City Commission Meeting June 16, 2014 1. WORKSHOP DISCUSSION REGARDING THE PROPOSED CIVIL CITATION PROCESS.

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Presentation transcript:

City Commission Meeting June 16,

WORKSHOP DISCUSSION REGARDING THE PROPOSED CIVIL CITATION PROCESS

ACE Program: Alliances for Community Excellence Landlord Registration Unsafe Structure Nuisance Abatement Administrative Foreclosure Staff & Community Partnership Enforcement thru Civil Citation

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 Citations WE 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 Citations Policy Questions  In what situations  And how proactive in each situation ?

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

Civil Citations Policy Questions An immediate fine may be assessed with the following penalties by class of violation:  Class I violation, a fine of $ admin. costs  Class II violation, a fine of $ admin. costs  Class III violation, a fine of $ admin. costs  A Class IV violation (Police Action)  a misdemeanor offense punishable by law and/or  a fine of $ 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

Hallandale Beach City Commission Meeting June 16,