city of tampa code enforcement special magistrate
This column is submitted on behalf of the City, County and Local Government Section, Mark CS Moriarty, chair, and David Miller, editor. Some local governments, particularly smaller cities, run into difficulty in consistently filling these volunteer positions. The Special Magistrates shall be appointed by the Board of County Commissioners and shall be comprised of four Magistrates. . Tell us what was confusing, missing or inaccurate about this page. Notice of Cancellation and Rescheduling of the Public Hearing for November 9. To report specific infractions select the link that most closely describes the situation: Commercial Vehicles in a Residential Zone Zoning Violations (e.g. In this regard, the composition of a code enforcement board is much like an empaneled jury, if a jury governed all conduct in the courtroom. 162.05 requires local governments to retain a separate legal advisor for their code enforcement boards from the governments general legal counsel.6 This statutory mandate to employ an additional attorney as advisor to the volunteer board may negate the cost savings of using a volunteer board. Notice: In accordance with House Bill 60, passed July 1, 2021, anonymous complaints will no longer be accepted. to exist. Whenever possible, Magistrates should represent the following categories: Special Magistrates shall serve three year terms. City of Tampa Unveils Strategy to Plant 30,000 Trees by 2030, TODAY - Live eBike Voucher Lottery Drawing, Mayor Jane's Tree Giveaway Returns, Providing 1000 Free Trees to Residents. 311 Pauls Drive Brandon Regional Service Center This merger provides a more expedient and efficient overall response time to issues addressing property maintenance standards along with maintenance for the city's interstate, gateways, parkways and neighborhoods. 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. 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. The division continues the effort to reduce litter, graffiti and illegal dumping. If a code enforcement board is comparable to a jury, then the special magistrate is the judge of code enforcement procedures. For local governments concerned by a flawed code enforcement board system, the Florida Legislature has permitted alternative processes to be adopted. 162 that authorize a local government to utilize a special magistrate in lieu of a volunteer board. The CEB and CESMs shall have the authority to make a determination whether a property 2d 1188, 1189 (Fla. 2d DCA 1998), rehg granted, 728 So. Using these provisions as a model, the drafter may then amend to reflect the preferences of the local government. 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). hTmo0+C~X*%X+@#X;0`PmH^|CP pZA+d?RtXd(M`2*"xfy3UV*C-u{f4`i4. -zRF{~UQ ?6CQ/JElGPp^){ It is the intent of this chapter to promote, protect and improve the health, safety, 7 Fla. Stat. 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. 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. Appeals of the code enforcement orders must be filed in Circuit Court within 30 days from the code board order date. 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; The failure of a board to follow the detailed processes set forth in Ch. On August 27, 2013, Washington's husband encountered Defendant Mateyka, whose city vehicle was blocking Washington's driveway. II, 5(a) establishes the dual-office holding prohibition. Building Board of Adjustment, Appeals & Examiners, Code Enforcement Special Magistrate (CESM), Cross Connection and Backflow Control Board, Law, Codes, Enforcement, Construction and Land Use, Burglar False Alarm Ordinances and Land Development Program, Zoning Signs and Minimum Standards Ordinances, Vehicle for Hire and Trespass Towing Ordinances, Community Codes - Monthly, generally 2nd Monday, 9 AM. 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. (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. F.S. Document file sizes are large. Neither the boards finding of a violation nor its establishment of a fine for the violation require further approval by the city council or county commission. 2. Better utilize the citys tree trust funds and work with the city council to put more resources into maintaining the existing tree canopy. Survey results show that having a lot of trees in the city is either extremely important (70.4%) or very important (21.6%), suggesting that 92% of survey participants highly value the trees in the City. stream 13 For general discussion of extent of notice requirements, see City of Tampa v. Brown, 711 So. Chapter 162, F.S. 4 The composition of a code enforcement board is established by Fla. Stat. We need to act quickly and decisively to replenish our invaluable urban forest, which has decreased over the past decade,said Mayor Jane Castor. 601 E. Kennedy Blvd. Explore more guides to help you find what you need. Mayor Jane Castor today called on Tampa to renew and re-energize its commitment to maintaining a word class tree canopy, setting a goal of planting 30,000 new trees by 2030. to bring said condition into compliance with the City Code and to charge the violator 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. 