Ordinance 497AN OR02
FLOAIl1A
QI ALIFI
SECTION 1: itle. This ordinance may be known and cited as
the "Codes Enforcement Ordinance of the City of Longwood,
Floriaa.°
SECTION 2: Codes Enforcement B and c ted; membershi ;
There is hereby created a Codes Enforcement Board
of the City of Longwood, Florida, which shall consist
of five members and two alternate members designated as
first alternate and second alternate, to be appointed by
the Mayor and approved by the City Commission. All
members and alternates of the Eoard shall be residents
of the City and shall serve without compensation.
The membership of the Codes Enforcement Board shall
whenever possible cons rst of experts in the fo 11 wing
fielaa:
1 ect.
Arbusi ne ssman.
3. Engineer.
4. A general c ntrac tor.
5. A realtor. o
Any member or alternate member may be reappointed from
term to term upon approval of the City Commission.
The initial appointments to the Codes Enforcement
Board shall be as follows:
1. e (1) member and the two alternate members
shall be appointed far a term of one (1) year.
2. wo (2) members shall be appointed for a term ~~
aF two (2) years.
3. o (2) members shall be appointed for a term
of three (3) years.
Thereafter, each term shall be for a period of three (3I
years.
Alternate member(s) of the Hoard may attend all
meetings of the Board but shall act only in the absence,
disability or disqua l.ificati on of a regular member thereof.
In the absence of a mempe r, the first alternate shall be
substituted, and in the absence of two or more members,
both alternates shall be substituted. In the absence
of a member and the first alternate, the second aLte rn ate
shall be substituted. When an alternate member acts, the
mrnutes o£ the Board shall reflect the name of the absent,
disabled or disqualified member in whose place and stead the
alternate is acting.
Members of the Codes Enforcement Hoard may be removed
from offvice by the City Commission for cause upon written
charges and after public hearing. Any member who fails to
attend two (2) out of three (3) successeve meetings without
cause and without prior approval o£ the chairman of the
Codes Enforcement Board shall automatically forfeit hvs ~t
appointment and the City Commission shall promptly fill
such vacancy. Vacancres shall be automate ca lly filled by
the first alternate, then second alternate, which
position(s) shall then be filled by the City Commission
for the unexp.i.red term (s affected.
At the frrst meeting of the Codes Enforcement Board,
the members of the Hoard shall elect a chairman and a
yr ce-chairman to preside in the absence of [he chairman.
The presence of three (3) or more members, including
alternate members, shall constvtute a quorum of the Codes
1
Enforcement Board necessary to take actvon. Meetings _
of the Board shall occur no less frequently than once
every Two (2) months, but the Board may meet more often
Special meetings of the Board may be convened by
the chairman upon the giving of notice thereof to each
other member of the Hoard includi ny alternate members.
Unless waived by a majority of the Board, notrrn o£ a
spec.i ai meeting shall be given at least twenty-four
129) hours prior thereto.
Minutes shall he ma;.nt ained of all hearings held
by the Codes Enforcement Board, and all hearings shall
be open to the public. The City Commission shall provide
clerical and administrative personnel as may be reason-
ably required by the Board £or the proper performance
of its duties, nn attorney shall be appointed by the
City Commr ssron to attend all meetings of the Board and
to assrst the -oaxd in the conduct of its M1ea ri ngs.
S£.CTION 3: Jurisdiction. The Codes Enforcement Board shall
have the jurisdiction and authority tO hear and decide
alleged violations o£ the following codes and ordinances
of the Caty.
L. Ordinance N 360, City of Longwood, Florida;
Sign Ordinance
2. Ordinance N 3]9, City o ongwood, Florida,
adopting S uthern Standard Building Code;
Standard Building Codes
3. Ordinance N 3J9, City of Longwood, Florida;
adopting s uthern Standard Building Code;
stanaara cam coati
4. Ordinance N 3]4, City of LOngwood, e rich,
adopting Southern Standard Building Code;
Stanaa rd Mechanical Code
5. Ordinance N 454, City of Longwood, Florida;
Energy Ordinance
6. Ordiuance No. 389, City of Longwood, Florida;
adopting Seminole County £.lect ri cal Code
]. Ordinance No. 321, City of Longwood, Florida;
Fire nre~ention orainanoe
8. Ordinance N 4]6, City of Longwood, Florida;
elooa Pre~ent~.on ana control orainanoe
9. Ordinance N 201, City of Longwood, FLOrida;
Weed and other refuse removal
10. Ordinance N 252, City of Longwood, Florida;
andonea, w ticked and junked vehicles on
private pr pe rty
11. ordinance rv zo6, A icle z ection z6
ana z], city of Loagwooa, Floriaa; Norse
Control
lz. orainanee N 3]9, city of Longwooa, Floriaa, ~
adopting s veDern staaaara anilaing eoae;
sousing coax
13. 300 and 993, City of Longwood,
Plo ridaCeLicens ing and Business Regulations
Ordinances
19. Ordinance N 3]3, City of Longwood, Florida,
adopting the Southern Standard Building Cade;
St anaard Plumbing code
15. Ordinance N 423, City o£ Longwood, Florida;
Swimming Pool Ordinance
16. Ordinance N 193 and Amendments, City of
Longwood, Florida; Zoning Ordinances
17. Ordinance N 439, City of Longwood, Florida,
Trai le.r ordinance
1
18. Ordinance N 433, City of Longwood, Florida;
Prohibiting pumping of Industrial Waste
The jurisdiction of the Codes Enforcement Board
shall not be exclusive. Any alleged violation of any
of the aforesaid codes and ordinances 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.
