Chapter 91 - MUNICIPAL CODE ENFORCEMENT BOARD

Sec. 90.105. - Library-related grants. Chapter 92 - UNIFORM COMMUNITY DEVELOPMENT DISTRICTS Chapter 91 - MUNICIPAL CODE ENFORCEMENT BOARD[1]

Footnotes: --- (1) ---

Cross reference— Code enforcement citations, Ch. 609.

State Law reference— Administrative agencies not to impose penalties except as provided by law, Fla. Const. Art. I, § 18; code enforcement boards, F.S. § 162.01 et seq.

Sec. 91.101. - Municipal Code Enforcement Boards established; membership.

There are hereby established one or more Municipal Code Enforcement Boards (each of such boards to be hereinafter referred to as Board). Each Board shall consist of seven members and up to two alternate members to be appointed by the Mayor and confirmed by the City Council. There shall be at least one Board serving and functioning in each of the six planning districts as set forth in the City of Jacksonville Comprehensive Plan 2010. Each Board, as it is established by confirmation of its members, shall be known and referred to as Municipal Code Enforcement Board Planning District (designate number of the district). Cases arising in one planning district may be assigned to a Board serving another planning district to ensure timely processing of cases, as well as to equalize distribution of cases among the Boards. Alternate members may serve on the Board in the absence of Board members. All Boards so established shall have concurrent jurisdiction over the Ordinance Code Chapters set forth in this Chapter and shall be subject to the provisions as set forth in Sections 91.102 through 91.110. Reference to the Board in this Chapter shall apply to each Board established pursuant to this Section. All members of a Board shall be residents of the City and shall reside or work in their Board's Planning District and shall serve without compensation, but may be reimbursed for such travel, mileage and per diem expenses as may be authorized by the City Council or as otherwise provided by law. The membership of each Municipal Code Enforcement Board shall, whenever possible, include:

(a)

An architect registered in the State and licensed in Duval County;

(b)

A business person licensed in Duval County;

(c)

An engineer registered in the State and licensed in Duval County;

(d)

A general, building or residential contractor certified in the State and licensed in Duval County;

(e)

A registered real estate broker registered in the State and licensed in Duval County;

(f)

A subcontractor certified or registered in the State and licensed in Duval County;

(g)

A homemaker.

(Ord. 87-1486-838, § 1; Ord. 89-1150-630, § 1; Ord. 96-458-297, § 2; Ord. 2005-477-E, § 1)

Sec. 91.102. - Terms.

(a)

Appointments to the Municipal Code Enforcement Board shall be for three-year staggered terms. Once appointed, the members of the Board shall continue in office until the expiration of their terms of office, or until they are reappointed and confirmed or until their successors have been appointed and confirmed. A member may be reappointed by the Mayor upon confirmation by the City Council.

(b)

Any member who fails to attend two of three successive meetings without cause and without prior approval of the chairman of the Board shall automatically forfeit his appointment and the City Council shall promptly fill such vacancy. Vacancies shall be filled by appointment by the Mayor and approval of the City Council for the respective unexpired term of office.

(Ord. 87-1486-838, § 1; Ord. 89-1150-630, § 2; Ord. 92-1085-754, § 1)

Sec. 91.103. - Organization.

(a)

The members of the Municipal Code Enforcement Board shall elect from among the members of the Board a vice-chairman who shall preside in the absence of the chairman.

(b)

Meetings of the Board shall occur at least once every two months, but the Board may meet more often as deemed necessary. Special meetings of the Board may be convened by the chairman upon the giving of notice thereof to each other member of the Board. Notice of a special meeting shall be given at least 24 hours prior thereto.

(c)

Minutes shall be maintained of all hearings held by the Board, and all hearings shall be open to the public. The Neighborhoods Department shall provide clerical and administrative personnel, including a "Secretary to the Board," as may be reasonably required by the Board for the proper performance of its duties. The Secretary to the Board shall provide such services as may be set forth in this Chapter or as may be necessary to implement the purposes of this Chapter. An attorney shall be appointed by the General Counsel to act as counsel for the Board, attend all meetings of the Board and to assist the Board in the conduct of its hearings. A City official of the Department responsible for enforcement of the Ordinance Code Chapter, which is the subject matter for the case before the Board, shall present that case to the Board.

