Whenever possible, Magistrates should represent the following categories: Special Magistrates shall serve three year terms. 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. 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. She is certified by The Florida Bar in city, county and local government law. endstream endobj 430 0 obj <>stream She received her J.D. If your issue is an emergency, please use the telephone and dial 911. 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.). It is the intent of this chapter to promote, protect and improve the health, safety, Her relationship with Mr. Goodstein department to make all reasonable repairs or take all reasonable action necessary 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. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> endstream endobj 429 0 obj <>stream 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. N The Special Magistrates shall be appointed by the Board of County Commissioners and shall be comprised of four Magistrates. ,1c!SLT$ and certificate of environmental and land use law from the University of Florida. These notice provisions could be adopted, verbatim into a local government alternative process. 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. Expand the citys Tree-mendous Tampa program to allow people to receive up to five free trees, up from two. Ch. Anthony Bordonaro Code Enforcement Special Magistrate 03/01/2022 9:00 a.m Robert Saunders Library - 1505 N Nebraska Ave Tampa, FL Welcome to Hillsborough County Code Enforcement Special Magistrate Hearing. Notice: In accordance with House Bill 60, passed July 1, 2021, anonymous complaints will no longer be accepted. 427 0 obj <>stream 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. 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 For local governments concerned by a flawed code enforcement board system, the Florida Legislature has permitted alternative processes to be adopted. If you need an officer to respond to address a concern please call police dispatch at 813-231-6130. 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. 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. 2d 95, 96 (Fla. 5th DCA 1996); Rutledge v. Co. of Hillsborough, 2005 WL 2416976 at *6 (13th Cir. 162, Pt. 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. 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. 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. 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. All rights reserved. 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. County Center The order may be recorded in the public record and will constitute a lien against the violator, against the property that is in violation, and against any other real or personal property owned by the violator (. 601 E. Kennedy Blvd. and welfare of the citizens of the City of Tampa. 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. stream 2d 200 (Fla. 1988), rehg dismissed as improvidently granted, 748 So. Washington's complaint alleged these facts. defnition ; section 82-182 ; Bey v. City of Tampa Code Enforcement Red Light Cameras - Monthly, generally 1st Thursday, 9 AM. 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. After 30 days, all City of Tampa Civil Citations must be paid at the Clerk of the Circuit Court. 2023 The Florida Bar. 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. 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. Illegal Signs PS4 & Some local governments, particularly smaller cities, run into difficulty in consistently filling these volunteer positions. 315 E. Kennedy Blvd. Phone: (813) 272-7181, CESM InformationCESM Schedule & AgendasCitizen Boards Support, 601 E. Kennedy Blvd. 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. 14 Floridas requirements for public meetings, known as the Sunshine Act, is set forth in Fla. Stat. 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 2 0 obj 601 E. Kennedy Blvd. <> 311 Pauls Drive Posted. Do not submit any personal or sensitive information such as account numbers or names. Support quarterly neighborhood-based tree planting projects. Explore more guides to help you find what you need. 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. Do not submit any personal or sensitive information such as account numbers or names. All evidence and testimony must be received during the public hearing. Continue the Mayors Tree Giveaway, providing residents with 1,000 free trees annually. to exist. 13 For general discussion of extent of notice requirements, see City of Tampa v. Brown, 711 So. of Tampa officials pursuant to City Code sections 19-5(a) or 5.115.3. Better utilize the citys tree trust funds and work with the city council to put more resources into maintaining the existing tree canopy. Per F.S. The alleged violator must be afforded a meaningful opportunity to be heard in regard to the alleged violation. We also improve the quality of life for Tampa residents through maintenance efforts of medians and vacant lots. If assignment of cases is conducted in this manner, best drafting practices would be to list each type of code violation and assign it to either the board or magistrate.8 Further, such ordinances should include a catch-all default for any unlisted violations to be directed to one or the other of the entities. 11 Fla. Const. 12 See Kupke v. Orange Co., 838 So. Advisory Legal Opinion - Special Magistrate Code Enforcement Hearings 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. 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. All rights reserved. It is a fortunate local government that maintains an operational, effective, and well-perceived code enforcement board. Dates vary due to COVID. 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. 9-101. 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. Ch. Further, as civic-minded volunteers, the board members serve without compensation, allowing local governments to expend little in direct costs or staff time to ensure this vital aspect of local government is accomplished responsibly. Article II. 