Ordinance 558OP.p INAPICF N0. 558
AN ORDINANCE OF THE CITY CON!'I SS IOM OF THE CSTY OF LON GIVOOD,
T LORIDA, AMEND I?,G OP,D ITIA_NCL N0. 49f r°`1T'T. '"HF CODES
ENF ORC E!!F.NT BOARD OE TI;E CIT\', PROD; HT; PROV I-ING
APPLICARI LI TY: PROV ID IP:6 DEFINITIONS; 'f~ ~i~ING f,tEAiBERSFiIP
OF THE CODE EN FOkCE1AE NT BOAR-~ PROVIDING _JR N!EI=IAER.SI~IIP
AND ORGANIZATIO?! OF 60 ARD; LIMITING RE.'POINTTiENT OF MEMBERS;
PRO VI-ING HE.ARFNG PROCEDURES; PROVIDIN, POIVFRS OF BOARD;
PROV [-ING £OR FINES A.`.'p I.Ic NS; REDI1C tNG D!A%. MUM FI."~E;
PROVIDING FOR LIENS AGAINST' REAI, A^!D PrR SOVAL PROPERTY OF
VIOLATOR OTHER THAN PROPERTY iv'HE RE VIOLATION OCCDRRED UNDER
SPECI FIEp CIRCUD!STANCES: PROVIDING F'OR AooEAlE TO T!iE CS RCUST
COURT; REPEALI~"G AI,L ORpINANi, F.S JR PARTS OF ORDINANCES IN
CONF LI C"f I~IERTiiV iTH; YROVI-ING A SEPARABi LITY CLPl1EE ANU
EFFECTIVE DATE.
AE IT ORDAINLD BY THE CITY CODRdIS SI ON OF THF, CITY OF LONGIVOOD, FLORIDA
AS FOLLOIVS:
SF.CTI OA' 1: That Ordinance No. 49] of the City of Longwood,
Plor ida o Bed end adopted On the ISth dny Of Decembor, 1980, and
all .its amendments, said Ordinance tieing the Codes En{or cement Ord inane
o{ the Ciey o: Longwood, Flori de bo and tho same is hereby amended as
fol low's:
As to SECTION 2, n ragraphs 1, 2, ;~, 5 and E era amended as
Follows:
There is hereby created a Codes EnForce,.ent Board of
the City of I,o ngwood, Florida, iahi<h s~.all co~.sssi o-. seven
members, eo be xpno ynt ed by the City Commission. A11 memb eTs
of the 6o and shall he resid ~~ts o. the City ant shall sorie
~., ~+it..o~t c Batton.
The oiemborsh in o- the Codes P,e.or cement Hon rd shall
wh ar.evar n Bible zic lode ern or is an the fol loxing fields:
I. Arenite~t.
2. A businessman.
An e _
4. A genet vlec or.
A subcontractoract
fi. A real eo r.
Any mombar may be reaPpo inted from tor.. t~ tern _ apn^oval
o. the City Commission.
The initial x,u an omen is to xhe Codes Ee_nr cement 6o and
shall be as foil Dais:
I. Twe (zl m anon tie aPPoinxed for a Germ
tie mne cline r.
_. Three (3) members shall be appoinxcd far a tcim
of n.o (2) years.
S. Tuo (27 member shall be a_, n*.ed for a term
of three (5) ye rs.
Thereafter, each term sha]1 be For a iod o£ three (3J
yeas. A meinb ar may be r ., nted for one succass the te.m
upon approval of the City Commi ssiun.
M1fenbers of the Codes £.nfor cement Sue rd may be removed
from office by the City Commission for cause p written
charges and after public hearing. Any member who fails to
attend ewo (2) Dux of three (:i) successive meet ~ ~, rthout
cause and i,i thout prior approval of the chairman o1 the Codes ~
Enforcement Roard sna 11 automatrcaliy declare the member's
office Baca nt and the City Commission shad n ?t ly fill
such vacancy.
Ax the first meetrng of the Codes Cnfor came nt Roard,
the members of the Board shell elect from among its members
a chairman and a Pico-chairman c side an the absence of
the che3nna n. The presence of four (4) or more members shall
c onstrxu ec a pu Drum of the Codes Cnforcement Roard necess ,
to take ac to on. ;tae tin gs of the Hoard shall occur no .ass
£requen tly then once eery ti.o (2) months, but t.ie Board „ ,
1
neat mare often as necessary.
