TO: Mayor and City Commission
FROM: Cale Curtis, City Manager
DATE: September 17, 2025
Title
RESOLUTION - APPROVING AMENDED SPECIAL MAGISTRATE PROCEDURES; PROVIDING FOR DEFINITIONS, HEARINGS, FEE SCHEDULE, AND CONSISTENCY WITH CITY ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE
BACKGROUND: Very little has been amended since Special Magistrate Procedures were originally approved on September 15, 1999 (Resolution 8884). This agenda item provides for updating the Magistrate Procedures to be consistent with the current ordinance language as well as providing for the practical application of City Code by the Special Magistrate and City staff.
Fee updates: For transparency, all fees within the Procedures have been relocated to a fee schedule at the end of the document.
On June 20, 2007, the City Commission approved an administrative $50 fee for each case brought before the Magistrate where a violation has been found against a violator. The amended fee schedule raises the fee from $50 to $100. Of other cities surveyed that charged an administrative fee, more than half of those cities imposed a $150 or more administrative fee. These procedures still include language that the Special Magistrate may reduce this fee where he finds extraordinary circumstances to do so.
The Special Magistrate almost always imposes an initial fine of $100 in addition to a daily fine where a violation has been found against a violator. The Schedule of Fees memorializes that for standard cases with up to four (4) visits by Code Compliance, the Magistrate will impose the $100 initial fine and for complex cases with more than four (4) visits by Code Compliance, the Magistrate will impose an initial $250 fine. These standardized fines are proposed to assist with offsetting some of the costs for certified and regular mailing of required notices and additional property inspections required of complex cases.
Reconsideration of fine application fees have been included in the fee schedule to cover the costs of review by the City Attorney, the Special Magistrate, inspection by Code Officers, and administrative time, technology, and materials. Of the cities surveyed, the average of those imposing a reconsideration of fine fee was over $234, with Coral Springs charging $300 and Plantation charging $500.
Although rarely utilized, the updated subpoena fee from $25 to $40 matches the current fee imposed by Broward County for service of subpoenas by law enforcement officers.
RECOMMENDATION: For approval.
FISCAL IMPACT: The fiscal impact will be determined based upon the fines and fees ordered by the Special Magistrate and the costs incurred by the City for cases to be heard by the Magistrate.
CONTACT PERSON: Richard Nixon, Director/Building Official
Building and Code Services Department