Chapter_26___CODE_ENFORCEMENT.pdf

Chapter 26 - CODE ENFORCEMENT[1]

(b) It is the intent of the mayor and the city commission to provide the City of Sanford with all available legal remedies provided by state law for the enforcement of the City Code and city ordinances and that all applicable and permittable penalties provided by state law be available to punish violators.

(Ord. No. 3954, § 1, 8-8-2005)

Footnotes:

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Cross reference— Administration, ch. 2; buildings and building regulations, ch. 18.

Sec. 26-32. - Short title/intent.

(a) This article shall be known and may be cited as the City of Sanford Code Enforcement Ordinance.

(b) It is the intent of this part of this article to implement the provisions of F.S. §§ 162.01 through 162.13, which are commonly collectively cited as the Local Government Code Enforcement Boards Act.

(Ord. No. 3954, § 2, 8-8-2005)

Sec. 26-33. - Jurisdiction/reliance upon state law.

(a) The terms and provisions of this part of this article shall apply to all real property lying within the incorporated areas of the City of Sanford, Florida. All civil infractions of provisions of the Code of Ordinances of the City of Sanford, as amended, and city ordinances duly adopted by the Mayor and the City Commission of the City of Sanford may be enforced by any of the remedies available as set forth in this part of this article or as otherwise authorized by law.

(b) The provisions of this part of this article are intended to implement the provisions of state law.

Accordingly, in the event of conflict between the provisions of this part of this article and the provisions of the Local Government Code Enforcement Boards Act the city shall utilize the provisions and procedures of said Act.

(Ord. No. 3954, § 3, 8-8-2005)

Sec. 26-34. - Authority and purpose.

(a) This part of this article is adopted pursuant to F.S. ch. 162, and F.S. ch. 828, and other applicable provisions of law as a supplemental method of enforcing the Code of Ordinances of the City of Sanford, as amended from time-to-time, and all other city ordinances enacted to protect the public health, safety, and welfare of the citizens of the city.

(b) This part of this article shall be implemented in harmony with the provisions of the various provisions of the Code of Ordinances of the City of Sanford such, by way of example only, the provision relating to animal control and building codes.

(Ord. No. 3954, § 4, 8-8-2005)

Sec. 26-35. - Definitions.

The following definitions shall have the following meanings relative to the application of this part of this article; provided, however, that in the event of conflict between the provisions of this part of this article and the provisions of the Local Government Code Enforcement Boards Act, the city shall utilize the definitions of said Act:

City means the City of Sanford.

City manager means the City Manager of the City of Sanford or designee.

City Code and city ordinance(s) mean the Code of Ordinances of the City of Sanford, as amended from time-to-time, and city ordinances enacted by the city commission to be codified into the Code of Ordinances of the City of Sanford.

Code enforcement officer means any employee or authorized agent of the city whose duty it is to ensure code compliance with the City Code and city ordinances which are subject of this article including, but not be limited to, code inspectors, community improvement officers, neighborhood improvement officers, and other code compliance personnel (building, zoning, animal control, and environmental), law enforcement officers, animal control officers, and fire safety inspectors.

Person means an individual, firm, association, organization, partnership, company, corporation, any other business entity, trust, whether government or private.

Repeat violation means a violation of the same provision of the City Code or the same city ordinance by the same person within a five-year period.

(Ord. No. 3954, § 5, 8-8-2005)

Sec. 26-36. - Code enforcement hearing officer/special magistrate/selection/code enforcement processes and procedures.

(a) It is the intent of this part of this article to establish a hearing officer/special magistrate with the authority to impose administrative fines and other noncriminal penalties to promote, protect, and improve the health, safety, morals, and welfare of the City of Sanford and to provide an equitable, expeditious, effective and an inexpensive method of enforcing the City Code and city ordinances where a pending or repeated violation exists or continues to exist. This part of this article has been enacted pursuant to the authority of F.S. ch. 162, and other applicable law.

(b) The city hearing officer/special magistrate shall have jurisdiction to hear and decide cases in which violations are alleged of any provisions of the City Code and city ordinances except as specifically excluded herein.

(c) Hearing officer/special magistrates shall be appointed by the city commission and shall be an attorney duly licensed to practice law in the State of Florida. The city may utilize the services of one or more hearing officer/special magistrates to conduct hearings concerning the City Code and city ordinances.

(d) Hearing officer/special magistrates shall have the power to:

(1) Adopt rules for the conduct of hearings;

(2) Subpoena alleged violators and witnesses to its hearings. Subpoena evidence to its hearings.

The City of Sanford Police Department may serve subpoenas;

(3) Subpoena evidence to hearings;

(4) Administer oaths and take testimony under oath;

(5) Issue orders having the force of law finding a violation of the City Code or city ordinances and commanding whatever steps are necessary to bring the violation into compliance; and

(6) Enter orders finding compliance or non-compliance.

