The decision is issued as a written order, signed by the Chair, and sent to the violator. Code Enforcement General Inquiries | City of Tampa 9-101. Municipal code enforcement board and special magistrates After 90 days from the Order recordation, the case is sent to the County Attorney's Office for enforcement of the lien. Another method for assignment of cases may be to allow the code enforcement board, by appropriate vote, to refer certain cases to the special magistrate. condition presents a serious threat to the public health, safety, and welfare so as 10 Florida Bar certification in city, county, and local government law might also be made a requirement, or a hiring preference, as it would ensure that the magistrate has a firm understanding of city and county code enforcement. 20.5 and 27 of the City of Tampa Code. The ordinance should also include a default assignment of the case in the event the alleged violator fails to timely make the selection. Land Use and Real Estate | City of Tampa Further, 162.05(e) includes mandatory disqualification of code board members who miss two of three meetings without statutory justification, which may lead to the board itself having insufficient membership to even call a meeting. We need to act quickly and decisively to replenish our invaluable urban forest, which has decreased over the past decade,said Mayor Jane Castor. 2012). 162 that authorize a local government to utilize a special magistrate in lieu of a volunteer board. endstream endobj 430 0 obj <>stream Advisory Legal Opinion - Special Magistrate Code Enforcement Hearings 4 0 obj For information on how to appeal, contact the Clerk of the Circuit Court or your legal counsel. P.O. Similarly, procedural due process standards should be maintained at the hearing. 13 For general discussion of extent of notice requirements, see City of Tampa v. Brown, 711 So. These Special Magistrates have jurisdiction to hear violations of all codes and ordinances of Hillsborough County with most cases arising out of violations of the County's housing, building, zoning and sign codes and ordinances to maintain minimum health and safety standards, burglar false alarm ordinance and natural resources regulations, the water restriction ordinance, and red light camera appeals; and vehicle for hire and trespass towing ordinance. While a local government must appoint independent legal counsel to advise its code enforcement board, such legal counsel is merely advisory and cannot compel the board members to heed their advice. Do not submit any personal or sensitive information such as account numbers or names. County Center Anthony Bordonaro Code Enforcement Special Magistrate 03/01/2022 9:00 a.m Robert Saunders Library - 1505 N Nebraska Ave Tampa, FL Welcome to Hillsborough County Code Enforcement Special Magistrate Hearing. 162.13, which states that nothing within the act prohibits a local government body from enforcing its codes by any other means.. Otherwise, the code enforcement process could be stalled indefinitely simply by the violator failing to make a selection between board or magistrate. Violations must be proven by a preponderance of the evidence. 163.3215(f) (2014), which sets forth minimum qualifications for special masters used in certain quasi-judicial land development decisions. Tampa Hispanic Bar Association Board Member, 2014-present; Tampa Preparatory School Dad's Club Co-Chair, 2010-2014; City of Tampa Code Enforcement Special Magistrate, 2009-present; Greater Tampa Catholic Lawyers Guild, 1998-present; Chapter 162, F.S. On August 27, 2013, Washington's husband encountered Defendant Mateyka, whose city vehicle was blocking Washington's driveway. Whenever possible, Magistrates should represent the following categories: Special Magistrates shall serve three year terms. Through F.S. Too often, however, these volunteer boards become plagued by problems with attendance, bias, or inefficiency. For example, a code may establish a process whereby simple violations, such as overgrowth of weeds or inappropriate vehicle parking, is directed to a code enforcement board. Overgrown Lots or Yards If the violations are not corrected within the time given, a fine per day may be assessed. 8 To maintain the governments flexibility to adjust assignments between the magistrate and the board, this list might be adopted by resolution rather than in the codified ordinance since a resolution may be more easily and quickly amended. 