TO: Mayor and City Commission
FROM: Cale Curtis, City Manager
DATE: August 23, 2023
Title
ORDINANCE - AMENDING CHAPTER 1 - GENERAL PROVISIONS AND ARTICLE IV. TRAFFIC CONTROL; PROVIDING FOR CITATIONS; PROVIDING FOR PENALTIES AND FEES, APPEAL TO THE SPECIAL MAGISTRATE; NOTICE AND FORMAT, AND COLLECTIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND: Pursuant to Section 1-8 Penalties (c), the alternative code enforcement system provides for notices, time for compliance, and a magistrate hearing. The Code of Ordinances also includes Section 1-8(b) Civil code enforcement, which provides issuance of citations with a fine. This process has been rarely utilized since the implementation of the Magistrate process. In an effort to address compliance issues, Building and Code Services intends to increase use of the citations with fines for violations such as overnight parking of commercial vehicles and parking on a sidewalk. This Ordinance is to improve upon that process for staff and property owners.
The current process for appeal of citations provides for the cases to be heard in County Court. This proposed Ordinance provides for the appeal to be heard pursuant to existing Special Magistrate procedures. This will provide a time and cost savings for property owners to have their case heard at City Hall. It will also provide for on-duty staff to attend just one hearing a month and quickly return to their duties within the City limits.
The collection process for unpaid citations, added to Section 33-72 of this Ordinance, is as provided for by Section 938.35 of Florida Statutes. This process is used by other cities such as Fort Lauderdale and Plantation. The contract with Penn Credit, already approved by the City Commission on May 5, 2021 (Resolution 21-031), will provide for the collection services. Another amendment to Section 33-72 provides for payment plans for citations and a one-time administrative fee of $25.00.
The Code Services Division does not currently have the technology equipment or software to efficiently provide for digital citations and notices. The 2024 proposed budget does include funding to obtain new software for this purpose. The $5.00 per violation technology fee is a user fee designed to support the ongoing technology needs for issuing citations and notices.
RECOMMENDATION: For approval.
FISCAL IMPACT: To be determined.
CONTACT PERSON: Richard Nixon, Building Official
Joseph Scimeca, Code Compliance Supervisor