(e) Hearing officer/special magistrates shall serve for terms established by the city commission. Hearing officer/special magistrates shall be subject to removal, with or without cause, from their positions at any time during their term, by the mayor and city commission. Hearing officer/special magistrates shall not be considered to be city employees, although they may receive compensation for their services and also may be reimbursed for such travel, mileage and per diem expenses as may be authorized.

(f) The city attorney shall act as legal counsel to the code enforcement officer as he or she presents cases to the hearing officer/special magistrate or shall present the case for the code enforcement officer. Because only attorneys may hold the position of hearing officer/special magistrate, the city commission shall not be required to retain an attorney to represent the hearing officer/special magistrate.

(g) Hearing officer/special magistrates shall have the jurisdiction to hear and decide alleged violations of the City Code and city ordinances.

(h) The jurisdiction of the hearing officer/special magistrates shall not be exclusive. Any alleged violation of the City Code or city ordinances may be pursued by any appropriate remedy in a court of competent jurisdiction at the option of the city commission or administrative official whose responsibility it is to enforce the City Code or city ordinances.

(i) It shall be the duty of the responsible city departments, through the code enforcement officer, to initiate enforcement proceedings of the City Code and city ordinances through the hearing officer/special magistrate process. The hearing officer/special magistrate shall not have the power to initiate such enforcement proceedings. Any violations presented to the hearing officer/special magistrate shall be administered by the code enforcement officer.

(j) In the case of a first time violation of the City Code or a city ordinance(s), the code enforcement officer shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code enforcement officer shall request a hearing before the hearing officer/special magistrate and provide notice to the alleged violator. All notices required by this part of this article shall be provided to the alleged violator in accordance with the provisions of F.S. § 162.12 and in accordance with controlling legal precedent.

(k) If a repeat violation is found, the code enforcement officer shall notify the violator, but is not required to give the violator a reasonable time to correct the violation. The code enforcement officer, upon notifying the violator of a repeat violation, shall request a hearing. The code enforcement officer shall schedule a hearing before the hearing officer/special magistrate and shall provide notice to the violator.

The case may be presented to the hearing officer/special magistrate even if the repeat violation has been corrected prior to the hearing officer/special magistrate hearing and the notice shall so state.

(l) If a code enforcement officer has reason to believe a violation presents a serious threat to the public health, safety, morals, or welfare, or if the violation is irreparable or irreversible in nature, said decision being made in conjunction with the city manager, the code enforcement officer shall make a reasonable effort to notify the violator and may immediately request an emergency hearing thereon.

(m) The code enforcement officer shall coordinate the calling of hearings by the hearing officer/special magistrate. The city shall provide scheduling of a hearing room and clerical staff as may be reasonably required by the hearing officer/special magistrate to conduct hearings and perform his or her duties.

All hearings by the hearing officer/special magistrate shall be open to the public and minutes shall be kept of all hearings.

(n) Each case before the hearing officer/special magistrate shall be presented by the code enforcement officer with the assistance of the city attorney or by the city attorney as the case may be. All relevant evidence shall be admitted. When appropriate, the code enforcement officer or city attorney may call as witnesses property owners within the community who are adversely affected by the alleged code violation. The hearing officer/special magistrate may exclude irrelevant or unduly repetitious evidence.

(o) Each party to the hearing shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses, impeach witnesses and rebut evidence. The general public shall not be entitled to present evidence although members of the general public may be called as witnesses by either party.

(p) The alleged violator has the right, at his or her own expense, to be represented by an attorney at any hearing.

(q) All testimony before the hearing officer/special magistrate shall be under oath and shall be recorded.

The alleged violator or the city may cause a verbatim record of the proceedings to be made.

(r) The burden of proof shall be with the code enforcement officer and/or city attorney to show by the greater weight of evidence that a code violation exists and that the alleged violator committed, allowed, or was responsible for maintaining the violation.

(s) If notice has been provided to the violator of the public hearing pursuant to this part of this article (which shall be as required by F.S. ch. 162), the hearing may be conducted and an order rendered in the absence of the alleged violator.

(t) At the conclusion of the hearing, the hearing officer/special magistrate shall issue an order setting forth findings of fact, based on evidence of record, and issue conclusions of law, and shall render relief in the order affording the proper relief consistent with powers granted in this part of this article. A written order shall be issued within a reasonable period of time subsequent to the hearing. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by that date. A second hearing shall be scheduled by the city at which the hearing officer/special master shall determine when compliance has been attained in accordance with controlling legal precedent. An aggrieved party, including the city, may appeal a final administrative order of the hearing officer/special magistrate to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the hearing officer/special magistrate. An appeal shall be filed within 30 days of the execution of the order to be appealed.