162.05, the board must be composed of either five or seven members depending on the size of the local government.4 While finding sufficient volunteers is not a difficulty for larger cities, it can be extremely challenging for smaller cities with a smaller pool of community members to fill the board vacancies. Enlist front line workers in stormwater, mobility, water and other city departments to identify key opportunities for trees and to make planting trees a higher priority. Tampa City Council Citizens Advisory Budget and Finance Committee, 2016; Community Involvement. Alternatively, the code enforcement ordinance may establish certain rules relating to civil procedure and evidence, such as whether testimony will be taken under oath, whether cross-examination will be allowed, whether evidence may be submitted at the hearing or is required to be submitted in advance, whether hearsay will be permitted, etc. Vehicle for Hire & Trespass Towing - Monthly, generally 4th Thursday, 9 AM. While many local governments have a high rate of success with traditional code enforcement boards, some cities and counties have adopted alternative methods of code enforcement to replace or to supplement reliance on Ch. . divided up into residential mobile home lots.6 In October of 2020, a Tampa code enforcement special magistrate agreed with the city's interpretation of the law, finding that the tree removal violated Tampa's 7 An appeal of the special magistrate's decision is currently pending.8 Effect of Proposed Changes HB 1167 defines the term: PDF CITY OF TAMPA - OrdinanceWatch Ch. The statutory scheme clearly contemplates that a special magistrate may step into the shoes of a code enforcement board to engage in the practices and utilize the tools available to effectuate local government code enforcement. Posted. (813) 274-8996, Search Code Enforcement Liens and Utility Balances (Conduits), Variance Review Board (VRB) and Appeals to Council, FLUEDRA (Bert Harris Private Property Rights Act)Petitions, Architectural Review Commission (ARC) and Appeals to Council, Barrio Latino Commission (BLC) and Appeals to Council, FLUEDRA (Bert Harris Private Property Rights Act) Petitions, Development Agreements/Annexation Agreements, Petitions for Review to Council from Staff Decisions, Neighborhood Enhancement/Code Enforcement, Code Enforcement Special Magistrate/Code Enforcement Board (CESM/CEB), Community Affairs/Neighborhood Relations (Neighborhood Engagement/Mayors University/Community Partnerships), Real Estate (Land Sales except for acquisitions). l/&RTaPX!V=;/3vfBQd.}^APu;_PJDuMo%.MNS;[fi^{p;_"_ q Expand the citys Tree-mendous Tampa program to allow people to receive up to five free trees, up from two. 12 See Kupke v. Orange Co., 838 So. 162, as well as ensuring the substantive and procedural due process required in these types of hearings, can lead to indefensible orders that are overturned by the courts. Further, as civic-minded volunteers, the board members serve without compensation, allowing local governments to expend little in direct costs or staff time to ensure this vital aspect of local government is accomplished responsibly. While there is no one reason for the canopy decrease, new state laws restricting the ability to regulate trees on private property, development, and the age of canopy all played a part of the decline. Red Light Cameras - Monthly, generally 1st Thursday, 9 AM. 352-629-city (2488) code enforcement special magistrate administrative hearing docket hearing information location: wednesday, march 30, 2022 . Support quarterly neighborhood-based tree planting projects. {er.M-8$XT0` VGO,? Ch. While the legislative alternative to engage a special magistrate is a highly useful option for local governments, such option will only be as functional as the local government code that establishes the process. 2022. In doing so, the government will protect its citizens from unfair enforcement while also ensuring the defensibility of code enforcement orders in court. The alleged violator must be afforded a meaningful opportunity to be heard in regard to the alleged violation. To inculcate in its members the principles of duty and service to the public, to improve the administration of justice, and to advance the science of jurisprudence. Explore more guides to help you find what you need. NOTE: You can upload attachments after submitting this form. Inoperative Vehicles The CEB and CESMs shall have the authority to make a determination whether a property In order to investigate potential violations of codes and ordinances requires the name and address of the complainant. <> The CEB and CESMs shall have the authority to impose administrative fines and other In addition to division of authority, the legislation should include the powers of the special magistrate in regard to the conduct of hearings, the imposition of fines, reduction of fines or liens, etc. More complex matters, such as inappropriate use of land or allegations of slum or blight, would be designated to the special magistrate. To report specific infractions select the link that most closely describes the situation: Commercial Vehicles in a Residential Zone Zoning Violations (e.g. sp sm apartments llc, 5403 w gray st, tampa fl 33609 . The following fields must be filled to send the message: When you submit this form, you will receive a Tracking Number and Access Key allowing you to follow-up on this submittal. Explore more guides to help you find what you need. However, there are several drawbacks to the use of community volunteer boards to effectuate code enforcement. 