13-1400 Appointment of Special Magistrate

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WHEREAS, Part II, Chapter 2, Administration, and Part III, General Administration, of the City of Casselberry Code of Ordinances establish the procedures to be used for Code Enforcement; and WHEREAS, the City Commission desires to authorize the Special Magistrate, as well as the Code Enforcement Board, to function as the Nuisance Abatement Board; and WHEREAS, currently the City of Casselberry Code of Ordinances provides only for the use of a code enforcement board for code enforcement proceedings; and WHEREAS, the City Commission recognizes that the use of a special magistrate in code enforcement proceedings is authorized by State law; and WHEREAS, the City Commission has determined it is in the best interest of the City of Casselberry to amend its Code of Ordinances to provide the City Commission with the authority to appoint a special magistrate to hear code enforcement and nuisance abatement proceedings in lieu of a code enforcement board; and WHEREAS, underlined words constitute the additions to the Code of Ordinances, strikethFeug# constitutes deletions from the Code of Ordinances, and asterisks ( * * *) indicates the omission from the body of this Ordinance that text which is included in the Code of Ordinance and which is intended to remain unchanged by this Ordinance. NOW, THEREFORE, BE IT ENACTED by the City Commission of the City of Casselberry, Florida as follows: SECTION 1. Legislative Findings and Intent. The findings set forth in the recitals above are hereby adopted as legislative findings pertaining to this Ordinance. SECTION 2. Section 1 -2.3, Citations, Chapter I, General Administration, Article II, Administration and Enforcement, of Part III, Unified Land Development Regulations, of the Code of Ordinances of the City of Casselberry is hereby repealed in its entirety. SECTION 3. Section 2 -147, Chapter 2, Administration, Article IV, Boards, Committees and Commissions, Division 2, Code Enforcement Board, of the Code of Ordinances of the City of Casselberry is hereby amended to read as follows: Sec. 2 -147. Intent of Division. It is the intent of this Division to promote, protect and improve the health, safety and welfare of the citizens of the City by authorizing the creation of an administrative board with authority to impose administrative fines and other noncriminal penalties, to provide an equitable, expeditious, effective and inexpensive method of enforcing any codes and ordinances in force in the City where a pending or repeated violation continues to exist. It is further the intent of this Division to provide the Citv Commission with the ability to appoint a special magistrate in addition to, or in place of, a code