(A)

Establishment and membership. Each member of the city commission shall nominate one (1) member of the board of adjustment. An alternate member shall be appointed by majority vote of the city commission. All appointments shall be subject to approval of the city commission by resolution. Vacancies in the board of adjustment shall be filled in the same manner. New appointees shall serve for a period of two (2) years from the date of appointment; an appointee to fill a vacancy arising during the term of a member shall serve for the duration of said term and until a successor is appointed. Each member of the board of adjustment shall be a resident and qualified elector of the City of Oakland Park. Any member of said board may be removed for cause by the affirmative vote of the city commission. Said board, from its membership, shall elect a chairman, vice-chairman and secretary. The alternate member is to be paid at the same rate as regular members for all meetings attended as an official delegate. Attendance policy for members of this board is governed by section 2-72 of this Code of Ordinances.

(B)

Duties of the board of adjustment. The board of adjustment shall have the following duties:

(1)

To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of zoning regulations, and to act upon such ruling upon misinterpretation of facts or misinterpretation of law.

(2)

Accept applications, hear and determine appeals requesting variances from the terms of this chapter and, subject to appropriate conditions and safeguards where such variance will not be contrary to the public interest or the general purposes sought to be accomplished by the regulations, and where, owing to special conditions, a literal and exact enforcement of the provisions of this chapter will result in unnecessary hardship in the use of the property involved.

(C)

Basis for a variance. The board of adjustment shall approve a variance only after the applicant has demonstrated justification for the granting of a variance in conformance with the following criteria:

(1)

That special conditions and circumstances exist affecting the land, structure or building involved preventing the reasonable use of said land, structure or building.

(2)

That the circumstances which cause the hardship are peculiar to the property, or to such a small number of properties that they clearly constitute marked exceptions to other properties in the district.

(3)

That the literal interpretation of the provisions of this chapter would deprive the applicant of a substantial property right that is enjoyed by other property owners in the district. (It is of no importance whatever that the denial of the variance might deny to the property owner some opportunity to use the property in a more profitable way, or to sell it at a greater profit than is possible under the terms of this chapter).

(4)

That the hardship is not self-created or the result of mere disregard for, or ignorance of, the provisions of this chapter.

(5)

That the variance is the minimum variance that will make possible the reasonable use of the property, and that the variance will be in harmony with the general purposes and intent of this chapter and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(6)

That granting the variance requested will not be detrimental to adjacent property or adversely affect the public welfare. No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of land, structures or buildings in other districts shall be grounds for the issuance of a variance.

(7)

Under no circumstances shall the board of adjustment recommend a variance to permit use not generally permitted in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.

(D)

Meetings of the board of adjustment. The board shall meet at such times as may be provided by ordinance, rules of the city commission or at the call of the chairman. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.

(E)

Records.

(1)

The board shall keep minutes of its proceedings showing the vote of each member upon each question submitted to it, or, if a member is absent or fails to vote, such fact shall appear upon its minutes.

(2)

Records shall be kept of its examinations and other official actions and shall become a public record.

(3)

In recommending any variance, the board shall record in its minutes the circumstances and conditions constituting the hardship or practical difficulty upon which the variance is based.

(4)

Copies of its minutes shall be immediately filed with the city clerk and shall become a public record.

(F)

Quorum. A quorum of this board shall be three (3) members.

(G)

Application for appeal.

(1)

Who may appeal: Appeals to the board of adjustment may be taken by any person aggrieved or by a member of the governing body. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a written notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(2)

Where to file application: Application shall be filed with the code enforcement officer's office, on forms prepared by that office.

(3)

Filing fees:

(a)

Fees are specified in the Land Development Fee Schedule.

(b)

The City Commission of the City of Oakland Park shall have the right to waive said fee at its discretion.

(4)

An appeal to the board of adjustment shall stay all proceedings in furtherance of the action appealed from, unless the official from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed that, by reason of facts stated in the certificate, a stay would, in the opinion of the official, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order by a court of record on application or notice to the official from whom the appeal is taken and on due cause shown.

(H)

Action of board of adjustment.

(1)

Date of hearing: The board of adjustment shall fix a reasonable time for the hearing of the appeal.

(2)

Notification:

(a)

The board of adjustment shall give public notice, as well as due notice, to the parties in interest.

