(A) Purpose and intent. It is the purpose and intent of the City Commission to establish special magistrate procedures for code enforcement purposes, pursuant to F.S. Chapter 162, as amended from time to time. The special magistrate(s) shall be selected by the city attorney and approved by the City Commission. The special magistrate shall be a member in good standing with the Florida Bar and engaged in the practice of law in Broward County.
(B) The city shall serve a notice of hearing to the violator in accordance with the provisions of this article and F.S. Chapter 162, as amended from time to time. No hearing shall be scheduled sooner than ten days from the date of service unless there is a reason to believe that a violation presents a serious threat to the public health, safety and welfare.
(C) F.S. Chapter 162, as amended from time to time, is hereby incorporated herein by reference so that the provisions of that chapter, as amended from time to time, shall be controlling with regard to the organization, jurisdiction, procedures and powers of the special magistrate.
(D) At the conclusion of hearings, the special magistrate shall issue findings of fact, based on evidence presented, and conclusions of law and shall issue an order to include, but not be limited to, a specified compliance date and a fine amount to be imposed if the order is not complied by the specified date. In determining the amount of the fine, if any, special magistrate shall consider the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator.
(E) A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. After three months from the filing of any such lien that remains unpaid, the special magistrate may authorize the local governing body attorney to foreclose on the lien.
(F) Special magistrates are hereby authorized to conduct administrative hearings, as required, for designated citations issued by code enforcement officers.
(G) The city hereby adopts alternate code enforcement procedures pursuant to F.S. §§ 162.03, 162.21 and 162.23, as amended from time to time, that provide authority to code enforcement officers to issue citations and notices to appear at a hearing conducted by a county court, and for code enforcement officers to issue citations for administrative hearings to be heard by designated special magistrates and assess fines against violators of the respective codes and ordinances within the City of Pembroke Pines.
(H) Citations.
(1) Code enforcement officers and police officers shall have the authority to initiate enforcement proceedings by issuing citations that may require an appearance of the violator at an administrative hearing before a special magistrate.
(2) A code enforcement officer who finds a violation of a code section, pursuant to § 31.04, shall have the authority to serve a notice of violation to the violator or property owner. Prior to issuing a citation, the code enforcement officer shall provide a written notice to the person in violation or the property owners that the person has committed a violation of a code or ordinance and establish a reasonable period of time for the person to correct the violation. Such time period shall be no more than 30 calendar days. If, upon personal investigation, the code enforcement officer finds that the person has not corrected the violation within the designated time period, the code enforcement officer may issue a citation to the person who has committed the violation or the property owner where the violation has occurred.
(3) The code enforcement officer is not required to provide the alleged violator with a reasonable period of time to correct the violation prior to issuing the citation if a repeat violation is found, or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or that the violator is engaged in violations of a itinerant or transient nature, or if the violation if irreparable or irreversible. A repeat violation is a violation of a provision of code or ordinance by a person who has been previously found in violation by a code enforcement board, or any other quasi-judicial or judicial process, to have violated, or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occur at different locations.
(4) The citation form shall include, but not be limited to the following:
(a) Date and time of issuance;
(b) Name of the code enforcement officer and jurisdiction;
(c) Name and address of the violator;
(d) Code section that has been violated;
(e) Brief description of the nature of the violation, including location, date and time of violation;
(f) Amount of the applicable civil penalty;
(g) Procedure of the person to follow to pay the civil penalty, or to contest the citation;
(h) Notice that if the person fails to pay the civil penalty within the time allowed, and fails to appear in court (if assigned to County Court), or if fails to request an administrative hearing within ten calendar days of service (if case assigned to special magistrate), the person shall be deemed to have waived their rights to contest the citation and that, in such case, judgment may be entered up to the maximum civil penalty; and
(i) Notice that the person may be liable for reasonable costs of the hearing should the violator be found guilty of the violation.
(I) Citation issued to appear before a special magistrate.
(1) The person who has been served with a citation to appear before a special magistrate shall either correct the violation, and pay the civil penalty in the manner indicated on the citation; or
(2) Request an administrative hearing before a special magistrate to appeal the decision of the code enforcement officer. Said appeal shall be filed not later than ten calendar days after the service of the citation.
