Persons who desire to voluntarily contribute to the improvement of our parks and recreation facilities shall be entitled to do so by making such voluntary contributions to the city's finance director. All monies received by the finance director of the city in payment of said voluntary contributions as indicated thereon shall be deposited in a separate and segregated fund to be separately accounted for, which monies shall then be used and administered by the city parks and recreation department for capital improvements within the park system of the city. In order to effectuate the provisions of this section, the finance director is hereby directed to amend and revise the municipal utilities monthly bill in order to enable individuals or persons desiring to make such contribution to indicate the same thereon and the amount of such contribution.

(Ord. No. 15-O-07, § 3, 9-28-2015)

(a)

Adoption of a city seal. The city council does hereby adopt as its official seal the seal as shown on Exhibit A [of Ord. No. 89-9-24], attached hereto and made a part hereof by reference. The city council does hereby adopt as its official community redevelopment agency logo the logo as shown on Exhibit B [of Ord. No. 89-9-24], attached hereto and made a part hereof by reference.

(b)

Custodian of the city seal and redevelopment logo. The city clerk shall be the custodian of the city seal and redevelopment logo.

(c)

Prohibiting use of the seal and logo.

(1)

The city clerk may certify under said seal copies of any city ordinance, resolution, record, paper, letter or document by law placed in his or her custody, keeping and care. Only the city clerk shall have the authority to affix the city seal to any document for the purpose of attesting, certifying or otherwise formulating such documents.

(2)

Any facsimile or reproduction of the city seal shall be manufactured, used, displayed or otherwise employed by any person, firm or corporation only upon approval of the city council. The city council may grant a certificate of approval, upon application to the council, to any person, firm or corporation showing good cause for the use of the city seal for an approved and proper purpose.

(3)

Any facsimile or reproduction of the city community redevelopment logo shall be manufactured, used, displayed or otherwise employed by any person, firm or corporation only upon approval of the community redevelopment agency. The community redevelopment agency may grant a certificate of approval upon application to the agency to any person, firm or corporation showing good cause for the use of the logo for an approved and proper purpose.

(4)

Any person, firm or corporation without the authority of the city council or the community redevelopment agency, as applicable, who shall print for the purpose of sale or distribution in the state or who, without the authority of the city council or the community redevelopment agency, shall circulate, publish, use or offer for sale any letters, papers, documents or reproduction which simulates the city seal or redevelopment logo shall have committed an act in violation of this section. It shall be no defense to show that the letters, papers, signs, documents or other reproductions bear any statement to the effect that it is not official or not disseminated by the city.

(d)

Penalties.

(1)

Any person violating this section, upon conviction, shall be punished by a fine up to five hundred dollars ($500.00) and/or punishment in the Citrus County Jail for a term not to exceed sixty (60) days.

(2)

In addition to criminal penalties, the city council may authorize the city attorney to file in circuit court an action requesting injunctive relief to restrain or prohibit the violation of this section.

(e)

Exceptions. Nothing in this section shall be construed to prohibit the printing, publication or distribution of blank forms, slicks, photo mechanical transfers (PMTs) or stationery for official use containing the city seal when authorized by the city manager or his designee. Nothing in this section shall be construed to prohibit the printing, publication or distribution of blank forms, slicks, PMTs or stationery for official use containing the redevelopment logo when authorized by the chairman of the community redevelopment agency or his designee.

(Ord. No. 15-O-07, § 3, 9-28-2015)

Editor's note— Exhibits A and B referred to in subsection (a) of this section are not included herein but are on file and available for inspection in the city clerk's office.

All purchases in excess of twenty thousand dollars ($20,000.00) shall be approved by the city council;

All professional services for a project whose projected base construction costs as estimated by the city to be in excess of one hundred thousand dollars ($100,000.00), or planning or study activities with a fee for professional services is estimated to be in excess of ten twenty thousand dollars ($20,000.00) shall be approved by city council.

(Ord. No. 15-O-07, § 3, 9-28-2015)

Charter reference— City Council, § 3.02 et seq.

(a)

City liens subject to this section. For purposes of this section only, a "city lien" is a lien, under state law, held by the city on real property owned by another party ("lienee") requiring the payment of outstanding money owed in an amount less than one hundred thousand dollars ($100,000.00). A city lien may include, without limitation:

(1)

A mortgage.

(2)

A judgment lien.

(3)

A lien arising under an agreement between city and a property owner providing that the city will have a lien on the property owner's real or personal property, including but not limited to a developer's agreement entered into pursuant to chapter 14 of the land development code.

(4)

A lien arising under article VI of chapter 2 of this Code concerning code enforcement.

(5)

A lien arising under article III of chapter 6 of this Code concerning abatement of nuisances.

(6)

A lien arising under article II of chapter 16 of this Code concerning water and sewer services.

(7)

A lien arising under article I of chapter 10 of this Code concerning health, sanitation and public welfare.

(8)

A lien arising under chapter 14 of this Code concerning streets and sidewalks.

(9)

A lien arising under chapter 19 of this Code concerning Florida-friendly use of fertilizer on urban landscapes.

