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HomeMy Public PortalAboutOrdinance 1892 Chap 2 Article III NuisanceCLERK'S CERTIFICATE STATE OF FLORIDA ) COUNTY OF OKALOOSA ) ss CITY OF CRESTVIEW ) I, Maryanne Schrader, City Clerk for said City of Crestview, duly appointed, qualified, and acting, and keeper of the records and seals thereof, do hereby certify the attached to be a true, complete, and correct copy of Ordinance 1892 duly passed by the City Council of the City of Crestview at a Regular meeting of said City Council on the 22"d day of August 2022, as the said matter appears on file and of record in this office. I do further certify that prior to the execution of this certificate by me, the said Ordinance has been spread at length upon the permanent records of said City, where it now appears and remains in the book of Ordinances of the City kept by myself, a book labeled Ordinances. IN WITNESS WHEREOF, I have hereunto set my hand and seal of said City at my office in the City of Crestview, Florida, this 25th day of August 2022. (SEAL) /4:4p� CRFd*e /' ti )1.,.. ,,L) 3 \ / \.)._-.0--1)'--- o M anseS rader,MMC,MA // '4, ''''' (Ct..rei."... *1 =AC co; City Clerk '';4 .........•.o'�Nca :°' City of Crestview '',FAD APV,‘",'' Okaloosa County, Florida 01011. ilito14. ORDINANCE: 1892 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING CHAPTER 2, ARTICLE III — BOARDS, COMMITTEES AND COMMISSIONS - OF THE CITY OF CRESTVIEW CODE OF ORDINANCES; PROVIDING FOR AUTHORITY; PROVIDING FOR FILING OF THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT OF OKALOOSA COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City determined that it is necessary to amend Chapter 2, Article III — Boards, Committees and Commissions, to provide for consistency with the Land Development Code and to improve the organizational efficiency, accountability, and autonomy regarding historic preservation; and WHEREAS, the City Council ("Council") of the City serves as the elected governing body directly responsible for the promotion and projection of the public welfare, and safety of its citizens and inhabitants; and WHEREAS, the City has thereby determined that it is also necessary to amend Chapter 2, Article III, Division 6. — Drug Nuisance Abatement Board, to further the promotion and projection of the public welfare, and safety of its citizens and inhabitants. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: CHAPTER 2, ARTICLE III — BOARDS, COMMITTEES AND COMMISSIONS is hereby amended as attached to this ordinance (Attachment 1). SECTION 1— AUTHORITY. The authority for enactment of this ordinance is Chapter 166.021, Florida Statutes, and Section 2 of the City Charter. SECTION 2 — FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk of Circuit Court of Okaloosa County and with the Florida Department of the State. SECTION 3 — SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 4 — SCRIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 5 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 6 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 7 — EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. Passed and adopted on second reading by the City Council of Crestview, Florida on the 22nd day of August 2022. Approved by me t . `s 2 • nd day of August 2022. Mayor `etc o:74vv. ATTEST: Ma anne : e . der City Clerk ``��W111111� .0%,°1 ;O`°p • our • f •i • • • ARTICLE !!!. BOARDS, COMMITTEES AND COMMISSIONS DIVISION 1. GENERALLY Secs. 2-51-2-60. Reserved. DIVISION 2. PLANNING AND DEVELOPMENT BOARD Sec. 2-61. Created. The Crestview planning advisory board, referred to in this Code as the planning board, is hereby created and Pursuant to and in accordance with F.S. § 163.3174 and the Local Government Comprehensive Planning and Land Development Regulation Act, as amended, the City Council finds that land use planning and a continuity of growth management within the City benefits the public's health, safety, and welfare. The City Council further finds that this public purpose can best be achieved by establishing the Planning and Development Board, which is established and designated as the Local Planning Agency (LPA) for the City of Crestview. Sec. 2-62. Powers and Duties. 7r eeurc+l- die t erf the first planning board under the terms of this article thc first member shal be appointed for a term of no for a term of three years, and the remaining members shall be appointed for terms of four years, each with (c) Any vacancy in the membership of the planning board shall be illed for the unexpired term by the council, who sha I have the authority to remove any member for cause, up n written charges, after a public hearing. 4d) Al members of the planning board shal serve without compensation but may be reimbursed for actual no compensation for their work on thc planning board other than the fixed salary of their office. (a) Pursuant to and in accordance with F.S. § 163.3174 of the Local Government Comprehensive Planning and Land Development Regulation Act, the City Council finds that there is a public purpose in coordinating the planning of the City with the Okaloosa County School Board. (b) The Planning and Development Board/Local Planning Agency (hereinafter Board or PDB) shall have the authority and responsibility to review land use in the City and evaluate planning and regulatory methods and systems for resolving physical, economic, social, environmental and fiscal issues. The City Council directs the Board to carry out functions and powers identified in the City of Crestview Land Development Code (hereinafter LDC). (1) The Board shall use the power and authority conferred upon it by the LDC to further its stated public purposes. (c) The Board shall receive and hear appeals in cases involving the LDC. (d) The Board shall receive and hear applications for special exceptions/uses and variances to the terms of the LDC, and grant relief where authorized under the LDC. The Board shall also hear, determine, and decide appeals, reviewable