city of tampa code enforcement special magistrate

13 For general discussion of extent of notice requirements, see City of Tampa v. Brown, 711 So. Tell us what was confusing, missing or inaccurate about this page. This column is submitted on behalf of the City, County and Local Government Section, Mark CS Moriarty, chair, and David Miller, editor. non-criminal penalties when violations of the City Code exist, existed, or continue 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. 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. 162 that authorize a local government to utilize a special magistrate in lieu of a volunteer board. 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. 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. 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. 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. Violations must be proven by a preponderance of the evidence. 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. The special master shall have the power to swear witnesses and take their testimony under oath, to issue subpoenas and other orders regarding the conduct of the proceedings.. Such a process would be much like the ability of a plaintiff to demand a bench or jury trial. Commercial Vehicles in a Residential Zone, Zoning Violations (e.g. 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. When addressing the Magistrate,please state yourname,address,and speak clearly into the microphone. 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. 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. Otherwise, the code enforcement process could be stalled indefinitely simply by the violator failing to make a selection between board or magistrate. 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. Ch. Defendant Steve Mateyka is a code enforcement officer with the Defendant City of Tampa Code Enforcement. Whenever possible, Magistrates should represent the following categories: Special Magistrates shall serve three year terms. 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. If you need an officer to respond to address a concern please call police dispatch at 813-231-6130. endstream endobj 428 0 obj <>stream [10] City of Tampa v. Brown, 711 So. She received her J.D. 11 Fla. Const. To report specific infractions select the link that most closely . Do not submit any personal or sensitive information such as account numbers or names. APPELLATE OPINION This consolidated case is before the court to review two decisions of the Code Copyright 2023 by eLaws. %PDF-1.7 % Washington's complaint alleged these facts. 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. 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. 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. 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. 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. In accordance with Florida Statutes 162.21 and 166.0415, the City of Tampa does not accept anonymous complaints of code violations. 14 Floridas requirements for public meetings, known as the Sunshine Act, is set forth in Fla. Stat. This process would be compatible to the manner in which an agency may opt to refer an administrative hearing to an administrative law judge. Best Practices for Use of Alternative Code Enforcement Procedures All evidence and testimony must be received during the public hearing. However, there are alternatives for code enforcement when the local government finds that its volunteer board is not meeting the needs of the community. The City of Tampa Neighborhood Enhancement Division (formerly Code Enforcement & Clean City Divisions) enforces all non-criminal city ordinances, codes, and regulations. We also improve the quality of life for Tampa residents through maintenance efforts of medians and vacant lots. h242Q0Pw.JM,sI,Ip220!cCCSCS]SuuM" bM}tfpE)EE) I, to provide an equitable, expeditious, effective and inexpensive method of enforcing Appeals of the code enforcement orders must be filed in Circuit Court within 30 days from the code board order date. Brandon, Fl., 33511, Sonia O. Rodriguez 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. CODE ENFORCEMENT BOARD AND SPECIAL MAGISTRATES. The CEB and CESMs shall have the authority to impose administrative fines and other 7 Fla. Stat. Explore more guides to help you find what you need. Use this service for general correspondence to Code Enforcement. 162 and the volunteer board. sp sm apartments llc, 5403 w gray st, tampa fl 33609 . 311 Pauls Drive 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. 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. 352-629-city (2488) code enforcement special magistrate administrative hearing docket hearing information location: wednesday, march 30, 2022 . 601 E. Kennedy Blvd. / On review of a final order of the Code Enforcement Special Magistrate for the City of Tampa, Florida. The CEB and CESMs shall have the authority to make a determination whether a property 1 0 obj 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. There are multiple provisions in Ch. 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). (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. A case may still be heard in the absence of the violator, provided legal service of the Notice of Hearing has been obtained. 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. 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. Request services from Hillsborough County online 24 hours-a-day, 7 days-a-week 24/7 online development permitting solution. Tampa, FL 33602 The ordinance should also include a default assignment of the case in the event the alleged violator fails to timely make the selection. However, there are several drawbacks to the use of community volunteer boards to effectuate code enforcement. All testimony is taken under oath. City of Tampa Code Enforcement Inspector Bill Davidson testified that the case originated on August 27, 20133 and that he ordered the inspection to Plaintiffs property. Maintenance of Structures 162.06 and 162.07 establish much of the protocols for notice and conduct of a hearing to ensure that due process is provided to the alleged violator. l/&RTaPX!V=;/3vfBQd.}^APu;_PJDuMo%.MNS;[fi^{p;_"_ q Manager, Citizen Boards Support 6 Fla. Stat. to this article. endobj Further, like the composition of a jury, these community members are the peers of local land owners that may have alleged code enforcement violations. 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. 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. 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. 2d 200 (Fla. 1988), rehg dismissed as improvidently granted, 748 So. 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. Such a board creates a public perception of fairness and competence for the local government and may save taxpayer funds. "I am enlisting everyone - city government, individuals, businesses, neighborhood groups for this crucial mission, because Tampa's tree canopy needs help. 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. 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. stream 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 . 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. to exist. Ch. Additionally, the author recommends a minimum practice period of five years, preferably in fields related to government or real estate law.10. A hearing on the violation was held before a City of Tampa Code Enforcement Special Magistrate on May 19, 2021. 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. Box 2200 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. junk, trash, debris) 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 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. 