(b)

Authority for reduction, satisfaction and release.

(1)

The city manager or his or her designee is authorized to satisfy and release city liens pursuant to this section, when the city manager determines that all obligations secured by the lien, including the payment of money (if required), have been performed.

(2)

Pursuant to the criteria set forth in subsection (c)(3), below, the city manager is authorized to reduce the obligations of a lienee pursuant to a city lien, including the outstanding money owed, or satisfy and release a city lien absent the performance of all obligations of the city lien (collectively "reduce"). Notwithstanding the foregoing, the city manager's authority to reduce such obligations is limited and the benefit conferred through such reduction shall not exceed fifty thousand dollars ($50,000).

(3)

Pursuant to the criteria set forth in subsection (c)(3), municipal code enforcement board or code enforcement special magistrate is authorized to reduce or satisfy and release the obligations of a lienee pursuant to any lien arising under article V of chapter 2 of this Code concerning code enforcement may be satisfied, released or reduced as follows:

a.

By the chairman or vice-chairman of the municipal code enforcement board, if the lien arose under an order issued by such board, pursuant to procedures established by the code enforcement board and approved by the city manager.

b.

By the code enforcement special magistrate, if the lien arose under an order issued by the code enforcement special magistrate, pursuant to procedures established by the special magistrate and approved by the city manager.

c.

Notwithstanding the foregoing, the authority of the municipal code enforcement board or code enforcement special magistrate to reduce such obligations is limited and the benefit conferred through such reduction shall not exceed one hundred thousand dollars ($100,000).

(4)

Any reduction of obligations of a lienee conferring a benefit exceeding one hundred thousand dollars ($100,000) requires approval of city council.

(c)

Procedure; criteria for reduction. Upon request of city staff, the owner of the property subject to a city lien, or another interested person (including a proposed purchaser, proposed mortgagee, or title insurance company or agent) ("requesting party"), that a city lien be satisfied, released or reduced under this section, the city manager shall:

(1)

Request appropriate city staff to review the city lien to determine whether it should be satisfied, released or reduced under this section.

(2)

Request the city attorney to review the city lien to determine whether it should be reduced, satisfied or released under this section, and whether there are any provisions thereof that should be preserved for the benefit of the city.

(3)

If the city lien arose under article V of chapter 2 of this Code concerning code enforcement, then the request and accompanying staff report shall be forwarded to the municipal code enforcement board or code enforcement special magistrate for consideration pursuant to section (b)(3), above.

(4)

Criteria for reduction. In the case of a request that a city lien be reduced, the city manager, municipal code enforcement board, or code enforcement special magistrate shall consider the following criteria:

a.

Whether the subject property complies with all city codes and ordinances;

b.

Whether the lienee has paid all actual costs and expenses incurred by the city in connection with the city lien;

c.

Whether the lienee or requesting party owns any other properties in the city and whether such properties have active code enforcement violations or are encumbered by additional city liens;

d.

Whether the lienee or requesting party owned the property for which the lien was recorded at the time the lien was recorded;

e.

Whether the lienee or requesting party took proactive action to correct the acts, omissions, or violations resulting in the recording of the lien;

f.

Whether third parties or adjacent property owners have suffered damages as a result of the acts or omissions giving rise to the city lien, and if so, whether restitution has occurred; and

g.

Any other specific information or factor which may show a hardship on the lienee or requesting party or which may provide a reasonable basis for the requested relief.

(d)

Form of satisfaction or release.

(1)

If the city manager, municipal code enforcement board or special magistrate determines the city lien should be satisfied, released or reduced under this section, the city manager shall direct the city clerk to prepare the appropriate document satisfying, releasing, or reducing the city lien.

(2)

Such document may satisfy the city lien in whole or in part, may release the city lien from portions of the property encumbered by the city lien, or reduce the lienee's outstanding obligations or money owed, and may reserve, for the benefit of the city, owner or developer, certain provisions of the city lien.

(3)

The city manager, chair or vice chair of the municipal code enforcement board, or code enforcement special magistrate, together with the city attorney, may thereafter execute the document satisfying or releasing the city lien, and the city clerk shall attest such document and record it in the public records.

(e)

No further action by city council required. The execution of a document satisfying or releasing a city lien under this section shall constitute approval of the document pursuant to the City Charter, as if executed by the mayor, and it is not necessary that city council further approve the document or that it be executed by the city council president.

(f)

Limitations. A satisfaction, release or reduction of a city lien under this section shall be effective only to satisfy, release or reduce the city lien and shall not be effective to satisfy or release any other provisions of any agreement or other document pursuant to which the lien arose. Further, any satisfaction, release or reduction of city liens requiring payment of money in an amount exceeding one hundred thousand dollars ($100,000.00) shall require city council approval.

(g)

Not exclusive. The provisions of this section are not intended to be the exclusive means of satisfying or releasing a city lien. Thus, nothing set forth herein shall preclude the satisfaction or release of a city lien by city council, or as otherwise permitted by applicable law.