(u) A certified copy of an order imposing the fine provided for herein may be recorded in the public records of Seminole County or any other county, and thereafter such order shall constitute a lien against the property on which the violation exists or, if the violator does not own the land involved in the violation, upon any other real or personal property owned by the violator and may be enforced in the same manner as a court judgment by the sheriffs of this state including levy against personal property, but shall not be deemed otherwise to be a judgment of a court except for enforcement purposes.

(v) When an order is recorded in the public records pursuant to this part of this article and the order is complied with by the dates specified in the order, the hearing officer/special magistrate shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required if such is an order acknowledging compliance prior to the date set for compliance; provided, however, that the alleged violator shall have the right to request a hearing to determine when compliance has been attained.

(w) A fine imposed pursuant to this part of this article shall not exceed $1,000.00 per day per violation for a first violation, shall not exceed $5,000.00 per day per violation for a repeat violation and up to $15,000.00 per violation if the special magistrate finds the violation to be irreparable or irreversible in nature. In formulating the provisions of the order, the hearing officer/special magistrate should be consistent in the imposition of fines, paying special attention to the gravity of the violation, any actions and the timeliness of actions taken by a violator to correct the violation and any previous violations committed by the violator. The hearing officer/special magistrate shall include in the order establishing a fine that the violator shall pay all costs of the proceedings incurred by the city. [2]

(x) The fine imposed pursuant to this part of this article by the hearing officer/special magistrate shall be final and may be appealed only to the circuit court in accordance with the controlling provisions of law.

The violator may make arrangements through the city manager to pay the fine in monthly payments;

provided, however, if the violator fails to timely perform under the agreement, the city shall have and maintain all enforcement rights relative to the fine imposed as reduced by payments that have been made.

(y) A certified copy of an order imposing a fine may be recorded in the public records of Seminole County or any other county and, therefore, 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 the 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 of 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 months from the filing of any such lien which remains unpaid, the mayor and the city commission may authorize the city attorney to foreclose on the lien.

(z) Notwithstanding the processes set forth relative to presentation of matters before the special magistrate, the city may negotiate a stipulated order prior to a hearing and submit the order to the special magistrate for his or her execution.

(aa) Costs of the proceedings, as used in this section, means all costs incurred by or on behalf of the city from the first discovery of a code or ordinance violation through the appeal process and until compliance is achieved including, but not limited to, staff time in investigating the violation, inspecting the property where the violation occurred, preparing investigation reports, issuing and distributing notices, preparing for and attending any appeal hearing, and fees paid to the special magistrate.

(bb) Notwithstanding any provision in this part of this article to the contrary, the city shall adhere to the procedures set forth in the Local Government Code Enforcement Boards Act in conducting its code enforcement activities.

(Ord. No. 3954, § 6, 8-8-2005; Ord. No. 4153, § 5, 3-23-2009)

Footnotes:

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Section 162.09(d), Florida Statutes, provides that "[a] county or a municipality having a population equal to or greater than 50,000 may adopt, by a vote of at least a majority plus one of the entire governing body of the county or municipality, an ordinance that gives code enforcement boards or special magistrates, or both, authority to impose fines in excess of the limits set forth in paragraph (a). Such fines shall not exceed $1,000.00 per day per violation for a first violation, $5,000.00 per day per violation for a repeat violation, and up to $15,000.00 per violation if the code enforcement board or special magistrate finds the violation to be irreparable or irreversible in nature. In addition to such fines, a code enforcement board or special magistrate may impose additional fines to cover all costs incurred by the local government in enforcing its codes and all costs of repairs pursuant to subsection (1). Any ordinance imposing such fines shall include criteria to be considered by the code enforcement board or special magistrate in determining the amount of the fines, including, but not limited to, those factors set forth in paragraph (b)." The City of Sanford population now exceeds 50,000.

Secs. 26-37—26-70. - Reserved.

ARTICLE III. - CODE ENFORCEMENT CITATION PROCEDURE

Sec. 26-71. - Intent.

The city hereby creates a supplemental and additional method of enforcing its codes and ordinances by the issuance of citations for violation of city codes or ordinances. The provisions of this article may be used for the enforcement of any city code or ordinance, or for the enforcement of all city codes and ordinances unless prohibited by law. Nothing contained in this article shall prohibit the city from enforcing its codes or ordinances by any other means.

(Code 1973, § 18-80; Ord. No. 3098, § 1, 3-9-1992)

Sec. 26-72. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Code enforcement officer means any employee or agent of the city who has been designated by the city commission to enforce the city's codes and ordinances.

(Code 1973, § 18-81; Ord. No. 3098, § 1, 3-9-1992)

Cross reference— Definitions generally, § 1-2.

Sec. 26-73. - Designation, qualifications and training of code enforcement officers.

