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54741 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 G1 of Boca Rc7t IT1COrporated 1925 ORDINANCE 5474 Revised 11-14-2018 AN ORDINANCE OF THE CITY OF BOCA RATON AMENDING SECTION 9-60, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES," ARTICLE IV, CHAPTER 9, CODE OF ORDINANCES, TO PROVIDE FOR THE ENFORCEMENT OF THE CODE OF ORDINANCES BY ISSUANCE OF CITATIONS BY CODE ENFORCEMENT OFFICERS DIRECTLY TO INDIVIDUAL VIOLATORS; PROVIDING FOR PROCEDURES FOR THE ISSUANCE OF SUCH CITATIONS; PROVIDING PROCEDURES TO CONTEST CITATIONS; SETTING FORTH MINIMUM AND MAXIMUM CIVIL PENALTIES FOR VIOLATIONS ENFORCED PURSUANT TO SUCH CITATIONS, INCLUDING CONTESTED CITATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE (AM -18-03/18-92500014) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, currently fines for violation of the Code of Ordinances are assessed solely by a special magistrate after hearing; and WHEREAS, in order to improve the efficiency and effectiveness of code enforcement procedures, the City Council desires to amend the Code of Ordinances to authorize code enforcement officers to issue citations for certain violations of the Code of Ordinances, to set forth minimum and maximum civil penalties for violations enforced through the issuance of citations, and setting forth procedures to contest such citations; and WHEREAS, the City Council, after notice and public hearing, has considered the proposed amendments to the Code of Ordinances, and all public comments; and WHEREAS, the City Council finds the proposed amendments to the Code of Ordinances are consistent with the City of Boca Raton Comprehensive Plan; and WHEREAS, the City Council desires to amend the Code of Ordinances in order to incorporate the above referenced amendments to provide for the issuance of citations by code enforcement officers, to set forth minimum and maximum civil penalties for violations enforced through the issuance of citations, and setting forth procedures to contest such citations; now therefore THE CITY OF BOCA RATON HEREBY ORDAINS: Section 1. Chapter 9, "Miscellaneous Offenses," Article IV, "Supplemental Code Enforcement Procedures," Section 9-60, "Supplemental Code Enforcement Procedures," Code of Ordinances, is hereby amended to read: Sec. 9-60. - Supplemental code enforcement procedures. (1) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 "Code enforcement sse officer" " shall mean those employees or other agents of the city duly authorized and appointed by the city manager whose duty it is to assure code compliance, enforce the city codes and to present code violations to the special magistrate seURtyr- seUFt. - - - "Repeat violation" shall mean a violation of a provision of the Code of Ordinances by a person who has previously been found., through a special magistrate or other quasi-judicial or judicial process to have violated, who has failed to contest a citation for violating, or who has admitted violating, the same provision within 5 years prior to the violation, notwithstanding the violations occur at different locations. W "Violator" shall mean the person responsible for the code violation, which, in the appropriate circumstances, may either be the perpetrator of the violation or the owner of the real Property upon which the violation occurred. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (2) Supplemental procedures. Enforcement of the following provisions of the Code of Ordinances pursuant to the T -#e provisions of this article shapte is hereby authorized: (a) section 4-2, "Hours of operation:" (b) section 5-39, "Number restricted;" (c) section 7-26, "Codes—Adopted;" (d) section 10-1, "Maintenance of lots, structures:" (e) section 10-27, "Litter, untended vegetation and stagnant water — Prohibited, declared public nuisance;" (f) section 10-54, "Creation of excessive noise unlawful;" (q) section 10-55, "Noise from buildings or premises;" (h) section 10-60(1), "Animal noises;" (i) section 10-118, "Storing, parking or leaving on private property;" (i) section 13-1, "Distribution of handbills, other printed material;" (k) section 14-7, "Precollection procedures—generally; (1) section 14-20, "Prohibited activities;" (m) section 18-46, "Required;" (n) section 19-168, "Impact of construction:" (o) section 19-169, "Site debris;" (p) section 19-170, "Site debris and construction material storage upon declaration of a hurricane warning;" (q) section 24-6, "Unlawful signs, sign structures;" (r) section 25-255, "Personal property permitted in swale areas; standards for placement;" 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (s) section 28-720(d), "Outdoor storage of motor vehicles, except as permitted herein;" (t) section 28-720(e), "Outdoor storage of any kind" (u) section 28-721, "Conformance_;" (v) section 28-1266, "Adopted;" (w) section 28-1311, "Accessory garage sales" (x) section 28-1328, "Performance standards;" (y) section 28-1507, "Certain motor vehicles, trailers prohibited in residential districts" (z) section 28-1509, "Permitted parking in residential districts" (aa) section 28-1532, "Outdoor display of merchandise" and (bb) section 28-1651, "Unlawful elimination of required parking or landscaping." The provisions of this article shall be are an additional and supplemental means of enforcing city Gedes provisions of the Code of Ordinances as enumerated herein Any provision of the Code of Ordinances specifying that the special magistrate has jurisdiction to enforce a particular section shall not preclude enforcement of such section pursuant to this article, provided that enforcement of such section is authorized herein. Nothing shall preclude the city from employing, enacting and utilizing any other means, methods, procedures and penalties provided by state or local law for the enforcement of its codes 9F ordinanGs. (3) Procedures for issuing citations. (a) A code enforcement officer is authorized to issue a citation to a violator pemen when, based upon personal investigation, the code enforcement officer has reasonable cause to believe that the person has committed a siVil frastien-i violation of any provision enforceable under this section a duly enaGted Gode 9F eFdinaRGe. (b) Prior to issuing a citation, a code enforcement officer may