(Ord. No. 21-O-07, § 1, 7-12-2021)

Editor's note— Section 2-16, pertaining to composition, term of office and election of council members, as derived from Code 1964, § 2-11, has been deleted pursuant to instructions from the city, said section provisions being covered by Art. 3 of the Charter of the city passed at election on Dec. 12, 1984.

(a)

Definitions.

Formal session means any time during a city council meeting where any member of the governing body invokes a rule contained in Roberts Rules of Order, 10th Edition.

Informal session means all other times during a city council meeting which are not designated a formal session shall be deemed informal session.

(b)

Procedures used during formal session.

(1)

If any member of the city council/mayor wishes to invoke formal session to deal with a single issue they shall indicate to the chair that they wish that this issue be dealt with in formal session. A motion to enter formal session and a second to that motion may accomplish this.

(2)

The chair shall then deal with the issue according to Roberts Rules of Order, 10th Edition.

(c)

Procedures used during informal session. The chair shall administer city council meetings informally in a manner to expedite public business and encourage civic debate.

(Ord. No. 15-O-07, § 3, 9-28-2015)

(a)

The city council shall establish the requirement that the tentative budget for each fiscal year shall incorporate estimated ad valorem revenue in an amount that does not exceed the ad valorem levied during the prior fiscal year, exclusive of new construction, additions to structures, deletions, increases in the value of improvements that have undergone a substantial rehabilitation which increased the assessed value of such improvements by at least one hundred (100) percent, property added due to geographic boundary changes, total taxable value of tangible personal property within the jurisdiction in excess of one hundred fifteen (115) percent of the previous year's total taxable value, and any dedicated increment value, less the amount, if any, paid or applied as a consequence of an obligation measured by the dedicated increment value (revised definition of the roll-back rate, per 2007 Fl. ALS 321; 2007 Fla. Laws ch. 321; 2007 Fla. HB1; modifies F.S. § 200.065).

(b)

This tentative budget shall be submitted no later than July 1 of each fiscal year.

(Ord. No. 15-O-07, § 3, 9-28-2015)

The regular election shall be held concurrent with the general national and state election date per F.S. § 100.031.

(Ord. No. 15-O-07, § 3, 9-28-2015)

Editor's note— It should be noted that the language of § 2-41 was changed to conform to the charter amendment, Ord. No. 98-O-11, adopted June 15, 1998. See § 3.03 of the Charter. The user's attention is also directed to § 7-1.

Charter reference— Election and terms, § 3.03 et seq.

The whereas clauses of Ord. No. 10-O-18 are hereby adopted as the legislative findings and intent of the city council of the City of Crystal River.

(Ord. No. 15-O-07, § 3, 9-28-2015)

The CRA will present an annual budget and program plan to council for review by no later than May 31 of each year. This will involve a list of proposed projects and a summary operating budget broken out by general category (salaries, benefits, services, supplies, and capital). The CRA will submit requests for budget amendments to council whenever projected costs exceed budgeted costs by more than ten (10) percent for any project and/or the operating budget. Absent a budget amendment increasing the overall budget, CRA will operate within the overall constraint of the approved annual budget. CRA disbursements will continue to be handled by the city finance department.

(Ord. No. 15-O-07, § 3, 9-28-2015)

Consistent with Section 163.356, Florida Statutes, the CRA shall have the right to employ an executive director, technical experts, and such other employees, permanent or temporary, as it requires, and determine their qualifications, duties, and compensation, and employ or retain its own legal counsel.

(Ord. No. 15-O-07, § 3, 9-28-2015)

The CRA will follow city guidelines in terms of soliciting competitive pricing for goods and services.

(Ord. No. 15-O-07, § 3, 9-28-2015)

(a)

The city council of the City of Crystal River, Florida, shall be the commissioners of the City of Crystal River Community Redevelopment Agency (CRA).

(b)

The city council will designate the CRA chair and vice chair from among the commissioners.

(c)

The city council may appoint two (2) additional persons to act as commissioners of the City of Crystal River CRA. The terms of office of the additional commissioners shall be for four (4) years, except that the first person appointed shall initially serve a term of two (2) years. Persons appointed as additional commissioners by the city council are subject to all provisions of Chapter 163, Part III, Florida Statutes, relating to appointed commissioners of a community redevelopment agency. A vacancy occurring during the term of an appointed commissioner shall be filled for the unexpired term through appointment of an individual by the city council.

(d)

The term of office for commissioners of the City of Crystal River CRA, who are also members of the city council of the City Crystal River, shall be concurrent and coterminous with their term of office as members of the city council.

(e)

The city council does hereby expressly authorize the community redevelopment agency board to continue to exercise all the powers conferred, and as limited, by Chapter 163, Part III, Florida Statutes, necessary or convenient to carry out and effectuate the purposes of community redevelopment within the boundaries and during the scope of the extended term of the community redevelopment area, and hereby extends the term of the CRA district by an additional term of thirty (30) years from the date of the adoption of the ordinance from which this subsection derived (Jan. 13, 2014).