interpretations, applications or determinations made by an administrative official in the enforcement of the LDC. (e) The Board shall have any other powers or duties delegated by the City Council. Sec. 2-63. QuerumMembership, Vacancy, Compensation. Tour members of the planning board shall constitute a quorum for the transaction of business; provided, (a) Membership. The Board shall consist of five core members. All members shall be residents of the City and will. be appointed by a majority vote of the City Council. The term of office for each member shall be three years, or until a successor is appointed. Terms of office shall commence on the first day of March of the year in which appointed. (b) Ex Officio Members. In addition to the five members, there may be two ex officio members. One may be selected by the Okaloosa County School Board and one may be selected by the Commander at Eglin Air Force Base. Each ex officio member may participate in all discussions of the Board in the same manner and to the same extent as the other members of the Board. The ex officio member may not vote. Each ex officio member may serve at the sole discretion of their represented agency. (c) Alternate Members. In addition to the five members, two alternate members may be appointed by a majority vote of the City Council to serve as alternates for the term of one year, or until a successor is appointed. Alternate members shall be residents of the City. Alternate members shall substitute for absent members on a rotating basis. When substituting for an absent member, an alternate member may vote and participate in all discussions of the Board in the same manner and to the same extent as the other members of the Board. Board members and alternate members shall be subject to any forfeiture of office provisions of the Crestview Code of Ordinances. Whenever a vacancy occurs on the Board, the City Council shall fill the vacancy for the remainder of the term as soon as practicable after the vacancy occurs. (d) Vacancies. If a vacancy occurs on the Board as the result of a resignation, death, or removal of a member, the senior alternate member shall temporarily fill such vacancy without action by the City Council, until the City Council appoints a successor regular member. In the event both alternates have served for the same continuous period of time then the alternate who is next scheduled to substitute for an absent regular member according to the rotation schedule shall temporarily fill the vacancy until the City Council appoints a successor. In the event that the alternate member dies, resigns, is removed, or becomes a member, the City Council shall promptly appoint a qualified person to the unexpired term of the alternate. (1) In the event a vacancy occurs on the Board; an alternate member may apply to be a regular member in the. same manner as other applicants. In the event an alternate member is appointed as a regular member, then such appointment shall simultaneously terminate such person's position as an alternate member. In that event, the City Council may then appoint another person to fill the resulting alternate member vacancy. (e) Attendance. In the event any member should miss three meetings in a 12 -month period without justification, they shall be considered as resigned from the board. In that event, the City Council may then appoint another person to fill the resulting vacancy. (1) Alternate members may be allowed to miss up to five meetings in a 12 -month period without justification. (2) In the event of an absence of any member, the Chairman of the Board shall determine if Staff had any. contact with the absent member providing the reason for the said absence. With that information the Chairman shall ask for a motion and to excuse or not excuse the absence. (Supp. No. 27) Page 2 of 18 Created: 2021-11-04 06:04:03 [EST] Formatted: Space After. 6 pt Formatted: Space After. 6 pt [ Formatted: Space After. 6 pt f) Compensation. Members of the Board shall receive no salary for their services but may receive such travel and other expenses while on official business for the City as are made available by the City Council for these purposes. Formatted: Normal, Justified Sec. 2-64. (a Organization „r,., tpff and c:........,.. Meetings, Quorum, Required Vote. The planning b and sha elect a chairman from among its members. (c) The planning board shall appoint a secretary, who may be an officer or employee of the municipality. (e) All meetings of the planning board at which official action is taken shal be open to the public and all records require. (g) The expenditures of the planning board, exclusive of gifts, shall be within the amounts appropriated for the (a) Meetings. The Board shall schedule and hold at least one public hearing each month unless there is no business. to transact. The Board shall also meet at the call of the chairperson and other times as may be determined by a majority of the Board. (b) Quorum (1) Three voting members of the Board shall constitute a quorum for the transaction of business. A smaller number may act only to adjourn meetings for lack of a quorum. (2) The affirmative vote of a simple majority of the quorum shall be required to pass any action of the Board. (3) A member who is present shall vote unless disqualified. (c) Officers. The Board shall annually elect a chairperson and a vice -chairperson from among its members. All officers shall be elected for one-year terms and shall be eligible for re-election. Sec. 2-65. Staff, Attorney. From and after the time when the planning board sha 1 have organized and selected its officers and shall have adopted its rules of procedure, then the planning board shall have all the powers, duties and responsibilities (a) Staff. Community Development Services shall provide staff support as necessary to the planning functions of. the Board, provide secretarial support for the Board in the execution of its duties, and record and transcribe in summary form, the minutes of all Board meetings. (b) Staff shall keep minutes of all meetings and records of all transactions and deliberations. Such minutes and records shall be filed in the appropriate offices of the City and shall be public records. (c) Attorney. The City Attorney shall serve as legal counsel to the Board. Formatted: Space After. 