CEB Coordinators & Secretaries

CODE ENFORCEMENT CEB Coordinators & Secretaries

ARE YOU STRESED AT WORK

CEB Coordinators & Secretaries Florida State Statute 162 The statutes that allow Cities and Counties to Set up Code Boards and Special Magistrates. Local jurisdictions may provide administrative personnel as necessary to aid the Board in performance of its duties

CEB Coordinators & Secretaries RESPONCIBILITIES • Review and process cases • Prepare and send notices • Ensure due process is legally correct • Prepare agendas • Disseminate orders • File and release liens

RESPONCIBILITIES • Serve as a liaison between Board/Special Magistrate and the Public • Ex Parte communication is prohibited by law • The Goal is to prepare all cases legally and give the violators due process

Case Preparation • Who should be noticed ? • F.S. 162.12 – notice provided to owner of record. • Officer/inspector/ admin staff must determine who should receive notice. • Ensure due process. • Trusts. • Should list the actual “trust” as respondent • Send notice in care of the trustee • Corporations. • Service to officers; and/or • Registered agents

Notices of Violation • Death of owner of record. • Must notify all heirs. • Notify executor or administrator of estate. • Bankruptcy. • Chapter 11- Business Reorganization • Chapter 13 – Individual Reorganization • Chapter 7 – Liquidation of Assets

Notices of Violation • Bankruptcy. • Code Enforcement actions is not “Automatically stayed” from action. • 11 U.S.C. §362(b)(4)(a)(1) defines exemption for code enforcement • If the code lien is filed prior to the bankruptcy, collection effort must stop, the lien is included in the case. • If violations still exist it may be recommended to start a new case • Contact your attorney if you have questions concerning whom to notice.

Notices of Violation • The term “ET AL” translates to “all others” • If this term is used on the deed there are others listed. • Foreclosures the term “Lis Pendens” means a notice has been recorded in the public record. If the foreclosure process is not complete, certificate of title has not changed. The existing owner is still the owner of record. • When in doubt Notice Everyone

Case File • CASE FILES MAY CONTAIN THE FOLLOWING: • Affidavit or statement from the Officer / Inspector • Copy of Notice of violation • Copy of Property appraiser Tax Deed • Corporations: Copy of Sunbiz • Trusts: copy of the trust • Any other pertinent information • Remember the Case file is your code Board RECORD

Due Process • F.S. 162.12 – very specific in the notice requirements for the fulfillment of due process. • Must meet criteria for providing service. • Primary Service • Secondary Service

Due Process • Primary Service • Certified Mail, Return Receipt Requested • F.S. 162.12(a) • If unclaimed or refused, can go to “secondary” method (posting or publishing), and “by first class mail directed to the addresses furnished to the local government with a properly executed proof of mailing.” • FOR CORPORATIONS certified mail to the “registered Agent” or all the officers of the corporation • If unclaimed or refused, can go to “secondary” method (posting or publishing), and “by first class mail directed to the addresses furnished to the local government with a properly executed proof of mailing.”

Due Process • Primary Service • Hand Delivery • By giving notice directly to respondents. • By leaving notice at known residence with any person at least 15 years of age who resides there. • Commercial locations by giving notice to manager or someone in charge.

Due Process • Secondary Service • Must follow attempt at primary service. • Posting • Must occur at least 10 days prior to the meeting. • Posted in two separate locations. • Publication • In lieu of posting. • Notice shall be published once each week for four consecutive weeks in a newspaper of general circulation in the county where the code board is located.

Due Process • It is the coordinator or Secretary’s responsibility to monitor all the cases to ensure proper service has been obtained. • Evidence that an attempt has been made to send certified mail or hand deliver, together with proof of publication or posting shall meet the State requirements . • Whether or not the violator actually received the notice.

Code Enforcement Board Agendas • Prepare 1 -2 weeks before the Hearing • Final agenda 1-2 days before the Hearing • Order of the Agenda set by Jurisdiction or Board

Code Enforcement Board • For Code enforcement Boards you must ensure a quorum of Board members will be present at the Hearing.

Code Enforcement Boards • Quasi Judicial • Population less than 5,000 may appoint 5 or 7 members. • Population 5,000 or more must appoint 7 members. • Government may appoint 2 alternates to serve in the absence of regular members.

Code Enforcement Board • If you do not have enough members for a quorum, the Hearing must be cancelled and all cases must be re-noticed for the next Hearing.

Secretaries and Coordinator Duties • Prior to the Hearing: • Transport all files • Set up room • Distribute Agendas • Sign In sheet

Secretaries and Coordinator Duties • During the Hearing: • Roll call of Board Members • Administer the Oath of Witnesses • Record any changes or corrections on the agenda • Call the Cases • Any other assigned duties

Reasonable Time • F.S. 162.06(2) – “…if a violation of the code is found, the code enforcement officer/inspector shall notify the violator and give the violator a reasonable time to correct the violation.” • F.S. 162.12 – if Notice of Violation and Hearing are in the same document, they must meet notice requirements. • Several factors determine reasonable time: • Type and complexity of the violations • Severity of the violations • Life safety concerns • Statutory and jurisdictional guidelines

Hearings • Code enforcement officers/inspectors present their cases. • CEB and Special Magistrates issue findings of fact, conclusions of law and order. • All testimony taken under oath. • Meetings/hearings follow Roberts Rules of Order.

