162 for code enforcement boards, with appropriate references to the magistrate instead. Susan Johnson-Velez, Senior Assistant City Attorney condition presents a serious threat to the public health, safety, and welfare so as The statutory scheme clearly contemplates that a special magistrate may step into the shoes of a code enforcement board to engage in the practices and utilize the tools available to effectuate local government code enforcement. The special master shall have the power to swear witnesses and take their testimony under oath, to issue subpoenas and other orders regarding the conduct of the proceedings.. Per F.S. 162.05, the board must be composed of either five or seven members depending on the size of the local government.4 While finding sufficient volunteers is not a difficulty for larger cities, it can be extremely challenging for smaller cities with a smaller pool of community members to fill the board vacancies. It is the responsibility of the violator to contact the citing department for a re-inspection when the violations have been corrected. Burglar False Alarms, Water Resources, and Natural Resources Regulations - Monthly, generally 1st Monday, 9 AM. However, without legal training, such volunteers may lack the legal skills necessary to conduct the code enforcement hearings, particularly during board discussion and imposition of penalty phases, which meet legal requirements. endstream endobj 429 0 obj <>stream Brandon Regional Service Center Tampa City Council Citizens Advisory Budget and Finance Committee, 2016; Community Involvement. 162 enable local governments to ensure compliance with any local code or ordinance.1 Local codes subject to enforcement action can include matters ranging from zoning violations, tree cutting, creation of nuisances, excessive noise, unsafe buildings, and nearly any other matter properly regulated in the local government code. In regard to terms of employment of a special magistrate, it is important to designate who within the local government has authority to hire or dismiss the magistrate. endstream endobj 431 0 obj <>stream the City Code. Manager, Citizen Boards Support Id. While seemingly of less importance than the broad legislative decisions discussed above, the details for provision of notifications must be set forth in the ordinance. ~ From the Rules Regulating The Florida Bar. See AGO 2002-78, AGO 2010-19, and AGO 2013-18 for analysis of dual-office holding prohibition in regard to code enforcement magistrates (also known as hearing officers.). art. The Order states the basic facts of the case, identifies the remedy, and gives the penalty if the violations are not corrected in the time allowed. It is a fortunate local government that maintains an operational, effective, and well-perceived code enforcement board. While the legislative alternative to engage a special magistrate is a highly useful option for local governments, such option will only be as functional as the local government code that establishes the process. 162.03 (2014) (Applicability. In drafting this type of ordinance, it is imperative to set a timeframe within which the alleged violator must make its selection of a board or magistrate hearing. Use this service for general correspondence to Code Enforcement. to bring said condition into compliance with the City Code and to charge the violator Code Enf. To report specific infractions select the link that most closely describes the situation: For all other inquiries that may affect the quality of life within the boundaries of the city, complete the form below. 10 Florida Bar certification in city, county, and local government law might also be made a requirement, or a hiring preference, as it would ensure that the magistrate has a firm understanding of city and county code enforcement. Notice of Cancellation and Rescheduling of the Public Hearing for November 9. If a code enforcement board is comparable to a jury, then the special magistrate is the judge of code enforcement procedures. Notice: In accordance with House Bill 60, passed July 1, 2021, anonymous complaints will no longer be accepted. Use this service for general correspondence to Code Enforcement. 13 For general discussion of extent of notice requirements, see City of Tampa v. Brown, 711 So. The operation of one (1) or more code enforcement boards ("CEB") and/or one or more Code Enforcement Special Magistrate/Code Enforcement Board (CESM/CEB) Community Affairs/Neighborhood Relations (Neighborhood Engagement/Mayor's University/Community Partnerships) Citizens Review Board (CRB) Historic Preservation Commission (HPC) Construction Services Natural Resources Ron Wigginton, Assistant City Attorney 352-629-city (2488) code enforcement special magistrate administrative hearing docket hearing information location: wednesday, march 30, 2022 . Subject: Special Magistrate Code Enforcement Hearings. Tell us what was confusing, missing or inaccurate about this page. APPELLATE OPINION This consolidated case is before the court to review two decisions of the Code 427 0 obj <>stream If the violations are not corrected within the time given, a fine per day may be assessed. As such, in codes in which the special magistrate is authorized, such magistrates should retain the same powers as a traditional code enforcement board, including the ability to call meetings, to determine if code violations exist, to establish penalties for violations, and to reduce fines. %PDF-1.5 Whenever possible, Magistrates should represent the following categories: Special Magistrates shall serve three year terms. 