(Ord. 87-1486-838, § 1; Ord. 93-1984-1111, § 1; Ord. 97-679-E, § 9; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 91.104. - Jurisdiction.

(a)

The Code Enforcement Board shall have the jurisdiction and authority to hear and decide alleged violations of any code or ordinance in force and effect in the City.

(b)

Repeat violation means a violation of a provision of an ordinance or the Ordinance Code by a person who has been previously found through a code enforcement board or any other quasi-judicial or judicial process to have violated or who has admitted violating the same provision within five (5) years prior to the violation, notwithstanding the violations occur at different locations.

(c)

The jurisdiction of the Municipal Code Enforcement Board shall not be exclusive. Any alleged violation of any of the aforesaid codes and ordinances may be pursued by appropriate remedy in court or as otherwise provided by ordinance or by statute at the option of the administrative official whose responsibility it is to enforce that respective code or ordinance.

(d)

The Mayor or his designee may appoint one or more Special Magistrates who may exercise any and all authority granted to the Boards under this Chapter. References in this Chapter to an Enforcement Board shall include a Special Magistrate if the context permits, pursuant to the authority granted by F.S. Ch. 162.

(Ord. 87-1486-838, § 1; Ord. 89-1150-630, § 3; Ord. 93-1984-1111, § 1; Ord. 2000-301-E, § 1; Ord. 2008-1090-E, § 1)

Sec. 91.105. - Procedure; notice and hearings.

(a)

Except as provided in subsections (c) and (d) of this Section, if a violation of a code or ordinance is believed to exist, a member of a department of the City whose responsibility it is to enforce the code or ordinance shall notify the violator and give such violator a reasonable time to correct the violation.

(b)

Should the violation continue beyond the time specified for correction, the City official shall notify the Board in writing providing the name(s) and address(es) of the violator(s), the Code provision involved and a short factual statement for the belief that a violation exists and request a hearing. The Municipal Code Enforcement Board, through its clerical staff, shall schedule a hearing and written notice of such hearing shall be delivered to the alleged violator in any manner provided by F.S. § 162.12, as that Section may be amended from time to time. After notice of any hearing is served, if the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the City official, the case may be presented even if the violation has been corrected prior to the hearing, and the notice shall so state.

(c)

If a repeat violation is found, the City official shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The City official, upon notifying the violator of a repeat violation, shall notify the enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to F.S. § 162.12. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. If the repeat violation has been corrected, the code enforcement board retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his rights to this hearing and pay such costs as determined by the code enforcement board.

(d)

If the City official has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety and welfare, or if the violation is irreparable or irreversible in nature, the City official shall make a reasonable effort to notify the violator and may immediately notify the Municipal Code Enforcement Board and request a hearing.

(e)

At any hearing, the burden of proof shall be upon the City official to show by a preponderance of the evidence that a violation does or did exist. Assuming proper notice of the hearing has been provided to the violator as provided herein, a hearing may proceed in the absence of the violator. All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form.

(f)

Any member of the Board, the Special Magistrate, the attorney appointed to represent the Board, the alleged violator, or his attorney, and the person presenting the case to the Board shall be permitted to inquire of any witness before the Board.

(g)

At the conclusion of any hearing, the Municipal Code Enforcement Board or Special Magistrate shall issue findings of fact based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. If the hearing is for noncompliance of a prior board order or for a repeat violation, the order may also include the imposition of an administrative fine pursuant to Section 91.107, with a period for payment of such fine to the Tax Collector set forth therein, or it may include both an additional period for compliance and imposition of an administrative fine. The order shall be stated orally at the meeting, and shall be reduced to writing and mailed to the violator within 14 days after the hearing. In any hearing before the Board, the order shall be by motion approved by a majority vote of the members present and voting, except that at least four members must vote in order for the action to be official. An initial order may include a notice that it must be complied with by a specific date and that a fine may be imposed and, under the conditions specified in Section 91.107(a), the cost of repairs may be included along with the fine if the order is not complied with by such date; in addition, an initial order may impose reasonable costs of prosecution if the department responsible for enforcement of the ordinance Chapter prevails in a case before the Board.

(h)

A certified copy of such order may be recorded in the Duval County public records and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings, including any finding of a violation therein, shall be binding upon the violator and any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the Board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance; however, the violator may request a hearing on compliance.

