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City Commission Meeting June 16, 2014 1
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WORKSHOP DISCUSSION REGARDING THE PROPOSED CIVIL CITATION PROCESS
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ACE Program: Alliances for Community Excellence Landlord Registration Unsafe Structure Nuisance Abatement Administrative Foreclosure Staff & Community Partnership Enforcement thru 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.
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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
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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 ?
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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
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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)
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Civil Citations Policy Questions In what situations And how proactive in each situation ?
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Civil Citations Policy Questions An immediate fine may be assessed: Minimum Property Maintenance Occupancy Codes Building Codes Illegal Construction Motor Vehicle Regulation Zoning Violations
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Civil Citations Policy 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
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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
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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 Beach City Commission Meeting June 16, 2014 16
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