The city commission is authorized to designate by resolution certain of its employees or agents as code enforcement officers. The training and qualifications of the employees or agents designated as code enforcement officers shall be determined by resolution of the city commission. Designation as a code enforcement officer does not provide the code enforcement officer with the power to arrest or subject the code enforcement officer to the provisions of F.S. §§ 943.085—943.255. Nothing in this article amends, alters or contravenes the provisions of any state-administered retirement system or any state-supported retirement system established by general law.

(Code 1973, § 18-82; Ord. No. 3098, § 1, 3-9-1992)

Sec. 26-74. - Authority of code enforcement officers.

All code enforcement officers are authorized to issue a citation to a person when, based upon personal investigation, the code enforcement officer has reasonable cause to believe that the person has committed a civil infraction in violation of a city code or ordinance and that the county court will hear the charge.

(Code 1973, § 18-83; Ord. No. 3098, § 1, 3-9-1992)

Sec. 26-75. - Issuance of warning notices and citations.

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 a 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 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.

(Code 1973, § 18-84; Ord. No. 3098, § 1, 3-9-1992)

Sec. 26-76. - Service of warning notices and citations.

(a) A copy of warning notices and citations shall be provided to the alleged violator by hand delivery by the code enforcement officer. In the absence of the alleged violator, the warning notice or citation shall be delivered to the alleged violator by leaving a copy of the warning notice or citation at the alleged violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the warning notice or citation or by registered or certified mail, return receipt requested.

(b) Whenever an alleged violator has a right or is required to do some act within a prescribed period after a warning notice or citation is delivered by mail, three days shall be added to the prescribed period.

(Code 1973, § 18-85; Ord. No. 3098, § 1, 3-9-1992)

Sec. 26-77. - Violation classification and civil penalty.

(a) Violations of city codes or ordinances and the applicable civil penalties shall be classified as follows:

Violation

Classification Civil Penalty

Class I $ 50.00

Class II 100.00

Class III 200.00

Class IV 300.00

City codes and ordinances subsequently enacted or amended may set forth the applicable civil penalty for violations by designating the appropriate violation classification.

(b) Each violation of a city code or ordinance in the schedule of violations in section 26-78 is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction.

(c) Court costs in the amount of $10.00 per citation collected shall be retained by the clerk of the circuit court. The civil penalties set forth in this section include the court costs.

(Code 1973, § 18-86; Ord. No. 3098, § 1, 3-9-1992)

Sec. 26-78. - Schedule of violations.

(a) Violation of the following city codes or ordinances is a civil infraction for which a citation may be issued:

Chapter/Section Code Requirement Class

§ 14-4 Keeping live fowl within 150 feet of dwellings.

Class

I

§ 14-39(a) Keeping more than 3 dogs or 3 cats at or within residential dwellings.

Class

I

§ 18-84 Posting of numbers to be affixed to building, mailbox or other approved structures so as to be visible and legible.

Class

I

§ 38-143 Allowing accumulation of junk/trash, wild growth in excess of 18 inches in height and grass in excess of 12 inches in height.

Class

I

Ch. 38, art. V, div.

(§ 38-171 et seq.)

Keeping of junk cars and parts.

Class

I

§ 54-6 Driving over curbs prohibited.

Class

I

§ 54-7 Peddling and display of materials, except from licensed vehicle, prohibited;

requirements to move to new location.

Class

I

Ch. 62, art. II

(§ 62-31 et seq.)

Recreation ramp requiring city commission approval with conditions.

Class

I

Ch. 82, art. II

(§ 82-31 et seq.)

Garage sales frequency, hours, advertisement and signage regulations.

Class

I

§ 86-35 Watertight garbage receptacles with a capacity of not more than 30 gallons required.

Class

I

§ 86-36 Garbage receptacles and plastic bags shall be placed at the curb.

Class

I

§ 86-37 Yard trash shall be properly prepared and placed at the curb.

Class

I

§ 86-39 Wet garbage shall be placed in watertight and airtight plastic bags or receptacles.

Class

I

§ 86-40(a), (b) All refuse fruit and vegetables shall be kept in plastic bags or receptacles until removed by the city.

Class

I

§ 86-41 Industrial waste shall be stored, collected and removed as required by city, state and federal laws.

Class

I

§ 86-43(a) Use of refuse container not authorized by city.

§ 86-43(c) Removal of refuse or recyclable materials from an approved container.

II

§ 86-43(d) Entering or being inside a city-furnished refuse container.

Class

I

§ 86-44 Scattering of refuse.

Class

I

§ 86-47(c)(1) Changing location of container without approval.

Class

I

§ 86-50 Construction waste responsibility of the owner/occupant.

Class

I

§ 86-52(b) Placement of putrescible materials in recycling containers.