6 pt Formatted: Space After. 6 pt Formatted: Space After. 6 pt Sec. 2-66. Rules and Records. The planning board as established by this division is designated as the local planning agency in compliance with the Local Government Comprehensive Panning and Land Development Regulation Act. (a) (c) Duties of the planning board (referred to in this section as the local planning agency) sha include but are not limited to the following functions: ( ) TI. I I I hri11 p the ohs pi-. od by statelaw_ (2) Thc local planning agency shall recommend to the council adoption of the comprehensive plan or any clement or portion thereof. (a) The Board shall adopt its own rules of procedure as deemed necessary; provided such rules shall not be contrary' to the spirit and intent of the Land Development Code, to the policies of the City, or to the requirements of the State. )b) All meetings of the Board shall be open to the public. (c) The Board shall set up rules of procedure to monitor and oversee the effectiveness and status of the Comprehensive Plan in order to make any recommendations to the City Council for revisions to the Comprehensive Plan, consistent with the intent and purpose of the Land Development Code. The council may designate a person or body to prepare the comprehensive plan; however, the responsibility 5cc 2 6O 7on n board Thc planning board shall act as the zoning board for the city and shall have the duties and responsibilities and follow the procedures as set forth in section 102 37 of the Code. The planning board shall prepare and recommend to the council for adoption rules and regulations requirement of F.S. ch. 177. Secs. 2-67 40-2-80. Reserved. Formatted: List 1 Formatted: Space After. 6 pt Formatted: List 1 DIVISION 3. TECHNICAL ADVISORY BOARD Se. 9 0, Crcz tod A tcchnica advisory board shall be established for the purpose of assisting in the preparation and -implementation of the comprehensive plan or dements thereof. fol {1) {2) (3) owing city departments: City clerk. Public services director. Fire chief. {5) Police chief. 6) Mayor. {7) An appointed member of council. {8) Code inspector. (b) Membership of the technical advisory board may incr asc in order to arsure minority representation or to meet regional planning requirements. {d) (0) for the transaction of business. Members of the technical advisory board shall be appointed by name by the council. The terms of office of members of the technical advisory board shall be for five years, or until their accept in writing, indicating their willingness t serve, within ten days after receipt thereof, or they shalt automatically forfeit their appointment. reasonable cause. (g) Vacancies on the technical advisory board occurring prior to the expiration of the term of the member shall, Duties of the technical advisory board inc ude, but are not limited to, the following functions: or elements thereof. {2) Provide technical assistance to the agency, committee, department or person designated to prepare the comprehensive plan or elements thereof. All such recommendations shall also be forwarded to the council. \ I fC II .4er throe of th., teeti-Meal 3dv;seee-boo-d rc) Recmir.. that ,n meetings be -public and that all records be available to the public. 47) Monitor and oversee the effectiveness and status of a comprehensive plan and make recommendations to the ocal planning agency for changes or improvements to the plan. Secs. 2 84 2 95. Reserved. Secs. 2-81— 2-95. Reserved. DIVISION 4. COMMUNITY REDEVELOPMENT AGENCY Sec. 2-96. Authority. The authority for enactment of this division is F.S. § 166.021; F.S. ch. 163, part III; and section 2 of the Charter. Sec. 2-97. Created. Under the provisions of F.S. § 163.356, there is hereby established the community redevelopment agency. Sec. 2-98. Membership of board of commissioners. The board of commissioners of the community redevelopment agency shall consist of the members of the city council and two additional commissioners appointed by the city council as provided for in Florida Statutes. Sec. 2-99. Chairman and vice-chairman. The president and vice president of the city council shall function as the chairman and vice-chairman of the community redevelopment agency. Sec. 2-100. Powers. The community redevelopment agency shall have all the powers and authority as set forth in general law. Sec. 2-101. Community redevelopment trust fund established. There is hereby established and created, in accordance with the provisions of general law, a community redevelopment trust fund, hereafter referred to as the "fund," for the Crestview Redevelopment Agency. Sec. 2-102. Allocation and appropriation of funds. The funds to be allocated to and deposited into the fund are hereby appropriated to the community redevelopment agency, hereafter referred to as the "agency," to finance community redevelopment projects within the city as authorized by general law and pursuant to a redevelopment plan approved and amended by Formatted: Section resolution of the city council. The agency shall utilize the funds and revenues paid into and earned by the fund for all and every community redevelopment purpose delegated to it as contained in the plan or amendment thereto for redevelopment as provided by general law. Said funding accounts will be initiated by the city clerk but will be fully administered and managed by the agency's community redevelopment director in accordance with general law, the Community Redevelopment Act (F.S. § 163.330 et seq.) and this division, as any of those are amended from time to time. Sec. 2-103. Payments into fund. There shall be paid into the fund each year by all taxing authorities, as defined in general law, within the original community redevelopment