Code Enforcement Boards • Officer/inspector presents evidence and testimony to prove violation. • Provide alleged violators opportunity to present: • Evidence • Testimony • If Board establishes guilt, determines “reasonable” time for compliance and an appropriate penalty for continued non- compliance.

Code Enforcement Boards • After considering the evidence, the Board issues an order by which both the officer and respondent must abide. • Respondent may appeal order within 30 days of issuance to the Circuit Court. • Although formal rules of evidence do not apply, • Testimony is taken under oath and recorded. • Fundamental due process observed. • Because an appeal is only a review of the existing record created before the Board, officers/inspectors must get all relevant information on the record.

Code Enforcement Boards • F.S. 162.07 (4) provides for recording orders in the public record. • F.S. 162.08 gives Boards the power to subpoena alleged violators and witnesses. • F.S. 162.09 empowers the CEB to: • Record a lien against the property. • Impose fines. • Up to $250 per day for first time violations. • Up to $500 per day for repeat violations. • Up to $5,000 for irreparable or irreversible violations. • May include costs of repairs.

Code Enforcement Boards • Local government having a population equal to or greater than 50,000 may adopt an ordinance authorizing the Board to impose fines as follows: • Up to $1,000 per day for a first violation. • Up to $5,000 per day for a repeat violation. • Up to $15,000 if the violation is irreparable or irreversible. • Local governments may seek money judgments to enforce their codes.

Secretaries and Coordinator Duties • After the Hearing: • Written Orders signed by the Chair or Magistrate • Finding of Fact

MASSEY HEARING HEARING TO IMPOSE FINE OR PENALTY

Due Process • Implies the right of the people affected to be present before the tribunal who pronounces judgment upon questions of life, liberty, or property. • Also implies that violators have the right to be heard by testimony or otherwise and to have the right of bringing proof on every material fact which bears on the question of right in the matter involved. • Must ensure that the three prongs of due process are met: • Reasonable notice • Opportunity to appear • Opportunity to be heard

Affidavits • Sworn written statements made under oath. • Ensure all facts and details are correct. • Most common types of affidavits used in code enforcement are: • Affidavit of Hand Delivery • Affidavit of Posting • Affidavit of Non-Compliance • Affidavit of Compliance • Falsifying an affidavit is perjury!

NOTERY • Florida Notary laws: • The notary must always witness the signing of a • document • Make sure the document is completely filled out • correctly • The notary must initial any corrections • Avoid “Split Jurat” a part of the document should • be on the page with the signature line

Code Enforcement Boards • Certified copy of the Board’s order recorded in the public record shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. • Three months after a lien is recorded and the Board may authorize the local governing body attorney to foreclose or sue for a money judgment. • Homestead property exempt from foreclosure. • The Orders have the force or law and cannot be changed • Code Enforcement Board liens continue in force for 20 years.

LIEN STATUS • Partial release of Lien: • One party or one property is removed from the lien. • The lien remains in full force on the other person or property • Full release of lien: • Property ownership has changed before recording • Property is in compliance and all fines paid • Fines waived by the Board or Magistrate

TAX DEEDS • If a property is delinquent in property taxes, it may be sold in a Tax Deed • Homesteaded Property: • Your jurisdiction may receive part of the excess proceeds • The code lien is extinguished on the property (not on the violator) • New owner may need to be cited • Non Homesteaded Property: • Code lien does transfer to new owner • Does not encumber any other property of the new owner

Appeals • An aggrieved party, including the local governing body, may appeal an order to the Circuit Court. • F.S. 162.11 – parties must file within 30 days of the execution of the order being appealed. • Appeal limited to the “record” of the case created before the ruling body. • Must follow the Rules of Appellate Procedure, Rule 9.110.

Repeat Violators • Same Violator • Same Ordinance Violated. • Found Guilty within 5 years • Repeat Violators does not need to have “reasonable time to comply” • Case can immediately be scheduled for a Hearing • Fines can be assessed from the date of the first non-compliance inspection

Recurring Violations • Properties that have been cited multiple times, but always come into compliance before the Hearing • Can be brought to a Hearing even if in compliance • Property was in violation but is now in compliance, the Board or Magistrate may issue an “Order to Remain in Compliance”

Public Records Ch 119 • All materials received by the Government in the official conduct of its business is a public record • These records shall be inspected by anyone desiring to do so • There is no reason why, and you cannot refuse • There are exemptions to Chapter 119 and some records are not considered “public”. These must be redacted from the records transmitted. • Fees by law .15 per single page or .20 for double • May also charge for staff time • Records retained for 5 years from last action • Can be brought to a Hearing even if in compliance • Property was in violation but is now in compliance, the Board or Magistrate may issue an “Order to Remain in Compliance”

Thank You from the Florida Association of Code Enforcement and the F.A.C.E. Certification Committee 2006 ∙ Florida Association of Code Enforcement, Inc.

CEB Coordinators & Secretaries