(Ord. No. 15-O-07, § 3, 9-28-2015)

The CRA will submit an annual report on the accomplishments for the preceding fiscal year, no later than March 31 of each year, to include a complete financial statement setting forth its assets, liabilities, and operating expenses for the fiscal year. The CRA will submit quarterly project status reports to council.

(Ord. No. 15-O-07, § 3, 9-28-2015)

It is the intent of this article to promote, protect, and improve the health, safety, and welfare of the citizens of the City of Crystal River by providing an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances where a pending or repeated violation continues to exist.

(Ord. No. 15-O-07, § 3, 9-28-2015)

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:

City attorney means the legal counselor for the city.

City council means the legislative body of the City of Crystal River, Florida.

City inspector means any authorized agent or employee of the city whose duty it is to assure code compliance with the codes and ordinances which are subject to this article.

Hearing officer means the person or persons appointed by the city council to preside over code enforcement hearings acting in the same capacity as a code enforcement board. As many hearing officers may be appointed as deemed necessary by the city council, the hearing officer shall have the same status as an enforcement board pursuant to Chapter 162, Florida Statutes. The hearing officer shall be someone of judicial temperament, but not necessarily a practicing attorney. The hearing officer shall have outstanding reputations for civic pride, interest, integrity, responsibility and business or professional ability, and have significant knowledge of the city code enforcement matters and the City of Crystal River Code of Ordinances. The hearing officer shall not hear any case in which he or she has a conflict through a family relationship or a financial interest.

Repeat violation means a violation of a provision of a code or ordinance by a person who has been previously found through a code enforcement board or any other quasi-judicial or judicial process, to have violated or who has admitted violating the same provision within five (5) years prior to the violation, notwithstanding the violations occur at different locations.

(Ord. No. 15-O-07, § 3, 9-28-2015; Ord. No. 23-O-11, § 1, 1-9-2023)

The code enforcement procedure under this chapter shall be as follows:

(1)

It shall be the duty of the code inspector, or city manager, or city manager's designee, to initiate enforcement proceedings with respect to each code, code section or ordinance.

(2)

Where a code inspector finds or is made aware of a code violation, he/she shall inspect the site to confirm the alleged violation. If confirmed, the code inspector will, as a courtesy, contact the violator in person, by telephone, leave a door hanger at the property or mail a certified letter to the property owner advising them of the violation. Unless the violation is of a type or nature as that described in paragraph (5) below, the code inspector shall allow two (2) weeks for the property owner to bring any violation into compliance. A property owner may request additional time to comply. Granting additional time to comply shall be in the sole discretion of the code inspector or the city manager.

(3)

The code inspector shall perform are-inspection after the allowed time to remedy the violation. If the violation has been corrected, the case will be considered closed or shown as being in compliance. If the re-inspection finds no change, then a notice of violation shall be prepared and sent by certified mail or hand delivered, allowing time for compliance.

(4)

Should the violation continue beyond the time specified in the notice of violation for correction, the code inspector shall notify the hearing officer and request a hearing.

(5)

If the code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the hearing officer and request a hearing.

(6)

If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the hearing officer and request a hearing. Notice shall be provided in accordance with section 2-117 below. The case may be presented to the hearing officer even if the repeat violation has been corrected, the hearing officer retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay said costs as determined by the hearing officer.

(7)

If the owner of property that is subject to an enforcement proceeding before a hearing officer transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall follow procedures set out in Section 162.06, Florida Statutes.

(Ord. No. 15-O-07, § 3, 9-28-2015)

(a)

Cases on the agenda for a particular day shall be heard. All testimony shall be under oath and shall be audio recorded. The hearing officer shall take testimony from the code inspector, the violator and any other person familiar with the case or having knowledge about the case. The hearing officer shall not be bound by formal rules of evidence; however, it shall act to ensure fundamental due process in each of its hearing cases.

(b)

At the conclusion of each hearing the hearing officer shall issue findings of fact and conclusions of law, based on the evidence of record, and an order shall be issued which provides relief consistent with the powers granted herein. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by such date and under the conditions specified in Section 162.09(1), Florida Statutes, the cost of repairs may be included along with the fine if the order is not complied with by the specified date.

(Ord. No. 15-O-07, § 3, 9-28-2015)

The hearing officer, upon notification by the code inspector that an order of the hearing officer has not been complied with by the set time or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the hearing officer for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector. In addition, if the violation is a violation described in subsection 2-112(a) (5), the hearing officer shall notify the local governing body, or designee, which may make arrangements for all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the local governing body to make the further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, the hearing officer finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in subsection 2-113(b).

(Ord. No. 15-O-07, § 3, 9-28-2015)

(a)

Authority of the hearing officer: The hearing officer shall have the authority to:

(1)

Adopt rules for the conduct of hearings;

(2)

Subpoena alleged violators, witnesses and evidence to hearings. Subpoenas may be served by the Citrus County Sheriffs office or other Sheriffs of the State of Florida;

(3)

Take testimony under oath;

(4)

Issue orders having the force of law to command whatever step are necessary to bring a violation in compliance;

(5)

Find an alleged violator not guilty of the alleged violation; and

(6)

Issue administrative search warrants with the advice and consent of the city attorney and city manager.

