Municipal code enforcement board and special magistrates created; authority of code enforcement board and special magistrates. 14 Floridas requirements for public meetings, known as the Sunshine Act, is set forth in Fla. Stat. 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. If such authority will be shared, it is important to clearly delegate the powers between the two entities. I, as it may be amended from time to time. 162 for code enforcement boards, with appropriate references to the magistrate instead. Notice: In accordance with House Bill 60, passed July 1, 2021, anonymous complaints will no longer be accepted. Similarly, procedural due process standards should be maintained at the hearing. 2022. N 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. 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. h242Q0Pw.JM,sI,Ip220!cCCSCS]SuuM" bM}tfpE)EE) junk, trash, debris) city of ocala code enforcement division 201 se 3rd street (2nd floor) ocala, fl 34471 . Karen Zagrodny Consalo is a partner with the Consalo Law Firm, P.A., and serves as the code enforcement special magistrate for the Town of Oakland. Request services from Hillsborough County online 24 hours-a-day, 7 days-a-week 24/7 online development permitting solution. She is certified by The Florida Bar in city, county and local government law. and HC Code of Ordinances and Laws, Chapter 14, Article II, Section 14. Tampa City Council Citizens Advisory Budget and Finance Committee, 2016; Community Involvement. defnition ; section 82-182 ; Pros and Cons to the Use of Code Enforcement Boards A special magistrate shall have the same status as an enforcement board under this chapter. 427 0 obj <>stream In regard to terms of employment of a special magistrate, it is important to designate who within the local government has authority to hire or dismiss the magistrate. The City of Tampa Neighborhood Enhancement Division (formerly Code Enforcement & Clean City Divisions) enforces all non-criminal city ordinances, codes, and regulations. It is the responsibility of the violator to contact the citing department for a re-inspection when the violations have been corrected. 2d 598, 599-600 (Fla. 5th DCA 2003); Massey v. Charlotte Co., 842 So. How to Search for Information in Accela Citizen Access. 10 Florida Bar certification in city, county, and local government law might also be made a requirement, or a hiring preference, as it would ensure that the magistrate has a firm understanding of city and county code enforcement. While the legislative alternative to engage a special magistrate is a highly useful option for local governments, such option will only be as functional as the local government code that establishes the process. Practice Group LeaderSusan.Johnson-Velez@tampagov.net / 813-274-8790, Assistant: Debbie.Crawford@tampagov.net / 813-274-8841, Dana Crosby Collier, Senior Assistant City AttorneyDana.CrosbyCollier@tampagov.net / 813-274-8270, Rebecca Johns, Assistant City AttorneyRebecca.Johns@tampagov.net / 813-274-5915, Assistant: Debbie.Crawford@tampagov.net /813-274-8841, Camaria Pettis-Mackle, Assistant City AttorneyCamaria.Pettis-Mackle@tampagov.net / 813-274-8738, Assistant: Shawny.Tim@tampagov.net / 813-274-8412, Ron Wigginton, Assistant City AttorneyRonald.Wigginton@tampagov.net / 813-274-8876, Assistant: Astonah.Turner@tampagov.net / 813-274-5168, Old City Hall, 5th Floor The City of Tampa Neighborhood Enhancement Division (formerly Code Enforcement & Clean City Divisions) enforces all non-criminal city ordinances, codes, and regulations. Most commonly, this alternative process involves the appointment of a special magistrate to either supplement or replace the traditional code enforcement board. In this regard, the composition of a code enforcement board is much like an empaneled jury, if a jury governed all conduct in the courtroom. 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. To inculcate in its members the principles of duty and service to the public, to improve the administration of justice, and to advance the science of jurisprudence. It is the intent of this chapter to promote, protect and improve the health, safety, Support quarterly neighborhood-based tree planting projects. 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). APPELLATE OPINION This consolidated case is before the court to review two decisions of the Code Whenever possible, Magistrates should represent the following categories: Special Magistrates shall serve three year terms. Appeals of the code enforcement orders must be filed in Circuit Court within 30 days from the code board order date. Survey results show that having a lot of trees in the city is either extremely important (70.4%) or very important (21.6%), suggesting that 92% of survey participants highly value the trees in the City. NOTE: You can upload attachments after submitting this form. 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. Id. junk, trash, debris) Overgrown Lots or Yards For all other inquiries that may affect the quality of life within the boundaries of the city, complete the form below. 