*Editor's
note: Ord.
No. 2005-111, § 1, adopted April 28, 2005, amended Ch. 9, in its entirety,
to read as herein set out. Prior to inclusion of said ordinance, Ch. 9
pertained to similar subject matter. See also the Code Comparative Table.
Sec. 9-1.
Municipal code enforcement board created.
(a) The operation of one (1) or more code enforcement
boards, including special masters, ("CEB") is hereby authorized
pursuant to and in the manner set forth at F.S. Ch. 162, to provide an
equitable, expeditious, effective and inexpensive method of enforcing any
City of Tampa Code provision or ordinance in force. The CEB shall have the
authority to impose administrative fines and other non-criminal penalties
when a pending or repeated violation exists or continues to exist.
(b) In order to streamline the number and functions of
administrative boards in City of Tampa government, and in order to take
advantage of the expertise and experience afforded by the members of the CEB
which, under F.S. Ch. 162, contains whenever possible, members with
backgrounds in architecture, engineering, contracting, realty and other
businesses, the CEB shall also serve as the division of neighborhood
improvement review board, in which role it shall have the authority to hear
and decide appeals of any order of the neighborhood improvement manager,
except final orders as set forth in section 19-6, City of Tampa Code.
(c) It is the intent of this chapter to promote, protect
and improve the health, safety, and welfare of the citizens of the City of
Tampa.
(Ord. No. 2005-111, § 1, 4-28-05)
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Aggrieved
party means
(1) any person that is named or otherwise directly subject to an order of
the director of the department of code enforcement that negatively affects
them by requiring the performance of or the forbearance from performing an
act, or (2) a person that is the non-prevailing party in an action for
administrative review by the CEB of an order of the director of the
department of code enforcement, and may include the city.
City
means
the City of Tampa, as well as any of its departments or divisions, offices
or officials acting in the course and scope of their employment.
Code
means
any of the several chapters of this Code or City of Tampa ordinances on
zoning, property maintenance and development regulations or any other codes
or technical codes of the city.
Code
enforcement board ("CEB") ,
means the city code enforcement board or boards and its special masters,
appointed by the mayor and approved by the city council. The board (or
boards), and the special masters have the same authority which shall be
coextensive with the grant of authority in F.S. Ch. 162, Pt. I, as it may be
amended from time to time. Reference to the CEB in this chapter shall also
apply to special masters.
Code
enforcement board secretary means
the city clerk, his/her designee.
Code
inspector or
inspector
means
any authorized agent or employee of the city whose duty it is to ensure Code
compliance.
Local
governing body attorney means
the legal counselor for the City of Tampa, to wit, the city attorney or his
or her designated assistant city attorney.
Person
means
any natural person, corporation, firm, partnership, association or other
legal entity or person recognized or allowed to do business under Florida
law.
Repeat
violation means
a violation of a provision of a code or ordinance 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 has admitted
violating the same provision of the code within five (5) years prior to the
violation, notwithstanding that the violations occurred at different
locations.
(Ord. No. 2005-111, § 1, 4-28-05)
Sec. 9-4.
Composition, appointment, terms of members, residency requirements, removal and
vacancies.
(a) The CEB shall consist of seven (7) members, and two (2)
alternate members, each to be appointed by the mayor and approved by the
city council for a term of three (3) years. Each member shall serve until
appointment and qualification of a successor. The initial appointments to
the CEB shall be as follows:
(1) Two (2) members appointed for a term of one (1) year
each;
(2) Three (3) members appointed for a term of two (2) years
each; and
(3) Two (2) members appointed for a term of three (3) years
each.
Thereafter, all appointments shall be made for terms of three (3) years.
(b) Appointments shall be made in accordance with
applicable law and ordinances on the basis of experience or interest in the
subject matter jurisdiction of the respective code enforcement board.
Appointments shall be made consistent with the Charter on the basis of
demonstrated experience and interest in the fields of zoning, building
control and other relevant disciplines. Whenever possible, the membership of
the CEB shall include an architect, a person engaged in business, an
engineer, a general contractor,a sub-contractor and a realtor.
(c) Members of the CEB shall be residents of the city at
the time of appointment and throughout their terms in office. Any member who
is no longer a resident of the city shall be automatically removed and that
vacancy filled as provided in this chapter.