601 E. Kennedy Blvd. These tools established by Ch. 3 0 obj 162, the Local Government Code Enforcement Boards Act, the legislature expressly granted Florida cities and counties the power to enforce their codes through a variety of tools, including fines, abatement, and foreclosure. All rights reserved. 2012). After 30 days, all City of Tampa Civil Citations must be paid at the Clerk of the Circuit Court. As such, lack of attendance can prohibit a board from achieving quorum numbers and lead to cancellation of the scheduled meeting. The report providing information about the size, composition, health, and distribution of Tampas trees found canopy coverage of 30 percent of the citys total land area, its lowest point in 26 years. While a local government must appoint independent legal counsel to advise its code enforcement board, such legal counsel is merely advisory and cannot compel the board members to heed their advice. Survey results show that having a lot of trees in the city is either extremely important (70.4%) or very important (21.6%), suggesting that 92% of survey participants highly value the trees in the City. Tell us what was confusing, missing or inaccurate about this page. to exist. Ch. )I0 1PBY)##e The City presented the testimony of Laurie Tiberio, who lives next door to the subject property. The mayors announcement comes as a new, thorough assessment of Tampas citywide tree canopy coverage dropped by 2.3 percent since 2016. The operation of one (1) or more code enforcement boards ("CEB") and/or one or more code enforcement special magistrates ("CESM"), is authorized by F.S. Similarly, procedural due process standards should be maintained at the hearing. 6 Fla. Stat. 9-101. The first decision is whether such alternative process will use a special magistrate in lieu of a code enforcement board or serve as a supplement to the board. The value of trees in Tampa is almost immeasurable - the benefits for shade, flood prevention, water quality, air, and aesthetics - all make trees a critical city asset,said Whit Remer, City of Tampa's Sustainability & Resiliency Officer. In the special magistrate process, one individual, usually with legal training, conducts a public hearing regarding the alleged violation, renders a ruling, establishes fines, and conducts all other necessary processes for code enforcement. M?~y0|,Fk?t8=R6e8ee;#(#K8GCLcXAi&Q]eL-P1^Zsq]|aN=5X$P.45(y2(Ubu{|kz#5Su#~6Qxd PX9PjfRQ*?DJQ8,}Q?*Z%[Qr)YK%&;U=fc/G&K&*H[IB7m Z While we construe pro se pleadings liberally, "we do not have "license to . 286.011 (2014). For local governments concerned by a flawed code enforcement board system, the Florida Legislature has permitted alternative processes to be adopted. Such a board creates a public perception of fairness and competence for the local government and may save taxpayer funds. A special magistrate shall have the same status as an enforcement board under this chapter. References in this chapter to an enforcement board, except in s. 162.05, shall include a special magistrate if the context permits.). Mayor Castors tree initiative includes several elements: Mayor Castor said the 30,000 new trees will be a mix of shade, native, and specialty trees, and that maintaining and keeping healthy the existing canopy is as important as planting new trees. Article II. 4 The composition of a code enforcement board is established by Fla. Stat. Further, as civic-minded volunteers, the board members serve without compensation, allowing local governments to expend little in direct costs or staff time to ensure this vital aspect of local government is accomplished responsibly. 601 E. Kennedy Blvd. In order to investigate potential violations of codes and ordinances, the person making the complaint must provide his or her name and address. and HC Code of Ordinances and Laws, Chapter 14, Article II, Section 14. <> However, if the local government opts for less extensive notice provisions, it should still, at a minimum, including mailing via U.S. certified mail, return receipt requested, within a certain number of days prior to the hearing. In a similar vein, some cities and counties experience poor attendance rates by the volunteer members. In exercising such creativity, however, it is important to keep in mind that while the legislature has granted broad discretion to local governments in this arena, the legislature does not and cannot exempt local governments from compliance with common law and due process requirements. 4900 W. Lemon Street Ch. If you need an officer to respond to address a concern please call police dispatch at 813-231-6130. stream 2d 1188, 1189 (Fla. 2d DCA 1998). Explore more guides to help you find what you need. In establishing such an alternative system of code enforcement, it is vitally important that the local government ensure a process to maintain procedural and substantive due process protections. h\PK0+LM)'uV. x=ko8?e(i10;L$Ks[k*>DIdL jd]Rz\7?\l}~j6_,o4^_^W/?G1+@~?}E$"H(.GTO?>6d~Y 6 ^5@s9lL>:usBf-|a?tQ-K&$=nVKm`w8F7Zj?^m[-u}[6$C=io? March 9, 2017 Mr. Lonnie N. Groot 1001 Heathrow Park Lane . 