Alachua County Board of County Commissioners May 12, 2015

Background information On February 12, 2015, this Board was presented with a Request to Advertise an ordinance that would create Codes Enforcement Special Magistrates as an alternative to the current Codes Enforcement Board, but would not replace the Codes Enforcement Board. During that presentation, this Board requested that a second, alternative ordinance be brought back that would replace the Codes Enforcement Board with Codes Enforcement Special Magistrates.

Special Magistrates Summary of terms and conditions in both proposed ordinances: Appointed by Board of County Commissioners (BOCC) Appoint one or more special magistrates Three-year term that may be renewed or terminated (by the BOCC) Compensation determined by contract Subject to the Code of Ethics for Public Officers and Employees Provides for minimum qualifications

Special Magistrates Minimum qualifications under both proposed ordinances: Member, in good standing, with the Florida Bar at the time of appointment or reappointment and for the last 5 years Residence or place of business within Alachua County Reputation in the community for integrity, responsibility and professional ability Cannot be a county employee

Supplemental Enforcement This ordinance creates a system in which the County would have the choice to bring any codes violation either before the Codes Enforcement Board or a Codes Enforcement Special Magistrate. The County Manager, or designee, would make a determination regarding whether a case would go before a Special Magistrate or the Codes Board. Complex code cases would likely go before a special magistrate. Similar process and procedures used for both.

Replacing the Codes Board Special Magistrates would have jurisdiction to hear any alleged violations of the Alachua County Code. Use of a Special Magistrate would not preclude either party from appealing a Special Magistrate’s order to the circuit court. There will not be any change in the County’s burden to prove a violation occurred. The Codes Enforcement Board shall continue to exist until October 1, 2015 to allow the County to appoint one or more qualified individuals as Codes Enforcement Special Magistrates. On October 1, 2015, the Codes Enforcement Board would cease to exist.

Costs Costs per case for notice and recording are the same whether a case is heard by a Special Magistrate or Codes Enforcement Board. Currently, the Codes Enforcement Board utilizes an outside attorney who is paid pursuant to contract, which would be comparable to the costs associated with a contract for a Special Magistrate. A deputy would be used for both Codes Enforcement Board and Special Magistrate, resulting in no additional cost. Codes Enforcement staff will provide administrative and clerical support to Special Magistrates, just as they do for the Codes Enforcement Board, resulting in no additional cost under either proposed ordinance.

Staff Recommendation Approve and adopt one of the proposed ordinances establishing Codes Enforcement Special Magistrates.