Class

I

§ 98-91 City license required to engage in occupations, businesses or professions.

Class

II

§ 102-1(a)

Tampering with, unauthorized work on, unauthorized connection to, or in any way altering, damaging any part of the city's utility system, including potable water, reclaimed water, sanitary sewer and/or stormwater systems prohibited. Tampering or unauthorized work shall include, but not be limited to, unauthorized operation of city valves, meter tampering, straightlining, unauthorized taps, line rupture and/or illegal dumping.

Class

II

§ 102-35 Discharge of any substance or materials which are harmful to the operation of the sanitary sewer system.

Class

III

§ 102-36

Obstruction of the flow of any public sewer or clog any appurtenance thereof or place any substance, solid or liquid, other than waste products prohibited.

Class

I

§ 102-271

No user shall contribute any pollutant or wastewater (directly or indirectly) which will interfere with the operation or performance of the publicly owned treatment works (POTW).

§ 102-511 Cross connection to the city's potable water system prohibited.

I

§ 102-551 Stormwater discharges to the MS4 and waters of the United States.

Class

III

LDR § 3.6(A) Site development permit required prior to construction or alteration.

Class

I

LDR § 3.6(B) Certificate of completion required prior to occupancy or change of use.

Class

I

LDR § 5.2

Development plan review required prior to construction subject to exemptions.

Class

I

LDR § 5.8 Maintenance of approved improvements.

Class

I

LDR § 7.4(C) Failure to maintain common areas, facilities and improvements.

Class

I

LDR Schedule E, §

1.0(A)

Inoperative vehicles and equipment to be located in buildings or rear yard and screened per requirements.

Class

I

LDR Schedule E, §

1.0(B)

Vehicles and equipment to be set back at least 15 feet along street and ten feet along other parcel lines; no vehicles or equipment to be located in required buffer.

Class

I

LDR Schedule E, §

2.0(A)

Outdoor display related to retail sales and services shall be prohibited by definition and screened when required.

Class

I

LDR Schedule E, §

3.0

Home occupation regulations related to display, floor area, structures, uses, motors, family members, noise, odors, and application.

Class

I

LDR Schedule E, §

10.0

Outdoor storage and/or display for miscellaneous business and services, commercial amusements, wholesale and storage and manufacturing.

Class

I

LDR Schedule F, §

4.0

Commercial vehicles shall not be parked or stored in residential zoning districts.

LDR Schedule F, §

5.0

Inoperable or unlicensed vehicles shall not be parked or stored in residential zoning districts.

Class

I

LDR Schedule J, §

3.2(D) Vehicular encroachment prohibited within required buffer.

Class

I

LDR Schedule J, §

3.2(E) Barbed wire and/or chainlink fence prohibited within required buffer.

Class

I

LDR Schedule J, §

4.1

Site development permit required prior to cutting down, destroying, removing or moving any living tree.

Class

I

LDR Schedule J, §

7.0 Maintenance of required landscape as long as the use continues to exist.

Class

I

LDR Schedule K, §

4.0

Animated signs, billboards, flashing signs, snipe signs, sandwich signs, seawall signs, beacon lights, bench signs, signs on public property, immoral display, obstructions and streamers, spinners and pennants prohibited in all zoning districts.

Class

I

LDR Schedule K, §

5.0(E)

Regulation of signs identifying activity conducted on premises for commercial, automotive, miscellaneous business and services, industrial, agricultural processing establishments and transient lodging and entertainment uses.

Class

I

LDR Schedule K Regulation of banner signs.

Class

I

LDR Schedule K Regulation of mobile trailer signs.

Class

I

LDR Schedule K Regulation of motor vehicle signs.

Class

I

LDR Schedule K, §

6.1 Regulation of political campaign signs.

Class

I

LDR Schedule K, §

7.0 Regulation of lighting.

LDR Schedule K, §

8.0(C) Adequate maintenance of signs required.

Class

I

LDR Schedule S Violations of Schedule S Class

I

General fire safety regulations

General fire safety regulations for reporting hazards, notification, disposal, access, storage, overcrowding, combustive decorations, protection, extinguishing systems, standpipes.

II

(b) The citations issued pursuant to subsection (a) of this section may be contested in county court.

(Code 1973, § 18-87; Ord. No. 3098, § 1, 3-9-1992; Ord. No. 3148, § 2, 4-12-1993; Ord. No.

3386, § 2, 2-23-1998; Ord. No. 3544, § 1, 2-29-2000; Ord. No. 3671, § 1, 10-22-2001)

Sec. 26-79. - Procedures to pay penalty or contest citation.

(a) Any person cited for a violation under section 26-78(a) shall, within 30 days of issuance of the citation:

(1) Pay the civil penalty set forth in the schedule of violations at the clerk of the circuit court's office;

or

(2) Contest the citation in county court through appearance at the clerk of the circuit court's office to receive a court date.