14 enforce its ordinances and city codes through the use of Code Enforcement 15 Special Magistrates and Code Enforcement Boards; and 16 17 WHEREAS, the City of Tampa has chosen to enforce its City Code 18 provisions and City ordinances through the use of Code Enforcement Special (c) 11 Fla. Const. Commercial Vehicles in a Residential Zone After 90 days from the Order recordation, the case is sent to the County Attorney's Office for enforcement of the lien. The Code Enforcement Board (CEB) and the Code Enforcement Special Magistrates (CESM) are quasi-judicial bodies comprised of citizens of unincorporated Hillsborough County, appointed by the Board of County Commissioners to serve three year terms, and serve as volunteers with no compensation. Aggressively enforce existing laws and maximize fines for illegal tree destruction where appropriate. junk, trash, debris) Overgrown Lots or Yards Additionally, the author recommends a minimum practice period of five years, preferably in fields related to government or real estate law.10. Code Enforcement General Inquiries Use this service for general correspondence to Code Enforcement. Use this service for questions about paying City of Tampa Code Enforcement Civil Citations online within 30 days after citation issuance. Although as noted above, there is a perception of cost-savings by use of a volunteer board, one must keep in mind that F.S. Continue the Mayors Tree Giveaway, providing residents with 1,000 free trees annually. Karen Zagrodny Consalo is a partner with the Consalo Law Firm, P.A., and serves as the code enforcement special magistrate for the Town of Oakland. More complex matters, such as inappropriate use of land or allegations of slum or blight, would be designated to the special magistrate. "I am enlisting everyone - city government, individuals, businesses, neighborhood groups for this crucial mission, because Tampa's tree canopy needs help. Launch a new voucher program to encourage and help people buy trees from local nurseries. art. The CEB and CESMs shall have the authority to make a determination whether a property an ordinance of the city of tampa, florida, relating to street cafe, making revisions to city of tampa code of ordinances, chapter 27 {zoning and land development); amending section 27-43, definitions; amending section 27- 127, classes of special use permits; agent or body responsible for each general procedure; providing for repeal of all ordinances or parts of ordinances in . The City of Tampa Neighborhood Enhancement Division (formerly Code Enforcement & Clean City Divisions) enforces all non-criminal city ordinances, codes, and regulations. (1) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided herein. Members of a code enforcement board rarely are required to have any legal training or special knowledge of the local zoning codes. 16th Floor Explore more guides to help you find what you need. The ordinance should also include a default assignment of the case in the event the alleged violator fails to timely make the selection. endobj department to make all reasonable repairs or take all reasonable action necessary However, notice is a significant part of any code enforcement proceedings, including notice of the alleged violations, notice of hearing dates and times, notices of failure to comply, final orders, etc. Alternatively, when both a special magistrate and a code enforcement board will be maintained, the ordinance may allow the alleged violator to decide whether the hearing will be conducted by the magistrate or the board. junk, trash, debris), Health Related Licenses and Permits (State of Florida), Re-Zonings, Variances to Regulations and Special Uses, Public Records Search (Hillsborough County Clerk of the Circuit Court), Arrest Inquiry (Hillsborough County Sheriffs Office), Jail Inquiry (Hillsborough County Sheriffs Office), Warrant Inquiry (Hillsborough County Sheriffs Office), Property Tax Records (Hillsborough County), Vital Records - Birth, Death, Divorce, Marriage (State of Florida Dept of Health). Per 163.3215(f), the magistrate must be an impartial special master who is an attorney who has at least five years experience and who shall, at the conclusion of the hearing, recommend written findings of fact and conclusions of law. 2d 1002 (Fla. 1999). In order to view PDF documents, you'll need to download Free Adobe Acrobat. As with many elements of the drafting process, the simplest method for assignment of powers to the special magistrate will be to simply reiterate the powers set forth in Ch. Phone: Rather, the statutory criteria to serve on a code enforcement board is simply a desire to serve on the board and appointment by the appropriate government officials. 2d 598, 599-600 (Fla. 5th DCA 2003); Massey v. Charlotte Co., 842 So. However, there are several drawbacks to the use of community volunteer boards to effectuate code enforcement. The local governing body of a county or a municipality that has a population equal to or greater than 5,000 persons must appoint seven-member code enforcement boards.). Alternative Strategies for Code Enforcement and Use of Special Magistrates I, as it may be amended from time to time. In that regard, an alternative code enforcement ordinance may simply make reference to the rules of civil procedure and rules of evidence as guiding but not mandatory documents. For example, a code may establish a process whereby simple violations, such as overgrowth of weeds or inappropriate vehicle parking, is directed to a code enforcement board. (2) A charter county, a noncharter county, or a municipality may, by ordinance, adopt