city commission meeting june 16, 2014 1. workshop discussion regarding the proposed civil citation...

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City Commission Meeting June 16, 2014 1

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

1

City Commission Meeting

June 16, 2014

Page 2: City Commission Meeting June 16, 2014 1. WORKSHOP DISCUSSION REGARDING THE PROPOSED CIVIL CITATION PROCESS

WORKSHOP DISCUSSION REGARDING

THE PROPOSED CIVIL CITATION PROCESS

Page 3: City Commission Meeting June 16, 2014 1. WORKSHOP DISCUSSION REGARDING THE PROPOSED CIVIL CITATION PROCESS

ACE Program: Alliances for Community Excellence

Landlord Registration

UnsafeStructure

NuisanceAbatement

Administrative

Foreclosure

Staff & Communi

ty Partnersh

ip

Enforcementthru Civil Citation

√ √

Page 4: City Commission Meeting June 16, 2014 1. WORKSHOP DISCUSSION REGARDING THE PROPOSED CIVIL CITATION PROCESS

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.

Page 5: City Commission Meeting June 16, 2014 1. WORKSHOP DISCUSSION REGARDING THE PROPOSED CIVIL CITATION PROCESS

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

Page 6: City Commission Meeting June 16, 2014 1. WORKSHOP DISCUSSION REGARDING THE PROPOSED CIVIL CITATION PROCESS

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 ?

Page 7: City Commission Meeting June 16, 2014 1. WORKSHOP DISCUSSION REGARDING THE PROPOSED CIVIL CITATION PROCESS

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

Page 8: City Commission Meeting June 16, 2014 1. WORKSHOP DISCUSSION REGARDING THE PROPOSED CIVIL CITATION PROCESS
Page 9: City Commission Meeting June 16, 2014 1. WORKSHOP DISCUSSION REGARDING THE PROPOSED CIVIL CITATION PROCESS

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)

Page 10: City Commission Meeting June 16, 2014 1. WORKSHOP DISCUSSION REGARDING THE PROPOSED CIVIL CITATION PROCESS

Civil CitationsPolicy Questions

In what situations

And how proactive in each situation

?

Page 11: City Commission Meeting June 16, 2014 1. WORKSHOP DISCUSSION REGARDING THE PROPOSED CIVIL CITATION PROCESS

Civil CitationsPolicy Questions

An immediate fine may be assessed:

Minimum Property Maintenance

Occupancy Codes

Building Codes

Illegal Construction

Motor Vehicle Regulation

Zoning Violations

Page 12: City Commission Meeting June 16, 2014 1. WORKSHOP DISCUSSION REGARDING THE PROPOSED CIVIL CITATION PROCESS
Page 13: City Commission Meeting June 16, 2014 1. WORKSHOP DISCUSSION REGARDING THE PROPOSED CIVIL CITATION PROCESS

Civil CitationsPolicy 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

Page 14: City Commission Meeting June 16, 2014 1. WORKSHOP DISCUSSION REGARDING THE PROPOSED CIVIL CITATION PROCESS

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

Page 15: City Commission Meeting June 16, 2014 1. WORKSHOP DISCUSSION REGARDING THE PROPOSED CIVIL CITATION PROCESS

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

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

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Hallandale Beach

City Commission Meeting

June 16, 2014