As to SECTION 4, paragraph 4 is amended as Follows:
At th< conclusion of the hear.i ng, the Codes Cnfor cement
Roard shall sssue _ind logs of fact and conclusions of law,
and shvil issue an order affording the p rei ie{ conststent
~..i.th the o er nted herein. The order .shall be ste tad
orally at the moeti ng, end shall he reduced to ++ri Cine and
mailmd to the ell aged violator jai th in ten (1fiJ days after
the hearing. The finding shall he by motaon approved by the
affirmative vote of et least Eour (D) momb ers
As Co SECTION 5, snbPata graph 2. is amended as folloi.s:
_. Subpoena alleg od vaolators and ~ ats
hearings. Subpoenaes m v be s vedobyethe
Sheriff of Seminole County o the Police
!le partment of the City of Lon g~aood, Florida.
As xo SE GT ION 6, n ragraph 1 is emended as follo~rs:
nalii 'Che Codes Enforcement board m order a
respondent to pay a fine not to oz ceed T~uo ..u ndr ed Fifty
Oo llars (5250 Pei day That any violation co nT roues past
the date set Far comPl is nee in the order of the hoand is suod
after the hewing, n ~extified cosy o£ an order for a fine
may be recorded in ehe nubl is records in the office of the
Clork o£ xhe Circuit Court xn and {or Seminole County, F1or~ida,
and once rocord ed, shall co ns ti to t¢ a lion ag ainsY the land
on irhich [he vrolation ezts 'if the vrolator does not
o~.n the land, i, any other real o _ sonzl proper ty onned
by the violator and may be enforced in the same manner as a
court )udgn enC by the Sheriffs of this' state, in c]ud'i ng Levy
o nst the personal property, but shall not be deemed other-
~urso to ba a judgment of a court except fox enforcement
purPOSo s. Mo lien shall ezcaed Five Thousand Dull ors (SS,oOO7
xn total prtnc ipal amou although accrued inter cst may
accumul ete ah ove said vmoun t.
As to SL CTI ON 6, the full o~+i ng peragra ph is added:
h'o lien n vid ed by the Local Government Code Enforcement
Boards Act shall continue for along ern iod than two (2)
years after the cert iF led copy of an order i p ing a fine
has been recorded, unless ~.ithin that time an acTSOn to
foreclose en tho lien is coi.im ended in a court of compere nt
jurisdiction. The conrtnuatron of the lien effected by the
commencement o£ Che Beta on shall no[ be goad against
creditors or subsequ en - rchasers for valuable consider-
atron „itnont no urn, nn less a noatet of Tis Penaens ra
retoraea.
As to 55CTION '/, thn first paragraph is amendod as foil o~as:
Appeal. An aggrieved P ray including the City commission
may appeal a final administrative order of the Codes Enforce-
ment Board to the certtorar _ ce edings filed in the Circuit
Court opt Seminole Countv, FSOr ide. The Pe ti lion £or h'rit of
certiorari must be filed .+i th in thirty (30) days after the
hearing at which the order was announced. The s of revtex ,'
shall be limited to the record made before the Board and
shall not be a tri x] de no~o. Tlie noarc shat] by rule
establish reasonable charges For the nr ep ar ation of the
record to be Paid by the ? st tone r.
The fol lowin& ShCT10?i S is added:
\o Yhing contarned in the Local Government EnEOxcem ¢nt
Boards Act shall Prohibit the City Commission from enforcing
its codas by any oth or moans. It is the legi sl ativa intent
of the Local Government F,nf or <em ant Roards AcY To provide an
additional or pPlement al means of obtaini n~; c mPliance iii th
local codes.
SEGPI ON 2: A11 ordinances or is o£ ordinances in conflict
n ereuith, be and the same are hereby repeal ad.
SECTION }: tf any sec tt ono tton of a section of this
Ord inane tes to be rnv acid, unl. ai:ful or unto ns tt tuttona 1, t[ shall
pox be held to invalidate or P r the validity, force or effect of a ,
other sectton o t o£ this ordinance.
SECTION 6: This Ordinance shall become effective immediately
upon ixs passage and adoption.
PA ti5E0 ANIJ ADOP'fEU this L~day of A.D. 198 Z.
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