(d) If any CEB member fails to attend any two (2) of three
(3) consecutive meetings, without cause or without prior approval of the
chair of the CEB, the board may declare the member's office vacant and the
vacancy shall be filled as provided in this chapter.
(e) A member may be re-appointed by the mayor with the
approval of a majority of the entire membership of the city council.
(f) Appointments to fill a vacancy shall be for the
remainder of the unexpired term of office.
(Ord. No. 2005-111, § 1, 4-28-05)
Sec. 9-6.
Organization; compensation; rules and regulations.
(a) Organization of the CEB shall be as follows:
(1) The members of the CEB shall elect a chair from among
their members. The chair shall be allowed to vote on all matters appearing
before the board.
(2) The members of the CEB shall also elect a vice-chair
from among its members. The vice-chair shall preside over the public hearing
in the absence of the chair.
(b) The presence of four (4) or more members shall
constitute a quorum. Members shall not be entitled to compensation; however,
all members shall receive reimbursement for parking in city garages and for
mileage for any board-related business, except travel to and from regularly
scheduled and specially called board meetings. Such reimbursement shall be
consistent with city policy.
(c) The local governing body attorney may represent the
City of Tampa and its departments bringing cases before the CEB. The CEB
shall have its own attorney who shall be responsible for providing the CEB
with legal counsel.
(Ord. No. 2005-111, § 1, 4-28-05)
Sec. 9-8.
Enforcement procedure.
(a) It shall be the duty of the responsible city
departments to initiate enforcement proceedings of the various codes and
ordinances; no member of the CEB shall have the power to initiate such
enforcement proceedings.
(b) Except as provided in subsections (c) and (d), if a
violation of the city codes or ordinances is found, the inspector shall
notify the alleged violator and give him a reasonable time to correct the
violation. Should the violation continue beyond the time specified for
correction, the inspector shall notify the CEB and request a hearing. The
CEB through its clerical staff, shall schedule a hearing, and written notice
of such hearing shall be delivered to the alleged violator as provided by
this chapter. Notice may additionally be served by publication or posting as
provided by this chapter. If the violation is corrected and then recurs or
if the violation is not corrected by the time specified for correction, the
case may be presented to the CEB even if the violation was corrected prior
to the board hearing and the notice shall so state.
(c) If a repeat violation is found, the inspector shall
notify the violator of the finding but is not required to give the violator
a reasonable time to correct the repeated violation before scheduling a
hearing before the CEB. The inspector, upon notifying the violator of a
repeat violation, shall notify the CEB and request a hearing. The CEB,
through its clerical staff, shall schedule a hearing and shall provide
notice as provided by this chapter to the violator. The case may be
presented to the CEB 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 CEB may retain the right to schedule a hearing to
determine and impose the payment of reasonable enforcement costs upon the
repeat violation. The repeat violator may choose to waive the right to the
hearing on the merits and pay said costs as determined by the CEB.
(d) If the inspector has reason to believe a violation
presents a serious threat to the public health, safety, and welfare or, if
the violation is irreparable or irreversible in nature, the inspector shall
make a reasonable effort to notify the violator and may immediately notify
the CEB and request a hearing.
(Ord. No. 2005-111, § 1, 4-28-05)
Sec. 9-9.
Conduct of hearings.
(a) The CEB (in one (1) or more panels) will meet at least
once a month unless there are no pending cases, or at other times as may be
necessary The chair of the CEB may call hearings of the CEB at times other
than the regularly scheduled sessions, upon the request of a department
director or the city attorney's office. Hearings may also be called by
written notice signed by at least three (3) members of the CEB. Special
masters will meet three (3) times pre month or as may be otherwise
necessary.
(b) Minutes shall be kept by the CEB of all hearings,
specifically including the vote of each member upon each question, and all
hearings and proceedings shall be open to the public. All testimony shall be
under oath and mechanically recorded. An alleged violator or the city may
cause the proceedings to be recorded by a certified court reporter at the
requesting party's expense.
(c) The city shall provide a hearing room and clerical and
administrative personnel as may be reasonably required by the code
enforcement board to conduct its hearings and perform its duties.
(d) Each case before the CEB shall be presented by the
administrative staff, including inspectors, of the city department which is
charged with the responsibility for enforcement of those specific code
sections alleged to have been violated. Additionally, the city attorney (or
designated assistant city attorney) may present cases before the code
enforcement board.
