwood,
Florida only.
'~-`r Teresa S. Roper, City'~Atto'rney ~
City of Longwood
Ordinance No. 09-1902
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