(b)

Jurisdiction of the hearing officer:

(1)

The hearing officer shall have jurisdiction to hear cases de novo involving violations of all codes and ordinances in force in the City of Crystal River. The jurisdiction of the hearing officer shall be exclusive and original in matters pertaining to alleged violations of the Code.

(Ord. No. 15-O-07, § 3, 9-28-2015)

Appeal of the decision of the hearing officer:

An aggrieved party, including the city council, may appeal a final administrative order of the hearing officer to the Circuit Court of the Fifth Judicial Circuit In and For Citrus County, Florida. Any such appeal shall be filed as a petition for writ of certiorari within thirty (30) days of the execution of the order to be appealed.

Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the hearing officer.

The appealing party shall pay the costs for preparation of the record to be appealed, based on the city's usual charges for copies of public records.

(Ord. No. 15-O-07, § 3, 9-28-2015)

(a)

All notices required by this part shall be provided to the alleged violator by:

(1)

Certified mail, return receipt requested, provided that if such notice is sent under this paragraph to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the local government by such owner and is returned as unclaimed or refused, notice may be provided by posting as described below and by first class mail directed to the addresses furnished to the local government with a properly executed proof of mailing or affidavit confirming the first class mailing;

(2)

Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body;

(3)

Leaving the notice at the violator's usual place of residence with any person residing therein who is above fifteen (15) years of age and informing such person of the contents of the notice; or

(4)

In the case of commercial premises, leaving the notice with the manager or other person in charge.

(b)

In addition to providing notice as set forth in subsection (a), at the option of the hearing officer, notice may also be served by publication or posting, as follows:

(1)

Such notice shall be published once during each week for four (4) consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county where the code enforcement hearing is located. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes for legal and official advertisements.

(2)

Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statutes.

(c)

In lieu of publication as described above, such notice may be posted at least ten (10) days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two (2) locations, one (1) of which shall be the property upon which the violation is alleged to exist and the other of which shall be at the primary municipal government office.

(d)

Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting.

(e)

Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (a). Evidence that an attempt has been made to hand deliver or mail notice, together with proof of publication or posting as provided in subsection (b), shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice.

(Ord. No. 15-O-07, § 3, 9-28-2015)

For purposes of this article, the following definitions shall apply:

Code enforcement officer ("officer") means any designated employee or agent of the city whose duty it is to enforce codes and ordinances enacted by the city. Provided, however, nothing herein shall be construed to authorize any person designated as a code enforcement officer to perform any function or duties of a law enforcement officer other than as specified. A code enforcement officer shall not make physical arrests or take any person into custody and shall be exempt from requirements relating to the special risk class of the Florida Retirement System, bonding, and the criminal justice standards and training commission, as defined and required by general law.

Violation means a violation of any provision of the Crystal River Code of Ordinances or a Crystal River Ordinance.

(Ord. No. 15-O-07, § 3, 9-28-2015)

Note: See § 2-140 for specific violations to be enforced by citation as adopted by Ord. No. 15-O-14.

A violation of this article and/or Code is a civil infraction.

(Ord. No. 15-O-07, § 3, 9-28-2015)

Any officer is hereby empowered to issue citations to a person when, based upon personal investigation, the officer has probable cause to believe that the person has committed a violation of a duly enacted city code or ordinance.

(Ord. No. 15-O-07, § 3, 9-28-2015)

(a)

The city may enforce all city codes and/or ordinances by this article, by citation to the county court of Citrus County, except where prohibited by law or statute.

(b)

The city shall assess a penalty against anyone violating any provision of the City Code and where not specifically enumerated in the Code, penalties shall be assessed as follows:

(1)

For the first violation, fifty dollars ($50.00).

(2)

For a second violation of the same Code or Ordinance, one hundred dollars ($100.00).

(3)

For a third and each subsequent violation of the same code or ordinance, one hundred fifty dollars ($150.00).

(4)

The maximum civil penalty for any violation of this article shall not exceed five hundred dollars ($500.00) per violation.

(c)

Attorney's fees and administration costs for contested citations shall be set by the court and assessed by the court against any person found to have violated this Code.

(Ord. No. 15-O-07, § 3, 9-28-2015)

(a)

An officer is authorized to issue a citation to a person when, (1) based upon personal investigation, the officer has probable cause to believe that the person committed a civil infraction in violation of a duly enacted ordinance of the city. However, prior to issuing a citation, an officer shall provide notice, in writing, to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no less than twenty-four (24) hours and no more than thirty (30) days. If, upon personal investigation, an officer finds that the person has not corrected the violation within the time period, the officer may issue a citation to the person who has committed the violation. (2) An officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if the officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible.

(b)

An officer shall issue a citation in a form prescribed by the city and it shall contain:

(1)

The date and time of the issuance.

(2)

The name and address of the person to whom the citation is issued.

(3)

The date and time the civil infraction was committed.

(4)

The facts constituting probable cause.

(5)

The number or section of the code or ordinance violated.

(6)

The name and authority of the officer.