(i)

If the owner of property which is subject to an enforcement proceeding before an enforcement board, Special Magistrate, or court, transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall:

(1)

Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee.

(2)

Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor.

(3)

Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding.

(4)

File a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer.

A failure to make the disclosures described in paragraphs (i)(1)(2) and (3) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held.

(Ord. 87-1486-838, § 1; Ord. 89-1150-630, § 4; Ord. 93-1984-1111, § 1; Ord. 94-838-446, § 1; Ord. 2000-301-E, § 2)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 91.106. - Powers.

The Municipal Code Enforcement Board/Special Magistrate shall have the power to:

(a)

Adopt rules for the conduct of its hearings.

(b)

Subpoena alleged violators and witnesses to hearings. Subpoenas may be served by the Sheriff.

(c)

Subpoena evidence to its hearings.

(d)

Take testimony under oath.

(e)

Issue orders having the force and effect of law to command whatever steps are necessary to bring a violation into compliance.

(Ord. 87-1486-838, § 1; Ord. 89-1150-630, § 5; Ord. 93-1984-1111, § 111; Ord. 2000-301-E, § 3)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 91.107. - Penalties—Administrative fines; costs of repairs; liens.

(a)

The Board, upon notification by the City official that an order of the Board has not been complied with by the time set or, upon finding that a repeat violation has been committed, may order the violator to pay an administrative fine in an amount specified by this Section for each day the violation continues past the date set by the Board for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector, or in the case of a repeat violation which is irreparable or irreversible in nature, for each violation that occurs. In addition, if the violation is a violation described in Section 91.105(d), the Board shall notify the department responsible for enforcement of the Ordinance Code Chapter, and such department, for and on behalf of the City, may make all reasonable repairs which are required to bring the property into compliance and the Board shall charge the violator with such cost of repairs along with any fine imposed pursuant to this Section. Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed in good faith. No notice or hearing shall be necessary for the Board to record a lien for nonpayment of an administrative fine previously imposed by order of the Board.

(b)

A fine imposed pursuant to this Section shall not exceed $250 per day for a first violation and shall not exceed $500 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to subsection (a) of this Section. However, if the Board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000 per violation.

(c)

In determining the amount of the fine, if any, the Board shall consider the following factors:

(1)

The gravity of the violation;

(2)

Any actions taken by the violator to correct the violation; and

(3)

Any previous violations committed by the violator.

(d)

The Board may reduce a fine imposed pursuant to this Section.

(e)

A certified copy of an order of the Board imposing an administrative fine, or a fine plus repair costs, may be recorded in the public records and thereafter 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 shall be enforceable in the same manner as a court judgment by the sheriffs of this State, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this Section 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. A lien arising from a fine imposed pursuant to this Section runs in favor of the City, and the General Counsel or his designee may execute a satisfaction or release of lien entered pursuant to this Section. After three months from the filing of any such lien which remains unpaid, the General Counsel's Office is authorized to foreclose on the lien. No lien created pursuant to the provisions of this Section may be foreclosed on real property which is a homestead under Section 4, Article X of the State Constitution.

(Ord. 87-1486-838, § 1; Ord. 89-1150-630, § 6; Ord. 94-838-446, § 2; Ord. 2000-301-E, § 4)

Sec. 91.108. - Final disposition.

Upon compliance, the Municipal Code Enforcement Board will order the case closed. In the case of noncompliance and when in the view of the Board the violator has not intent, willingness or capability to comply, the case will be referred to the General Counsel's Office for legal action. The General Counsel is directed to proceed with any or all actions required which are deemed in the best interest of the community.

(Ord. 96-458-297, § 2)

Sec. 91.109. - Appeal.

An aggrieved party, including the Council, may appeal a final administrative order of the Board 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 Board. An appeal shall be filed within 30 days of the execution of the order to be appealed.

(Ord. 87-1486-838, § 1; Ord. 96-458-297, § 2)

Sec. 91.110. - Reserved.

Editor's note— The provisions of former § 91.110, relative to the saving clause, were deleted as part of the Super Supplement to the Code. Former § 91.110 derived from Ord. 87-1486-838, § 1; Ord. 96-458-297, § 2.

Sec. 91.111. - Procedure supplemental.

It is the legislative intent of this Chapter to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this Chapter shall prohibit the Council from enforcing codes by any other means.