(b)

Any application for appeal requesting any variances from the term of this chapter as considered by the board of adjustment shall, at least ten (10) days prior to the hearing by the board of adjustment, be noticed once in a newspaper of general circulation in the City of Oakland Park. The notice of proposed hearing shall state the date, time, place of the meeting and the subject of the action under consideration. Notice shall also advise that interested parties may appear at the meeting and be heard with respect to the application for special exception or variance.

(c)

An applicant to the board of adjustment seeking a variance shall have posted on the subject property a sign, provided by the city and placed by the owner/applicant, notifying the public of the time, date and place of the public hearing and the nature of the variance being requested. The sign shall be posted at least ten (10) days prior to the public hearing and shall be located to be visible from adjacent streets. For properties with frontage on more than one (1) street one (1) sign shall be placed on each street front. The sign(s) shall remain on the subject property until final disposition of the application by the board of adjustment. All signs shall be removed from the property by the owner/applicant within three (3) days of the final disposition of the application by the board of adjustment. For variance requests that continue on to the city commission the sign(s) shall be replaced by the owner/applicant at least ten (10) days prior to the city commission meeting and removed from the property by the owner/applicant within five (5) days of the final disposition of the request by the city commission. During the process the applicant shall:

1.

Provide a notarized affidavit that indicates that the owner/applicant has placed the sign(s) on the property at least ten (10) days before each scheduled public hearing. It shall state the location on the property where the sign(s) were posted and the time and date when the sign(s) were posted.

2.

Provide a notarized affidavit immediately prior to each required public hearing that indicates the sign(s) are still on the property and that it does not appear that they have been disturbed since the time they were posted.

3.

Failure to submit the affidavit shall prohibit consideration of the application by anyone in the city.

4.

Subsequent to the final public hearing, the applicant or property owner shall return the sign(s) to the engineering and community development department.

5.

The sign(s) shall be placed on the property in the most visible location available in such a manner that landscaping or other obstructions do not impair the visibility of the sign(s) from the street. Signs shall not be attached to lightpoles, fences or trees and shall be installed independently of other structures except when attached to buildings, solid wood fences or masonry walls.

6.

Minimum installation height shall be four (4) feet from the height of the adjacent sidewalk to the bottom of the sign or if no sidewalks exists from the crown of the adjacent roadway.

(3)

Decision of board:

(a)

Board approval: The concurring vote of three (3) members of the board shall be necessary to recommend approval of any decision an administrative official or variance to the provisions of this chapter.

(b)

Board denial: Any appeal considered by the board and receiving less than three (3) affirmative votes is automatically denied. In those cases where the board vote is denial of an application, the action of the board of adjustment shall be final, unless the applicant files notice with the city manager and requests a hearing before the city commission within thirty (30) days of the rendition of decision by the board.

(4)

City commission review:

(a)

Notice: Following the board of adjustment's recommendation for approval, the city commission shall require notice of hearing at least ten (10) days prior to the consideration by the city commission. Notice shall be published once in a newspaper of general circulation in the City of Oakland Park. The notice of proposed hearing shall state the date, time and place of the city commission meeting where the city commission will consider the recommendation of the board of adjustment. Notice shall also advise that interested parties may appear at the meeting and be heard with respect to the variance under consideration by the city commission.

(b)

Time duration of approval: Where the board has recommended to the city commission the approval of a variance and the city commission has by a majority vote granted the variance, such approval shall become null and void, unless any and all building permits required by the city are issued within one (1) year of the date of such action by the city commission.

(I)

Appeals to circuit court.

(1)

Any person or persons, jointly or severally aggrieved by a decision of the city commission, may present to the Circuit Court of Broward County an action for declaratory decree or equitable relief, a complaint or petition duly verified in the manner provided by law and setting forth that such decision is illegal, in whole or in part, specifying the grounds of the legality, providing the same is filed within thirty (30) days after such decision.

(2)

Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.