area and expanded areas by amendment, the incremental increase in the income, proceeds, revenues and funds of taxing authority, as calculated in accordance with section 2-105 of this chapter and general law, based upon the tax base years set forth in section 2-104 of this chapter. Sec. 2-104. Tax rolls; frequency due. (a) The most recent tax roll used in connection with the taxation of such property identified in the original community redevelopment plan shall be the Tax Roll of 1995 of Okaloosa County, Florida, and all deposits into the fund shall begin with incremental increases from tax rolls resulting in ad valorem tax revenues due subsequent to November 1, 1995 for the tax year January 1, 1995 through December 31, 1995 and subsequent years. (b) Within the expanded areas only, the most recent tax roll used in connection with the taxation of such property shall be the Tax Roll of 1997 of Okaloosa County, Florida, and all deposits into the fund, within the expanded areas shall begin with incremental increases from tax rolls resulting in ad valorem tax revenues due subsequent to November 1, 1997 for the tax year January 1, 1998 through December 31, 1998 and subsequent years. Boundaries of the original community redevelopment area in Ord. No. 862, as originally passed shall remain in effect also. Sec. 2-105. Tax increment levied; method; amount. Within the expansion areas and original area, said tax increment shall be that amount equal to 95 percent of the difference between: (1) That amount of ad valorem taxes levied each year by each taxing authority, exclusive of any debt service millage, on taxable real property contained within the geographic boundaries of the community redevelopment area; and (2) That amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing authority, exclusive of debt service millage, upon the total of the assessed value of the taxable property in the community redevelopment area, as shown upon the assessment roll used in connection with the taxation of such property by all taxing authorities prior to the effective date of this article providing for the funding of trust fund. Sec. 2-106. Payment of funds; date due; interest. All taxing authorities as defined by general law, shall: (1) Upon the adoption of this article providing for funding of the community redevelopment trust fund as herein provided, each taxing authority shall, by January 1 of each year, appropriate to such fund for so long as any indebtedness pledging increment revenues to the payment thereof is outstanding (but not to exceed 30 years) a sum which is no less than the increment as defined and determined in section 2- 105 accruing to such taxing authority. No taxing authority is exempt from the provisions of this section. (2) Any taxing authority which does not pay the increment to the trust fund by January 1 shall pay to the trust fund an amount equal to five percent of the amount of the increment and shall pay interest on the amount of the increment equal to one percent for each month the increment is outstanding. Sec. 2-107. Trust fund established; maintained. The fund account(s) shall be initiated and remain operational with oversight of the city clerk and held in a separate trust fund account(s) by the city for and on behalf of the community redevelopment agency. All fund accounts will be effectively administered, monitored and utilized by the agency, and disbursed and appropriated as provided by law, this division or resolution of the agency board of commissioners, through the agency's designated community redevelopment director in order to ensure funds are allocated expeditiously and without undue delay for their statutory purpose. General agency oversight will be with the city council as the agency governing body and any city designated department. Sec. 2-108. Tax increment computation; method. The tax increment shall be computed by using the assessed value of the taxable real property in the original community redevelopment area for the year 1995 as the base, and using the assessed value of the taxable real property in the expanded portions of the community redevelopment area for the year 1997 as the base year, and in subsequent years using the assessed value of real property in the community redevelopment and expanded areas for that year as the second factor in determining the amount of tax increment accruing in that year. Sec. 2-109. Accountability and management of funds. The agency accepts full responsibility for the receipt, custody, disbursement, accountability, management and proper application for all monies paid into the fund, subject to the provisions of section 2-102 of this chapter. Sec. 2-110. Advisory committee(s). The city council may from time to time establish one or more advisory committees consisting of business owners, operators and others within the business community to assist and advise the community redevelopment agency as it administers tenets of the Crestview community redevelopment plan and any amendments thereto. DIVISION 5. CODE ENFORCEMENT BQARDSPECIAL MAGISTRATE Sec. 2-111. Purpose. The purpose of this division is to create the position of special magistrate with authority to impose administrative fines and other noncriminal penalties to promote, protect, and improve the health, safety, morals, and welfare of the city and to provide an equitable, expeditious, effective and an inexpensive method of enforcing city codes and ordinances where a pending or repeated violation exists or continues to exist. This part of this chapter has been enacted pursuant to the authority of F.S. ch. 162, and other applicable law. Sec. 2-112. Definitions. The following terms shall have the meanings set forth in this division unless the context clearly indicates otherwise: City attorney means the legal counselor or advisor to the city as appointed from time to time by the city council, who shall be legal counsel to the code enforcement officer ("CEO") and shall advise the CEO accordingly concerning the officer's