2022. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> For all other inquiries that may affect the quality of life within the boundaries of the city, complete the form below. In a similar vein, some cities and counties experience poor attendance rates by the volunteer members. Phone: (813) 272-7181, CESM InformationCESM Schedule & AgendasCitizen Boards Support, 601 E. Kennedy Blvd. 1 0 obj 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. and certificate of environmental and land use law from the University of Florida. In order to investigate potential violations of codes and ordinances requires the name and address of the complainant. Case Nos. Rather, the only avenue by which the decision of a code enforcement board may be challenged is through appeal to the local circuit court.3. For information on how to appeal, contact the Clerk of the Circuit Court or your legal counsel. Tampa, FL 33602, Mailing Address: and HC Code of Ordinances and Laws, Chapter 14, Article II, Section 14. A special magistrate shall have the same status as an enforcement board under this chapter. There are multiple provisions in Ch. endstream endobj 430 0 obj <>stream 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. 2d 1002 (Fla. 1999). Register to receive time-sensitive messages about emergencies and certain non-emergency events straight from us to you. Tampa City Council Citizens Advisory Budget and Finance Committee, 2016; Community Involvement. 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. More complex matters, such as inappropriate use of land or allegations of slum or blight, would be designated to the special magistrate. CODE ENFORCEMENT BOARD AND SPECIAL MAGISTRATES. <> Tell us what was confusing, missing or inaccurate about this page. I, to provide an equitable, expeditious, effective and inexpensive method of enforcing The role of a special magistrate as an office for purposes of the constitutional prohibition on dual-office holding had not been judicially resolved in Florida.11 However, the Florida attorney general has issued several opinions on this issue that conclude, in general, a special magistrate would be an office subject to dual-office holding prohibitions. 162.03 (2014) (Applicability. %PDF-1.5 In regard to terms of employment of a special magistrate, it is important to designate who within the local government has authority to hire or dismiss the magistrate. {er.M-8$XT0` VGO,? to this article. 427 0 obj <>stream 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. )I0 1PBY)##e Through F.S. Request services from Hillsborough County online 24 hours-a-day, 7 days-a-week 24/7 online development permitting solution. Ch. In exercising such creativity, however, it is important to keep in mind that while the legislature has granted broad discretion to local governments in this arena, the legislature does not and cannot exempt local governments from compliance with common law and due process requirements. 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. 2d 95, 96 (Fla. 5th DCA 1996); Rutledge v. Co. of Hillsborough, 2005 WL 2416976 at *6 (13th Cir. code enforcement special magistrates ("CESM"), is authorized by F.S. Dates vary due to COVID. APPELLATE OPINION This consolidated case is before the court to review two decisions of the Code Use this service for general correspondence to Code Enforcement. 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. If the violations are not corrected within the time given, a fine per day may be assessed. Karen Zagrodny Consalo is a partner with the Consalo Law Firm, P.A., and serves as the code enforcement special magistrate for the Town of Oakland. 162.13, which states that nothing within the act prohibits a local government body from enforcing its codes by any other means.. 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. To report specific infractions select the link that most closely describes the situation: For all other inquiries that may affect the quality of life within the boundaries of the city, complete the form below. Do not submit any personal or sensitive information such as account numbers or names. Box 2200 When addressing the Magistrate,please state yourname,address,and speak clearly into the microphone. Defendant Steve Mateyka is a code enforcement officer with the Defendant City of Tampa Code Enforcement. Enforcement of local government ordinances has traditionally been effectuated by volunteers from the community, appointed by local government elected officials and empaneled as the local code enforcement board. If compliance is achieved within 90 days of the Order recordation, a request for a fine reduction may be submitted. In establishing such an alternative system of code enforcement, it is vitally important that the local government ensure a process to maintain procedural and substantive due process protections. Posted. Her relationship with Mr. Goodstein All evidence and testimony must be received during the public hearing. Tampa, FL 33602. 