The first decision is whether such alternative process will use a special magistrate in lieu of a code enforcement board or serve as a supplement to the board. Aggressively enforce existing laws and maximize fines for illegal tree destruction where appropriate. These Special Magistrates have jurisdiction to hear violations of all codes and ordinances of Hillsborough County with most cases arising out of violations of the County's housing, building, zoning and sign codes and ordinances to maintain minimum health and safety standards, burglar false alarm ordinance and natural resources regulations, the water restriction ordinance, and red light camera appeals; and vehicle for hire and trespass towing ordinance. Some local governments have also found that board members drawn from the local community may also come to the board with predetermined loyalties, vendettas, or biases that prohibit those members from affording the due process necessary to this quasi-judicial process. However, should this method be utilized, the process should require such vote be taken at a separate, prior meeting to the hearing at which the substantive merits of the alleged violation should be heard. 162.06 and 162.07 establish much of the protocols for notice and conduct of a hearing to ensure that due process is provided to the alleged violator. Id. endobj x=ko8?e(i10;L$Ks[k*>DIdL jd]Rz\7?\l}~j6_,o4^_^W/?G1+@~?}E$"H(.GTO?>6d~Y 6 ^5@s9lL>:usBf-|a?tQ-K&$=nVKm`w8F7Zj?^m[-u}[6$C=io? M?~y0|,Fk?t8=R6e8ee;#(#K8GCLcXAi&Q]eL-P1^Zsq]|aN=5X$P.45(y2(Ubu{|kz#5Su#~6Qxd PX9PjfRQ*?DJQ8,}Q?*Z%[Qr)YK%&;U=fc/G&K&*H[IB7m Z 14 Floridas requirements for public meetings, known as the Sunshine Act, is set forth in Fla. Stat. The statutory scheme clearly contemplates that a special magistrate may step into the shoes of a code enforcement board to engage in the practices and utilize the tools available to effectuate local government code enforcement. Vehicle for Hire & Trespass Towing - Monthly, generally 4th Thursday, 9 AM. {er.M-8$XT0` VGO,? %PDF-1.7 % % Rarely is the special magistrate a volunteer from the community, but rather is typically retained on a contractual basis by the local government to serve in this particular capacity. All testimony is taken under oath. 162.05, the board must be composed of either five or seven members depending on the size of the local government.4 While finding sufficient volunteers is not a difficulty for larger cities, it can be extremely challenging for smaller cities with a smaller pool of community members to fill the board vacancies. Phone: (813) 272-7181, CESM InformationCESM Schedule & AgendasCitizen Boards Support, 601 E. Kennedy Blvd. Code Enforcement Special Magistrate/Code Enforcement Board (CESM/CEB) Community Affairs/Neighborhood Relations (Neighborhood Engagement/Mayor's University/Community Partnerships) Citizens Review Board (CRB) Historic Preservation Commission (HPC) Construction Services Natural Resources Ron Wigginton, Assistant City Attorney Another significant decision in establishing an alternative code enforcement process is the extent of authority to be delegated to a special magistrate. junk, trash, debris) Bey v. City of Tampa Code Enforcement Further, like the composition of a jury, these community members are the peers of local land owners that may have alleged code enforcement violations. Document file sizes are large. In establishing such an alternative system of code enforcement, it is vitally important that the local government ensure a process to maintain procedural and substantive due process protections. )I0 1PBY)##e A well-functioning code enforcement board, one with a regular membership that fairly and unbiasedly apply local laws, is a boon to any local government. In that case, the Court concluded that, because the violator had "received notice, had the opportunity to be heard, and was provided a copy of the final . 11 Fla. Const. In the special magistrate process, one individual, usually with legal training, conducts a public hearing regarding the alleged violation, renders a ruling, establishes fines, and conducts all other necessary processes for code enforcement. I, as it may be amended from time to time. 9 A good reference point for qualifications can be found in Fla. Stat. 162.05 requires local governments to retain a separate legal advisor for their code enforcement boards from the governments general legal counsel.6 This statutory mandate to employ an additional attorney as advisor to the volunteer board may negate the cost savings of using a volunteer board. These tools established by Ch. Case Nos. to exist. The Local Government Code Enforcement Boards Act requires that, when possible, such boards be composed of an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor.2 Unlike other appointed city or county boards, the code enforcement board has a significant amount of autonomy and authority in that its decisions are final. Due process in local government hearings requires notice and an opportunity to be heard.12 Much of this article has been dedicated to the hearing portion of due process requirements. A special magistrate ordered the developers to prevent further deterioration and said that, if they want to demolish the