duties, powers, jurisdiction, and authority. The city attorney shall not advise the CEO and the special magistrate simultaneously. City council means the elected governing and legislative body of the city. City manager means the person appointed by the city council to direct the administrative and executive operations of the city. Code enforcement officer means any authorized agent or employee of the city whose duty it is to enforce codes and ordinances enacted by the city, and who has received appropriate training as determined by the city. This shall include, but not be limited to, code inspectors, including law enforcement officers, and municipal fire safety inspectors as defined in F.S. ch. 633. Designation of a code enforcement officer and appropriate training for such officer shall be determined by the city manager. Special magistrate means a special magistrate appointed under this chapter. Sec. 2-113. Creation and appointment of special magistrates; jurisdiction; powers. (a) Pursuant to F.S. ch. 162, there is hereby created the position of special magistrate. The city manager shall appoint at least one special magistrate to exercise the authority and powers set forth in this division. The city manager may appoint up to three special magistrates. Appointments shall be made based on experience or interest in code enforcement, and subject to the following requirements: (1) A special magistrate must be an attorney and a member in good standing with the Florida Bar; (2) A special magistrate shall possess knowledge and experience in local government law, judicial and administrative procedure, and rules of evidence; (3) A special magistrate shall not be a city employee; (4) A special magistrate shall serve a term of two years, and may be reappointed for succeeding terms; and The city manager may suspend or remove a special magistrate at any time, with or without cause, based on the needs of the city. (b) A special magistrate shall have jurisdiction to hear and decide cases in which violations are alleged of any provisions of the city Code, ordinances and state statutes authorizing hearings by special magistrates, except as specifically excluded herein. (c) Special magistrates are vested with all powers provided in F.S. ch. 162 and with the following specific powers, which shall not be construed as a limitation on available powers: (1) Control proceedings before the special magistrate; (2) Impose sanctions necessary to maintain dignity of the proceedings and to stop any activity which impedes or obstructs the administration of justice; (3) Subpoena alleged violators and witnesses; (4) Subpoena evidence; (5) Administer and take testimony under oath; (6) Issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance; and Make findings of fact based on the evidence in the record and state conclusions of law. (7) A special magistrate may request to have independent legal counsel to advise him or her, concerning the duties, powers, jurisdiction, and authority of the office. The city manager, with consent of the city council, may appoint independent legal counsel to advise the special magistrate. Sec. 2-114. Enforcement procedure. (a) It shall be the duty of the code enforcement officer to initiate enforcement proceedings of the various codes. (b) Except as provided in subsections (c) and (d), if a violation of the codes is found, 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 notify a special magistrate and request a hearing. The special magistrate, through clerical staff provided by the city, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed to the violated as provided in F.S. § 162.12. At the option of the special magistrate, notice may additionally be served by publication or posting as provided in F.S. § 162.12. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code enforcement officer, the case may be presented to the special magistrate 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 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 notify a special magistrate and request a hearing. The special magistrate, through clerical staff provided by the city, shall schedule a hearing and shall provide notice pursuant to F.S. § 162.12. The case may be presented to the special magistrate even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been corrected, the special magistrate 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 or her rights to this hearing and pay said costs as determined by the special magistrate. (d) If the code enforcement officer 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 code enforcement officer shall make a reasonable effort to notify the violator and may immediately notify the special magistrate and request a hearing. (e) If the owner of property that is subject to an enforcement proceeding before an 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. 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 officer 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 five days after the date of the transfer. (3) A failure to make the disclosures described in subsections (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. (f) In addition to the enforcement procedures set forth herein, the "Supplemental County or Municipal Code or Ordinance Enforcement Procedures" set forth in F.S. ch. 162, pt. II, and F.S. § 125.69, are hereby incorporated herein by reference. Sec. 2-115. Conduct of hearing. (a) Upon request of a code enforcement officer, or at such other times as may be necessary, the special magistrate may call a hearing. Minutes shall be kept by city clerical staff of all hearings conducted by a special magistrate, and all hearings and proceedings shall be open to the public. The city shall provide clerical and administrative personnel as may be reasonably required by a special magistrate for the proper performance of his or her duties. (b) Each case before a special magistrate shall be presented by the code enforcement officer or by a member of the administrative staff of the city. If the city prevails in prosecuting a case before the special magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the special magistrate and such costs may be included in the lien authorized under F.S. § 162.09(3). (c) A special magistrate shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The special magistrate shall take testimony from the code enforcement officer and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (d) At the conclusion of the hearing, the 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 powers granted to the special magistrate in this chapter. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions specified in F.S. § 162.09(1), the cost of repairs may be included along with the fine if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records and the order is complied with by the date specified in the order, the special magistrate 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. Sec. 2-116. Administrative fines and penalties; costs of repair; liens. (a) A special magistrate, upon notification by a code enforcement officer that an order of the special magistrate has not been complied with by the set time or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the special magistrate 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 enforcement officer. In addition, if the violation is a violation described in F.S. § 162.06(4), the special magistrate shall notify the city manager, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the city to make further repairs or to maintain the property and does not create any liability against the city for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, a special magistrate finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in subsection (b)(1). (b) (1) A fine imposed pursuant to this section shall not exceed $250.00 per day for a first violation and shall not exceed $500.00 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to subsection (a). However, if a special magistrate finds the violation to be irreparable or irreversible in nature, he or she may impose a fine not to exceed $5,000.00 per violation. (2) In determining the amount of the fine, if any, the special magistrate shall consider the following factors: (3) a. The gravity of the violation; b. Any actions taken by the violator to correct the violation; and c. Any previous violations committed by the violator. A special magistrate may reduce a fine imposed pursuant to this section. (c) A certified copy of an order imposing a 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 part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit 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, which 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, a special magistrate may authorize the city attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under § 4, article X of the state constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under § 4(a), article X of the state constitution. (d) Actions for money judgments under this division may be pursued only on fines or penalties levied after October 1, 2000. The special magistrate shall have jurisdiction to assess a reasonable administrative fee to recoup the actual costs of notice, preparation, and presentation of alleged violations. (e) Sec. 2-117. Appeals. An aggrieved party may appeal a final administrative order of a special magistrate to the circuit court as provided in F.S. § 162.11. Sec. 2-118. Notices. All notices required by this part must be provided to the alleged violator using any method authorized by F.S. § 162.12. Sec. 2-119. Reserved. DIVISION 6. DRUG NUISANCE ABATEMENT BOARD Sec. 2-120. Definitions. All general provisions, terms, phrases and expressions contained in this division shall be liberally construed in order that the true intent and meaning of the city council may be fully carried out. The provisions of this division shall also be liberally construed so as to effect its purposes. Terms used in this division, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of the state for the same terms. Board shall mean the drug nuisance abatement board of the city. City attorney shall mean the legal counselor for the city or his designee. Clerk shall mean the person who performs the clerical duties necessary to carry out the activities of the drug City clerk. Code enforcement Planning and Development board shall mean the board to carry out tenets of this division. Operator shall mean tenant, lessee or person having control or possession of the premises. Public nuisance shall mean the same definition as defined in F.S. § 893.138. Stuff attorney shall m an a legal counselor appointed by the city council to represent the interests of the city staff. Sec. 2-121. Dfug aNuisance abatement board organization. (a) Created; membership. There is hereby created and established a drug nuisance abatement board to hear evidence relating to the existence of drug-rcbtcd public nuisances on premises located in the city. The board shall consist of the seven five (57) members of the city code enforcemcntPlanning and Development board who shall serve as members of the drug nuisance abatement board herein created. (b) Quorum; compensation. The presence of four three or more members shall constitute a quorum. Members shall serve without compensation. Sec. 2-122. Operating procedures of the board. (a) Filing complaints; written notice to owner of premises. Any employee, officer or resident of the city may file a complaint with the board regarding the existence on premises located in the city of a public nuisance, as defined in section 2-120, after giving not less thatthan three j3ldays' written notice of such complaint to the owner of the place or premises complained of at his last known address. (b) Service of notice; hearing. The nuisance abatement board through its clerk, shall schedule a hearing, and written notice of such hearing shall be sent by certified mail or hand delivery if certified mail is unsuccessful, notice of the