(e) Formal rules of evidence shall not apply to CEB
proceedings, but fundamental due process shall be observed and shall govern
the proceedings. Relevant evidence shall be admissible if it is the type of
evidence upon which reasonable and responsible persons would normally rely
in the conduct of business affairs, regardless of the existence of any
common law or statutory rule which might make such evidence inadmissible
over objections in a civil action. The chair of the code enforcement board
may exclude irrelevant or unduly repetitious evidence.
(f) Each party to the hearing shall have the right to call
and examine witnesses, introduce exhibits, cross-examine opposing witnesses,
impeach witnesses and rebut evidence. It shall be the responsibility of all
alleged violator to create, at his/her own expense a certifiable record of
the proceedings in case of appeal or administrative review.
(g) The alleged violator has the right at his own expense
to be represented by an attorney at any CEB hearing.
(h) The burden of proof shall be with the city to show by
the greater weight of the evidence that a code violation exists and that the
alleged violator committed or was responsible for allowing or maintaining
the violation.
(i) If notice to an alleged violator of the public hearing
has been provided pursuant to this chapter, the hearing may be conducted and
an order rendered in the absence of the violator.
(j) At the conclusion of the hearing, the CEB shall issue
findings of fact, based on the evidence of record, and conclusions of law
and shall issue an order binding on the violator or violators affording the
proper relief consistent with the powers granted in this chapter. The
findings shall be by a motion approved by a majority of those members
present and voting, except that, at least four (4) members must vote in
order for the action to be official. The order may include a notice that it
must be complied with by a specified date and that a fine may be imposed if
the order is not complied with by that date. Under the conditions specified
in section 9-13(a)(1), any expenses incurred by the city in performing
repairs or taking curative steps may be included together with the fine if
the order is not complied with in a timely fashion. The CEB may also
determine and include in its order the rate of the fine to be imposed if the
violator fails to comply with the order in a timely fashion.
(k) If the city prevails in prosecuting a case before the
CEB, it shall be entitled to recover all costs incurred in prosecuting the
case before the CEB and such costs may be included in the lien authorized in
section 9-14 of this chapter.
(l) If the violation concerns real property, a copy of the
order certified by the city clerk may be recorded in the public records of
the Hillsborough County and shall constitute binding notice of the
violations found therein to any subsequent purchasers, successors in
interest or assigns.
(m) If an order is recorded in the public records pursuant
to this chapter and the order is complied with by the date specified in the
order, the CEB shall issue an order acknowledging compliance or a release
that shall be recorded in the public records. A hearing is not required for
issuance of an order acknowledging compliance or release.
(Ord. No. 2005-111, § 1, 4-28-05)
Sec. 9-10.
Mandatory disclosures upon the transfer of property.
(a) If the owner of property that is the subject of an
enforcement proceeding before the CEB transfers ownership of that property
between the time that the initial pleading (notice of violation) is served
and the time that a hearing has been scheduled, such owner shall:
(1) Disclose the existence and nature of the proceedings in
writing to the prospective transferee, and
(2) Deliver to the prospective transferee copies of the
pleadings, including all notices of violation, affidavits of violation, and
notices of any kind, including hearing notices received by the transferor
prior to the transfer, and
(3) Disclose in writing to the prospective transferee that
the new owner will be responsible for compliance with the applicable code
provisions and any order(s) issued in the CEB proceeding, and
(4) File a notice with the CEB Secretary of the transfer of
the property, identifying the new owner by full name(s) and address and
attaching copies of the disclosures made to the new owner no later than five
(5) days from the date of transfer or closing.
(b) Failure to make the disclosures required by this
section before the transfer of the property shall create a rebuttable
presumption of fraud.
(c) If the property is transferred to a bona fide purchaser
for value in an arms length transaction before the hearing, the proceedings
will not be dismissed but the new owner will be provided a reasonable time
period to correct the violations previously cited before the hearing is
held.
(Ord. No. 2005-111, § 1, 4-28-05)
Sec. 9-11.
Powers of the code enforcement board.