14 enforce its ordinances and city codes through the use of Code Enforcement 15 Special Magistrates and Code Enforcement Boards; and 16 17 WHEREAS, the City of Tampa has chosen to enforce its City Code 18 provisions and City ordinances through the use of Code Enforcement Special junk, trash, debris). Tell us what was confusing, missing or inaccurate about this page. For information on how to appeal, contact the Clerk of the Circuit Court or your legal counsel. Its our job to mitigate these losses in every manner possible" 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. T_R\TRY$CC2Rz@ ct%j3326G U Brandon Regional Service Center If compliance is achieved within 90 days of the Order recordation, a request for a fine reduction may be submitted. The operation of one (1) or more code enforcement boards ("CEB") and/or one or more Richard K. Fueyo - Trenam However, there are several drawbacks to the use of community volunteer boards to effectuate code enforcement. 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. Similarly, if the government wishes to have a minimum or maximum term in office for the magistrate it may be indicated in the ordinance. Launch a new voucher program to encourage and help people buy trees from local nurseries. The authority could rest with the mayor or chair, the chief administrative officer or manager, the city or county attorney, or it could require a majority vote of the legislative body. 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. In accordance with Florida Statutes 162.21 and 166.0415, the City of Tampa does not accept anonymous complaints of code violations. Tampa, FL - library.municode.com (c) Commercial Vehicles in a Residential Zone Through F.S. Tell us what was confusing, missing or inaccurate about this page. 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. To report specific infractions select the link that most closely describes the situation: Commercial Vehicles in a Residential Zone Zoning Violations (e.g. These tools established by Ch. The mayors announcement comes as a new, thorough assessment of Tampas citywide tree canopy coverage dropped by 2.3 percent since 2016. stream As such, lack of attendance can prohibit a board from achieving quorum numbers and lead to cancellation of the scheduled meeting. 311 Pauls Drive Zoning Violations (e.g. The CESMs are authorized to hear and review the appeals of orders entered by City 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. It is important to establish parameters around such communications to protect the integrity of the process. Land Use and Real Estate | City of Tampa Copyright 2023 by eLaws. 9 A good reference point for qualifications can be found in Fla. Stat. an ordinance of the city of tampa, florida, relating to street cafe, making revisions to city of tampa code of ordinances, chapter 27 {zoning and land development); amending section 27-43, definitions; amending section 27- 127, classes of special use permits; agent or body responsible for each general procedure; providing for repeal of all ordinances or parts of ordinances in . If your issue is an emergency, please use the telephone and dial 911. Once up and running, the well-drafted alternative code enforcement process can quickly reverse perception of an unfair or ineffective code enforcement program and result in more enforceable code enforcement orders. In order to investigate potential violations of codes and ordinances requires the name and address of the complainant. As community volunteers, members of code enforcement boards typically have an intimate understanding of their community, including its historic and current development patterns, areas of local blight, the reputation of local landlords and land-holding trusts, pending redevelopment efforts, and other civic matters that may enable the board to review pending cases in the context of a larger understanding of community well-being. 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. 315 E. Kennedy Blvd. City of Tampa Unveils Strategy to Plant 30,000 Trees by 2030 Further, since there are a multitude of systems that might be adopted, it is important that elected officials indicate their preferences, at least in establishing the broad parameters of an alternative process, at the start of the drafting process. You have not filled out all of the required fields. 163.3215(f) (2014), which sets forth minimum qualifications for special masters used in certain quasi-judicial land development decisions. After 30 days, all City of Tampa Civil Citations must be paid at the Clerk of the Circuit Court. Commercial Vehicles in a Residential Zone, Zoning Violations (e.g. code enforcement special magistrates ("CESM"), is authorized by F.S. to this article. endobj 163.105(5) (2014) requires a local government to maintain separate legal counsel for its code enforcement board (The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities.). Phone: (813) 272-7181, CESM InformationCESM Schedule & AgendasCitizen Boards Support, 601 E. Kennedy Blvd. Even when not challenged in court, a perception of such personal predisposition of board members erodes local confidence in the fairness of these enforcement actions. To report specific infractions select the link that most closely describes the situation: Neither the boards finding of a violation nor its establishment of a fine for the violation require further approval by the city council or county commission. The CEB and CESMs shall have the authority to make a determination whether a property to bring said condition into compliance with the City Code and to charge the violator Violations must be proven by a preponderance of the evidence. Box 2200 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. 