Placement: New Business
Action Requested: Motion / Vote
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Hear Violation/Compliance Cases and Approve the Staff Recommendation
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Submitted By: Isa Alvarez, Contractor Licensing Coordinator, Building Department
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Presentation Information: The Licensing Investigator will present their findings and then the alleged violator, if present, will have an opportunity to testify/present evidence to the special magistrate. The Licensing Investigator will provide a summary of the prior proceedings, present any developments in the case, and state the department’s recommendations to the special magistrate. Thereafter, the alleged violator will have an opportunity to be heard.
Staff Recommendation: For Violation Hearings - Move that the special magistrate find the properties in violation of the Code and approve the compliance date as requested. For Compliance Hearings - find that the properties remain in violation of the Code and issue an Order imposing applicable fine(s) that may become a lien on the property.
Alternate Recommendations:
1. For Violation Hearings, move that the special magistrate find the property in violation but announce a compliance date different than recommended by the City. For Compliance Hearings, find that the properties remain in violation of the Code and issue an Order imposing a fine different that recommended by the City.
2. Move that the special magistrate not certify or approve the presented case and provide staff direction or issue the appropriate order.
Background: Per Chapter 37 of the City’s Code of Ordinances, the Special Magistrate is an attorney and member of the Florida Bar who is appointed by the City Council to preside over code enforcement matters. The Special Magistrate has the jurisdiction and authority to hear and decide alleged violations and exercise the powers of a Code Enforcement Board as provided in chapter 162, Florida Statutes.
Issues/Analysis: N/A
Financial Information: N/A
Special Consideration: N/A
Location of Violation: N/A
Attachments: List of Building Violation Cases
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.