structure, 13th Floor would need approval from the Historic Preservation Board. The Department of Code Enforcement is the City of Tampa entity responsible for enforcing Chapters 19, 20.5 and 27 of the City of Tampa Code. II, 5(a) establishes the dual-office holding prohibition. County Center 2d 200 (Fla. 1988), rehg dismissed as improvidently granted, 748 So. Its our job to mitigate these losses in every manner possible" Alternatively, when both a special magistrate and a code enforcement board will be maintained, the ordinance may allow the alleged violator to decide whether the hearing will be conducted by the magistrate or the board. If the violations are not corrected within the time given, a fine per day may be assessed. Tampa, FL - library.municode.com The following fields must be filled to send the message: When you submit this form, you will receive a Tracking Number and Access Key allowing you to follow-up on this submittal. For information on how to appeal, contact the Clerk of the Circuit Court or your legal counsel. The Order states the basic facts of the case, identifies the remedy, and gives the penalty if the violations are not corrected in the time allowed. Advisory Legal Opinion - Special Magistrate Code Enforcement Hearings Manager, Citizen Boards Support Defendant Steve Mateyka is a code enforcement officer with the Defendant City of Tampa Code Enforcement. If your issue is an emergency, please use the telephone and dial 911. In addition to the decision as to whether to keep by the code enforcement board and the special magistrate, and how to assign cases between them, another important decision will be to establish the qualifications and terms of employment of a special magistrate.9 To ensure the special magistrate has a firm understanding of Florida law, best practices would require any applicant to be an attorney of good standing in Florida. PDF HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HB 1167 Tree Pruning (2) A charter county, a noncharter county, or a municipality may, by ordinance, adopt an alternate code enforcement system that gives code enforcement boards or special magistrates designated by the local governing body, or both, the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances. The CEB and CESMs shall have the authority to make a determination whether a property Similarly, if the government wishes to have a minimum or maximum term in office for the magistrate it may be indicated in the ordinance. It is a fortunate local government that maintains an operational, effective, and well-perceived code enforcement board. Tampa, FL 33602, Mailing Address: Notice: In accordance with House Bill 60, passed July 1, 2021, anonymous complaints will no longer be accepted. Therefore, any code enforcement process must have clearly articulated reasonable methods by which notice of these proceedings will be provided to the alleged violator.13 F.S. Tampa, Florida 33601, Neighborhood Enhancement Performance Dashboard, Search Code Enforcement Liens and Utility Balances (Conduits), Accumulated Junk Trash or Debris on Private Property, Commercial Vehicle Violation in a Residential Zone, Illegal Dumping or Accumulations on Right-of-Way, Neighborhood Tree Services (Right-of-Way), Neighborhood Enhancement Performance Charts. Expand the citys Tree-mendous Tampa program to allow people to receive up to five free trees, up from two. Further, the local government should clearly articulate the framework for an alternative system, including whether the process will make use of both a code enforcement board and a special magistrate, the processes and powers of the special magistrate, and the level of local government supervision of the special magistrates employment. 162 enable local governments to ensure compliance with any local code or ordinance.1 Local codes subject to enforcement action can include matters ranging from zoning violations, tree cutting, creation of nuisances, excessive noise, unsafe buildings, and nearly any other matter properly regulated in the local government code. : COD-19-3317 CITY OF TAMPA, COD-19-3586 Appellee. art. It is the intent of this chapter to promote, protect and improve the health, safety, The City of Tampa, acting through the building official, or his/her designee, has the authority pursuant to home rule and police powers granted under Article VIII, Section 2, of the Florida Constitution, to determine and declare the existence of (1) abandoned construction sites, (2) construction projects for which permits have lapsed or expired, and (3) buildings or structures (or parts . References in this chapter to an enforcement board, except in s. 162.05, shall include a special magistrate if the context permits.). 601 E. Kennedy Blvd. 162, Part Code Enforcement Board / Special Magistrate Information, Conservation & Environmental Lands Management, Facilities Management & Real Estate Services, Government Relations & Strategic Services, Current Code Enforcement Board / Special Magistrate Board Schedules and Agendas, Code Enforcement Special Magistrate Procedural Rules. The presence of four or more members shall constitute a quorum of any seven-member enforcement board, and the presence of three or more members shall constitute a quorum of any five-member enforcement board.). junk, trash, debris). 