Please be patient. (c) Do not submit any personal or sensitive information such as account numbers or names. Tampa has been a nationally recognized Tree City for 41 years, and its tree ordinance requires an assessment of the tree canopy and urban forest every five years, with todays results reflecting data collected in 2021. "I am enlisting everyone - city government, individuals, businesses, neighborhood groups for this crucial mission, because Tampa's tree canopy needs help. 163.105(5) (2014) requires a local government to maintain separate legal counsel for its code enforcement board (The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities.). Washington's complaint alleged these facts. Tampa, FL 33602, Mailing Address: If assignment of cases is conducted in this manner, best drafting practices would be to list each type of code violation and assign it to either the board or magistrate.8 Further, such ordinances should include a catch-all default for any unlisted violations to be directed to one or the other of the entities. To report specific infractions select the link that most closely describes the situation: For all other inquiries that may affect the quality of life within the boundaries of the city, complete the form below. The following fields must be filled to send the message: When you submit this form, you will receive a Tracking Number and Access Key allowing you to follow-up on this submittal. 162.06 and 162.07 establish much of the protocols for notice and conduct of a hearing to ensure that due process is provided to the alleged violator. In order to investigate potential violations of codes and ordinances requires the name and address of the complainant. The special magistrate's (or magistrates') authority shall be coextensive with the grant of authority in F.S. If such predispositions for or against a landowner can be demonstrated in a judicial challenge, it may result in a reversal of the code enforcement action. You have not filled out all of the required fields. junk, trash, debris) Overgrown Lots or Yards However, without legal training, such volunteers may lack the legal skills necessary to conduct the code enforcement hearings, particularly during board discussion and imposition of penalty phases, which meet legal requirements. and welfare of the citizens of the City of Tampa. %PDF-1.5 10 Florida Bar certification in city, county, and local government law might also be made a requirement, or a hiring preference, as it would ensure that the magistrate has a firm understanding of city and county code enforcement. Tell us what was confusing, missing or inaccurate about this page. Some local governments have also found that board members drawn from the local community may also come to the board with predetermined loyalties, vendettas, or biases that prohibit those members from affording the due process necessary to this quasi-judicial process. 162.03 places no limitations upon the creativity of a city or county in establishing a process that works best for that jurisdictions individual needs, such as population, budget, and extent of code enforcement needs. A case may still be heard in the absence of the violator, provided legal service of the Notice of Hearing has been obtained. I, to provide an equitable, expeditious, effective and inexpensive method of enforcing Tell us what was confusing, missing or inaccurate about this page. Key findings show: For more information and to apply, visit the City of Tampa's website attampa.gov/trees. Register to receive time-sensitive messages about emergencies and certain non-emergency events straight from us to you. Similarly, procedural due process standards should be maintained at the hearing. In addition to the decision as to whether to keep by the code enforcement board and the special magistrate, and how to assign cases between them, another important decision will be to establish the qualifications and terms of employment of a special magistrate.9 To ensure the special magistrate has a firm understanding of Florida law, best practices would require any applicant to be an attorney of good standing in Florida. Inoperative Vehicles For local governments concerned by a flawed code enforcement board system, the Florida Legislature has permitted alternative processes to be adopted. Explore more guides to help you find what you need. This will avoid the waste of public and private resources that would result if all parties had to fully prepare their case and witnesses for the board hearing, only to have the board vote to refer the case to the magistrate. 352-629-city (2488) code enforcement special magistrate administrative hearing docket hearing information location: wednesday, march 30, 2022 . Subject: Special Magistrate Code Enforcement Hearings. 