www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 22, 2013
October 22, 2013 - Regular Meeting
Agenda Item #39


Subject
Ordinance No. 13-43 Amending Manatee County Land Development Code Relating to Code Enforcement Board

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Maureen Sikora

Assistant County Attorney

941-748-4501

 

Joe Fenton

Division Manager

941-748-4501 ext. 6854

 



Action Requested
After reviewing the proposed amendments to the Manatee County Land Development Code set forth in Ordinance No. 13-43 and considering all comments received during the public hearing on this ordinance, including staff comments, together with the recommendations of the Manatee County Planning Commission regarding the consistency of the proposed amendments with the adopted Manatee County Comprehensive Plan, motion to approve Ordinance No. 13-43.

Enabling/Regulating Authority
Chapter 162, Part I, Florida Statutes

Background Discussion
  • At the Board of County Commissioners work session held August 20, 2013, Code Enforcement Division Manager Joe Fenton recommended revising the code enforcement hearing process to utilize special magistrates in place of the code enforcement board. Such revision would improve the efficiency of the code enforcement process by eliminating duplication of work for code enforcement officers and other County staff and by replacing the current procedure which consists of two hearings (a plea hearing before the special magistrate followed by a full hearing before the code enforcement board) with a single hearing conducted by the special magistrate.
  • On October 8, 2013, the Board of County Commissioners approved and enacted Ordinance No. 13-36 giving special magistrates designated by the Board the authority to hold hearings and assess fines for violations of County codes and ordinances, including the Manatee County Land Development Code. Various sections of the Land Development Code referring to the code enforcement board and special masters conflict with or duplicate the provisions of Ordinance No. 13-36. Since the code enforcement board and special masters were established in the Manatee County Land Development Code, a separate ordinance is required to amend and repeal the applicable sections of the Land Development Code.
  • Attached is a copy of Ordinance No. 13-43 amending the Manatee County Land Development Code relating to the code enforcement board. This ordinance amends and repeals various sections of the Land Development Code referring to the code enforcement board and special masters and abolishes the Manatee County Code Enforcement Board. The ordinance contains the following significant provisions:
    • Definitions of code enforcement officer and repeat violation are repealed from Section 201 providing definition.
    • Reference to code enforcement board is deleted from Sub-subsection 304.3.2 pertaining to hearing officers.
    • Section 305 entitled Code Enforcement Board is repealed.
    • References to code enforcement board are deleted from provisions to Section 704 pertaining to personal wireless service facilities.
    • Section 1203 entitled Notice of Violation is repealed.
    • Reference to code enforcement board is deleted from Sub-subsection 1205.2.c providing general penalty for violations.
    • References to special master and code enforcement board are deleted from Sub-subsection 1206.8.5 providing additional penalties for junk vehicles.
    • The Manatee County Code Enforcement Board is abolished and cases pending before the Code Enforcement Board are transferred to special magistrates designated by the Board of County Commissioners.
  • On October 10, 2013, the Manatee County Planning Commission held a public hearing, reviewing the proposed amendments to the Manatee County Land Development Code contained in Ordinance No. 13-43, and recommended to the Board of County Commissioners that the proposed amendments are consistent with the adopted Manatee County Comprehensive Plan. The proposed amendments set forth in Ordinance No. 13-43 are consistent with the following objectives and policies of the Manatee County Comprehensive Plan:
    • Policy 2.1.3.4 of the Future Land Use Element, which provides for working with the Manatee Sheriff's Office to reduce criminal activity within the urban area;
    • Policy 2.1.3.9 of the Future Land Use Element, which provides for identifying needs and coordinating improvement activities in neighborhoods throughout the urban area;
    • Objective 6.1.4 of the Housing Element, entitled Substandard Housing, which provides for reducing the number of substandard housing units;
    • Policy 6.1.4.2 of the Housing Element, which provides for identifying and encouraging the rehabilitation of substandard housing;
    • Policy 6.1.4.4 of the Housing Element, which provides for increasing code enforcement activities in CDBG eligible areas;
    • Objective 2.6.2 of the Monitoring Element, entitled Residential Compatibility/Transition, which provides for compatibility of residential uses with adjacent residential and nonresidential uses;
    • Objective 2.6.3 of the Monitoring Element, entitled Industrial Compatibility and Performance Measures, which provides for compatibility of industrial development with adjacent uses;
    • Objective 2.9.2 of the Monitoring Element, entitled Adverse Impact on Housing, which provides for mitigating or preventing adverse impacts on residential uses;
    • Objective 2.10.2 of the Monitoring Element, entitled Diversity, which provides for size, function, and compatibility of new commercial development; and
    • Objective 6.1.4 of the Monitoring Element, entitled Substandard Housing, which provides for reducing the number of substandard housing units.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

Ordinance No. 13-43 prepared by CAO

Agenda Memorandum drafted by CAO



Reviewing Attorney
N/A

Instructions to Board Records
Return stamped copy of Agenda Memorandum and copy of signed Ordinance No. 13-43 to Code Enforcement Division (laurie.menard@mymanatee.org) and County Attorney's Office (maureen.sikora@mymanatee.org). File certified copy of Ordinance No. 13-43 with State of Florida Department of State no later than October 31, 2013. Send copy of Ordinance No. 13-43 to Municipal Code Corporation.

Cost and Funds Source Account Number and Name
n/a

Amount and Frequency of Recurring Costs
n/a


Attachment:  LDC amendments. code enforcement board. Ordinance. No. 13-43. final.pdf
Attachment:  Copy of Newspaper Advertising Ord. 13-43 for 10-22-13 BC.pdf