Revision to General Rules of Procedure-Code Enforcemnet Board 100 N.W 1 st Avenue
City of Delray Beach Delray Beach,FL 33444
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Cover Memorandum/Staff Report
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File #: 1 ® Agenda Date: 2/12/2019 Item #: 6.X
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TO: Mayor and Commissioners
FROM: Michael Coleman, Director, Neighborhood & Community Services
THROUGH: Mark R. Lauzier, City Manager
DATE: February 12, 2019
REVISIONS TO THE GENERAL RULES OF PROCEDURE- CODE ENFORCEMENT BOARD
Recommended Action:
Motion to approve revisions made by the Code Enforcement Board to their General Rules of
Procedure.
Background:
On January 10, 2019, the Code Enforcement Board made the following changes to their General
Rules of Procedure-
1 , A change has been made to the to Code Enforcement Board Hearings are held. Hearings
will now be held on the second Thursday of each month. Previously, hearings were held on the
second Tuesday of every month.
2. The City Manager or his/ her designee can now call Special Hearings of the Board. The
Chairman is no longer able to call for a Special Hearing.
3. The previous Rules and Procedures had itemized rules on how to run a Quasi-Judicial
hearing, The Amended Rules and Procedures have adopted the City of Delray each
Procedures for Quasi-Judicial Hearings adopted by the City Commission on March 17, 2017.
CqyA orney Review:
Approved as to for and legal sufficiency.
Funding Source/Financial Impact:
Not applicable.
Timing of Request:
There is no time sensitivity for this item.
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City of Delray Beach Page 1 of 1 Printed on 21612019
GENERAL RULES OF PROCEDURE OFTHE CODE ENFORCEMENT BOARD
CII'Y OF DELRAY BES CI i, `dl,,,.ORIDA
Afticle 1m General.
The Code Enft)rcement Board (hereinafter referred to as "the Board") shaii be
goverried by Chapter 37 of the Code of Ordinances of the Cfty of DOray Beach, Fiorida,
(hereiriafter referred to as "the City"), Chapter 162 of the F]orida Statutes and the
Genewal Ruies of Procedure set forth herein, as adopted by the Board and approved by
the Cty Comrndss�on of the C.fty pursijant to Sec. 37.21 of the Code of Ordinances.
Article IL, Officers,
1, I-he Board ha00 6ect as Chadrperson and a Vic e-(.'Ohairperson anriwAy in
the month of January, or, as soon thereafter as possV(-.a, at as re scheduied
heahng frorn amorig dts rnernbeirs by as majority vote of its rriernbers present arid voting
at the tdrrie of 6ection,
2, The ("Ohairpeirscava„ or, in the absence of the Chairperson, the Vice-
Ct4rperson, shaH preside at aH p roceed d rigs of the B(-.)ard and shaH r0e on aH points of
order and procedure, ff both the Chairperson and the Vice-C: hairpeiison are absent at a
parficWar hearing, the mernbers, preserit at that hearing shafl, by majority vote, 0ect as
member to i-)reside at that hearing oniy.
I The Bo,a,ird Cerk, appointed by the City Manager, shali adrnindster oaths,
record proceedings of ttie Board, keep minutec.; of procee6ngs, take roil c0s, record
votes of the Board and carry out reiated dubperta4,iing to preparation, posting, and
disthbt,ifion of agendas, distribution of rnatehato Board nieaibers and preparation of
Board Order-, for signature. 7"6re Board Cerk's designee stiaH assuirne the
afbrerner-itioned dtifies in the absence of the Board C�erl(.
Article III.- 11earings, Quorum, Order of Business, Coinflicts
1, The Board shaH conduct hearings on the second Thursday of each month
at 1.30 p.m. The headrigs shafl be iocated at City HaH in the City, uMess there is no
cause to hoid such hearing oir if as partJcuWr hearing coincides with as IB ofiday as
deed griated by the City. The standard day of h(..,,agings shaH be determined by the City
Manager. Workshop meetings may be scheduied at the rnutua0 convenience of (.,pty stff
Baan d the Board.
2. "The City Manager, or designee, rnay caH hearings of the Board.
I A qUorurn is required to conduct a hearing. A quoruirn shafl cora sist of four
(4) or more rnernbers of the Board. Ail fin6ngs and orders of the Board require a vote
of a rnajority of its rnernber's present and vofing, except that. at Neast four (4) Meirnbers of
tl,.ie Board rnust vote.
4. Afl headrigs sh0 be open to the pubk, T'he Board Cierk shail administer
oaths to afl persons tesfifypng before the lBoard.
5. "The order of business at hearings shaibe set by the Board arid rTlay be
modified by a majority vote of the members present,
6. If aRp Ibuspine ss cannot be finished, the Board rnay adjourn Ljnfi6shed items
to a future tirne and ft)turedate cemap n, Notice of the future fiffie and fUtUre date c,lhafl
be gNen to the reporno ents affected by the adjournment.