The CEB shall have the power to:
(1) Adopt rules for the conduct of its hearings which are
consistent with this Code and F.S. Ch. 162, as they may be amended from time
to time;
(2) Subpoena alleged violators and witnesses to its
hearings. Subpoenas may be served by the sheriff's office or duly qualified
private process serves at the expense of the requestor. Issuance and returns
of service for CEB subpoenae shall be governed by the rules enacted by the
CEB to conduct its hearings;
(3) Subpoena evidence to its hearings;
(4) Take testimony under oath;
(5) Issue an order having the force of law commanding
whatever steps are necessary to bring the violation in compliance.
(Ord. No. 2005-111, § 1, 4-28-05)
Sec. 9-12.
Powers of the code enforcement board acting as the division of neighborhood
improvement review board and procedures therefor.
(a) An aggrieved party may seek de novo review of an order
of the director of the department of code enforcement before the CEB. A
notice of violation directing a party to take corrective action as called
for under section 9-8 of this chapter is not an order for purposes of this
section. Proceedings under this section are not governed by the provisions
of F.S. Ch. 162.
(b) To initiate the review process, an aggrieved party must
file a written notice with the CEB secretary and serve a copy thereof on the
neighborhood improvement manager, no later than thirty (30) days from the
date of the challenged order which shall set forth the following:
(1) The name, mailing address and telephone number of the
aggrieved party. All further papers and notices shall be mailed to the
address provided by the aggrieved party in the notice unless written notice
of change of address is filed with the CEB secretary.
(2) Identify the order being challenged. A copy of the
challenged order must be attached to the notice.
(3) The legal and factual grounds supporting the aggrieved
party's claim for review.
(4) The aggrieved party shall file, together with the
notice, any documents and items that it wishes the CEB to consider at the
review hearing.
(c) Upon receipt of a timely notice, the CEB secretary will
schedule a hearing on the challenge before the CEB. A notice of hearing will
be mailed to the aggrieved party. The CEB secretary will compile the record
which shall consist of the file and papers kept by the division of
neighborhood improvement in connection with the challenged order and any
documents filed by the aggrieved party.
(d) At any hearing of the CEB acting as the department of
code enforcement review board, fundamental due process will be observed and
the parties shall have the right to call or cross-examine witnesses.
(e) The CEB may issue an order affirming or reversing the
order of the neighborhood improvement manager under its review but in no
event modify, condition, or change the terms of said order.
(Ord. No. 2005-111, § 1, 4-28-05)
Sec. 9-13.
Administrative fines and costs of repair.
(a) The CEB, may order a violator that has failed to comply
with an order of the CEB, or has been found to be a repeat violator, to pay
a fine in an amount within the limits specified in this section for each day
the violation continues past the date set by the CEB for compliance or, in
the case of a repeat violation, for each day the repeat violation continues
past the date of notice to the violator of the repeat violation. If a
finding of a violation or a repeat violation has been made as provided in
this chapter, a hearing shall not be necessary for the issuance of an order
imposing the fine.
(1) Whenever the CEB orders a violator to effect repairs or
otherwise correct a code or ordinance violation by a certain date, the
inspector shall inspect the premises or otherwise investigate whether the
order of the CEB has been complied with in a timely manner on the day
following the deadline or as soon thereafter as reasonable. Upon a finding
of non-compliance, the inspector shall file with the CEB clerk an inspection
report setting forth the facts of such non-compliance. A copy of the
inspection report shall be served on the violator by hand delivery-delivery
or U.S. Mail.
(2) A violator who disputes an inspector's finding of
non-compliance made under subsection (1) hereof, may seek a hearing before
the CEB to challenge the finding or findings by filing a written motion with
the CEB clerk and serving a copy on the city attorney's office no later than
ten (10) days from the date of service of the inspection report. The motion
will set forth with specificity the grounds for challenging the findings.
The CEB clerk will schedule a hearing and notify the violator by U.S. Mail.
If theCEB, after hearing the motion, upholds the finding(s) of the
inspector, all costs arising from the hearing may be assessed against the
violator and included in the lien authorized by this chapter.
(b) (1) A fine imposed pursuant to this
section shall not exceed one thousand dollars ($1,000.00) per day per
violation for a first violation and shall not exceed five thousand dollars
($5,000.00) per violation per day for a repeat violation. However, if the
CEB finds a violation to be irreparable or irreversible in nature, it may
impose a fine not to exceed fifteen thousand dollars ($15,000.00) per
violation.
(2) In determining the amount of any fine the CEB should
consider the gravity of the violation, any actions by a violator to correct
the violation and any previous violations committed by the violator, the
willfulness of the violation and the alleged violator's ability to correct
the violation within a reasonable time period.