(b) If the person cited pays the civil penalty as provided subsection (a)(1) of this section, he shall be deemed to have admitted the civil infraction and to have waived his right to a hearing to contest the citation.

(c) If the person cited appears at the clerk of the circuit court's office to receive a court date as provided in subsection (a)(2) of this section, he shall appear on such court date to contest the citation in county court and he shall be deemed to have waived his right to the civil penalty set forth in the schedule of violations and shall be subject for each violation to the maximum civil penalty, which shall not exceed $500.00 plus any applicable court costs.

(d) If the person cited fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and judgment may be entered against the person for an amount up to the maximum civil penalty, not to exceed $500.00.

(e) Any person who willfully refuses to sign or accept a citation issued by a code enforcement officer or refuses to provide the information required in the citation shall be in violation of this section and such violation shall be prosecuted as a misdemeanor of the second degree, punishable as provided in F.S.

§ 775.082 or F.S. § 775.083.

(Code 1973, § 18-88; Ord. No. 3098, § 1, 3-9-1992)

Sec. 26-80. - Citation contents.

The citation issued by the code enforcement officer shall be in a form prescribed by the city 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, he shall be deemed to have waived his 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.

(Code 1973, § 18-89; Ord. No. 3098, § 1, 3-9-1992)

Sec. 26-81. - Disposition of citations and civil penalties.

(a) After issuing a citation to an alleged violator, the code enforcement officer shall:

(1) Deposit the original citation and one copy of the citation with the clerk of the county court;

(2) Provide the alleged violator with one copy;

(3) Deposit one copy with city clerk; and

(4) Retain one copy in the code enforcement officer's department file.

(b) All civil penalties received by the county court from violators of city codes or ordinances shall be paid into the general fund of the city in the penalty and fine account. All court costs shall be retained by the clerk of the circuit court.

(Code 1973, § 18-90; Ord. No. 3098, § 1, 3-9-1992)

Sec. 26-82. - Provisions supplemental.

It is the legislative intent of this article to provide an additional and supplemental means of obtaining compliance with city codes and ordinances. Nothing contained in this article shall prohibit the city from enforcing its codes or ordinances by any other means.

(Code 1973, § 18-91; Ord. No. 3098, § 1, 3-9-1992)

Secs. 26-83—26-100. - Reserved.

ARTICLE IV. - SUPPLEMENTAL MEANS OF CODE ENFORCEMENT

Sec. 26-101. - Supplemental means of enforcing City Codes and ordinances/administrative citation.

(a) In lieu of proceeding in accordance with the provisions of sections 26-71 through 26-82 and prior to, or in conjunction with, proceeding in accordance with the provisions of sections 26-31 through 26-36, the city may process allegations of violations of the codes and ordinances of the city in accordance with the provisions of this section by means of the issuance of an administrative citation.

(b) The administrative citation process may be used to enforce any code or ordinance of the city as deemed appropriate by the city.

(c) In the course of providing notice to violators under the provisions of F.S. ch. 162, pt. I, the city shall cause an administrative citation to be issued to the violator and the violator shall be notified of a date and time in which the cited violation must be remedied and, if not remedied, the fine for each day, or a total amount of the fine, that will be assessed should the violator not remedy the violation within the time prescribed and not elect to proceed to the hearing officer/special magistrate process.

(d) In any case where an administrative citation is issued, service of the citation shall be made by complying with the following:

(1) The code enforcement officer, or other authorized officer, shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. If the responsible person refuses or fails to sign the administrative citation, the refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings; or

(2) The responsible person shall be served by certified mail, return receipt requested or overnight delivery while simultaneously, the administrative citation shall be mailed by first class mail with delivery certification. If the administrative citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the administrative citation sent by first class mail is not returned.

(e) The fines assessed under this article shall be in accordance with the following amounts:

(1) A fine in the amount of $100.00 for the first administrative citation;

(2) A fine in the amount of $200.00 for a second administrative citation for violation of the same code or ordinance if issued within a 12-month period;

(3) A fine in the amount of $500.00 for any subsequent administrative citation issued for violation of the same code or ordinance within a 12-month period.

(f) The forms relating to the implementation of this Ordinance, the city's hearing officer/special magistrate process implementing the provisions of F.S. ch. 162, pt. I, [3] and any other code enforcement process may be combined; provided, however, that each administrative citation shall contain the following information:

(1) The date, approximate time and address of definite description of the location where the violation(s) was/were observed;

(2) The code section(s)/ordinance number(s) violated and a description of the violation(s);

(3) The amount of fine for the violation(s);

(4) An explanation of how the fine shall be paid and the time period by which it shall be paid;

(5) Identification of rights to a hearing, including the time within which the hearing may be requested;

and

(6) The name and signature of the code enforcement officer, or other authorized officer, issuing the administrative citation.