(3)

A violation of this chapter is declared to be a misdemeanor.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-95-19, § 2, 12-20-95; Ord. No. O-1999-003, § 2, 4-7-99; Ord. No. O-2005-002, § 2, 1-5-05; Ord. No. O-2006-004, § 2, 4-5-06; Ord. No. O-2007-003, § 2, 2-7-07; Ord. No. O-2009-015, § 2, 7-15-09)

(A)

Establishment and membership. The city planning and zoning board is hereby created and established, consisting of five (5) members, an alternate and a non-voting ex-officio representative of the Broward County School Board. Said alternate shall have no voice and no vote until he or she is called by the clerk to replace an absent regular member. Each member of the planning and zoning board, except the non-voting ex-officio representative from the Broward County School Board staff, shall be a resident and qualified elector of the City of Oakland Park. Any member of said board may be removed for cause by the affirmative vote of the city commission. Said members shall be appointed by resolution of the city commission, and each shall serve at the pleasure of the commission. New appointees shall serve for a period of one (1) year from date of appointment. Attendance policy for members of this board is governed by section 2-72 of this Code of Ordinances. Such board shall elect a chairman, vice chairman and secretary from its members. The alternate member is to be paid the same rate as regular members for all meetings attended as an official delegate. The mayor, chief building official, city attorney and other city officials are considered as advisors to the planning and zoning board and may be called on from time to time to meet with said board. The school board pursuant to F.S. § 163.3174, as amended from time to time, shall appoint a school district staff member to be its non-voting ex-officio representative on the city's planning and zoning board.

(B)

Duties and powers of board. The duties of the planning and zoning board shall be:

(1)

To act in an advisory capacity to the city commission.

(2)

To conduct investigations and hold public hearings upon all proposals to change zoning regulations of the city, or to vacate and abandon streets, alleys, right-of-way and public utility easements, and to report its findings and recommendations upon any such proposals to the city commission.

(3)

To study review and recommend to city commission relative to the comprehensive plan in conformance with F.S. Ch. 163.

(4)

At least once each year it shall submit to the city commission any necessary recommendations for amendments to the comprehensive plan.

(5)

To investigate and recommend approval or disapproval of all new plats to the city commission.

(6)

To perform such other duties as may from time to time be assigned to such board by the city commission, or prescribed by ordinance or statute.

(7)

The zoning board shall be guided by F.S. Ch. 176, as to procedure to be followed and by the provisions of the zoning aspects of this chapter.

(8)

The zoning board shall report to the city commission its recommendations at the meeting next following its hearings and shall present in writing to the city commission the recommendations as to any proposed changes in the city zoning map and its reasons therefore.

(C)

Meetings of the board.

(1)

Regular meetings of the board shall be held as necessary at times specified. All meetings of the board shall be public meetings.

(2)

Minutes of all meetings of the board shall be kept and preserved and shall be public records.

(3)

A quorum of this board shall be three (3) members, an affirmative vote of at least three (3) members shall be required for a decision on any matter before the board.

(D)

Application for hearing before the board and/or city commission.

(1)

Who may file:

(a)

The owner of a tract of land may make application to the city for a zoning map change provided that no previous application for the rezoning of the tract of land has been denied or granted by the planning and zoning board or city commission within six (6) months prior to the filing of the application.

(b)

The owner of a tract of land may make application to the city for approval of changes to the text of this chapter, an approved master development plan, for approval of a site plan or for changes thereto, for approval of a conditional use for use approval of a restaurant bar, or hotel or motel bar, reserve units or flexibility acres, voluntary annexation in accordance with F.S. § 171.044, or approval of a use not covered by the master business list in article III of this chapter.

(c)

Developers, as defined in Article XIV of this chapter may make application to the city for approval of subdivision and abandonment activities covered therein.

(d)

Such applications shall be signed by the owner of the tract of land or by a person duly authorized by such owner to sign the application. The authority authorizing a person other than the owner to sign such application must be attached to and accompany the application. Any application filed by an equitable owner must be signed or consented to by the legal title holder of the tract of land.

(e)

An individual or group may make application to the city proposing an amendment to the Oakland Park Comprehensive Plan or element or portion thereof or to amend the Broward County Land Use Plan in accordance with the "Plan Amendment Requirements and Procedures" and "Administrative Rules Document: Broward County Land Use Plan" as adopted by the Broward County Planning Commission.

(f)

The planning and zoning board, city commission, or city manager may make application proposing to adopt or amend the Oakland Park Comprehensive Plan or element or portion thereof, amend the Broward County Land Use Plan, amend the text of this chapter, or for consideration of rezoning a tract of land, or to abandon all or a portion of a public street, alley or public place.