(Ord. 87-1486-838, § 1; Ord. 94-838-446, § 3; Ord. 96-458-297, § 2)

Sec. 91.112. - Duration, foreclosure of lien, collection costs.

No lien provided under this Chapter shall continue for a period of longer than 20 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. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The City shall be entitled to collect all costs incurred in recording and satisfying a valid lien. 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.

(Ord. 89-1150-630, § 7; Ord. 94-838-446, § 4; Ord. 96-458-297, § 2)

Sec. 91.113. - Settlement and/or compromise of fines and liens imposed by the Municipal Code Enforcement Board or Special Magistrate.

(a)

The Special Magistrate shall be authorized to review and approve requests for settlement or cancellation of fines and liens imposed by the Municipal Code Enforcement Board or by the Special Magistrate subject to approval by the Director of Finance and Administration. The Special Magistrate shall make the determination as to whether to settle fines and liens for less than face value or to cancel such fines and/or liens altogether upon submission of a Request to Reduce or Rescind Board Fines by an affected property owner or prospective owner. Approval of settlement or cancellation shall be based on policy to be established by the Director (the "Policy"). The Policy, once created by the Director and approved by the Mayor, will be adopted as the official document containing the standards and policies used by the Special Magistrate to implement this Section and Section 91.114, Ordinance Code. The Policy shall remain in effect unless revised by the Director, with approval by the Mayor.

(b)

Annually at the first City Council Finance Committee of the calendar year, a report of any liens settled and or compromised during the preceding fiscal year shall be furnished to the City Council Finance Committee in the format prescribed in Council Rule 2.214.

(Ord. 2006-631-E, § 3; Ord. 2016-140-E, § 16; Ord. 2016-766-E, § 1)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 91.114. - Procedure to request that a fine or lien imposed pursuant to Section 91.107 be reduced; conditions and criteria therefore.

(a)

The owner or a prospective purchaser of real property against which a fine or lien has been imposed pursuant to Section 91.107 may apply to the Director of Neighborhoods, through the Municipal Code Compliance Division for a satisfaction of such fine or lien with less than full payment thereof. The Chief of the Municipal Code Compliance Division is authorized to establish the forms and procedures necessary for an application to be considered. No such application shall be forwarded to the Special Magistrate for consideration hereunder until the applicant has first shown that:

(1)

All ad valorem property taxes, special assessments, City utility charges and other government-imposed liens against the subject real property have been paid;

(2)

The applicant is not personally indebted to the City for any reason; and

(3)

All Code violations have been corrected under required permits issued therefore, or as set forth in subsection (b), a prospective purchaser has entered into an agreement to have such violations corrected by a date certain has been executed.

(b)

In considering an application to reduce a fine or lien imposed pursuant to Section 91.107, Ordinance Code, no settlement or satisfaction thereof shall be approved by the Special Magistrate with less than full payment thereof, unless the Special Magistrate shall make specific findings that no violation of any City ordinance exists on the subject real property, or in the case where a prospective purchaser has agreed to correct such violations on or before a date certain, which agreement is evidenced by a written agreement satisfactory to the Office of General Counsel.

(c)

The Special Magistrate shall utilize the standards and criteria set forth in the Policy in making all determinations as to whether or not to approve or deny a request for settlement or cancellation of a lien imposed under this Chapter.

(d)

The balance of any fine or lien imposed pursuant to Section 91.07, Ordinance Code, that is reduced by the Special Magistrate shall be paid in such terms as approved by the Director of the Neighborhoods Department.

(e)

If the property for which an application for a fine or lien reduction or cancellation is being considered is owned by the government or any quasi-governmental entity, the Special Magistrate may reduce or cancel such fine or lien even if the violation has not been corrected.

(f)

Where property has been abandoned, is heavily encumbered with fines and/or liens and constitutes a blighting influence, the Director of Finance and Administration, with the concurrence of the Director of the Neighborhoods Department, shall be authorized to extinguish the fine or lien in consideration for the rehabilitation of the property to conform with the minimum standards of Chapter 518, Ordinance Code. The extinguishment of the fine and/or lien shall in no circumstance take effect until the property has been rehabilitated to the satisfaction of the Director of the Neighborhoods Department.

(Ord. 2006-631-E, § 3; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 90.105. - Library-related grants. Chapter 92 - UNIFORM COMMUNITY DEVELOPMENT DISTRICTS