(7) If the violation(s) is/are one which is continuing, a notice to correct the violation(s) and an explanation of consequences for failing to correct the violation shall be issued concurrently with the administrative citation. Failure to issue the notice to correct and/or explanation of consequences for failure to correct violations shall not affect the validity of the administrative citation or of subsequent proceedings.

(g) Upon receipt of a citation, the responsible person must remedy the violation within the time prescribed in the citation, and if not remedied within the prescribed time, either pay the fine to the city within 15 days from the issue date of the administrative citation; or, within said time period, file a request for hearing. Upon the filing of a request for hearing, the city will proceed with a hearing on the matter in accordance with the provisions of sections 26-31 through 26-36 or a process which solely addresses the violation cited not under the processes and procedures established in F.S. ch. 162, and determines only whether the fine established in subsection 26-101(e) should be imposed. Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the designated city office within 15 days from the date the administrative citation is served or deemed to have been served. A failure to file a timely request for hearing shall be deemed a waiver of the right to a hearing on the administrative citation and a failure to exhaust administrative remedies;

provided, however, that the city may proceed with other code enforcement remedies in its discretion.

(h) Notwithstanding the foregoing provisions of this section, if a citizen or other person files a complaint with the city alleging a code or ordinance violation and the city notifies the owner of the property on which the violation is alleged to occur of the allegation and, after such notice an investigation is conducted by the city which results in a determination that the allegation was well founded and the violation was not cured after notice, the city may assess an investigative fee in such amount as may be established by resolution of the city commission.

(Ord. No. 4153, § 2, 3-23-2009)

Footnotes:

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Sections 26-31 through 26-36 of the City Code.

Sec. 26-102. - Appeals.

(a) The City Commission of the City of Sanford hereby finds that not all of the City's Codes and ordinances provide for administrative appeals with regard to permit issuance or denial or other similar actions of the city.

(b) In such cases when a specific permitting activity or process of the city, or other activity of the city such as, but not limited to, the payment of utility bills, does not provide for an appellate process when a permit is denied, or a city action is taken, and an applicant or other person affected by the action of the city would be in violation of a City Code or ordinance to conduct the activity without the issuance of a permit or would otherwise be in noncompliance with the requirements of the city, the applicant for the permit, or the person adversely affected by the action of the city, may appeal the denial or other action to the city manager or, if the city manager is the official vested with the initial power to grant a permit or take an action, to the city commission. Appeals must be filed within ten city working days from the date of the denial, or action of the city, and must specifically state in writing and in detail the basis of the appeal. Engaging in unpermitted activity while a permit has been denied is prohibited and unlawful notwithstanding the fact that an appeal may have been filed and be pending and the payment of any sum due must be timely made in order for the matter to be heard and this appeal process shall not be used for the purposes of delaying payment. Actions taken by the city in its code enforcement processes shall not be subject to appeal under the provisions of this section. The city commission shall establish an appeal fee relative to this section by adoption of a resolution.

(Ord. No. 4153, § 3, 3-23-2009; Ord. No. 4207, § 6, 4-26-2010)

Sec. 26-103. - Hearing officers.

(a) The City Commission of the City of Sanford hereby finds that from time-to-time it is beneficial and desirable for various matters, arising from the provisions of the city's Codes and ordinances, to be referred to hearing officers to make findings of facts and conclusions of law; to hear administrative appeals; or to hear other matters of a similar nature.

(b) A hearing officer means a person whom the city commission authorizes to conduct appeals or other administrative hearings. Hearing officers must be members of the Florida Bar in good standing and have adequate experience or knowledge in the area of the matters over which they will preside. The employment, performance evaluation, compensation and benefits of a hearing officer shall not be directly or indirectly conditioned upon the amount of penalties or administrative costs upheld, awarded, imposed, or assessed by the hearing officer. Hearing officers shall have all powers necessary to conduct fair and impartial hearings including, but not limited to, the power to hold conferences for settlement or simplification of the issues; administer oaths and affirmations; hear testimony; rule upon motions, objections, and the admissibility of evidence; preserve and authenticate the record of the hearing and all exhibits and evidence introduced at a hearing; regulate the course of the hearing in accordance with this chapter or other applicable law; issue orders which include findings of fact and conclusions of law and make recommendations, determinations, decisions, or any combination thereof.

(c) The city commission or city manager may determine that matters will be referred to hearing officers for a determination, a decision, a recommendation, or findings of facts and conclusions of law, or any combination thereof, by providing for same in the provisions of an ordinance enacted or a resolution adopted by the city commission or a letter of assignment by the city manager.