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. 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. Another technical, but important, concern is whether ex parte communications will be permitted, and if so, under what framework. <> 2d 598, 599-600 (Fla. 5th DCA 2003); Massey v. Charlotte Co., 842 So. code enforcement special magistrates ("CESM"), is authorized by F.S. 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.). 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). sp sm apartments llc, 5403 w gray st, tampa fl 33609 . 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. 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. 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. Chapter 9 - CODE ENFORCEMENT | Code of Ordinances | Tampa, FL The City of Tampa Neighborhood Enhancement Division (formerly Code Enforcement & Clean City Divisions) enforces all non-criminal city ordinances, codes, and regulations. 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. Explore more guides to help you find what you need. 5 The membership and voting requirements of a code enforcement board is established in Fla. Stat. the City Code. The mayors announcement comes as a new, thorough assessment of Tampas citywide tree canopy coverage dropped by 2.3 percent since 2016. The Special Magistrate is invested with the statutory authority found in chapter 162 of the Florida statutes to hear code enforcement cases. city of ocala code enforcement division 201 se 3rd street (2nd floor) ocala, fl 34471 . Tell us what was confusing, missing or inaccurate about this page. endobj I, to provide an equitable, expeditious, effective and inexpensive method of enforcing 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. In that regard, an alternative code enforcement ordinance may simply make reference to the rules of civil procedure and rules of evidence as guiding but not mandatory documents. 162, Part endstream endobj 431 0 obj <>stream Inoperative Vehicles to warrant the immediate abatement of the condition by directing the appropriate city PDF Case 8:14-cv-00954-JDW-AEP Document 11 Filed 07/25/14 Page 1 of 11 If a code enforcement board is comparable to a jury, then the special magistrate is the judge of code enforcement procedures. 162 and the volunteer board. There are many apparent benefits to the use of volunteer boards to adjudicate code enforcement violations. %PDF-1.7 % 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.). : COD-19-3317 CITY OF TAMPA, COD-19-3586 Appellee. The special magistrate's (or magistrates') authority shall be coextensive with the grant of authority in F.S. 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 . 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. PDF In the Thirteenth Judicial Circuit for The State of Florida Civil 9-108(l), Tampa, Fla. Code. Document file sizes are large. Explore more guides to help you find what you need. 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. Tampa, FL 33602. Lemon Street Municipal Office Building Richard K. Fueyo - Trenam 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. In a similar vein, some cities and counties experience poor attendance rates by the volunteer members. In order to investigate potential violations of codes and ordinances, the person making the complaint must provide his or her name and address. Too often, however, these volunteer boards become plagued by problems with attendance, bias, or inefficiency. Further, like the composition of a jury, these community members are the peers of local land owners that may have alleged code enforcement violations. 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. The failure of a board to follow the detailed processes set forth in Ch. 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. Further, 162.05(e) includes mandatory disqualification of code board members who miss two of three meetings without statutory justification, which may lead to the board itself having insufficient membership to even call a meeting. 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. 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. the reasonable cost of the repairs or action along with any fine imposed pursuant Davidson confirmed that the code violations listed in the Notice were still present. Annual financial disclosure is required. endobj 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. 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. 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 Hillsborough County - Code Enforcement Special Magistrate (CESM) F.S. Tampa City Council Citizens Advisory Budget and Finance Committee, 2016; Community Involvement. Code Enforcement Board / Special Magistrate Information Important: In accordance with Florida Statutes 162.21 and 166.0415, the City of Tampa does not accept anonymous complaints of code violations. If such certified mail is not claimed, the ordinance should have an alternative delivery method through personal service of process, posting of the property, and/or publication in the local newspaper, also within a certain number of days prior to the hearing. The division continues the effort to reduce litter, graffiti and illegal dumping. 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. Id. and HC Code of Ordinances and Laws, Chapter 14, Article II, Section 14. Please be patient. Accela Citizen Access. 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 CODE ENFORCEMENT BOARD AND SPECIAL MAGISTRATES. 162 that authorize a local government to utilize a special magistrate in lieu of a volunteer board. Similarly, procedural due process standards should be maintained at the hearing. A case may still be heard in the absence of the violator, provided legal service of the Notice of Hearing has been obtained. As such, lack of attendance can prohibit a board from achieving quorum numbers and lead to cancellation of the scheduled meeting. 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).

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