(3) Failure of the violator to appeal the decision of the code enforcement officer within ten calendar days shall constitute a waiver of the violator’s right to an administrative hearing. A wavier of the right to an administrative hearing may result in the imposition of a fine which may result in a lien on the property where the violation occurred.
(J) The following table sets forth the code violation for which civil penalties may be cited under this section. The descriptions of violations are provided for purposes of general identification only. Where specific code provisions apply, the same are indicated following the respective violation description. Amendments affecting the numbering of the referenced sections shall not affect the validity of the fines.
Code | Violation | Section | First Violation | Repeat Violation |
BAR | Barriers | 33 & 1028/150.52-57 | $250 | $500 |
BDR | Building Permit | 218/155.388 | 150 | 300 |
BOA | Boars, R/V & Trailers | 300/155.078B 1-9 | 150 | 300 |
C/V | Commercial Vehicles | 218/155.071 | 250 | 500 |
ENG | Environmental Services Complaint | 987/1017/150.95 A-U | 250 | 500 |
FBC | Florida Building Code | 184/150.11 | 250 | 500 |
GAR | Garbage Collection | 016/94.10-18 | 250 | 500 |
G/M | Graffiti Maintenance | 981/1017/155.013G | 250 | 500 |
Code | Violation | Section | First Violation | Repeat Violation |
I/V | Inoperable Vehicle | 449/90.02B | 150 | 300 |
LOT | Lot Clearing | 166/94.30 & 94.34 | 250 | 500 |
MOP | Maintenance of Property | 812/155.013B 7-11 | 250 | 500 |
NUH | Nuisance Household | 812/155/013 B-7-G | 250 | 500 |
NUL | Nuisance Landscape | 812/155.013 B-7-H | 250 | 500 |
NUO | Nuisances | 812/155.013 A-F | 250 | 500 |
OCC | Occupational License | 171/115.10 | 250 | 500 |
PMC | Property Maintenance Code | 981/1017/150.95 A-U | 250 | 500 |
R/D | Refuse & Debris | 812/155.013 B-6 | 250 | 500 |
SAN | Sanitary Code | 39/95.01 & 95.02 | 250 | 500 |
SGP | Sign Prohibited | 430/155.328 A-Q | 250 | 500 |
SWT | Swale Trees | 263/52.24 C-4 | 250 | 500 |
TRP | Tree Removal Permit | 353/98.02-09 | 250 | 500 |
U/V | Useless Vegetation | 812/155.013 7-D | 250 | 500 |
WSM | Water Shortage Management | 641/50.36 | 100 | 200 |
* For all other violations not specified, the fine schedule for the first violation shall be $250 and $500 for the repeat violation. | ||||
(K) Collection and recovery of civil penalties.
(1) The City Manager, or his or her designee, shall provide the appropriate guidelines and procedures for the administration, collection, record keeping, reporting and accountability of fines assessed under this subchapter.
(2) The City may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties.
(3) If the special magistrate finds that a violation exists and assesses the fine, or if the violator does not contest the citation as provided under this subchapter, and the violator fails to pay the applicable fine, the special magistrate may enter an order imposing the fines previously set. A certified copy of the order imposing a civil penalty may be recorded in the public records and thereafter shall constitute a lien against the real or personal property of the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including a levy against personal property, but not be deemed to be a court judgment except for enforcement purposes. After three months from the filing of any such lien remains unpaid, the city may foreclose or otherwise execute on the lien. No lien created pursuant to the provisions of this section may be foreclosed on real property that is homestead under Section 4, Article X of the State Constitution.
(L) Unless otherwise provided herein, all respondents appearing before the special magistrate who are found to be in violation of the city's Code of Ordinances shall be assessed a $150 administrative fee, in addition to any penalties imposed by the special magistrate. Respondents appearing before the special magistrate who are found to be in violation of a red light camera traffic infraction pursuant to Chapter 73 of the City Code shall be assessed a $50 administrative fee. This administrative fee shall be waived for respondents who enter into a stipulated agreement with the city prior to the case being heard by the special magistrate. Respondents found to be in compliance by the special magistrate shall not be assessed an administrative fee. (Ord. 1224, passed 9-3-97; Am. Ord. 1607, passed 5-21-08; Am. Ord. 1624, passed 11-19-08; Am. Ord. 1634, passed 3-4-09; Am. Ord. 1697, passed 9-7-11)