(d) The rules of procedure relating to a matter referred to a hearing officer shall be set forth in the ordinance, resolution or letter of assignment providing for the involvement of hearing officers; provided, however, that in the absence of such rules of procedure, hearing officers shall conduct proceedings in accordance with the following:

(1) After considering all of the testimony and evidence submitted at the hearing, the hearing officer may immediately issue a verbal decision or may issue a written decision within ten working days of the hearing. The decision shall include any conditions pertaining to the matter as may be appropriate.

(2) If a verbal decision is issued at the hearing, a written decision shall be prepared by the hearing officer and mailed to the parties within ten working days.

(3) The effective date of the decision shall be the date that the written decision is filed in the office of the city clerk.

(4) The case for the city shall be presented by the city attorney or designee.

(5) The case for the respondent may be presented by the respondent or attorney for the respondent.

An attorney shall present a written appearance form signed by the respondent under penalty of perjury indicating that such attorney is authorized to act and to bind the respondent to any orders entered by the hearing officer.

(6) The hearing officer shall conduct the hearings in an orderly manner and insist upon proper decorum by all persons present at the hearings. The intent of the hearings is to provide the city and the respondent a full and fair presentation of the issues.

(7) The strict laws of evidence shall not apply. Hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply, except that findings shall not be based solely on hearsay evidence. Other than responses to public records requests and the distribution of copies of citations, notices, orders, and inspection reports served on the responsible parties, or other similar materials as may be appropriate as part of the matter giving rise to the hearing, no pre-hearing discovery shall be permitted.

(8) Hearsay testimony may be admitted and relied upon by the hearing officer in making a determination.

(9) Relevant documents may be received into evidence without formal proof of authenticity. The hearing officer shall determine the weight, if any, to be afforded documents received into evidence.

(10) Either party may request that the proceedings be taken and transcribed by a certified court reporter.

(11) All hearings shall be conducted on the date set for hearing; provided, however, that for good cause shown, a postponement may be granted in the discretion of the hearing officer, or the office of the city attorney may stipulate to a continuance. The purpose of hearings is to provide prompt resolution of matters and, accordingly, the request for and the grant of continuances shall be limited to the extent fairness permits.

(12) The city bears the burden of proof at hearings unless a code, ordinance or resolution states otherwise.

(13) The standard of proof to be used by hearing officers in deciding the issues at a hearing is the preponderance of the evidence unless a code, ordinance or resolution states otherwise.

(14) Each party shall have the opportunity to cross-examine witnesses and present relevant evidence in support of that party's case.

(15) The hearing officer shall issue orders, including final orders, in accordance with the controlling code, ordinance or resolution.

(e) A hearing officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a Florida court of law.

(Ord. No. 4153, § 4, 3-23-2009)

Secs. 26-104—26-120. - Reserved.

ARTICLE V. - SPECIAL ASSESSMENT LIENS FOR NUISANCE ABATEMENT AND PROPERTY MAINTENANCE, ETC.

Sec. 26-121. - Special assessment of costs relating to activities by the city to abate nuisances on real property.

(a) A special assessment district is hereby established within the city limits of the City of Sanford to provide that special assessments may be assessed against real property that is maintained by the city under the provisions of the codes and ordinances of the city if the owner of real property fails to maintain real property as required in this Code. Such activities for which assessments will relate include, but are not limited to, lot clearing and nuisance abatement.

(b) If real property is secured by locks or otherwise, the city shall have the authority to enter said property for purposes of maintaining the property and any additional costs incurred by the city in gaining access to the property or in re-securing the real property after property maintenance or nuisance abatement activities shall be considered assessable expenses of providing maintenance.

(c) Upon completion of the property maintenance or nuisance abatement activities by the city, the city shall mail an invoice to the real property owner requesting payment to the city for the actual costs of the completed maintenance or nuisance abatement in addition to administrative charges and fees in effect at the time of the mailing of the invoice. The real property owner shall pay the amount of the invoiced charges within 30 days of the invoice date.

(d) If the real property owner fails to pay the charges within 30 days, the city shall cause a resolution to be prepared designating the name and address of the owner, a description of the real property, and the charges to be assessed against the real property. The resolution shall be presented to the city commission by the city manager and, upon approval of the resolution by the city commission, the costs stated in the resolution shall be and constitute a municipal special assessment against the real property and shall be and remain a lien against the real property with priority over all other liens, save and except taxes. The assessment shall be payable at the time and in the manner as stated in such resolution. If not paid, a municipal special assessment lien document relating specifically to the property shall be recorded in addition to the recording of the resolution.

(e) Upon completion of the maintenance or nuisance abatement activities and the approval of the special assessment resolution by the city commission, the city manager shall cause to be published a notice directed to the property owners of the real property benefited by the city's maintenance or nuisance abatement activities which notice…