(2)

Where to file application: Application shall be filed at the city planning department. Application forms, furnished by the applicable department, shall contain or have attached thereto all pertinent information required by the planning and zoning board and city commission.

(3)

Filing fee:

(a)

Fees are specified in the Land Development Fee Schedule.

(b)

No filing fee shall be charged for an application filed by the City of Oakland Park.

(4)

Withdrawal of application:

(a)

An applicant may withdraw an application at any time prior to a vote on a motion before the city commission to approve or deny the application, in whole or in part.

(b)

If two (2) applications including the same tract of land are withdrawn within one (1) year, no other application including the tract of land shall be considered within six (6) months from the withdrawal of the second application.

(c)

A reapplication fee shall be established by Resolution adopted by the city commission.

(d)

Applications may be deemed inactive pursuant to section 24-164(G).

(5)

Agenda: Upon determination of completeness by the planning department, applications shall be advertised or otherwise placed on the first regular or special meeting of the board or city commission as may be practicable.

(6)

Notification: Prior to a public hearing on an application, all affected property owners shall be notified as follows:

(a)

The notification procedures of F.S. Ch. 166, § 166.041(3)(c)1, 2a. and 2b., or any other applicable requirements of Florida Statutes, and any provisions of the Oakland Park Charter which may be more restrictive, shall apply to an application initiated by the City of Oakland Park or its designee, as provided in subsection 24-233(D)(1)(f) of this article, which proposes to rezone specific parcels of private real property or to substantially change permitted use categories in zoning districts. In such cases, notification shall be given in accordance with the applicable provisions of F.S. Ch. 166, and subsections (e), (f) and (g) below.

1.

In cases involving less than ten (10) contiguous acres proposing to rezone specific parcels of private real property and for which notification is required by F.S. § 166.041(3)(c), surrounding property owners shall also be notified in accordance with the provisions of subsections (e), (f) and (g) below. The same procedures for advertising and notification shall be followed by the planning and zoning board prior to public hearings before the planning and zoning board.

2.

In cases involving ten (10) contiguous acres or more, the requirements of F.S. § 166.041(3)(c)2.a. and 2.b., shall be utilized. In such cases, a two-inch by three-inch display advertisement must appear at least seven (7) days prior to the scheduled public hearing of the planning and zoning board.

(b)

The notification requirements of F.S. Ch. 163, §§ 163.3184 and 163.3187, and any provisions of the Oakland Park Charter which may be more restrictive, shall apply to an application proposing to adopt or amend the Oakland Park Comprehensive Plan, or element or portion thereof, or to amend the Broward County Land Use Plan. In cases in which a proposed amendment to the land use element or portion thereof involves less than five (5) percent of the total land area of the city, notification by mail shall be provided in accordance with the provisions of F.S. Ch. 163, and subsections (e) and (f) below, and notification in the newspaper shall be provided if so required by any applicable Oakland Park Charter provisions.

(c)

The notification requirements of F.S. Ch. 171, § 171.044, shall apply to an application proposing to voluntarily annex land to the city.

(d)

For all other applications for which a public hearing is required, the notice of hearing shall be published in the official newspaper or a newspaper of general circulation in the municipality if so required by the Oakland Park Charter.

(e)

For all other applications for which a public hearing is required, the owners of all lands included in the application and the owners of all lands within seven hundred fifty (750) feet of such lands shall be notified by mail of the proposal contained in the application and of the meeting at which such proposal will be scheduled for public review and discussion. When the subject property is developed or proposed to be developed with a single-family home or duplex structure the advertisement radius shall be three hundred (300) feet according to the methods described in this section.

(f)

For the purpose of giving notice by mail, the owners shall be deemed to be the persons shown upon the tax records maintained by the Broward County Property Appraiser for the City of Oakland Park as having interest in or relation to the particular property involved.

(g)

Unless otherwise provided above, such notice shall be mailed to the address shown upon the aforesaid tax records at least ten (10) days before the date of such hearings and shall describe the substance of the proposal with sufficient clarity for the reading public to comprehend the changes sought.