(7)

The procedure for the person to follow in order to pay the civil penalty or to contest the citation.

(8)

The applicable civil penalty if the person elects to contest the citation.

(9)

The applicable civil penalty if the person elects not to contest the citation.

(10)

A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citations, he shall be deemed to have waived his right to contest the citations, and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty.

(c)

After issuing a citation to an alleged violator, the officer shall deposit the original citation and one copy of the citation with the county court.

(d)

Any person who willfully refuses to sign and accept a citation issued by an officer shall be guilty of a misdemeanor of the second degree, punishable as provided in section 775.082, Florida Statutes, or section 775.083, Florida Statutes.

(e)

Any person who fails to pay the civil penalty stated on the citation within the prescribed period of time, or who fails to request a hearing within the prescribed period of time, shall be issued a notice of hearing to appear in court by the clerk of the court in and for Citrus County, Florida. Said notice of hearing shall be served upon the violator by the clerk of the county court with a copy sent to the city. If said notice of hearing is issued, both the city and the violator shall be present at the time and date specified within the notice of hearing for the purpose of answering the violation set forth within the citation.

(f)

If the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation. In such case, judgment may be entered against the person for an amount up to the maximum civil penalty.

(Ord. No. 15-O-07, § 3, 9-28-2015; Ord. No. 17-O-01, § 2, 1-9-2017)

Any person not wishing to contest the citation may pay the amount set forth in the citation as the uncontested penalty, by the date set forth in the citation. This uncontested penalty shall be less than the maximum penalty provided for in this article.

(Ord. No. 15-O-07, § 3, 9-28-2015)

(a)

The county court in and for Citrus County shall hear and consider charges of Code and ordinance violations pursuant to the issuance of citations.

(b)

Within thirty (30) days of the issuance of a citation the person so charged may file a contest to such citation with the city. Notice of the contest must be furnished by the person to the city in writing.

(c)

The contest notice shall include the name and address of the person.

(d)

The city shall deposit the citation and the written notice of contest with the clerk of the county court.

(e)

The clerk of the county court shall cause the matter to be set before the county judge on the next reasonably available date, with notices being sent by the clerk to the city and the person contesting the citation.

(f)

The county judge shall, on the appointed date and time, hold a hearing to determine if the citation was properly issued and to hear any other matters pertaining to such citation, and shall make an adjudication upon the evidence so presented, and may assess a civil penalty up to the maximum set by this article.

(g)

The minimum standards of procedure, excluding pretrial, set forth in the Florida Rules of Small Claims shall apply.

(Ord. No. 15-O-07, § 3, 9-28-2015; Ord. No. 17-O-01, § 2, 1-9-2017)

The provisions of this article are an additional and supplemental means of enforcing the City Code and ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this section shall prohibit the city from enforcing its codes or ordinances by any other means.

(Ord. No. 15-O-07, § 3, 9-28-2015)

The provisions of this article shall not apply to enforcement pursuant to Sections 553.79 and 553.80, Florida Statutes, of Building Codes adopted pursuant to Section 553.73, Florida Statutes, as they apply to construction, provided that a building permit is either not required or has been issued by the county or the city. For the purposes of this subsection, "Building Codes" means only those codes adopted pursuant to Section 553.73, Florida Statutes.

(Ord. No. 15-O-07, § 3, 9-28-2015)

An officer shall have no power to arrest, nor is the officer subject to the provisions of Sections 943.085—943.255, Florida Statutes.

(Ord. No. 15-O-07, § 3, 9-28-2015)

The following violations of this Code shall be enforced pursuant to this article using the code enforcement alternative method:

(1)

Section 3-12, consumption, possession of alcoholic beverages on streets, sidewalks, beaches, parks, etc.

(2)

Section 4-3, restraint.

(3)

Section 5-3, reckless or careless operation of vessel.

(4)

Section 5-12, bridge jumping.

(5)

Section 6-6, work commencing before permits issued.

(6)

Section 9-40, containers for garbage, wastes or other refuse.

(7)

Section 9-34, burning.

(8)

Section 9-115, unauthorized dumping.

(9)

Chapter 10, cemeteries.

(10)

Section 11-2, business tax required.

(11)

Section 12-49, registration required.

(12)

Section 12-54, charitable and religious solicitation on public highways.

(13)

Section 12-70, specific noise prohibitions.

(14)

Section 15-82, authorized use.

(15)

Section 19-61, management of grass clippings and vegetable matter.

(16)

Appendix A, chapter 4, design standards for roadside vending in commercial highway (CH) districts.

(17)

Appendix A, chapter 12, subsection 12.00.08(1), prohibitions.

(Ord. No. 15-O-14, § 3(Exh. A), 2-22-2016; Ord. No. 17-O-01, § 2, 1-9-2017; Ord. No. 19-O-16, § 3(Exh. A), 12-9-2019)

The following policies and procedures regarding the conduct of quasi-judicial hearings and the disclosure of ex parte communications shall govern all quasi-judicial hearings conducted by any board, committee, agency or commission of the city:

(1)

Definitions. For purposes of this section, the following words and phrases shall have the meanings indicated below, unless the context in which such word or phrase is used clearly indicates that another meaning is intended:

Official: Any member of the city council, the city's parks, planning and zoning commission, the city's zoning board of adjustments and appeals, the city's code enforcement board, the city's firefighters' pension trust fund board of trustees, any ad hoc committee or board created by the city council to decide any quasi-judicial matter, and any city hearing officer or special master.