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. However, if the local government opts for less extensive notice provisions, it should still, at a minimum, including mailing via U.S. certified mail, return receipt requested, within a certain number of days prior to the hearing. If such certified mail is not claimed, the ordinance should have an alternative delivery method through personal service of process, posting of the property, and/or publication in the local newspaper, also within a certain number of days prior to the hearing. Maintenance of Structures The presence of four or more members shall constitute a quorum of any seven-member enforcement board, and the presence of three or more members shall constitute a quorum of any five-member enforcement board.). junk, trash, debris). Tampa, FL 33602. Copyright 2023 by eLaws. Commercial Vehicles in a Residential Zone In drafting this type of ordinance, it is imperative to set a timeframe within which the alleged violator must make its selection of a board or magistrate hearing. 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 l/&RTaPX!V=;/3vfBQd.}^APu;_PJDuMo%.MNS;[fi^{p;_"_ q Per F.S. junk, trash, debris), Health Related Licenses and Permits (State of Florida), Re-Zonings, Variances to Regulations and Special Uses, Public Records Search (Hillsborough County Clerk of the Circuit Court), Arrest Inquiry (Hillsborough County Sheriffs Office), Jail Inquiry (Hillsborough County Sheriffs Office), Warrant Inquiry (Hillsborough County Sheriffs Office), Property Tax Records (Hillsborough County), Vital Records - Birth, Death, Divorce, Marriage (State of Florida Dept of Health). A hearing on the violation was held before a City of Tampa Code Enforcement Special Magistrate on May 19, 2021. 162, Part I, to provide an equitable, expeditious, effective and inexpensive method of enforcing the City Code. 20.5 and 27 of the City of Tampa Code. The operation of one (1) or more code enforcement boards ("CEB") and/or one or more 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. Further, like the composition of a jury, these community members are the peers of local land owners that may have alleged code enforcement violations. The first decision is whether such alternative process will use a special magistrate in lieu of a code enforcement board or serve as a supplement to the board. 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. Another technical, but important, concern is whether ex parte communications will be permitted, and if so, under what framework. This process would be compatible to the manner in which an agency may opt to refer an administrative hearing to an administrative law judge. / On review of a final order of the Code Enforcement Special Magistrate for the City of Tampa, Florida. Dates vary due to COVID. 162.06 and 162.07 establish much of the protocols for notice and conduct of a hearing to ensure that due process is provided to the alleged violator. Code Enforcement General Inquiries Use this service for general correspondence to Code Enforcement. As with many elements of the drafting process, the simplest method for assignment of powers to the special magistrate will be to simply reiterate the powers set forth in Ch. Tampa has been a nationally recognized Tree City for 41 years, and its tree ordinance requires an assessment of the tree canopy and urban forest every five years, with todays results reflecting data collected in 2021. It is the responsibility of the violator to contact the citing department for a re-inspection when the violations have been corrected. We also improve the quality of life for Tampa residents through maintenance efforts of medians and vacant lots. Karen Zagrodny Consalo is a partner with the Consalo Law Firm, P.A., and serves as the code enforcement special magistrate for the Town of Oakland. Red Light Cameras - Monthly, generally 1st Thursday, 9 AM. However, notice is a significant part of any code enforcement proceedings, including notice of the alleged violations, notice of hearing dates and times, notices of failure to comply, final orders, etc. As such, lack of attendance can prohibit a board from achieving quorum numbers and lead to cancellation of the scheduled meeting. Another significant decision in establishing an alternative code enforcement process is the extent of authority to be delegated to a special magistrate. Register to receive time-sensitive messages about emergencies and certain non-emergency events straight from us to you. However, should this method be utilized, the process should require such vote be taken at a separate, prior meeting to the hearing at which the substantive merits of the alleged violation should be heard. 