(h)

An applicant to the planning and zoning board for a rezoning, conditional use approval, use approval for a restaurant bar, or hotel or motel bar, or unlisted use approval shall have posted on the subject property a sign, provided by the city and placed by the owner/applicant notifying the public of the time, date, and place of the public hearing and the nature of the request. The sign shall be posted at least ten (10) days prior to the public hearing and shall be located to be visible from adjacent streets. For properties with frontage on more than one (1) street, one (1) sign shall be placed on each street front. The sign(s) shall remain on the subject property until final disposition of the application by the planning and zoning board. All signs shall be removed from the property by the owner/applicant within four (4) days of the final disposition of the application by the planning and zoning board. The sign(s) shall be replaced by the owner/applicant at least ten (10) days prior to the city commission meeting at which the request will be considered and removed from the property by the owner/applicant within five (5) days of the final disposition of the request by the city commission. During the process the applicant shall:

1.

Provide a notarized affidavit that indicates that the owner/applicant has placed the sign(s) on the property at least ten (10) days before each scheduled public hearing. It shall state the location on the property where the sign(s) were posted and the time and date when the sign(s) were posted.

2.

Provide a notarized affidavit immediately prior to each required public hearing that indicates the sign(s) are still on the property and that it does not appear that they have been disturbed since the time they were posted.

3.

Failure to submit the affidavit shall prohibit consideration of the application by anyone in the city.

4.

Subsequent to the final public hearing, the applicant or property owner shall return the sign(s) to the engineering and community development department.

5.

The sign(s) shall be placed on the property in the most visible location available in such a manner that landscaping or other obstructions do not impair the visibility of the sign(s) from the street. Signs shall not be attached to lightpoles, fences or trees and shall be installed independently of other structures except when attached to buildings, solid wood fences or masonry walls.

6.

Minimum installation height shall be four (4) feet from the height of the adjacent sidewalk to the bottom of the sign or if no sidewalks exists from the crown of the adjacent roadway.

(E)

Action of planning and zoning board.

(1)

Types of cases: Public hearings before the board shall be held in the following instances:

(a)

Rezoning: Application to zone or rezone specific parcels of real property, grant reserve units, and approve a conditional use listed in the master business list contained in section 24-41.

(b)

PUD: Approval of a master development plan, including site plan, required for a planned unit development as specified in article IV or major changes thereto; approval of a site development plan required for a planned commerce center as specified in article IV or major changes thereto.

(c)

Abandonments: Application to vacate or abandon all or a portion of any dedicated street, alley right-of-way or public utility easement.

(d)

Text changes: Changes to the text of this chapter.

(e)

Comprehensive plan amendment: Application to adopt or amend the Oakland Park Comprehensive Plan or portions thereof, and to amend the Broward County Land Use Plan.

(f)

Other subjects: Public hearings before the board may be required by the city manager relative to other subjects.

(2)

Continuation: Public hearings before the board may be continued to a time certain and without providing additional notification as specified in this article if deemed necessary to obtain relevant information.

(3)

Recommendation: After the review or public hearing on the application is concluded at one (1) or more meetings, the board shall make a recommendation to the city commission that the application be granted or denied either in whole or in part. With respect to a rezoning application, however:

(a)

The board may recommend a more restrictive zoning district than shown on the application and agenda.

(b)

The board shall not consider a less restrictive zoning district unless the request is continued to the next regular or special meeting of the board and all property owners renotified.

(F)

Action of the city commission.

(1)

Public hearings before the city commission. Public hearings before the city commission shall be held in the following instances:

(a)

All instances specified in (E)(1) above.

(b)

Application to vacate or abandon all or a portion of any dedicated public place, including utility easement.

(c)

Application for voluntary annexation by the City of Oakland Park.

(2)

The city commission shall not hold its public hearings or take action until it has received the final report of the planning and zoning board, if applicable, or sixty (60) days have elapsed since the board's decision, and given notification as otherwise provided under this article, if applicable.

(3)

In property owner-initiated cases, if the board recommends approval of an application, the city manager shall place the recommendation on the agenda of the city commission for review or a public hearing at a regular or special meeting of the city commission, and give such notices as are otherwise provided under this article.

(4)

In property owner-initiated cases, if the board recommends denial of an application, the action of the planning and zoning board shall be final unless the applicant files notice with the city manager of a request for a hearing before the city commission within thirty (30) days of the rendition of decision by the board.