Ex parte communication: Any communication, written, oral or by way of any electronic or other medium or process, to an official regarding any quasi-judicial matter which is made outside of an advertised hearing on such matter.

Quasi-judicial matter: Any matter with regard to which an individual official or a board, commission or committee of officials is required to ascertain facts based on evidence presented at an advertised hearing and draw conclusions from such facts to determine the personal or property rights of any party, including, but not limited to, re-zonings of individual parcels of land under one ownership or of multiple parcels under separate ownership totaling less than ten (10) acres in size; applications for special exceptions, variances, site plan approvals or planned development project approvals; disciplinary actions, code enforcement actions and license or permit revocation actions; voluntary annexation petitions; appeals of administrative decisions; and appeals of quasi-judicial decisions.

(2)

Access to officials; procedure for disclosure of ex parte communications.

a.

Access permitted. Any person not otherwise prohibited by statute, charter provision or ordinance may discuss with any official the merits of any quasi-judicial matter on which action may be taken by such official, or by any board, commission or committee of which the official is a member, as long as the following process is observed:

1.

The substance of any ex parte communication with an official which relates to a quasi-judicial matter pending before the official shall not be presumed prejudicial to the action taken with regard to such matter if the subject of the communication and the identity of the person, group or entity with whom the communication took place is disclosed and made a part of the record of the hearing on such matter.

2.

An official may read a written communication from any person. However, a written communication that relates to a quasi-judicial matter pending before a local public official shall not be presumed prejudicial to the action taken with regard to such matter if such written communication is made a part of the record of the hearing on such matter.

3.

An official may conduct investigations and site visits and may receive communications from experts regarding a quasi-judicial matter pending before the official. Such activities shall not be presumed prejudicial to the action taken with regard to such matter if the occurrence of the investigation, site visit or communication is made a part of the record of the hearing on such matter and the official discloses at the hearing any fact, circumstance or opinion learned through such occurrence which influences such official's vote.

b.

In order to remove any presumption of prejudice, a disclosure made pursuant to paragraphs 1, 2, and 3 of sub-subsection (2)a., above, must be made before or during the public meeting at which a vote is taken on such matters, and persons who have opinions contrary to those expressed in the ex parte communication must be given a reasonable opportunity to refute or respond to the communication.

c.

Failure of any official to comply with this section does not amount to a violation of Florida Statutes, Chapter 112, Part III, "Code of Ethics for Public Officers and Employees."

(3)

Same—land use matters. With regard to a quasi-judicial matter involving land use, a person may not be precluded from communicating directly with the decision-making official or with a member of the decision-making body by application of ex parte communication prohibitions. Disclosure of such communications by the decision-making official or by a member of the decision-making body is not required pursuant to subsection (2) of this section, and such nondisclosure shall not be presumed prejudicial to the decision of the decision-making official or body. All decisions regarding quasi-judicial matters involving land use must be supported by substantial, competent evidence in the record of the hearing on such matter, regardless of any such communications.

(Ord. No. 15-O-07, § 3, 9-28-2015)

(a)

Prior to the start of a hearing on any quasi-judicial matter, any person may file a request to intervene in such matter as a party. The request shall set forth facts sufficient to establish that such person may be adversely affected by the decision on such matter in some manner greater than the general public. The official or board, commission or committee hearing such matter shall determine, prior to the start of the hearing, whether or not such person has identified a sufficient basis to intervene as a party.

(b)

A person shall be allowed to intervene in a quasi-judicial matter if the evidence establishes that such person may be adversely affected by the decision on such matter in some manner greater than the general public.

(Ord. No. 15-O-07, § 3, 9-28-2015)

All quasi-judicial hearings shall be conducted in the following manner:

(1)

A person who appears before the official or board, commission or committee hearing such matter, who is not a city employee testifying in an official capacity, a party or a party-intervener, shall be allowed to testify, subject to control by the decision-making official or body, and may be requested to respond to questions from the decision-making body, but need not be sworn as a witness, is not required to be subject to cross-examination, and is not required to be qualified as an expert witness. The decision-making official or body shall assign weight and credibility to such testimony as deemed appropriate.

(2)

Any city employee testifying in an official capacity, any party and any party-intervener in a quasi-judicial matter shall be sworn as a witness; shall, upon request by any party or party-intervener, be subject to cross-examination by other parties or party-interveners; and may be qualified as an expert witness, if appropriate.

(3)

Any other witness may also be qualified by the decision-making official or body as an expert witness if requested by the party calling such witness. Qualification as an expert witness shall be based on demonstrated education or experience of the witness. Any city employee testifying may be qualified as an expert witness based on a written statement of such employee's education and experience placed in the file and record of such matter.