4900 W. Lemon Street 9-108(l), Tampa, Fla. Code. stream See AGO 2002-78, AGO 2010-19, and AGO 2013-18 for analysis of dual-office holding prohibition in regard to code enforcement magistrates (also known as hearing officers.). She received her J.D. 9-101. Register to receive time-sensitive messages about emergencies and certain non-emergency events straight from us to you. These notice provisions could be adopted, verbatim into a local government alternative process. Violations must be proven by a preponderance of the evidence. Therefore, while a city or county may be quite creative in developing code enforcement procedures best suited to its jurisdictional needs, an awareness and recognition of these legal constraints must be reflected in the adopted procedures. Ch. The City of Tampa Neighborhood Enhancement Division (formerly Code Enforcement & Clean City Divisions) enforces all non-criminal city ordinances, codes, and regulations. All evidence and testimony must be received during the public hearing. She is a former assistant county attorney and former assistant city attorney, and currently represents private clients in local government proceedings, including code enforcement hearings. The City of Tampa Neighborhood Enhancement Division (formerly Code Enforcement & Clean City Divisions) enforces all non-criminal city ordinances, codes, and regulations. While many local governments have a high rate of success with traditional code enforcement boards, some cities and counties have adopted alternative methods of code enforcement to replace or to supplement reliance on Ch. Lemon Street Municipal Office Building 601 E. Kennedy Blvd. In addition to division of authority, the legislation should include the powers of the special magistrate in regard to the conduct of hearings, the imposition of fines, reduction of fines or liens, etc. We also improve the quality of life for Tampa residents through maintenance efforts of medians and vacant lots. [10] City of Tampa v. Brown, 711 So. The City presented the testimony of Laurie Tiberio, who lives next door to the subject property. Illegal Signs Tampa, FL 33602. Use this service for general correspondence to Code Enforcement. Such a board creates a public perception of fairness and competence for the local government and may save taxpayer funds. You have not filled out all of the required fields. Do not submit any personal or sensitive information such as account numbers or names. Special Magistrate | Hialeah, FL The drafter should bear in mind that the special magistrate is likely to be in regular communication with code enforcement staff regarding new cases and setting agendas. Dates vary due to COVID. After two consecutive terms, a Magistrate shall not be eligible for reappointment until one calendar year has elapsed from date of termination of the second term. Alternatively, the code enforcement ordinance may establish certain rules relating to civil procedure and evidence, such as whether testimony will be taken under oath, whether cross-examination will be allowed, whether evidence may be submitted at the hearing or is required to be submitted in advance, whether hearsay will be permitted, etc. The alleged violator must be afforded a meaningful opportunity to be heard in regard to the alleged violation. Unincorporated residency is required. 8 To maintain the governments flexibility to adjust assignments between the magistrate and the board, this list might be adopted by resolution rather than in the codified ordinance since a resolution may be more easily and quickly amended. to this article. Commercial Vehicles in a Residential Zone, Zoning Violations (e.g. Dates vary due to COVID. 162 and the volunteer board. Pros and Cons to the Use of Code Enforcement Boards In exercising such creativity, however, it is important to keep in mind that while the legislature has granted broad discretion to local governments in this arena, the legislature does not and cannot exempt local governments from compliance with common law and due process requirements. Another technical, but important, concern is whether ex parte communications will be permitted, and if so, under what framework. Explore more guides to help you find what you need. As with many elements of the drafting process, the simplest method for assignment of powers to the special magistrate will be to simply reiterate the powers set forth in Ch. T_R\TRY$CC2Rz@ ct%j3326G U 286.011 (2014). A map of urban heat, based on summertime land surface temperatures, found that areas with tree canopy are nearly 6F cooler than areas with more impervious surfaces. In doing so, the government will protect its citizens from unfair enforcement while also ensuring the defensibility of code enforcement orders in court. Launch a new voucher program to encourage and help people buy trees from local nurseries. The new tree canopy report includes several new elements, including an online survey and in-person interviews focused on residents experiences and values of trees, an urban heat map, and environmental equity analysis. As such, it is recommended that the local ordinance prohibit employment as a special magistrate any person who already holds an office per Fla. Const. 