427 0 obj <>stream <> to bring said condition into compliance with the City Code and to charge the violator Annual financial disclosure is required. The Special Magistrates shall be appointed by the Board of County Commissioners and shall be comprised of four Magistrates. Red Light Cameras - Monthly, generally 1st Thursday, 9 AM. The CEB and CESMs shall have the authority to impose administrative fines and other These notice provisions could be adopted, verbatim into a local government alternative process. Register to receive time-sensitive messages about emergencies and certain non-emergency events straight from us to you. %PDF-1.5 Another significant decision in establishing an alternative code enforcement process is the extent of authority to be delegated to a special magistrate. Tampa, FL 33602, Mailing Address: 162, as well as ensuring the substantive and procedural due process required in these types of hearings, can lead to indefensible orders that are overturned by the courts. All rights reserved. Code Enf. NOTE: You can upload attachments after submitting this form. <>>> 9-108(l), Tampa, Fla. Code. However, notice is a significant part of any code enforcement proceedings, including notice of the alleged violations, notice of hearing dates and times, notices of failure to comply, final orders, etc. 2d 142, 147 (Fla. 2d DCA 2003); Michael D. Jones, PA v. Seminole Co., 670 So. 162.03 (2014) (Applicability. Washington's complaint alleged these facts. These tools established by Ch. 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. APPELLATE OPINION This consolidated case is before the court to review two decisions of the Code Too often, however, these volunteer boards become plagued by problems with attendance, bias, or inefficiency. The code fines will cease after an inspector confirms that all the violations have been corrected, but any assessed fines and County administrative costs spent to prosecute the case will remain against the violator until satisfied. 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. 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 . Phone: (813) 272-7181, CESM InformationCESM Schedule & AgendasCitizen Boards Support, 601 E. Kennedy Blvd. 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. 4 0 obj )I0 1PBY)##e Ch. For local governments concerned by a flawed code enforcement board system, the Florida Legislature has permitted alternative processes to be adopted. 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. [10] City of Tampa v. Brown, 711 So. 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. The mayors announcement comes as a new, thorough assessment of Tampas citywide tree canopy coverage dropped by 2.3 percent since 2016. 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. h242V0Pw/+Q04L)642 This merger provides a more expedient and efficient overall response time to issues addressing property maintenance standards along with maintenance for the city's interstate, gateways, parkways and neighborhoods. The special magistrate's (or magistrates') authority shall be coextensive with the grant of authority in F.S. However, there are several drawbacks to the use of community volunteer boards to effectuate code enforcement. While there is no one reason for the canopy decrease, new state laws restricting the ability to regulate trees on private property, development, and the age of canopy all played a part of the decline. If your issue is an emergency, please use the telephone and dial 911. Its our job to mitigate these losses in every manner possible" (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. County Center Tampa, FL 33602 Vehicle for Hire & Trespass Towing - Monthly, generally 4th Thursday, 9 AM. To report specific infractions select the link that most closely . 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. condition presents a serious threat to the public health, safety, and welfare so as 11 Fla. Const. Commercial Vehicles in a Residential Zone Inoperative Vehicles 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. Dates vary due to COVID. Notice of Cancellation and Rescheduling of the Public Hearing for November 9. 286.011 (2014). If a jurisdiction chooses to maintain both a special magistrate and a code enforcement board, it is important to clearly assign duties and powers to these respective entities to avoid confusion and power struggles. 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. 162, the Local Government Code Enforcement Boards Act, the legislature expressly granted Florida cities and counties the power to enforce their codes through a variety of tools, including fines, abatement, and foreclosure. When sufficient volunteers cannot be located to fill vacancies, or a quorum cannot be met, the volunteer boards cannot conduct business, and code enforcement violations remain unaddressed for months at a time.5. 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.). 13 For general discussion of extent of notice requirements, see City of Tampa v. Brown, 711 So. endstream endobj 431 0 obj <>stream Ch. endstream endobj 428 0 obj <>stream 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; For example, a code may establish a process whereby simple violations, such as overgrowth of weeds or inappropriate vehicle parking, is directed to a code enforcement board. 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. Code Enforcement General Inquiries Use this service for general correspondence to Code Enforcement. art. 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. For information on how to appeal, contact the Clerk of the Circuit Court or your legal counsel. 