352-629-city (2488) code enforcement special magistrate administrative hearing docket hearing information location: wednesday, march 30, 2022 . The Order states the basic facts of the case, identifies the remedy, and gives the penalty if the violations are not corrected in the time allowed. Itemizing the powers of a special magistrate is particularly important if code enforcement authority will be shared with a code enforcement board. County Center 16th Floor It is important to establish parameters around such communications to protect the integrity of the process. (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). After two consecutive terms, a Magistrate shall not be eligible for reappointment until one calendar year has elapsed from date of termination of the second term. The most common of these is a special magistrate. 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. Ch. The drafter should bear in mind that the special magistrate is likely to be in regular communication with code enforcement staff regarding new cases and setting agendas. 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. This will avoid the waste of public and private resources that would result if all parties had to fully prepare their case and witnesses for the board hearing, only to have the board vote to refer the case to the magistrate. sp sm apartments llc, 5403 w gray st, tampa fl 33609 . 9 A good reference point for qualifications can be found in Fla. Stat. The local governing body of a county or a municipality that has a population equal to or greater than 5,000 persons must appoint seven-member code enforcement boards.). 2d 1188, 1189 (Fla. 2d DCA 1998). The new tree canopy report includes several new elements, including an online survey and in-person interviews focused on residents experiences and values of trees, an urban heat map, and environmental equity analysis. Do not submit any personal or sensitive information such as account numbers or names. One option would be to assign cases between the two entities based upon severity of the alleged violation(s). [10] City of Tampa v. Brown, 711 So. The CEB and CESMs shall have the authority to impose administrative fines and other A well-functioning code enforcement board, one with a regular membership that fairly and unbiasedly apply local laws, is a boon to any local government. Davidson confirmed that the code violations listed in the Notice were still present. Most commonly, this alternative process involves the appointment of a special magistrate to either supplement or replace the traditional code enforcement board. Some local governments have also found that board members drawn from the local community may also come to the board with predetermined loyalties, vendettas, or biases that prohibit those members from affording the due process necessary to this quasi-judicial process. (1) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided herein. The City of Tampa Neighborhood Enhancement Division (formerly Code Enforcement & Clean City Divisions) enforces all non-criminal city ordinances, codes, and regulations. The order may be recorded in the public record and will constitute a lien against the violator, against the property that is in violation, and against any other real or personal property owned by the violator (. Illegal Signs 315 E. Kennedy Blvd. x=ko8?e(i10;L$Ks[k*>DIdL jd]Rz\7?\l}~j6_,o4^_^W/?G1+@~?}E$"H(.GTO?>6d~Y 6 ^5@s9lL>:usBf-|a?tQ-K&$=nVKm`w8F7Zj?^m[-u}[6$C=io? Expand the citys Tree-mendous Tampa program to allow people to receive up to five free trees, up from two. Although as noted above, there is a perception of cost-savings by use of a volunteer board, one must keep in mind that F.S. To report specific infractions select the link that most closely describes the situation: For all other inquiries that may affect the quality of life within the boundaries of the city, complete the form below. <>>> There are many apparent benefits to the use of volunteer boards to adjudicate code enforcement violations. 286.011 (2014). Request services from Hillsborough County online 24 hours-a-day, 7 days-a-week 24/7 online development permitting solution. Tampa, Florida 33601, Neighborhood Enhancement Performance Dashboard, Search Code Enforcement Liens and Utility Balances (Conduits), Accumulated Junk Trash or Debris on Private Property, Commercial Vehicle Violation in a Residential Zone, Illegal Dumping or Accumulations on Right-of-Way, Neighborhood Tree Services (Right-of-Way), Neighborhood Enhancement Performance Charts. 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. 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. ~ From the Rules Regulating The Florida Bar. 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. Susan Johnson-Velez, Senior Assistant City Attorney You have not filled out all of the required fields. All rights reserved. 3 0 obj art. Washington's complaint alleged these facts. The value of trees in Tampa is almost immeasurable - the benefits for shade, flood prevention, water quality, air, and aesthetics - all make trees a critical city asset,said Whit Remer, City of Tampa's Sustainability & Resiliency Officer. 14 Floridas requirements for public meetings, known as the Sunshine Act, is set forth in Fla. Stat.