(Ord. No. 15-O-07, § 3, 9-28-2015)

Before entering upon the duties of his office, each officer shall take the following oath:

"I do solemnly swear (or affirm) that I will well and truly perform the duties of the office for which I am elected according to the laws of the State of Florida, and the City of Crystal River, so help me God."

Such oath or affirmation shall be made before some officer qualified to administer oaths.

(Ord. No. 15-O-07, § 3, 9-28-2015)

Editor's note— At the direction of the city, §§ 2-83 and 2-84 have been deleted as said sections were superseded by provisions contained in the Charter passed at election on Dec. 12, 1984. Sections 2-83 and 2-84 pertained to the executive officers of the city and the term of office of department heads, respectively, and were derived from Code 1964, § 2-3 and § 2-4.

It is hereby declared to be the policy and purpose of the city to extend, effective as of January 1, 1955, to the employees and officials thereof, not excluded by law, nor excepted herein, the benefits of the system of Old Age and Survivors Insurance as authorized by the Federal Social Security Act and amendments thereto, and by Chapter 650, Florida Statutes, as amended; and to cover by such plan all services which constitute employment as defined in Section 650.02, Florida Statutes, performed in the employ of the city by employees and officials thereof.

(Ord. No. 15-O-07, § 3, 9-28-2015)

There is hereby excluded from this division any authority to include in any agreement entered into under section 2-93 hereof any service, position, employee, or official now covered by or eligible to be covered by an existing retirement system.

(Ord. No. 15-O-07, § 3, 9-28-2015)

The mayor is hereby authorized and directed to execute all necessary agreements and amendments thereto with the state agency for the purpose of extending the benefits provided by said system of Old Age and Survivors Insurance to the employees and officials of this city, as provided in sections 2-91 and 2-92, which agreement shall provide for such methods of administration of the plan by the city as are found by the state agency to be necessary and proper, and shall be effective with respect to services in employment covered by such agreement performed on and after the first day of January, 1955.

(Ord. No. 15-O-07, § 3, 9-28-2015)

Withholdings from salaries, wages, or other compensation of employees and officials for the purpose provided in section 2-91 are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall be paid over to the state agency designated by such laws or regulations to receive such amounts.

(Ord. No. 15-O-07, § 3, 9-28-2015)

There shall be appropriated from available funds, derived from ad valorem taxes in the general fund of the city such amounts, at such times, as may be required to pay promptly the contributions and assessments required of the city as employer by applicable state or federal laws or regulations, which shall be paid over to the lawfully designated state agency at the times and in the manner provided by law and regulation.

(Ord. No. 15-O-07, § 3, 9-28-2015)

The city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations, and shall adhere to the regulations of the state agency.

(Ord. No. 15-O-07, § 3, 9-28-2015)

The city does hereby adopt the terms, conditions, requirements, reservations, benefits, privileges, and other conditions thereunto appertaining, of Title II of the Social Security Act, as amended, for and on behalf of all officers and employees of its departments and agencies to be covered under the agreement.

(Ord. No. 15-O-07, § 3, 9-28-2015)

The city manager is hereby designated the custodian of all sums withheld from the compensation of officers and employees and of the appropriated funds for the contribution of the city, and the city manager is hereby made the withholding and reporting agent and charged with the duty of maintaining personnel records for the purposes of this division.

(Ord. No. 15-O-07, § 3, 9-28-2015)

It is hereby declared to be the policy and purpose of the City of Crystal River, Florida, that all officers and employees, except those excluded by law shall participate in the Florida Retirement System as authorized by F.S. ch. 121.

All officers and employees shall be compulsory members of the Florida Retirement System as of the effective date of participation in the Florida Retirement System so stated herein.

(Ord. No. 15-O-07, § 3, 9-28-2015)

There shall be appropriated from available funds, derived from the general fund of the City of Crystal River such amounts and at such times as may be required to pay promptly the contributions and assessments required of the City of Crystal River, which shall be paid over to the lawfully designated administrator of the Florida Retirement System at the times and in the manner provided by laws and regulations.

(Ord. No. 15-O-07, § 3, 9-28-2015)

The City of Crystal River, Florida, shall keep such records and make such reports as may be required by applicable state laws or regulations, and shall adhere to all laws and regulations relating to the Florida Retirement System.

(Ord. No. 15-O-07, § 3, 9-28-2015)

The City of Crystal River, Florida, does hereby adopt the terms, conditions, requirements, reservations, benefits, privileges, and other conditions thereunto appertaining, of the Florida Retirement System, for and on behalf of all officers and employees of its departments and agencies to be covered under the agreement.

(Ord. No. 15-O-07, § 3, 9-28-2015)

The city manager of the City of Crystal River, Florida, is hereby designated the custodian of all sums withheld from the compensation of officers and employees as authorized herein and of the appropriated funds for the employer's contributions as provided in section 2-105 hereof. Also, the city manager is hereby designated the withholding and reporting agent and charged with the duty of maintaining records for the purposes of this division.

(Ord. No. 15-O-07, § 3, 9-28-2015)