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O-449-82 ORDINANCE NO. 449-82 AN ORDINANCE AMENDING SECTIONS 2-22, 2-24, 2-26 AND 2-27 INCL. , OF THE CODE OF ORDINANCES QF MIAMI SHORES VILLAGE, TO COMPLY WITH CHANGES REQUIRED V CH. 82-37, F.S. , IN REGARD TO LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS. BE IT ORDAINED BY MIAMI SHORES VILLAGE: SECTION I: Sections 2-22, 2-24, 2-26 and 2-27 incl. ,of the Code Ordinances-dfMiami Shores Village read as follows: Section 2-22. CODE ENFORCEMENT BOARD (a) There is hereby created and established a code enforcement board to enforce the occupational license, building, fire, zoning, sign and other related codes and ordinances which board shall consist of six (6) members appointed by the Village council for three (3) year terms, except as set forth herein. Appointments shall be made on the basis of experience or interest in the fields of zoning and building control . The membership of the enforcement board shall , whenever possible, consist of an architect, a businessman, an engineer, a general contractor, a subcontractor, and a realtor, but shall not be limited to these professions if there are no such qualified persons available. (b) The initial appointments to the enforcement board shall be as follows: (1) Two (2) members appointed for a term to end on September 30, 1981 . (2) Two (2) members appointed for a term to end on September 30, 1982. (3) Two (2) members appointed for a term to end on September 30, 1983. Upon expiration of initial terms, subsequent appointments for three years shaT.1 be made. Any member may be re-appointed by the Village council . Appointments to fill a vacancy shall be for the remainder of the unexpired .terTn. Any member who fails to attend two of three successive meet- ings without cause and without prior approval of the Chairman, shall automatically forfeit his appointment,and the Village Council shall promptly fill such vacancy for the remainder of the term. (c) Members of the enforcement board shall elect a chairman. The presence of four (4) or more members shall constitute a quorum. Members shall serve without compensation, but may be reimbursed for such travel , mileage, and per them expenses as may be authorized by the Village Council . Section 2-24. CONDUCT OF HEARING (a) The chairman of the board may call hearings of the board. Hearings may also be called by written notice signed by at least three (3) members of the board. The board, at any hearing, may set a future hearing date. The board shall attempt to convene no less frequently than once every two (2) months, but may meet more or less often as the demand necessi- tates. The Village Council shall provide clerical and adminis- trative personnel as may be reasonaly required for the proper performance of the boards duties. (b) Each case before the board shall be presented by the city attorney or by a member of the administrative staff of the municipality. (c) The board shall proceed to hear the cases on the agenda for the date. The board shall take testimony from the code inspector and alleged violator. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern said proceedings. (d) At the conclusion of the hearing, the board shall issue findings of fact based on evidence and conclusions of law and shall issue an order affording the proper relief consistant with powers granted heyein. The findings shall be by motion approved by a majority of those present and voting, except that at least three (3) members of the board must vote for the action to be official. The record shall be presented to a court if the order is appealed. Section 2-26. FINES The enforcement board, upon notification by the code inspector that a previous order of the board has not been complied with by the set time, may order the violator to pay a fine not to exceed FIVE HUNDRED and no/100 DOLLARS ($500.00) for each day the violation continues passed the date set for compliance. A certified copy of an order imposing a fine may be recorded in the Public Records and thereafter shall constitute a lien against the land on which the violation exists. After one (1 ) year from the filing of any such lien which remains unpaid, the board may authorize the city attorney to foreclose on the lien. Section 2-27. APPEALS An aggrieved party may appeal a ruling or order of the enforcement board by certiorari to the Circuit Court. An appeal shall be filed within thirty (30) days of the date of the written order appealed. SECTION II: Sections 2-22, 2-24, 2-26 and 2-27 inclusive, of the Code of Ordinances of Miami Shores Village, be and the same are hereby am I ended to read as follows: Section 2-22. CODE ENFORCEMENT BOARD (a) There is hereby created and established a code enforcement board to enforce the occupational license, building, fire, zoning, sign and othbr related codes and ordinances which board shall consist of seven (7) members appointed by the Village Council for three (3) year terms, except as set forth herein. Appointments shall be made on the basis of experience or interest in the fields of zoning and building control . The membership of the enforcement board shall , whenever possible, include an architect, a businessman, an engineer, a general contractor, a subcontractor, and a realtor, but shall not be limited to these professions if there are no such qualified persons available. (b) The initial appointments to the enforcement board shall be as follows: (1) Two (2) members appointed for a term to end on September 30, 1981 . (2) Two (2) members appointed for a term to end on September 30, 1982. (3) Two (2) members appointed for a term to end on September 30, 1983. (4) For the membership created in 1982, one (1 ) member shall be appointed for a term to end on September 30, 1984. Upon expiration of initial terms, subsequent appointments for three years shall be made. A member may be re-appointed for one successive term by the Village Council . Appointments to fill a vacancy shall be for the remainder of the unexpired term. If any member fails to attend two of three successive meetings without cause and without prior approval of the Chairman, the Board shall declare the member's office vacant, and the Village Council shall promptly fill such vacancy for the remainder of the term. 2 (c) The members of the enforcement board shall elect a chairman from among its members. The presence of four (4) or more members shall constitute a quorum. Members shall serve without compensation, but may be reimbursed for such travel , mileage, and per them expenses as may be authorized by the Village Council . Section 2-24. CONDUCT OF HEARING. (a) The chai man of the board may call hearings of the board. Hearings may also be called by written notice signed by at least three (3) members of the board. The board, at any hearing, may set a future hearing date. The board shall convene no less frequently than once every two (2) months, but it may meet more or less often as the demand necessitates. The Village Council shall provide clerical and administrative personnel as may be reasonably required for the proper perform- ance of the board's duties. (b) Each case before the board shall be presented by the city attorney or by a member of the administrative staff of the municipality. (c) The Board shall proceed to hear the cases on the agenda for the date. The board shall take testimony from the code inspector and alleged violator. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern said proceedings (�) At the conclusion of the hearing, the board shall issue findings of fact based on evidence and conclusions of law and shall issue an order affording the proper relief consistant with powers granted herein. The findings shall be by motion approved by a majority of those present and voting, except that at least four (4) members of the board must vote for the action to be official . Section 2-26. (a) FINES The enforcement board, upon notification by the code inspector that a previous order of the board has not been complied with by the set time, may order the violator to pay a f i ne not to exceed Two Hundred and Fi fty Dol 1 ars ($250.00) for each day the violation continues passed the date set for compli- ance. A certified copy of an order imposing a fine may be recorded in the Public Records and thereafter shall constitute a lien against the land on which the violation exists or, if the violator does not own the land, 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 the personal property, but shall not be deemed otherwise to be a judgment of a court except for enforcement purposes. After one (1) year from the filing of any such lien which remains unpaid, the board may authorize the city attorney to foreclose on the lien. (b) DURATION OF LIENS. No lien provided by this ordinance shall continue for a longer period than two (2) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. Section 2-27. APPEALS. An aggrieved party, including Miami Shores Village, may appeal a final administrative order of the enforcement board to the Circuit Court. An appeal shall be filed within thirty (30) days of the date of the written order appealed. - 3 - SECTION III This ordinance shall take effect upon adoption. PASSED on first reading this 16th day of November 1982. PASSED AND ADOPTED on second reading this 7th day of December 1982. Robert J. Lodgy/// Mayor ATTEST: —Ile Village Clerk Approved as to form: Vi 11 age Attorney -4-