(a)

In that event, the city manager will place it on the agenda for the next regular or special city commission meeting and give notice as otherwise provided in this article.

(b)

The city commission may of its own motion direct the city manager to place on the agenda at the next regular or special meeting the consideration of an application that has been denied by the city planning and zoning board.

(5)

After the review or public hearing, the city commission may take action to approve or deny the application either in whole or in part in accordance with the provisions of F.S. § 166.041, except as may otherwise be provided therein, and any provisions of the Oakland Park Charter which may be more restrictive. In addition, the city commission may approve the application with conditions if such is permitted by other provisions of this chapter or otherwise permitted by law.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-95-19, § 3, 12-20-95; Ord. No. O-96-17, §§ 5, 6, 10-16-96; Ord. No. O-1999-003, § 3, 4-7-99; Ord. No. O-2005-003, § 2, 1-5-05; Ord. No. O-2005-014, § 2, 2-16-05; Ord. No. O-2006-004, § 2, 4-5-06; Ord. No. O-2009-015, § 3, 7-15-09; Ord. No. O-2016-007, § 5, 7-20-16; Ord. No. O-2019-024, § 2, 10-16-19)

(A)

Declaration of intent.

(1)

It is the intent of this article to promote, protect and improve the health, safety and welfare of the citizens and residents of the City of Oakland Park by authorizing the creation of an administrative board and the use of special masters, each having the 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 of Oakland Park where a pending or repeated violation continues to exist.

(2)

The City of Oakland Park by this section hereby adopts an alternative code enforcement system which shall provide the Oakland Park Code Enforcement Board or special masters hereinafter described and designated by the city commission of the City of Oakland Park, the authority to hold hearings and assess fines against violators of the City of Oakland Park codes and ordinances.

(B)

Applicability; jurisdiction. The code enforcement board shall have the jurisdiction to hear and decide cases in which violations are alleged of any provision of the following chapters of the City of Oakland Park Code of Ordinances as they exist or may hereinafter be amended by ordinance and which are contained within the expressed intent as hereinabove set out except those violations for which civil citations are issued pursuant to section 24-234(P): Chapter 4, Animals and Fowl; Chapter 5, Building and General Building Regulations; Chapter 6, Fire Prevention and Protection; Chapter 6½, Health and Sanitation; Chapter 7, Licenses and Business Regulations, Chapter 8, Miscellaneous Offenses and Provisions; Chapter 13, Solid Waste, Chapter 14, Seawalls; Chapter 15, Sewers, Sewage and Drainage Disposal; Chapter 17, Solicitors and Peddlers; Chapter 22, Water; Chapter 23, Wrecked, Junked and Abandoned Vehicles; and Chapter 24, Land Development Code, Executive Orders issued by the Governor of State of Florida and Emergency Orders issued by Broward County. Any alleged violations of the aforesaid codes and ordinances may also be enforced by a special master or in any court of competent jurisdiction.

(C)

Definitions.

(1)

Code inspector shall mean any authorized agent or employee of the City of Oakland Park whose duty it is to ensure code compliance.

(2)

Probable cause shall mean that a reasonable belief exists that a code provision has been violated and that the violator committed, or is the person responsible for maintaining, the violation.

(3)

Repeat violation shall mean a violation of a provision of a code or ordinance by a person whom the code enforcement board has previously found to have violated the same provision within five (5) years prior to the violation.

(4)

Written notice shall mean personal service of a written notice upon a person required to be notified for an alleged code violation, or the mailing of such a notice to such person by certified mail, return receipt requested, or the posting of a written notice at the site of the violation; provided, however, that posting shall not be utilized unless both personal service and mailing have proven ineffective.

(D)

Enforcement board organization.

(1)

The city commission shall appoint a seven-member code enforcement board and legal counsel for the enforcement board, as required by F.S. § 162.05, as amended. Members of the enforcement board shall be residents of the City of Oakland Park. Appointments shall be made in accordance with the City Charter, and applicable law and ordinances, on the basis of experience or interest in the subject matter jurisdiction of the code enforcement board.

(2)

The initial appointments to the enforcement board shall be as follows:

(a)

Two (2) members appointed for a term of one (1) year.

(b)

Three (3) members appointed for a term of two (2) years.

