City of Gainesville - File #: 121102.

• File #: 121102.
• Version: 1
• Type: Ordinance
• Status: Adopted
• File created: 5/8/2013
• In control: City Commission
• On agenda: 7/18/2013
• Final action: 8/1/2013
• Title: SPECIAL MAGISTRATE FOR CODE ENFORCEMENT (B) Ordinance No. 121102 An ordinance of the City of Gainesville, Florida, amending the Gainesville Code of Ordinances by creating a special magistrate position as an alternative to the code enforcement board to enforce compliance with City Of Gainesville ordinances; amending Chapter 2, Article V, Division 8 , Code Enforcement Board to provide intent; provide minimum qualifications and requirements for appointment of special magistrates; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

Date	Ver.	Action By	Action	Result
8/1/2013	1	City Commission	Adopted on Final Reading (Ordinance)	Pass
7/18/2013	1	City Commission	Adopted on First Reading (Ordinance)	Pass

title
SPECIAL MAGISTRATE FOR CODE ENFORCEMENT (B)

Ordinance No. 121102
An ordinance of the City of Gainesville, Florida, amending the Gainesville Code of Ordinances by creating a special magistrate position as an alternative to the code enforcement board to enforce compliance with City Of Gainesville ordinances; amending Chapter 2, Article V, Division 8 , Code Enforcement Board to provide intent; provide minimum qualifications and requirements for appointment of special magistrates; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

recommendation
The City Commission adopt the proposed ordinance.

explanation
CODE ENFORCEMENT STAFF REPORT

The Community Development Committee (CDC) discussed the Special Magistrate referral on May 24, 2011 and requested that staff provide additional information on the following items: cost of a Special Magistrate; framework and division of labor (if a hybrid model); timeliness of enforcement; transparency of LLP points removal; and the level of penalties that can be issued. On May 22, 2012, the CDC received a presentation from staff addressing the issues discussed at the May 24, 2011 CDC meeting and made a recommendation to the City Commission that a Special Magistrate be implemented in lieu of the Code Enforcement Board.

Authority for the city to establish a code enforcement board and/or special magistrate to consider violations of the code of ordinances is provided for by section 162.03(2), Florida Statutes:

(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. A special magistrate shall have the same status as an enforcement board u...