city commission meeting june 16, 2014

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City Commission MeetingJune 16, 2014

WORKSHOP DISCUSSION REGARDING

THE PROPOSED CIVIL CITATION PROCESS

ACE Program: Alliances for Community Excellence

Landlord Registration

UnsafeStructure

NuisanceAbatement

Administrative

ForeclosureStaff &

Community

Partnership

Enforcementthru Civil Citation

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Hallandale Beach City Commission Meeting

Implementation of Civil Citations are a component of the City’s Alliance for Community Excellence (ACE) program.

ACE program is to leverage alliances between City staff among various departments and members of the community to encourage compliance with the City’s codes and contribute to quality of life and aesthetics throughout the City.

Civil citations will provide the Code Compliance Division and possibly other departments with another method (a tool) for enforcing the City Codes.

Hallandale Beach City Commission Meeting

Civil CitationsWE WANT AND NEED THIS TOOL IN OUR TOOLBOX

Pros Faster More Flexible More Proactive

Concerns Can be very sharp – be careful

Hallandale Beach City Commission Meeting

POLICY GUIDANCE NEEDED – CIVIL CITATIONS

Code Inspectors utilize civil citations,

in what situations,

and how strongly to enforce in each situation ?

Current Process:Notice of Violation

Code inspector issues a courtesy notice of violation

Code inspector issues a notice of violation

Compliance date mandated - generally 30 days (Florida Statutes)

A hearing before the special magistrate

Magistrate gives time to cure

Assessment of a per diem fine if the violation is still not remedied by the date ordered by the Magistrate

Recorded as a lien on the property – 180 days later at best

Civil Citations Code inspector will issue a warning civil citation initially

to enforce most prevalent violations.

Code inspector will issue a civil citation to enforce most prevalent violations.

Violator are subject to an immediate fine

Violator could be a tenant

Ticket payable, unless appealed, in 10 days (best case scenario in the NOV process is 90 days)

Civil CitationsPolicy Questions

In what situations

And how proactive in each situation

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Civil CitationsPolicy Questions

An immediate fine may be assessed: Minimum Property Maintenance Occupancy Codes Building Codes Illegal Construction Motor Vehicle Regulation Zoning Violations

Civil CitationsPolicy Questions

An immediate fine may be assessed with the following penalties by class of violation: Class I violation, a fine of $100.00 + admin. costs Class II violation, a fine of $250.00 + admin. costs Class III violation, a fine of $500.00 + admin.

costs A Class IV violation (Police Action)

a misdemeanor offense punishable by law and/or a fine of $500.00 + admin. costs

Civil Citations -Research Results

Reviewed civil citation ordinances from Miami Gardens, North Miami, Hollywood, Fort Lauderdale and Sunny Isles

Penalties range from $100 - $500

Range of infractions targeted include illegal trash, inoperable vehicles, & property maintenance violations

Civil Citations -Staff Suggestion

Bring forward a draft ordinance

Next steps: Draft ordinance in August

If adopted, staff would implement it, cautiously and gradually, starting before the end of calendar year

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Hallandale BeachCity Commission Meeting

June 16, 2014