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. 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. 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. The role of a special magistrate as an office for purposes of the constitutional prohibition on dual-office holding had not been judicially resolved in Florida.11 However, the Florida attorney general has issued several opinions on this issue that conclude, in general, a special magistrate would be an office subject to dual-office holding prohibitions. 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. Vehicle for Hire & Trespass Towing - Monthly, generally 4th Thursday, 9 AM. and welfare of the citizens of the City of Tampa. Code Enforcement Board / Special Magistrate Information 162.12 establishes an extensive list of various types of notice that should be attempted, including mailing, posting, and publication. While we construe pro se pleadings liberally, "we do not have "license to . 2d 200 (Fla. 1988), rehg dismissed as improvidently granted, 748 So. Accela Citizen Access. The City presented the testimony of Laurie Tiberio, who lives next door to the subject property. The alleged violator must be afforded a meaningful opportunity to be heard in regard to the alleged violation. 352-629-city (2488) code enforcement special magistrate administrative hearing docket hearing information location: wednesday, march 30, 2022 . Explore more guides to help you find what you need. sp sm apartments llc, 5403 w gray st, tampa fl 33609 . 4900 W. Lemon Street Tampa, FL 33602 This Florida statute provides the legal procedures by which a special magistrate presides over the quasi-judicial code enforcement process and identifies the special magistrate's powers and duties. 6 Fla. Stat. However, if the local government opts for less extensive notice provisions, it should still, at a minimum, including mailing via U.S. certified mail, return receipt requested, within a certain number of days prior to the hearing. P.O. The CEB and CESMs shall have the authority to impose administrative fines and other 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. 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. Explore more guides to help you find what you need. 162, Part 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. Enforcement of local government ordinances has traditionally been effectuated by volunteers from the community, appointed by local government elected officials and empaneled as the local code enforcement board. PDF CITY OF TAMPA - OrdinanceWatch condition presents a serious threat to the public health, safety, and welfare so as 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 162, Part I, to provide an equitable, expeditious, effective and inexpensive method of enforcing the City Code. Tampa Hispanic Bar Association Board Member, 2014-present; Tampa Preparatory School Dad's Club Co-Chair, 2010-2014; City of Tampa Code Enforcement Special Magistrate, 2009-present; Greater Tampa Catholic Lawyers Guild, 1998-present; On August 27, 2013, Washington's husband encountered Defendant Mateyka, whose city vehicle was blocking Washington's driveway. 3 0 obj F.S. I, to provide an equitable, expeditious, effective and inexpensive method of enforcing TampaGov Code Enforcement General Inquiries 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. 1 0 obj Tell us what was confusing, missing or inaccurate about this page. The decision is issued as a written order, signed by the Chair, and sent to the violator. If a code enforcement board is comparable to a jury, then the special magistrate is the judge of code enforcement procedures. 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. endobj 162.05(4) (2014) (The members of an enforcement board shall elect a chair, who shall be a voting member, from among the members of the board. A hearing on the violation was held before a City of Tampa Code Enforcement Special Magistrate on May 19, 2021. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Inoperative Vehicles Using these provisions as a model, the drafter may then amend to reflect the preferences of the local government. 162.03 places no limitations upon the creativity of a city or county in establishing a process that works best for that jurisdictions individual needs, such as population, budget, and extent of code enforcement needs. Failure to ensure that notices are provided, or at least attempted in a constitutionally sufficient manner, can invalidate the hearing and any orders resulting from the hearing. Request services from Hillsborough County online 24 hours-a-day, 7 days-a-week 24/7 online development permitting solution. However, there are alternatives for code enforcement when the local government finds that its volunteer board is not meeting the needs of the community. Implement a Neighborhood Tree Stewardship program to educate residents on tree care and the urban forest, Tampas municipal forest consists of 10.4 million trees across 259 woody plant species, Loss of tree canopy since 2011 is over 3,300 acres - an area roughly the size of 3.7 USF campuses, Potential tree planting locations within the City of Tampa is more than 15,000 acres of land.