hearing may be by publication as provided in F.S. ch. 49. (c) Contents of notice. The aforesaid notice of hearing shall include: (1) A statement of the time, place and nature of the hearing; (2) A statement of the legal authority and jurisdiction under which the hearing is to be f held}; (3) A reference to the particular sections of the statutes and ordinance involved; (4) A short and plain statement summarizing the incidents complained of. Sec. 2-123. Conduct of hearings. (a) The chairman of the board may call hearings of the board. Hearings may also be called by written notice signed by at least €e#4+- three (members of the board. The board, at a hearing, may set a future hearing date. The board shall convene as the demand necessitates. The board shall adopt rules for the conduct of its hearings. Minutes shall be kept of all hearings and all hearings shall be open to the public. The city shall provide clerical and administrative personnel as may be reasonably required for the proper performance of the board's duties. (b) The city attorney shall serve as legal counsel to represent the 4F++g-_ nuisance abatement board. From time to time, an attorney may be employed to represent the city staff by preparing and presenting cases before the board. (c) All parties shall have an opportunity to present evidence and argument on all issues involved, to conduct cross-examination and submit rebuttal evidence, and to be represented by counsel. When appropriate, the general public may be given an opportunity to present oral or written communications. If the agency proposes to consider such material, then all parties shall be given an opportunity to cross-examination or challenge or rebut it. The board may consider any evidence, including evidence of the general reputation of the place or premises. 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 shall govern the proceedings. Orders of the board shall be based on competent and substantial evidence. (d) After considering all evidence, the board may declare the place or premises to be a public nuisance as defined in section 2-120 and may enter an order immediately prohibiting: (1) The maintaining of the nuisance; (2) The operating or maintaining of the place or premises; or (3) The conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance. All orders of the board shall be, by motion, approved by a majority of those members present and voting, except that at least four members of the board must vote in order for the action to be official. (e) An order entered under subsection (c) shall expire after one year or at such earlier time as stated in the order. The board shall retain jurisdiction to modify its order prior to the expiration of such orders. The board or city may bring a complaint under F.S. § 60.05, seeking a permanent injunction against any public nuisance. (f) Sec. 2-124. Appeals. An aggrieved party, including the city administration, may appeal a final administrative order of the nuisance abatement board to the circuit court of the first judicial circuit. Such appeal shall be limited to appellate review of the record created before the board. An appeal shall be filed within 30 days of the date of the written order appealed from. Sec. 2-125. Sue to enjoin. When any nuisance, as defined in F.S. § 823.05, exists, the city attorney or any citizen of the county may sue in the name of the state on his relation to enjoin the nuisance, the person or persons maintaining it, and the owner or agent of the building or ground on which the nuisance exists. Sec. 2-126. Additional rights. This article does not restrict the right of any person to proceed under F.S. § 60.05, against any public nuisance. Sec. 2-127. Fines and assessment of costs and attorney fees. (a) In addition to having authority to enter the order provided in section 2-123, the nuisance abatement board shall also have the authority to enter an order following the hearing conducted as provided in section 2-123 providing for the following: (1) Fines not to exceed the limit as set in the comprehensive fee schedule per day against the owner of the property where a public nuisance is declared to exist so long as the public nuisance continues to exist. (2) Requiring the owner of the property on which the public nuisance is declared to exist to pay reasonable attorney fees and costs incurred by the board in investigations of and hearings on public nuisances. (3) Continuing the jurisdiction of the board over the property which has been declared a public nuisance for a period of one year. (4) Fines not to exceed the limit as set in the comprehensive fee schedule per day against the owner of the property where a recurring public nuisance is declared to exist so long as the public nuisance continues to exist. A certified copy of any order imposing a fine or assessing costs and attorney fees may be recorded in the public records of the county, and upon such recording shall become a lien against the property described in the order upon which the public nuisance is declared to exist. Any fines, costs and attorney fees assessed pursuant to the order shall be payable to the city, and the city shall be the proper party to foreclose the lien as provided in subparagraph (d) below if the fines, costs and attorney fees are not paid. lithe fines, costs and attorney fees assessed pursuant to the order are not paid in full the city shall have the right to foreclose the lien created by the order and in such foreclosure action shall be entitled to recover its costs and reasonable attorney fees. No lien created pursuant to the provisions of this section shall be foreclosed on real property which is homestead property as defined in Section 4, Article X of the Constitution of the State of Florida. The total fines imposed pursuant to this section shall not exceed the limit as set in the comprehensive fee schedule. Secs. 2-128-2-135. Reserved. DIVISION 7. HISTORIC PRESERVATION Soo 2 194 E tabIithc.l There is hereby established a Crestview Historic Preservation