an alternate code enforcement system that gives code enforcement boards or special magistrates designated by the local governing body, or both, the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances. endstream endobj 432 0 obj <>stream 12 See Kupke v. Orange Co., 838 So. 2 0 obj Tampa has been a nationally recognized Tree City for 41 years, and its tree ordinance requires an assessment of the tree canopy and urban forest every five years, with todays results reflecting data collected in 2021. (813) 274-8996, Search Code Enforcement Liens and Utility Balances (Conduits), Variance Review Board (VRB) and Appeals to Council, FLUEDRA (Bert Harris Private Property Rights Act)Petitions, Architectural Review Commission (ARC) and Appeals to Council, Barrio Latino Commission (BLC) and Appeals to Council, FLUEDRA (Bert Harris Private Property Rights Act) Petitions, Development Agreements/Annexation Agreements, Petitions for Review to Council from Staff Decisions, Neighborhood Enhancement/Code Enforcement, Code Enforcement Special Magistrate/Code Enforcement Board (CESM/CEB), Community Affairs/Neighborhood Relations (Neighborhood Engagement/Mayors University/Community Partnerships), Real Estate (Land Sales except for acquisitions). Further, 162.05(e) includes mandatory disqualification of code board members who miss two of three meetings without statutory justification, which may lead to the board itself having insufficient membership to even call a meeting. It is important to establish parameters around such communications to protect the integrity of the process. Section 162.03 directly contemplates enforcement by a special magistrate by first allowing a local government to abolish a local government board and then allowing such government to adopt an alternate code enforcement system that gives code enforcement boards or special magistrates designated by the local governing body, or both, the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances. This section further specifies that any special magistrate shall have the same status as an enforcement board under this chapter and notes that most references within the act to an enforcement board shall be considered to apply to a special magistrate, context permitting.7, Reinforcing this legislative intent to grant local governments authority to replace or supplement a local volunteer board with a special magistrate is found in F.S. 162.12 establishes an extensive list of various types of notice that should be attempted, including mailing, posting, and publication. Annual financial disclosure is required. Tampa, FL 33602 Tampa, FL 33602 city of ocala code enforcement division 201 se 3rd street (2nd floor) ocala, fl 34471 . Once up and running, the well-drafted alternative code enforcement process can quickly reverse perception of an unfair or ineffective code enforcement program and result in more enforceable code enforcement orders. Commercial Vehicles in a Residential Zone, Zoning Violations (e.g. the reasonable cost of the repairs or action along with any fine imposed pursuant endstream endobj 428 0 obj <>stream The presence of four or more members shall constitute a quorum of any seven-member enforcement board, and the presence of three or more members shall constitute a quorum of any five-member enforcement board.). Box 2200 F.S. This Florida statute provides the legal procedures by which a special magistrate presides over the quasi-judicial code enforcement process and identifies the special magistrate's powers and duties. Another technical, but important, concern is whether ex parte communications will be permitted, and if so, under what framework. Such occurrences tend to waste the time of the board members who did attend, as well as local government staff, citizens with alleged violations, and community members in attendance. junk, trash, debris) Explore more guides to help you find what you need. We review de novo a district court's dismissal under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, accepting the complaint's factual allegations as true and construing them in the light most favorable to the plaintiff.Butler v. Sheriff of Palm Beach Cnty., 685 F.3d 1261, 1265 (11th Cir. All rights reserved. If such authority will be shared, it is important to clearly delegate the powers between the two entities. Building Board of Adjustment, Appeals & Examiners, Code Enforcement Special Magistrate (CESM), Cross Connection and Backflow Control Board, Law, Codes, Enforcement, Construction and Land Use, Burglar False Alarm Ordinances and Land Development Program, Zoning Signs and Minimum Standards Ordinances, Vehicle for Hire and Trespass Towing Ordinances, Community Codes - Monthly, generally 2nd Monday, 9 AM. The CESMs are authorized to hear and review the appeals of orders entered by City Appeals of the code enforcement orders must be filed in Circuit Court within 30 days from the code board order date. After two consecutive terms, a Magistrate shall not be eligible for reappointment until one calendar year has elapsed from date of termination of the second term. 162.03 places no limitations upon the creativity of a city or county in establishing a process that works best for that jurisdictions individual needs, such as population, budget, and extent of code enforcement needs. Some local governments, particularly smaller cities, run into difficulty in consistently filling these volunteer positions.