162.05 requires local governments to retain a separate legal advisor for their code enforcement boards from the governments general legal counsel.6 This statutory mandate to employ an additional attorney as advisor to the volunteer board may negate the cost savings of using a volunteer board. To report specific infractions select the link that most closely . As with many elements of the drafting process, the simplest method for assignment of powers to the special magistrate will be to simply reiterate the powers set forth in Ch. To ensure an unbiased hearing and, thus, due process, the terms of a magistrates employment should expressly bar termination based upon the outcome of a case or cases. The Special Magistrate is invested with the statutory authority found in chapter 162 of the Florida statutes to hear code enforcement cases. sp sm apartments llc, 5403 w gray st, tampa fl 33609 . Overgrown Lots or Yards Such a board creates a public perception of fairness and competence for the local government and may save taxpayer funds. Code enforcement special magistrate (CESM) means the special magistrate or magistrates appointed by the mayor and approved by the city council. She is a former assistant county attorney and former assistant city attorney, and currently represents private clients in local government proceedings, including code enforcement hearings. It is the responsibility of the violator to contact the citing department for a re-inspection when the violations have been corrected. Do not submit any personal or sensitive information such as account numbers or names. She is certified by The Florida Bar in city, county and local government law. 162, Pt. Ch. There are multiple provisions in Ch. While seemingly of less importance than the broad legislative decisions discussed above, the details for provision of notifications must be set forth in the ordinance. to exist. Another technical, but important, concern is whether ex parte communications will be permitted, and if so, under what framework. References in this chapter to an enforcement board, except in s. 162.05, shall include a special magistrate if the context permits.). After 90 days from the Order recordation, the case is sent to the County Attorney's Office for enforcement of the lien. Practice Group LeaderSusan.Johnson-Velez@tampagov.net / 813-274-8790, Assistant: Debbie.Crawford@tampagov.net / 813-274-8841, Dana Crosby Collier, Senior Assistant City AttorneyDana.CrosbyCollier@tampagov.net / 813-274-8270, Rebecca Johns, Assistant City AttorneyRebecca.Johns@tampagov.net / 813-274-5915, Assistant: Debbie.Crawford@tampagov.net /813-274-8841, Camaria Pettis-Mackle, Assistant City AttorneyCamaria.Pettis-Mackle@tampagov.net / 813-274-8738, Assistant: Shawny.Tim@tampagov.net / 813-274-8412, Ron Wigginton, Assistant City AttorneyRonald.Wigginton@tampagov.net / 813-274-8876, Assistant: Astonah.Turner@tampagov.net / 813-274-5168, Old City Hall, 5th Floor These tools established by Ch. Request services from Hillsborough County online 24 hours-a-day, 7 days-a-week 24/7 online development permitting solution. Case Nos. Best Practices for Use of Alternative Code Enforcement Procedures In the special magistrate process, one individual, usually with legal training, conducts a public hearing regarding the alleged violation, renders a ruling, establishes fines, and conducts all other necessary processes for code enforcement. Use this service for general correspondence to Code Enforcement. 162, Part I, to provide an equitable, expeditious, effective and inexpensive method of enforcing the City Code. The statutory scheme clearly contemplates that a special magistrate may step into the shoes of a code enforcement board to engage in the practices and utilize the tools available to effectuate local government code enforcement. This process would be compatible to the manner in which an agency may opt to refer an administrative hearing to an administrative law judge. We also improve the quality of life for Tampa residents through maintenance efforts of medians and vacant lots. The presence of four or more members shall constitute a quorum of any seven-member enforcement board, and the presence of three or more members shall constitute a quorum of any five-member enforcement board.). Additionally, the author recommends a minimum practice period of five years, preferably in fields related to government or real estate law.10. endstream endobj 430 0 obj <>stream Its our job to mitigate these losses in every manner possible" art. 2d 200 (Fla. 1988), rehg dismissed as improvidently granted, 748 So. adopted 8/25/22. Maintenance of Structures In that regard, an alternative code enforcement ordinance may simply make reference to the rules of civil procedure and rules of evidence as guiding but not mandatory documents. code enforcement special magistrates ("CESM"), is authorized by F.S. Commercial Vehicles in a Residential Zone Section 286.0114, Florida Statutes, does not require that members of the public be given a reasonable opportunity to be heard at quasi-judicial code enforcement hearings held by a special magistrate pursuant to authority delegated from the county code enforcement board. Another significant decision in establishing an alternative code enforcement process is the extent of authority to be delegated to a special magistrate. %PDF-1.7 % Further, 162.05(e) includes mandatory disqualification of code board members who miss two of three meetings without statutory justification, which may lead to the board itself having insufficient membership to even call a meeting. Document file sizes are large. 9-101. City of Tampa Unveils Strategy to Plant 30,000 Trees by 2030, TODAY - Live eBike Voucher Lottery Drawing, Mayor Jane's Tree Giveaway Returns, Providing 1000 Free Trees to Residents. 2. Dates vary due to COVID. The special master shall have the power to swear witnesses and take their testimony under oath, to issue subpoenas and other orders regarding the conduct of the proceedings.. If such authority will be shared, it is important to clearly delegate the powers between the two entities. A well-functioning code enforcement board, one with a regular membership that fairly and unbiasedly apply local laws, is a boon to any local government. Use this service for general correspondence to Code Enforcement. 