§ 2-232. Code enforcement board.

(a)

Appointment; powers. The village council may appoint a seven-member code enforcement board, as provided in F.S. § 162.05, with all the powers granted in F.S. §§ 162.08 and 162.09. The code enforcement board shall have the power to make rules and establish procedures in furtherance of its jurisdiction, and in its sound discretion, may grant, deny or modify extensions of time for compliance, may suspend fines, and may fashion reasonable orders not in conflict with any applicable law or ordinance.

(b)

Appointment; powers of special magistrate.

(1)

The village council may appoint one or more special magistrates, who shall be hearing officer(s) for the village. A special magistrate shall have the jurisdiction and authority to hear and to decide alleged violations of all the codes and ordinances of the village. A special magistrate shall have the power to make rules and establish procedures in furtherance of his or her jurisdiction, and using sound discretion, may grant, deny or modify extensions of time for compliance, may suspend, reduce, waive or abate fines, in whole or in part, and may fashion reasonable orders not in conflict with any applicable law or ordinance.

(2)

The jurisdiction of a special magistrate shall not be exclusive, but all code enforcement matters shall normally be heard by a special magistrate, unless specifically filed with the code enforcement board or the county court. Notwithstanding the above, an alleged violation of any of the codes and ordinances of the village, may be prosecuted by any other appropriate remedies permitted by law.

(3)

In addition to the broad jurisdiction granted above, the village council hereby specifically designates the special magistrate to hear and decide:

a.

All petitions for reduction of liens, it being the intent of the village council to delegate the authority of F.S. § 162.09(2)(d)(3), concerning the satisfaction and release of liens to the special magistrate or the village manager when special circumstances exist as stated in this article.

b.

All noise ordinance violations.

c.

All village parking violations.

d.

All land development district (zoning) violations.

e.

All business and commercial violations.

f.

All hearings described in this article.

g.

All building code violations.

h.

All petitions for reasonable accommodation.

(4)

A special magistrate shall serve at the will of the village council, but shall be appointed for a term of not less than two years, and may serve successive terms, and shall serve until a successor is appointed. A special magistrate shall be compensated as provided by the annual appropriation of the village council. Once a special magistrate is appointed and takes an oath of office, neither the mayor nor any member of the village council or village staff shall have any ex parte communication with a special magistrate concerning any item before the special magistrate, or shall they seek to influence, by any means, the outcome of any matter which shall come before a special magistrate ("improper influence"), except during a special magistrate hearing. An attempt to improperly influence a special magistrate shall be deemed a violation of this article, punishable as a misdemeanor of the second degree as provided in F.S. § 775.082.

(5)

A special magistrate shall be a duly licensed attorney in good standing and a member of The Florida Bar for at least the five consecutive years prior to appointment.

(c)

Duties of village attorney. The village attorney shall attend each code enforcement hearing, and may present and prosecute any and all cases to come before the code enforcement board or a special magistrate. The village attorney shall also be responsible for the foreclosure or enforcement of all code enforcement liens, and orders.

(d)

Duties of the board attorney. The village council shall hire and appoint a board attorney to represent and counsel the code enforcement board. The board attorney shall attend each code enforcement board hearing, and advise the code enforcement board; render legal opinions to the board upon request; and assist the board in the preparation, execution and recording of the various orders and liens imposed by the board. With the consent of the board, the board attorney may rule on the admissibility of evidence, and if requested, may render opinions concerning all legal aspects of the matters before the board.

(Code 1994, §§ 2-167—2-169; Ord. No. 2004-29, § 2-167—2-170, 5-27-2004; Ord. No. 2008-33, § 2, 12-11-2008; Ord. No. 2009-13, § 2, 8-27-2009; Ord. No. 2014-09, § 2, 7-10-2014)

State law reference

Municipal code enforcement boards, F.S. § 162.05.