7. Conftts: A Board r-nernber stiafl not abstain frorn vofing unless the
niernbe,r has a conffict of irnterest pursuant to the requ4-enients of Rodda Statutes,
Chapter. 112, Secfion 112.314.3(4)(a).
& Board Mernbers shali comply with the rules as describEA un Sections 2-
441 to 2-448 of the PalmBeach County Code of Ethics,
Article IV. Absences, Removal from Office.
Board Members rnay be suspended or removed for, (l.w.ise accor(Jing to the
proceduros for rem ovai as set forth 0 the Code of Ordinances of the City pUrsuant to
Sec. 37.24,
Article V. Parliamentary Procedure.
Roberts Rtjes of OrdW shr ip be the final authohty concerning questions of
padrnentary proce�du,jres.
Article VL Hearing Procedures.
"'The Board shaIll be governed by the "'City of Delray Beach Procedures f6r
Quasi-Judicial I-learings"as adopted by the C,'."ity Cornrnisspon on March 17, 2017, or as
subsequenfly amended by the Cornmission. See Exhibit "A" attached to thEgeneral
r'Wes and incorporated herein.
Article VIL Powers of the Board.
'The Board shaU have the powers to adopt rules for the conduct (')f its hearings
not otherwise in conffict Wth Chapter 37 of the Code of Ordinances of the City, and
Chapter, 162 Fohda Statutes, to subpoena aIlleged vponators and wftnesses to pts
headrigs, to subpoena evidence, to take tesfirnony under oath, and to issue orders
hav4ig the force of Baw comrnan6ng whatever steps are necessary to effect
cornpiance, The Cfty, the Board, or the respondent rnay request that witnesses and
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records, including surveys, pWs, and other materials, and other, evidence be
st,jbpoenaed to any formal headrig, 1"he ChairperT,.;on shall provide the Bmird Qerk with
sufficient sk ned and blank Mriess subpoerias to be provlded to as respon(Jent for the
purpose of subpoena4ig wrtnesses, records, and other evidence, 'T'he respondent sh0
pay to the City as fee as required by the C4 Clerk for, each subpoeria k:uSLjed,
Article VUL, Appeals, Reconsiderations, and Board Orders.
t. Appeaps- Every IBoaard Order sh0 be flr4 subject to the right of the
aggrieved party, inckj&'ig, Mhout fimftafion, the City or the respondent, to appeap to the
Circuit C.ourt of the Fifteenth Ju6clap Circuit of F`Iorida in and for Paki Beach County,
Florida. Such an appeal shali not be as hearing de novo, but shalll be firnited to app&lWe
revpew of the: record created before the Boar'd. An appeal shalp be Med wrthirl the Ur nue
period set forth pn Chapter 162, Fli..i. Stat., after the Board Order has been revidered arid
Gn accordance with the Fiorida Rules of Civil Procedure.
2, F"ine, Reduction, 'I"irne Extension arid Recons�derafion: A r° pc or.
petitioner May request that the Board extend or roconsider an order or a,.i fine arn(,wnt.
Any such request MUst be docuffiented ori a forry) approved by the Board and avai9aNe
frorn the Board Clerk, However, such request sh0 riot be construed to extend or in any
way after any deadline for any party, to file an appeal of a previously executed Board
Order,with the Circuit Court,
3, 1Enforeceeruneunt Orders.- Eve:ry Board Order, shall be in wrifing, shali 41clude
findings of fact and cx)nclusons of law, shafl be signed by the CI-4rperson or Vice—
Chaprperson, and shafl Ihe ffled 41 the ofl'k-.e of the Board Cpedc A copy of the signed
order sp,iall be served as spec.ified pn C'hapter 162 of the F`lorida Statutes. 'The Board
shafl, ln every procee6ng, reach as decpspon withotA unr(,aasonaWe or- unnecessary d0ay
and shalp, on alp "nstances, reach as decislon within twenty (20) capendar days frorn the
date of the hearling at which the case was heard. Board Orders, shaV be entered lnto the
Code Enforcement C erks records Wth notaflon as to the date/tJrne they haw,,� been
entered whlch wM be conspdered the date such orders liave been rendered,
Article IX. Adollption; Amendments; Required Review, Effective Date.
T'hese general rules or subseqUent arnendrnents"
1 , Sp--ial8 be adopted by the Board by a maj&ty vote of mernbers
present and vofing at the Ume of adopfion.
2May be arnended by the Board by as majority of niernbers present
and voting at the time of adoptlon of tune amendment, however, sald amendments wili
require approvall of the City Corinrnssion,
3. to pe be rev�ewed by the Il acrd every two years.
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4. ShO become effective upon approvap by the City Commission,
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5. Were. adopted by the Beard on this ... �.��N day of January 2019.
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5. Were approved by the City Commission and became effective on
th _.. day of ..:L. . ....__....... 2019.
ZA
Cl DEL BEACH, FLORIDA
ATTEST. ..
Katern Jahns City CIerk theG PetroNa ayor
Approved as to form and
p g E sufficiency:
prat
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rn rrn u Attorney
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