SECTION 4: Procedure; hearings. An alleged violation of any of
the aforesaid codes or ordinances shall De filed with the
Board by the administrative official whose responsibility
1
it is to enforce that respective code or ordinance. Zf _
a vrolation of a code or ordinance 1s be3leved to errs t,
the official shall notify the violator(s) (respondent(s))
and give said re spondent(sl a reasonable time to correct
the violation. Should the violation continue beyond the
time specif iea for correction, the aaministr ati ve official
shall recite to the Boazd the name(s) and address(es) of
the respondent(s), the Cade provision involved and a short
factual statement for the belief that a violation exists.
The Codes Enforcement Board may then order that a hearing
be held at a subsequent meeting of the Hoard, and shall ~\
give notice thereof to the respondent(s) by cexti £ied mail,
return receipt requested, or y personal service.
- 9 - ORp.NO. 49]
At the hearing the burden of proof shall be upon the
administrative o£fi cial to show to a preponderance of the
evidence that a violation does exvs t. Assuming proper
notvice of the hearing has been provided to the respondent
a provided here n, a hearing may proceed in the aDSence
of the respondent. All testrmony shall be under oath and
shall be recorded. The formal rules of evidence shall not
apply. Irrelevant, immaterial or unduly repetitious
evidence shall be excluded, but all other evidence of a
vn the conduct of their affairs shall be admissible,
whether or not such evidence would be admvs sib le in a
y be re cevved in written form
appropriate, or the attorney appointed to represent the
Board, may inquire of any witness before the Hoard. The
alleged vrolator, or his attorney, and the attorney xepre-
sentinq the Codes Inspector shall be permitted to inquire
of any wetness before the Board.
At the cone LUSion of the hearing, the Codes Enforce-
ment Board shall issue findings of fact and conclusions of
consvstent with the powers granted herein. The ortler shall
be stated orally at tRe meeting, and shall be reduced to
wrvting and mailed to the alleged violator within ten (10)
days after the hearing. The finding shall be by motron
approved by the affirmative vote of at least three (3)
members, vncluding alternate members.
SECTION 5: The Codes Enforcement Hoard sha 11 have the
power to.
z, sere responaents ana subpoena witnesses to
hearings.
3. Subpoena r orris, s veys, plats and other 1
documentary curate rf als.
9. Take tes trmony under oath.
5. Issue orders having the force a effect of law
which c and whatever step sda aey
o bringna rol ati on into comp li ance,ns
ovbe made a the h aring and reduced
ing and mai ledtt then respondent (s) within
tenw(lp) days thereafter.
6. Establish fines pursuant to ~e ctron 6 herein.
SECTION fi: nalti The Codes Enforcement Board may order a
respondent to pay a fine not to exceed Erve Hundred Dollars
(5500) per day that any violation con troves past the date
set for comp Lianrn in the order of the -oard issued after
1
the hearing. A certified copy of an order for a fine may
be recorded in the public records in the o£fi ce of the
Clerk of the Circuit Court in and for Seminole Cowty,
Florida, and once recorded, shall constitute a lien against
the land on which the violation exists. No lien shall
exceed Frve Thousand Dollars ($5,000) rn total principal
amount, although accrued interest may accumulate above
said amount.
After one (17 year from the filing of any such lien
which remains unpaid, the City may foreclose the lien in
the same manner as mortgage liens are foreclosed. Buch 1
lien shall he superi ox to all other liens except a lr en
for taxes, and shall bear interest at the rate of ten
percent (108) per annum from the date fi lea.
SECTION 7 Appeal. An aggrieved par~may appeal a ruling or
order of the Codes Enforcement Board by certiorari pro-
ceedings filed in the Circuit Court of Seminole County,
Florida. The petition for Write of Certiorari must be filed
within thirty (30) days after the hearing at which the order
was announced. The scope of review shall be limited to
the record made before the Board and shall not be a
~\
trial de novo. The Board shall by rule establish reasonable
charges for the preparation of the record to he paid by
the petitioner.
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