endstream endobj 432 0 obj <>stream Chapter 9 - CODE ENFORCEMENT | Code of Ordinances | Tampa, FL M?~y0|,Fk?t8=R6e8ee;#(#K8GCLcXAi&Q]eL-P1^Zsq]|aN=5X$P.45(y2(Ubu{|kz#5Su#~6Qxd PX9PjfRQ*?DJQ8,}Q?*Z%[Qr)YK%&;U=fc/G&K&*H[IB7m Z Karen Zagrodny Consalo is a partner with the Consalo Law Firm, P.A., and serves as the code enforcement special magistrate for the Town of Oakland. While the former process is likely the simpler, there may be local reasons that keeping a code enforcement board is preferred, such as a legislative or political reluctance to suddenly dismantle an operational board. 162, Pt. Mayor Jane Castor today called on Tampa to renew and re-energize its commitment to maintaining a word class tree canopy, setting a goal of planting 30,000 new trees by 2030. Sept. 2, 2005) (finding due process was violated because there was no opportunity for the property owners to protest factual findings, the penalties were retroactive, and proper procedure was not followed). Maintenance of Structures 3 0 obj ,1c!SLT$ The decision is issued as a written order, signed by the Chair, and sent to the violator. In a similar vein, some cities and counties experience poor attendance rates by the volunteer members. 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. PS4 & 162.05(1) (2014) (The local governing body of a county or a municipality that has a population of less than 5,000 persons may appoint five-member or seven-member code enforcement boards. department to make all reasonable repairs or take all reasonable action necessary 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. Bey v. City of Tampa Code Enforcement 601 E. Kennedy Blvd. Per F.S. 315 E. Kennedy Blvd. 9-108(l), Tampa, Fla. Code. 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 . 2d 142, 147 (Fla. 2d DCA 2003); Michael D. Jones, PA v. Seminole Co., 670 So. 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. Important: In accordance with Florida Statutes 162.21 and 166.0415, the City of Tampa does not accept anonymous complaints of code violations. Best Practices for Use of Alternative Code Enforcement Procedures 9-101. Municipal code enforcement board and special magistrates 162, Part I, to provide an equitable, expeditious, effective and inexpensive method of enforcing the City Code. After 30 days, all City of Tampa Civil Citations must be paid at the Clerk of the Circuit Court. )I0 1PBY)##e 9 A good reference point for qualifications can be found in Fla. Stat. The ordinance should also include a default assignment of the case in the event the alleged violator fails to timely make the selection. PDF Case 8:14-cv-00954-JDW-AEP Document 11 Filed 07/25/14 Page 1 of 11 The County will present its case, and the violator may then respond. 2022. 352-629-city (2488) code enforcement special magistrate administrative hearing docket hearing information location: wednesday, march 30, 2022 . Code Enforcement Special Magistrate Administrative Hearing Docket at 19. Tampa, FL 33602 Annual financial disclosure is required. endstream endobj 428 0 obj <>stream Mayor Castors tree initiative includes several elements: Mayor Castor said the 30,000 new trees will be a mix of shade, native, and specialty trees, and that maintaining and keeping healthy the existing canopy is as important as planting new trees. CODE ENFORCEMENT BOARD AND SPECIAL MAGISTRATES. . Otherwise, the code enforcement process could be stalled indefinitely simply by the violator failing to make a selection between board or magistrate. Tell us what was confusing, missing or inaccurate about this page. It is the responsibility of the violator to contact the citing department for a re-inspection when the violations have been corrected. Aggressively enforce existing laws and maximize fines for illegal tree destruction where appropriate. Protection for historic coastal properties could be gutted under PDF In the Thirteenth Judicial Circuit for The State of Florida Civil Advisory Legal Opinion - Special Magistrate Code Enforcement Hearings 162.03 (2014) (Applicability. We also improve the quality of life for Tampa residents through maintenance efforts of medians and vacant lots. 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. Commercial Vehicles in a Residential Zone, Zoning Violations (e.g. The CEB and CESMs shall have the authority to impose administrative fines and other (813) 274-8996, Search Code Enforcement Liens and Utility Balances (Conduits), Variance Review Board (VRB) and Appeals to Council, FLUEDRA (Bert Harris Private Property Rights Act)Petitions, Architectural Review Commission (ARC) and Appeals to Council, Barrio Latino Commission (BLC) and Appeals to Council, FLUEDRA (Bert Harris Private Property Rights Act) Petitions, Development Agreements/Annexation Agreements, Petitions for Review to Council from Staff Decisions, Neighborhood Enhancement/Code Enforcement, Code Enforcement Special Magistrate/Code Enforcement Board (CESM/CEB), Community Affairs/Neighborhood Relations (Neighborhood Engagement/Mayors University/Community Partnerships), Real Estate (Land Sales except for acquisitions). Dates vary due to COVID. h242Q0Pw.JM,sI,Ip220!cCCSCS]SuuM" bM}tfpE)EE) Tampa, FL 33602, Mailing Address: Phone: In drafting this type of ordinance, it is imperative to set a timeframe within which the alleged violator must make its selection of a board or magistrate hearing. 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. (1) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided herein. 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. To report specific infractions select the link that most closely describes the situation: While seemingly of less importance than the broad legislative decisions discussed above, the details for provision of notifications must be set forth in the ordinance. It is a fortunate local government that maintains an operational, effective, and well-perceived code enforcement board. City of Tampa Unveils Strategy to Plant 30,000 Trees by 2030, TODAY - Live eBike Voucher Lottery Drawing, Mayor Jane's Tree Giveaway Returns, Providing 1000 Free Trees to Residents. Code Enf. 4 0 obj Per 163.3215(f), the magistrate must be an impartial special master who is an attorney who has at least five years experience and who shall, at the conclusion of the hearing, recommend written findings of fact and conclusions of law. 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. Tell us what was confusing, missing or inaccurate about this page. 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.). One option would be to assign cases between the two entities based upon severity of the alleged violation(s). While we construe pro se pleadings liberally, "we do not have "license to . 4 The composition of a code enforcement board is established by Fla. Stat. If such predispositions for or against a landowner can be demonstrated in a judicial challenge, it may result in a reversal of the code enforcement action. As such, in codes in which the special magistrate is authorized, such magistrates should retain the same powers as a traditional code enforcement board, including the ability to call meetings, to determine if code violations exist, to establish penalties for violations, and to reduce fines. (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. If such authority will be shared, it is important to clearly delegate the powers between the two entities.