162, Part I, to provide an equitable, expeditious, effective and inexpensive method of enforcing the City Code. However, without legal training, such volunteers may lack the legal skills necessary to conduct the code enforcement hearings, particularly during board discussion and imposition of penalty phases, which meet legal requirements. Tampa has been a nationally recognized Tree City for 41 years, and its tree ordinance requires an assessment of the tree canopy and urban forest every five years, with todays results reflecting data collected in 2021. endobj II, 5(a). These Special Magistrates have jurisdiction to hear violations of all codes and ordinances of Hillsborough County with most cases arising out of violations of the County's housing, building, zoning and sign codes and ordinances to maintain minimum health and safety standards, burglar false alarm ordinance and natural resources regulations, the The mayors announcement comes as a new, thorough assessment of Tampas citywide tree canopy coverage dropped by 2.3 percent since 2016. hTmo0+C~X*%X+@#X;0`PmH^|CP pZA+d?RtXd(M`2*"xfy3UV*C-u{f4`i4. -zRF{~UQ ?6CQ/JElGPp^){ Tampa, FL 33602 2023 The Florida Bar. 2d 95, 96 (Fla. 5th DCA 1996); Rutledge v. Co. of Hillsborough, 2005 WL 2416976 at *6 (13th Cir. h\PK0+LM)'uV. 2d 1188, 1189 (Fla. 2d DCA 1998). The Special Magistrate is invested with the statutory authority found in chapter 162 of the Florida statutes to hear code enforcement cases. Tell us what was confusing, missing or inaccurate about this page. City of Tampa Code Enforcement Inspector Bill Davidson testified that the case originated on August 27, 20133 and that he ordered the inspection to Plaintiffs property. Commercial Vehicles in a Residential Zone, Zoning Violations (e.g. The value of trees in Tampa is almost immeasurable - the benefits for shade, flood prevention, water quality, air, and aesthetics - all make trees a critical city asset,said Whit Remer, City of Tampa's Sustainability & Resiliency Officer. The local governing body of a county or a municipality that has a population equal to or greater than 5,000 persons must appoint seven-member code enforcement boards.). Although as noted above, there is a perception of cost-savings by use of a volunteer board, one must keep in mind that F.S. While a local government must appoint independent legal counsel to advise its code enforcement board, such legal counsel is merely advisory and cannot compel the board members to heed their advice. In order to view PDF documents, you'll need to download Free Adobe Acrobat. Rather, the statutory criteria to serve on a code enforcement board is simply a desire to serve on the board and appointment by the appropriate government officials. 162.03 (2014) (Applicability. Susan Johnson-Velez, Senior Assistant City Attorney In order to investigate potential violations of codes and ordinances requires the name and address of the complainant. To report specific infractions select the link that most closely describes the situation: Mayor Jane Castor today called on Tampa to renew and re-energize its commitment to maintaining a word class tree canopy, setting a goal of planting 30,000 new trees by 2030. to warrant the immediate abatement of the condition by directing the appropriate city / On review of a final order of the Code Enforcement Special Magistrate for the City of Tampa, Florida. h242V0Pw/+Q04L)642 hj0_eJRPJISQl}'N J7we&` g2I(I.k4eN3hZ&y 4..:-eiUi#&^m"74[k)95l[Qpx4&mZbwWM&wrqyAUUh31^. |22jOdsdDA8Olr~:/!C. 16th Floor The Code Enforcement Board and Special Magistrates have the same powers and duties and are empowered by Florida Statutes 162 and Hillsborough County Code of Ordinances and Laws, Chapter 14, Article II, Section 14.. At The Hearing All evidence and testimony must be received during the public hearing. 2d 1002 (Fla. 1999). Hillsborough County - Code Enforcement Special Magistrate (CESM) Code enforcement special magistrate (CESM) means the special magistrate or magistrates appointed by the mayor and approved by the city council. Such occurrences tend to waste the time of the board members who did attend, as well as local government staff, citizens with alleged violations, and community members in attendance. Neighborhood Enhancement | City of Tampa sp sm apartments llc, 5403 w gray st, tampa fl 33609 . 6 Fla. Stat. It is important to establish parameters around such communications to protect the integrity of the process. 162.13, which states that nothing within the act prohibits a local government body from enforcing its codes by any other means.. endstream endobj 430 0 obj <>stream junk, trash, debris), Health Related Licenses and Permits (State of Florida), Re-Zonings, Variances to Regulations and Special Uses, Public Records Search (Hillsborough County Clerk of the Circuit Court), Arrest Inquiry (Hillsborough County Sheriffs Office), Jail Inquiry (Hillsborough County Sheriffs Office), Warrant Inquiry (Hillsborough County Sheriffs Office), Property Tax Records (Hillsborough County), Vital Records - Birth, Death, Divorce, Marriage (State of Florida Dept of Health).
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