(c)

Two (2) members appointed for a term of three (3) years.

(3)

The appointments and membership of the existing code enforcement board membership shall continue in accordance with the allocated terms of office by previously adopted resolutions and ordinances of the city commission of the City of Oakland Park. Thereafter, any appointments shall be made for a term of three (3) years.

(4)

The members of the enforcement board shall elect a chairman from among its members. The presence of four (4) or more members shall constitute a quorum of the enforcement board.

(5)

Members shall serve without compensation, but may be reimbursed for such travel, mileage and per diem expenses as may be authorized by the city commission or as otherwise provided by law.

(6)

The local governing body attorney shall either be counsel to the code enforcement board or shall represent the City of Oakland Park by presenting cases before the board, but in no case shall the local governing body attorney serve in both capacities.

(7)

Attendance policy for members of this board is governed by section 2-72 of this Code of Ordinances.

(E)

Special masters.

(1)

Special masters shall have all the duties and responsibilities set forth in this section and in F.S. Ch. 162, as amended from time to time, and shall carry out the same functions and procedures as the code enforcement board.

(2)

Special masters shall be retained by and serve at the pleasure and will of the city commission.

(3)

The community development department shall set a time and a date for a hearing and notify the alleged violator and the code enforcement prosecutor. All violators shall be given seven (7) working days written notification of the proposed hearing. The conduct of the hearing before the special master shall be consistent with F.S. § ch. 162, as amended from time to time.

(a)

Hearsay evidence may be accepted at the hearing before the special master for the purpose of supplementing or explaining any direct evidence; that such hearsay evidence shall not, in and of itself, be considered sufficient to support a finding or decision unless the evidence would be admissible over objections and civil action.

(b)

The alleged violator shall have the right to be represented by an attorney, however; the alleged violator or their attorney shall provide the city with written notice that an attorney is representing the alleged violator's interest at least five (5) working days prior to the scheduled date of the hearing.

(c)

All testimony before the special master shall be under oath and shall be recorded. The alleged violator or the city may cause proceedings to be recorded by a certified court reporter or other certified recording instrument; however; the city shall be under no obligation to provide a certified court reporter or other certified recording instrument, but rather, the city may use the recording device of its own choice to satisfy its obligation to record the meeting.

(d)

The burden of proof shall be with the code inspector to show by the greater weight of the evidence that a code violation exists and that the alleged violator committed or is responsible for maintaining the violation.

(e)

If written notice has been provided to any alleged violator of the hearing, hearing may be conducted and order rendered in the absence of the violator.

(f)

The special master may at his or her own discretion postpone or continue a hearing.

(g)

All orders entered by the special master shall be done so in accordance with F.S. ch.

(h)

Any orders and liens imposed by the special master may provide that the city shall have the right to foreclose that lien in the event it remains unpaid. All enforcement proceedings and/or foreclosures shall be conducted in a manner provided by state law for the foreclosure of mortgages on real property or, in the alternative, foreclosure proceedings may be instituted and prosecuted on the provisions of F.S. ch. 173, as currently enacted or as amended from time to time, or payment thereof enforced as otherwise authorized by law.

(i)

Upon full payment of any lien, the special master shall be authorized to execute and deliver, a full satisfaction of lien to the violator, or his or her representative for recording the public records of Broward County, Florida.

(F)

Rules and Regulations. The board may adopt such rules and regulations as are not inconsistent with the provisions of this chapter or the Florida law known as the "Municipal Code Enforcement Boards Act," which rules and regulations the board finds necessary to carry out the provisions of this chapter, subject to approval by the city commission.

(G)

Enforcement procedures.

(1)

Except as provided herein, if a violation of the Code of Ordinances is found, the code inspector shall notify the violator and give him a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify the code enforcement board through the community development department, and request a hearing.

The community development department shall schedule a hearing and written notice of such hearing shall be hand delivered or mailed as provided by F.S. Ch. 162, to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in F.S. § 162.12, as amended. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the code enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state.

(2)

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 code enforcement board and request a hearing. The community development department shall schedule a hearing and shall provide notice pursuant to F.S. § 162.12, as amended. The case may be presented to the code enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state.

(3)

If the code inspector has reason to believe that a 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 code enforcement board and request a hearing.

(H)

Conduct of hearing.