9-108(l), Tampa, Fla. Code. As community volunteers, members of code enforcement boards typically have an intimate understanding of their community, including its historic and current development patterns, areas of local blight, the reputation of local landlords and land-holding trusts, pending redevelopment efforts, and other civic matters that may enable the board to review pending cases in the context of a larger understanding of community well-being. Susan Johnson-Velez, Senior Assistant City Attorney endobj )I0 1PBY)##e Tampa Hispanic Bar Association Board Member, 2014-present; Tampa Preparatory School Dad's Club Co-Chair, 2010-2014; City of Tampa Code Enforcement Special Magistrate, 2009-present; Greater Tampa Catholic Lawyers Guild, 1998-present; 16th Floor 286.011 (2014). Launch a new voucher program to encourage and help people buy trees from local nurseries. One option would be to assign cases between the two entities based upon severity of the alleged violation(s). 162.13, which states that nothing within the act prohibits a local government body from enforcing its codes by any other means.. violation(s): section 82-181 . I am enlisting everyone - city government, individuals, businesses, neighborhood groups for this crucial mission, because Tampas tree canopy needs help. The County will present its case, and the violator may then respond. <> ~ From the Rules Regulating The Florida Bar. Neither the boards finding of a violation nor its establishment of a fine for the violation require further approval by the city council or county commission. The Special Magistrates shall be appointed by the Board of County Commissioners and shall be comprised of four Magistrates. However, there are alternatives for code enforcement when the local government finds that its volunteer board is not meeting the needs of the community. Manager, Citizen Boards Support at 19. County Center The City of Tampa Neighborhood Enhancement Division (formerly Code Enforcement & Clean City Divisions) enforces all non-criminal city ordinances, codes, and regulations. Davidson confirmed that the code violations listed in the Notice were still present. Code Enf. Due process in local government hearings requires notice and an opportunity to be heard.12 Much of this article has been dedicated to the hearing portion of due process requirements. In regard to terms of employment of a special magistrate, it is important to designate who within the local government has authority to hire or dismiss the magistrate. x=ko8?e(i10;L$Ks[k*>DIdL jd]Rz\7?\l}~j6_,o4^_^W/?G1+@~?}E$"H(.GTO?>6d~Y 6 ^5@s9lL>:usBf-|a?tQ-K&$=nVKm`w8F7Zj?^m[-u}[6$C=io? The CEB and CESMs shall have the authority to impose administrative fines and other In doing so, the government will protect its citizens from unfair enforcement while also ensuring the defensibility of code enforcement orders in court. We need to act quickly and decisively to replenish our invaluable urban forest, which has decreased over the past decade,said Mayor Jane Castor. art. Better utilize the citys tree trust funds and work with the city council to put more resources into maintaining the existing tree canopy. We review de novo a district court's dismissal under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, accepting the complaint's factual allegations as true and construing them in the light most favorable to the plaintiff.Butler v. Sheriff of Palm Beach Cnty., 685 F.3d 1261, 1265 (11th Cir. A map of urban heat, based on summertime land surface temperatures, found that areas with tree canopy are nearly 6F cooler than areas with more impervious surfaces. It is the intent of this chapter to promote, protect and improve the health, safety, 2023 The Florida Bar. 11 Fla. Const. Notice: In accordance with House Bill 60, passed July 1, 2021, anonymous complaints will no longer be accepted. Mayor Castors tree initiative includes several elements: Mayor Castor said the 30,000 new trees will be a mix of shade, native, and specialty trees, and that maintaining and keeping healthy the existing canopy is as important as planting new trees. Therefore, any code enforcement process must have clearly articulated reasonable methods by which notice of these proceedings will be provided to the alleged violator.13 F.S. Brandon Regional Service Center The value of trees in Tampa is almost immeasurable - the benefits for shade, flood prevention, water quality, air, and aesthetics - all make trees a critical city asset,said Whit Remer, City of Tampa's Sustainability & Resiliency Officer. Our ambitious multi-part roadmap includes the planting of trees on both private property and in public spaces. 311 Pauls Drive P.O. to warrant the immediate abatement of the condition by directing the appropriate city Further, like the composition of a jury, these community members are the peers of local land owners that may have alleged code enforcement violations. Another method for assignment of cases may be to allow the code enforcement board, by appropriate vote, to refer certain cases to the special magistrate. condition presents a serious threat to the public health, safety, and welfare so as Her relationship with Mr. Goodstein For information on how to appeal, contact the Clerk of the Circuit Court or your legal counsel.