Board (hereinafter referred to as thc board) in rdcr to carry forward the purposes f the National Hist ric Preservation Act, as amended in 1980 (Pub. Law 96 515); and such other purposes as may be cr ated by ordinance or law. (Ord. No. 1067, § 2, 8 28 01) (a) Membership. (1) The board shal consist of 11 members and two alternates to serve on thc board in the absence of board members. In any meeting, where the city determines that a board member will not be present for a meeting, the alternate will be called. Of the first members appointed, six shall be appointed for two y ars; and five shall be appointed for three years and two alternates for three y ars. Thereafter all appointments shall be for three y ars or until their successors are appointed. The city council shall Members of the board may or may not be a resident of the city during his or her entire term. Appointments to fill any vacancy of the Crestview Historic Preservation Board shall be for the remainder of the unexpired term of office, and shall be made by the city c until or mayor within 60 days fr m the date f the vacancy. If any member fails to attend two of three successive meetings ffice vacant, and the city council r mayor shall pr raptly fil such vacancy. The members shall serve in accordance with city ordinances and may be removed for cause. (2) Appointments shall be made on the basis of experience or interest in the subject matter jurisdiction of the board. Whenever possib c, thc membership shall include three persons who arc educated or who practice in one of the discip ines of architecture, history, architectural history, planning, archeology or related disciplines. If the city council or mayor is unable to find persons within those fields who are eligible and willing to serve on the board, then it shall make a finding to that effect and appoint members from the general public with other special interests or expertise. (b) Organization. members as provided in its rules. The officers sha I have such duties of chairing thc meetings and other responsibilities as arc as.,igned to them by the rules of the board. The administrative services dcyaartment shall provide staff and secretarial supp rt. and detailed projects within the scope of its purposes; any task force may include persons who are not members of the board. budgetary appr val by the city council, sufficient to undertake the requirements f a certified local government and carry out delegated responsibilities (Ord. No. 1067, § 2, 8 28 01; Ord. No. 1177, § 2, 5 9 05) Sec 9_130 Dowcr� and d,.4inr fficer as described in 36 C.F.R. 61.1(b), as may be amended from time to time: 1) To meet at regular intervals but not less than four times per year. council as to whether those potential landmar landmark and landmark sites; cs, and landmark sites should be official y designated as (1) To recommend that the city council designate specified areas as historic districts and to identify which structures should be considered as contributing structures; and landmark sites within the city and a detailed inventory of potential landmarks and landmark sites, property; which have been or may be established fr m time to time by the United States Secretary of the l ntcrior; landmarc sites, and property in historic districts, and approve or deny applications for certificate of appropriateness for alteration, construction, demo ition, relocation or removal of landmarks, andmark sites, and property in historic districts; r{anizations on physical and financial aspects of preservation, renovation, rehabilitation, and reuse and to advise and azist property owners in becoming eligible for federal and state tax incentives; (11) To cooperate with and enlist the azistance of persons, organizations, corporations, foundations, and (13) To undcrta cc public information programs inc uding the preparation of publications and the placing of historic markers; (11) To make recommendations to the city council concerning the acquisition of or acceptance of developmental rights, facade asemcnts, the imp sition of other restrictions and the negotiation f historical property contracts for the purposes of historic preservation; 15) To review buildings which are owned by the city and which are at least 50 years old and considered for surplus by tic city t determine their historical or architectural significance prior to sale by the city and to mace recommendations concerning the disposition of properties considered to have historical or architcctura significance; {16) To review proposed capital improvement projects of the city and its independent agencies, or their agents or contractors, costing in excess of $25,000.00 in a historic district or affecting a designated andmark or landmark site. Such review shall be made annual y during the city council's normal budgetary process, and the board shall advise the council of any concerns or objections that it may have about such projects. Capital improvement projects for the maintenance of existing facilities arc excepted from this requirement; {17) To conduct public hearings to consider historic preservation issues, the designation of landmarks, landmark sites, and historic districts, applications for certificate of appropriateness and nominations to the National Register of Historic Places; {18) T mace such rules and regulations as it deems necessary for the administration of ordinances for which it is responsible; {19) To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or to the implementation of the purpose of this division and other provisions of the city code; {20) To seek and retain services and expertise on proposals or matters requiring evaluation by a professional of a discipline not represented on the board; {21) To appoint a representative from the board to attend pertinent informational or educational meetings, wor<shops and conferences; and (22) To participate in survey and planning activities of the city as related to the certified local government designation, {Ord. No. 1067, § 2, 8 28 01}