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. hTmo0+C~X*%X+@#X;0`PmH^|CP pZA+d?RtXd(M`2*"xfy3UV*C-u{f4`i4. -zRF{~UQ ?6CQ/JElGPp^){ 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. 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. To ensure an unbiased hearing and, thus, due process, the terms of a magistrates employment should expressly bar termination based upon the outcome of a case or cases. (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). P.O. 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. 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. 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. Phone: (813) 272-7181, CESM InformationCESM Schedule & AgendasCitizen Boards Support, 601 E. Kennedy Blvd. There are many apparent benefits to the use of volunteer boards to adjudicate code enforcement violations. Annual financial disclosure is required. 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. 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. Through F.S. of Tampa officials pursuant to City Code sections 19-5(a) or 5.115.3. I am enlisting everyone - city government, individuals, businesses, neighborhood groups for this crucial mission, because Tampas tree canopy needs help. If the violations are not corrected within the time given, a fine per day may be assessed. Most commonly, this alternative process involves the appointment of a special magistrate to either supplement or replace the traditional code enforcement board. Illegal Signs 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. . On August 27, 2013, Washington's husband encountered Defendant Mateyka, whose city vehicle was blocking Washington's driveway. Vehicle for Hire & Trespass Towing - Monthly, generally 4th Thursday, 9 AM. 162.12 establishes an extensive list of various types of notice that should be attempted, including mailing, posting, and publication. 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. (1) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided herein. Similarly, procedural due process standards should be maintained at the hearing. junk, trash, debris) Overgrown Lots or Yards NOTE: You can upload attachments after submitting this form. 2 0 obj 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. Tampa, FL 33602, Mailing Address: 162.13, which states that nothing within the act prohibits a local government body from enforcing its codes by any other means.. 162.03 (2014) (Applicability. Posted. h245R0P045Q042VwJ,Nu+wpvv+,,MqIwI-NNKI+)+ Per F.S. Tell us what was confusing, missing or inaccurate about this page. 162, Part I, to provide an equitable, expeditious, effective and inexpensive method of enforcing the City Code. 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. In order to view PDF documents, you'll need to download Free Adobe Acrobat. She is certified by The Florida Bar in city, county and local government law. Another significant decision in establishing an alternative code enforcement process is the extent of authority to be delegated to a special magistrate. 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). One option would be to assign cases between the two entities based upon severity of the alleged violation(s). Tampa, FL 33602 F.S. "_I6U2>bS kih2Ee=S?~r%Ju5^26 /x:ex^Hy Ya~'1&/bdb*. {er.M-8$XT0` VGO,? 2d 1188, 1189 (Fla. 2d DCA 1998). 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. Code Enf. Inoperative Vehicles All rights reserved. These tools established by Ch. 162 enable local governments to ensure compliance with any local code or ordinance.1 Local codes subject to enforcement action can include matters ranging from zoning violations, tree cutting, creation of nuisances, excessive noise, unsafe buildings, and nearly any other matter properly regulated in the local government code. h\PK0+LM)'uV. Pros and Cons to the Use of Code Enforcement Boards Do not submit any personal or sensitive information such as account numbers or names. Id. 2d 598, 599-600 (Fla. 5th DCA 2003); Massey v. Charlotte Co., 842 So. Burglar False Alarms, Water Resources, and Natural Resources Regulations - Monthly, generally 1st Monday, 9 AM. 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. The City of Tampa Neighborhood Enhancement Division (formerly Code Enforcement & Clean City Divisions) enforces all non-criminal city ordinances, codes, and regulations. Explore more guides to help you find what you need. After 30 days, all City of Tampa Civil Citations must be paid at the Clerk of the Circuit Court. PS4 & The mayors announcement comes as a new, thorough assessment of Tampas citywide tree canopy coverage dropped by 2.3 percent since 2016. The operation of one (1) or more code enforcement boards ("CEB") and/or one or more Itemizing the powers of a special magistrate is particularly important if code enforcement authority will be shared with a code enforcement board. Susan Johnson-Velez, Senior Assistant City Attorney Accela Citizen Access. If your issue is an emergency, please use the telephone and dial 911. Explore more guides to help you find what you need. T_R\TRY$CC2Rz@ ct%j3326G U 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. 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. 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. 2. II, 5(a). 2d 142, 147 (Fla. 2d DCA 2003); Michael D. Jones, PA v. Seminole Co., 670 So. 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. Phone: 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: 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 . 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. 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. The Code Enforcement Board (CEB) and the Code Enforcement Special Magistrates (CESM) are quasi-judicial bodies comprised of citizens of unincorporated Hillsborough County, appointed by the Board of County Commissioners to serve three year terms, and serve as volunteers with no compensation. Using these provisions as a model, the drafter may then amend to reflect the preferences of the local government. Please be patient. Notice of Cancellation and Rescheduling of the Public Hearing for November 9. Explore more guides to help you find what you need. <> 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. We need to act quickly and decisively to replenish our invaluable urban forest, which has decreased over the past decade,said Mayor Jane Castor. h242V0Pw/+Q04L)642 <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 601 E. Kennedy Blvd. 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. Too often, however, these volunteer boards become plagued by problems with attendance, bias, or inefficiency. Notice: In accordance with House Bill 60, passed July 1, 2021, anonymous complaints will no longer be accepted. Brandon Regional Service Center 162 for code enforcement boards, with appropriate references to the magistrate instead. the City Code. 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. Ch. (c) 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. For local governments concerned by a flawed code enforcement board system, the Florida Legislature has permitted alternative processes to be adopted. 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.). 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. Traditional Use of Code Enforcement Boards to Effectuate Code Enforcement )I0 1PBY)##e Support quarterly neighborhood-based tree planting projects. 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.
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