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. 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. March 9, 2017 Mr. Lonnie N. Groot 1001 Heathrow Park Lane . 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.). 163.3215(f) (2014), which sets forth minimum qualifications for special masters used in certain quasi-judicial land development decisions. In order to investigate potential violations of codes and ordinances requires the name and address of the complainant. The report providing information about the size, composition, health, and distribution of Tampas trees found canopy coverage of 30 percent of the citys total land area, its lowest point in 26 years. After 30 days, all City of Tampa Civil Citations must be paid at the Clerk of the Circuit Court. defnition ; section 82-182 ; Accela Citizen Access. 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. I am enlisting everyone - city government, individuals, businesses, neighborhood groups for this crucial mission, because Tampas tree canopy needs help. I, as it may be amended from time to time. 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. Section 162.03 directly contemplates enforcement by a special magistrate by first allowing a local government to abolish a local government board and then allowing such government to 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. This section further specifies that any special magistrate shall have the same status as an enforcement board under this chapter and notes that most references within the act to an enforcement board shall be considered to apply to a special magistrate, context permitting.7, Reinforcing this legislative intent to grant local governments authority to replace or supplement a local volunteer board with a special magistrate is found in F.S. 315 E. Kennedy Blvd. Explore more guides to help you find what you need. divided up into residential mobile home lots.6 In October of 2020, a Tampa code enforcement special magistrate agreed with the city's interpretation of the law, finding that the tree removal violated Tampa's 7 An appeal of the special magistrate's decision is currently pending.8 Effect of Proposed Changes HB 1167 defines the term: h\PK0+LM)'uV. 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. "I am enlisting everyone - city government, individuals, businesses, neighborhood groups for this crucial mission, because Tampa's tree canopy needs help. While we construe pro se pleadings liberally, "we do not have "license to . <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Alternative Strategies for Code Enforcement and Use of Special Magistrates Lemon Street Municipal Office Building This column is submitted on behalf of the City, County and Local Government Section, Mark CS Moriarty, chair, and David Miller, editor. Use this service for general correspondence to Code Enforcement. the reasonable cost of the repairs or action along with any fine imposed pursuant You have not filled out all of the required fields. 2023 The Florida Bar. 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. The operation of one (1) or more code enforcement boards ("CEB") and/or one or more code enforcement special magistrates ("CESM"), is authorized by F.S. 14 Floridas requirements for public meetings, known as the Sunshine Act, is set forth in Fla. Stat. 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.). 2d 1188, 1189 (Fla. 2d DCA 1998). 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. Document file sizes are large. 6 Fla. Stat. As a local government proceeding, any such hearing must also be public in nature and recorded.14 While a special magistrate need not strictly follow the rules of civil procedure or evidence, these rules should still guide the hearing process to ensure that a full and fair airing of the evidence is provided. the City Code. To report specific infractions select the link that most closely describes the situation: For all other inquiries that may affect the quality of life within the boundaries of the city, complete the form below. 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. Chapter 162, F.S. The CEB and CESMs shall have the authority to make a determination whether a property Dates vary due to COVID. 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. 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. 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 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. In order to view PDF documents, you'll need to download Free Adobe Acrobat. Explore more guides to help you find what you need. 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. 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. 2. 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. 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? 162, Pt. 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 . Use this service for general correspondence to Code Enforcement. 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. 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. 20.5 and 27 of the City of Tampa Code. code enforcement special magistrates ("CESM"), is authorized by F.S. Building Board of Adjustment, Appeals & Examiners, Code Enforcement Special Magistrate (CESM), Cross Connection and Backflow Control Board, Law, Codes, Enforcement, Construction and Land Use, Burglar False Alarm Ordinances and Land Development Program, Zoning Signs and Minimum Standards Ordinances, Vehicle for Hire and Trespass Towing Ordinances, Community Codes - Monthly, generally 2nd Monday, 9 AM. F.S. junk, trash, debris). 