162 for code enforcement boards, with appropriate references to the magistrate instead. These tools established by Ch. There are multiple provisions in Ch. If such predispositions for or against a landowner can be demonstrated in a judicial challenge, it may result in a reversal of the code enforcement action. 4900 W. Lemon Street The Code Enforcement Board and Special Magistrates have the same powers and duties and are empowered by Florida Statutes 162 and Hillsborough County Code of Ordinances and Laws, Chapter 14, Article II, Section 14.. At The Hearing All evidence and testimony must be received during the public hearing. Use this service for general correspondence to Code Enforcement. art. It is a fortunate local government that maintains an operational, effective, and well-perceived code enforcement board. Tell us what was confusing, missing or inaccurate about this page. Neighborhood Enhancement - City of Tampa Pros and Cons to the Use of Code Enforcement Boards 5 The membership and voting requirements of a code enforcement board is established in Fla. Stat. to warrant the immediate abatement of the condition by directing the appropriate city The Department of Code Enforcement is the City of Tampa entity responsible for enforcing Chapters 19, 20.5 and 27 of the City of Tampa Code. While much of the Local Government Code Enforcement Boards Act indicates a legislative assumption that local governments will utilize volunteer code enforcement boards to render determinations as to the existence of code violations and applicable fines, also hidden within the law is an option for cities and counties to forego use of such boards entirely. 2d 1002 (Fla. 1999). It is important to establish parameters around such communications to protect the integrity of the process. Do not submit any personal or sensitive information such as account numbers or names. Tampa, FL 33602 Alternatively, when both a special magistrate and a code enforcement board will be maintained, the ordinance may allow the alleged violator to decide whether the hearing will be conducted by the magistrate or the board. Subject: Special Magistrate Code Enforcement Hearings. A special magistrate shall have the same status as an enforcement board under this chapter. (2) A charter county, a noncharter county, or a municipality may, by ordinance, adopt an alternate code enforcement system that gives code enforcement boards or special magistrates designated by the local governing body, or both, the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances. Register to receive time-sensitive messages about emergencies and certain non-emergency events straight from us to you. 162.05(4) (2014) (The members of an enforcement board shall elect a chair, who shall be a voting member, from among the members of the board. March 9, 2017 Mr. Lonnie N. Groot 1001 Heathrow Park Lane . Practice Group LeaderSusan.Johnson-Velez@tampagov.net / 813-274-8790, Assistant: Debbie.Crawford@tampagov.net / 813-274-8841, Dana Crosby Collier, Senior Assistant City AttorneyDana.CrosbyCollier@tampagov.net / 813-274-8270, Rebecca Johns, Assistant City AttorneyRebecca.Johns@tampagov.net / 813-274-5915, Assistant: Debbie.Crawford@tampagov.net /813-274-8841, Camaria Pettis-Mackle, Assistant City AttorneyCamaria.Pettis-Mackle@tampagov.net / 813-274-8738, Assistant: Shawny.Tim@tampagov.net / 813-274-8412, Ron Wigginton, Assistant City AttorneyRonald.Wigginton@tampagov.net / 813-274-8876, Assistant: Astonah.Turner@tampagov.net / 813-274-5168, Old City Hall, 5th Floor Therefore, while a city or county may be quite creative in developing code enforcement procedures best suited to its jurisdictional needs, an awareness and recognition of these legal constraints must be reflected in the adopted procedures. We also improve the quality of life for Tampa residents through maintenance efforts of medians and vacant lots. Alternative Strategies for Code Enforcement and Use of Special Magistrates See AGO 2002-78, AGO 2010-19, and AGO 2013-18 for analysis of dual-office holding prohibition in regard to code enforcement magistrates (also known as hearing officers.). ~ From the Rules Regulating The Florida Bar. Phone: endstream endobj 428 0 obj <>stream We review de novo a district court's dismissal under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, accepting the complaint's factual allegations as true and construing them in the light most favorable to the plaintiff.Butler v. Sheriff of Palm Beach Cnty., 685 F.3d 1261, 1265 (11th Cir. Rarely is the special magistrate a volunteer from the community, but rather is typically retained on a contractual basis by the local government to serve in this particular capacity. Annual financial disclosure is required. defnition ; section 82-182 ; Therefore, any code enforcement process must have clearly articulated reasonable methods by which notice of these proceedings will be provided to the alleged violator.13 F.S. Bey v. City of