(3) If the CEB makes a finding that a violation presents a
serious threat to the public health, safety and welfare, the CEB shall
notify the city governing body, which may make all reasonable repairs that
are required to bring the property into compliance and charge the violator
with the reasonable costs 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 of Tampa 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.
(4) The code enforcement board may reduce a fine imposed
pursuant to this section in such amounts and upon such conditions, including
time deadlines, as it may deem appropriate up to the time that the order is
referred to the local governing body attorney for enforcement. Subsequent
thereto, requests for fine reductions and lien settlements shall be directed
to and handled by the local governing body attorney who shall have the same
discretion to negotiate these fines and liens as for matters in litigation.
(Ord. No. 2005-111, § 1, 4-28-05)
A party who has been adversely affected by the result of a public hearing
before the CEB may move for a new hearing on the matter upon the grounds
enumerated below. A motion for rehearing must be served and filed within ten
(10) days after the date of entry of the CEB order. The time cannot be
extended. A motion that is served within the ten-day period may be amended
to allege new grounds with leave of the code enforcement board. On its own
initiative, the CEB may order rehearing within ten (10) days afterthe entry
of the code enforcement order. After timely service of a motion, the time to
file a notice of appeal runs from the date of rendition of the order on the
motion, not from any code enforcement order that has been entered. If a
notice of appeal is filed by the moving party before the motion for
rehearing is heard, the motion is waived. The ground of a motion for
rehearing shall fall into one (1) or more of the following categories:
(1) Errors on of the record;
(2) Errors committed during the public hearing;
(3) Misconduct of the code enforcement board;
(4) Misconduct of a party;
(5) Misconduct of a third person;
(6) Misconduct of a witness;
(7) Newly discovered evidence;
(8) The conclusions of law are contrary to the applicable
law.
(Ord. No. 2005-111, § 1, 4-28-05)
(a) All notices to an alleged violator required by this
chapter shall be provided as follows:
(1) By certified mail, return receipt requested, provided
that if such notice is sent under this paragraph to the owner of the
property in question at the address listed in the tax collector's office for
tax notices, and at any other address provided to the city by such owner,
and is returned unclaimed or refused, notice may be provided by posting as
described in subsection 9-18(b)(2) hereof and by first class mail directed
to the addresses furnished to the local government with a properly executed
proof of mailing or affidavit confirming the first class mailing;
(2) Hand delivery by the sheriff's office, code inspector
or any other person duly designated and authorized by the city;
(3) Leaving the notice at the violator's usual place of
residence with any person residing therein who is above fifteen (15) years
of age and informing that person of the contents of the notice; or
(4) In the case of commercial premises, leaving the notice
with the manager or other person in charge.
(b) In addition to providing notice as set forth in
9-18(a), at the option of the inspector as to notices of violation and the
CEB as to notices of hearing, a notice may be served by publication or
posting as follows:
(1) By publishing the notice once during each week for four
(4) consecutive weeks (four publications being sufficient) in a newspaper of
general circulation in Hillsborough county. The newspaper shall meet such
requirements as are prescribed under F.S. Ch. 50, for legal and official
advertisements. Proof of publication shall be made as provided in F.S. §§
50.041 and 50.051.
(2) In lieu of publication, a notice may be posted at least
ten (10) days prior to the hearing or to the expiration of any deadline
contained in a notice, in at least two (2) locations, one (1) of which shall
be on the property at which the violation is alleged to exist and the other
of which shall be in the lobby of Tampa City Hall, 315 East Kennedy
Boulevard, Tampa, Florida. Proof of posting shall be made by affidavit of
the person (s) posting the notice(s) and shall include a copy (which may be
in the form of a photograph) of the notice posted and the date and places of
its posting.
(c) Notice by publication or posting may run concurrently
with, or may follow, an attempt or attempts to provide notice by hand
delivery or by mail as provided in paragraph (a) hereof.
(d) Evidence that an attempt has been made to deliver or
mail notice as provided in paragraph (a) hereof, together with proof of
publication or posting as provided in paragraph (b)(1) and (2), shall be
sufficient to show that the notice requirements of this part have been met,
without regard whether or not the alleged violator received actual notice.
(Ord. No. 2005-111, § 1, 4-28-05)