sha4 provide notice to the violator that the violator has committed a violation of a-1 eviaie+� e -the code ewe and, 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 if such notice is issued, shall establish a reasonable time period, in light of the nature of the violation, within which the violator per -son must correct the violation. Provided, however, a code enforcement officer shall not issue a notice prior to issuance of a citation and shall immediately issue a citation, where a repeat violation is found, or where the code enforcement officer has reason to believe that the violation presents a serious threat to the public health safety or welfare Sur -,h firne peFied shall be ne feweF than 5 days; pFevided, howeveF, OR the Gase ef a vielatiOR Of (c) Service of the citation to the violator shall be as follows: 1. Whenever possible, the code enforcement officer shall hand deliver the citation directly to the violator, who shall be required to provide identification to the code enforcement officer upon request. 2. Otherwise, service of the citation may be provided to the alleged violator by: a. Certified mail to the address listed in the tax collector's office for tax notices or to any other address provided by the property owner in writing to the city for the purpose of receiving 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 notices. For property owned by a corporation notices may be provided by certified mail to the registered agent of the corporation; or b. For those violations involving the location of a motor vehicle recreational vehicle boat or trailer, posting the citation conspicuously on the motor vehicle recreational vehicle boat or trailer; or C. Leaving the citation at the 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 notice; or d. In the case of commercial premises leaving the citation with the manager or other person in charge. 3. Evidence that an attempt has been made to hand deliver or mail citation as provided in subsections (3)(c)(1) or (2) above shall be sufficient to show that the notice requirements of this division have been met, without regard to whether or not the violator actually received such notice. (4) Information required for issuance of citation. A citation issued by a code enforcement officer shall state and contain the following information: (a) The date and time of issuance; (b) The name and if known address of the person to whom the citation was issued; (c) The date and time the violation was committed or observed; (d) The facts constituting reasonable cause; (e) The number or section of the code OF eFdiRaRGe violated; (f) The name and authority of the code enforcement officer; 7 7 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (g) The minimum civil penalty and the procedure for the violator pefsee to follow if the violator elects is-erde to pay the minimum civil penalty_ (h) A conspicuous statement that payment of the minimum civil penalty does not relieve the violator of the obligation to comply with the code. (i) The procedure for the violator to follow if the violator elects eF to contest the citation, including the address to which a request to contest the citation is to be sent the applicable maximum civil penalty, and the time limitation to contest the citation; ( j) A conspicuous statement that if the violator peFGGR fails to pay the minimum civil penalty or contest the citation as otherwise provided in this section, within the time allowed, of , the violator peF69n shall be deemed to have admitted the violation waived his or heF Fight tO GORt96t the Gitation and that, in SUGh Gase, judgment may (5) Procedure upon issuance of citation. (a) A violator who has been served with a citation pursuant to this section shall elect either to: i. Pay the minimum civil penalty in the manner indicated on the notice: or ii. Contest the citation by filing the request in writing to the address specified on the citation within 10 calendar days from issuance of the citation (if the last day to contest the citation is on a day that the City offices are not open for regular business, then the time shall be extended to the next day that the City offices are open for regular business). (b) If the violator fails to either (i) pay the minimum civil penalty or (ii) contest the citation within the time specified in subsection (5)(a)ii, then the violation will be deemed admitted. C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (c) Upon receipt of a violator's timely request to contest a citation the matter shall be Iset for hearing before a special magistrate and shall be subject to the Procedures set forth in Sections 2-116 through 2-123. (d) Notice of the administrative hearing shall be provided to the violator in accordance with section 2-123. (65) Civil penalties. (a) Any violation enforced pursuant to this section these is a civil infraction. the case of a contested citation the special magistrate may impose civil penalties as provided in section 2-121. (c) Any violator persen who haS GGFRFRitted a GOVOI infFartion and does not contest a the citation issued pursuant to this section and instead elects to pay the minimum civil penalty provided on the face of the citation shall not be assessed any additional civil penalty' (df) Civil penalty for uncontested citations Vis. The minimum civil penalties for URGO tested--violations—s# MURiGipal GrdiRaRGes enforced pursuant to this section shall be established by the city council by resolution. Q7 4 5 6 7 8 9 10 11 12 13 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Section 2. If any section, subsection, clause or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 3. All ordinances and resolutions or parts of ordinances and resolutions and all sections and parts of sections in conflict herewith shall be and hereby are repealed. Section 4. Codification of this ordinance in the City Code of Ordinances is hereby authorized and directed. Section 5. This ordinance shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Boca Raton this -'I i�L day of , 2018. ATTEST: T�^ Susan S. Saxton, City Clerk CITY OF BOCA RATON, FLORIDA "4, Approved as to form: COUNCIL VOTE YES NO ABSTAINED MAYOR SCOTT SINGER DEPUTY MAYOR JEREMY RODGERS COUNCIL MEMBER MONICA MAYOTTE COUNCIL MEMBER ANDREA LEVINE O'ROURKE COUNCIL MEMBER ANDY THOMSON 11