Tampa Code Enforcement 162.05(1) (2014) (The local governing body of a county or a municipality that has a population of less than 5,000 persons may appoint five-member or seven-member code enforcement boards. "I am enlisting everyone - city government, individuals, businesses, neighborhood groups for this crucial mission, because Tampa's tree canopy needs help. 601 E. Kennedy Blvd. Per 163.3215(f), the magistrate must be an impartial special master who is an attorney who has at least five years experience and who shall, at the conclusion of the hearing, recommend written findings of fact and conclusions of law. junk, trash, debris) endobj : COD-19-3317 CITY OF TAMPA, COD-19-3586 Appellee. Ch. 2d 200 (Fla. 1988), rehg dismissed as improvidently granted, 748 So. 3 0 obj endobj %PDF-1.7 % Accela Citizen Access h242Q0Pw.JM,sI,Ip220!cCCSCS]SuuM" bM}tfpE)EE) 2d 598, 599-600 (Fla. 5th DCA 2003); Massey v. Charlotte Co., 842 So. PDF In the Thirteenth Judicial Circuit for The State of Florida Civil 11 Fla. Const. In addition to the decision as to whether to keep by the code enforcement board and the special magistrate, and how to assign cases between them, another important decision will be to establish the qualifications and terms of employment of a special magistrate.9 To ensure the special magistrate has a firm understanding of Florida law, best practices would require any applicant to be an attorney of good standing in Florida. After 30 days, all City of Tampa Civil Citations must be paid at the Clerk of the Circuit Court. 2d 95, 96 (Fla. 5th DCA 1996); Rutledge v. Co. of Hillsborough, 2005 WL 2416976 at *6 (13th Cir. In that regard, an alternative code enforcement ordinance may simply make reference to the rules of civil procedure and rules of evidence as guiding but not mandatory documents. As a local government proceeding, any such hearing must also be public in nature and recorded.14 While a special magistrate need not strictly follow the rules of civil procedure or evidence, these rules should still guide the hearing process to ensure that a full and fair airing of the evidence is provided. A special magistrate ordered the developers to prevent further deterioration and said that, if they want to demolish the structure, 13th Floor would need approval from the Historic Preservation Board. All rights reserved. of Tampa officials pursuant to City Code sections 19-5(a) or 5.115.3. Once up and running, the well-drafted alternative code enforcement process can quickly reverse perception of an unfair or ineffective code enforcement program and result in more enforceable code enforcement orders. Manager, Citizen Boards Support PDF HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HB 1167 Tree Pruning Please be patient. 163.105(5) (2014) requires a local government to maintain separate legal counsel for its code enforcement board (The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities.). If assignment of cases is conducted in this manner, best drafting practices would be to list each type of code violation and assign it to either the board or magistrate.8 Further, such ordinances should include a catch-all default for any unlisted violations to be directed to one or the other of the entities. Municode Library 2d 1188, 1189 (Fla. 2d DCA 1998), rehg granted, 728 So. / On review of a final order of the Code Enforcement Special Magistrate for the City of Tampa, Florida. In order to investigate potential violations of codes and ordinances, the person making the complaint must provide his or her name and address. All testimony is taken under oath. As such, it is recommended that the local ordinance prohibit employment as a special magistrate any person who already holds an office per Fla. Const. Sept. 2, 2005) (finding due process was violated because there was no opportunity for the property owners to protest factual findings, the penalties were retroactive, and proper procedure was not followed). If compliance is achieved within 90 days of the Order recordation, a request for a fine reduction may be submitted. Code Enforcement General Inquiries Use this service for general correspondence to Code Enforcement. 2d 142, 147 (Fla. 2d DCA 2003); Michael D. Jones, PA v. Seminole Co., 670 So. If your issue is an emergency, please use the telephone and dial 911. Case Nos. and certificate of environmental and land use law from the University of Florida. The authority could rest with the mayor or chair, the chief administrative officer or manager, the city or county attorney, or it could require a majority vote of the legislative body. Code Enforcement Special Magistrate/Code Enforcement Board (CESM/CEB) Community Affairs/Neighborhood Relations (Neighborhood Engagement/Mayor's University/Community Partnerships) Citizens Review Board (CRB) Historic Preservation Commission (HPC) Construction Services Natural Resources Ron Wigginton, Assistant City Attorney All rights reserved. The failure of a board to follow the detailed processes set forth in Ch.