9 A good reference point for qualifications can be found in Fla. Stat. After 90 days from the Order recordation, the case is sent to the County Attorney's Office for enforcement of the lien. Her relationship with Mr. Goodstein 5 The membership and voting requirements of a code enforcement board is established in Fla. Stat. Most commonly, this alternative process involves the appointment of a special magistrate to either supplement or replace the traditional code enforcement board. Per F.S. 162 that authorize a local government to utilize a special magistrate in lieu of a volunteer board. If you need an officer to respond to address a concern please call police dispatch at 813-231-6130. Explore more guides to help you find what you need. Zoning Violations (e.g. 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.). 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. 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 such authority will be shared, it is important to clearly delegate the powers between the two entities. 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. I, to provide an equitable, expeditious, effective and inexpensive method of enforcing 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. 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. PS4 & Enlist front line workers in stormwater, mobility, water and other city departments to identify key opportunities for trees and to make planting trees a higher priority. Rather, the only avenue by which the decision of a code enforcement board may be challenged is through appeal to the local circuit court.3. 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. 4 The composition of a code enforcement board is established by Fla. Stat. More complex matters, such as inappropriate use of land or allegations of slum or blight, would be designated to the special magistrate. Traditional Use of Code Enforcement Boards to Effectuate Code Enforcement 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. It is a fortunate local government that maintains an operational, effective, and well-perceived code enforcement board. Request services from Hillsborough County online 24 hours-a-day, 7 days-a-week 24/7 online development permitting solution. A case may still be heard in the absence of the violator, provided legal service of the Notice of Hearing has been obtained. When addressing the Magistrate,please state yourname,address,and speak clearly into the microphone. 311 Pauls Drive Commercial Vehicles in a Residential Zone, Zoning Violations (e.g. {er.M-8$XT0` VGO,? If the violations are not corrected within the time given, a fine per day may be assessed. Brandon, Fl., 33511, Sonia O. Rodriguez 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. Manager, Citizen Boards Support 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. Whenever possible, Magistrates should represent the following categories: Special Magistrates shall serve three year terms. 4900 W. Lemon Street 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. "_I6U2>bS kih2Ee=S?~r%Ju5^26 /x:ex^Hy Ya~'1&/bdb*. to warrant the immediate abatement of the condition by directing the appropriate city Phone: Continue the Mayors Tree Giveaway, providing residents with 1,000 free trees annually. 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. 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. The division continues the effort to reduce litter, graffiti and illegal dumping. Expand the citys Tree-mendous Tampa program to allow people to receive up to five free trees, up from two. 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. We need to act quickly and decisively to replenish our invaluable urban forest, which has decreased over the past decade,said Mayor Jane Castor. 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. This process would be compatible to the manner in which an agency may opt to refer an administrative hearing to an administrative law judge. II, 5(a) establishes the dual-office holding prohibition. Brandon Regional Service Center While much of the Local Government Code Enforcement Boards Act indicates a legislative assumption that local governments will utilize volunteer code enforcement boards to render determinations as to the existence of code violations and applicable fines, also hidden within the law is an option for cities and counties to forego use of such boards entirely. Illegal Signs art. Another method for assignment of cases may be to allow the code enforcement board, by appropriate vote, to refer certain cases to the special magistrate. In accordance with Florida Statutes 162.21 and 166.0415, the City of Tampa does not accept anonymous complaints of code violations. 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. Further, like the composition of a jury, these community members are the peers of local land owners that may have alleged code enforcement violations. This will avoid the waste of public and private resources that would result if all parties had to fully prepare their case and witnesses for the board hearing, only to have the board vote to refer the case to the magistrate. The decision is issued as a written order, signed by the Chair, and sent to the violator. 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.. *Files are kept in the office of Citizen Boards Support. Key findings show: For more information and to apply, visit the City of Tampa's website attampa.gov/trees.
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