(1)

The chairman of the code enforcement board or the community development department may call hearings of the code enforcement board; hearings may also be called by written notice signed by at least three (3) members of the code enforcement board. At any hearing the code enforcement board may set a future hearing date. The code enforcement board shall attempt to convene no less frequently than once every two (2) months, but may meet more or less often as the demand necessitates. Minutes shall be kept of all hearings by the code enforcement board, and all hearings and proceedings shall be open to the public. The community development department shall provide both clerical and administrative personnel as may be reasonably required by the code enforcement board for the proper performance of its duties.

(2)

Each case before the code enforcement board shall be presented by the local governing body attorney or by a member of the administrative staff of the City of Oakland Park.

(3)

The code enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The code enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern said proceedings.

(4)

At the conclusion of the hearing, the code enforcement board shall issue findings of fact, based on evidence of record, and conclusions of law and shall issue an order affording the proper relief consistent with powers granted herein. The findings shall be by motion approved by a majority of those present and voting, except that at least four (4) members of the code enforcement board must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine be imposed if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this sub-section and the order is complied with by the date specified in the order, the code enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

(I)

Powers of the code enforcement board. The code enforcement board shall have the power to:

(1)

Adopt rules for the conduct of its hearings.

(2)

Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the sheriff of the county or police department of the City of Oakland Park.

(3)

Subpoena evidence.

(4)

Take testimony under oath.

(5)

Issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance.

(J)

Administrative fines; liens.

(1)

The code enforcement board, upon notification by a code inspector that an order of the code enforcement board 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, or as provided for pursuant to the terms set forth in any Emergency Order issued by Broward County, for each day the violation continues past the day set by the code enforcement board for compliance, or in the case of a repeat violation for each day the repeat violation continues past the date of notice to the violator of the repeat violation. If a finding of a violation or a repeat violation has been made as provided herein, a hearing shall not be necessary for issuance of the order imposing a fine. Fines imposed pursuant to this section shall not exceed two hundred fifty dollars ($250.00) per day for a first violation and shall not exceed five hundred dollars ($500.00) per day for a repeat violation.

(2)

In determining the amount of the fine, if any, the code enforcement board shall consider the following factors:

(a)

The gravity of the violation;

(b)

Any actions taken by the violator to correct the violations; and

(c)

Any previous violations committed by the violator.

(3)

The code enforcement board may reduce a fine imposed pursuant to this section.

(4)

A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the Circuit Court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed a court judgment except for enforcement purposes. A fine imposed pursuant to this section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on the lien filed pursuant to this section, whichever occurs first. After three (3) months from the filing of any such lien which remains unpaid, the code enforcement board may authorize through the city commission, the city attorney to foreclose on a lien. No lien created pursuant to the provisions of the section may be foreclosed on real property which is a homestead under section 4, article 10 of the State of Florida Constitution.

(K)

Duration of lien. No lien provided under the local government code enforcement board's act shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.

(L)

Appeals. An aggrieved party including the city commission may appeal a final administrative order of the [Code] enforcement board to the Circuit Court. An appeal shall be filed 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 code enforcement board.

(M)

Notices.

(1)

All notices required by this chapter shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the city commission; or by 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 persons of the contents of the notice.

(2)

In addition to providing notice as set forth in subsection (1), at the option of the code enforcement board, notice may also be served by publication or posting, as follows:

(a)

Such notice shall be published once during each week for four (4) consecutive weeks (four (4) publications being sufficient) in a newspaper of general circulation in Broward County. The newspaper shall meet such requirements as are prescribed under F.S. Ch. 50, for legal and official advertisements.

Proof of publication shall be made as provided in F.S. §§ 50.041, and 50.051.

(b)

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 (1).

Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (1), together with proof of publication or posting as provided in subsection (2), 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.

(N)

Enforcement of the codes or ordinances; penalties

(1)

As used in this section, code enforcement officer means any designated employee or agent of the City of Oakland Park whose duty it is to enforce codes and ordinances enacted by the City of Oakland Park, Florida.

(2)

The city may designate certain of its employees or agents as code enforcement officers. The training and qualifications of the employees or agents for such designation shall be determined by the city. Employees or agents who may be designated as code enforcement officers may include, but are not limited to code inspectors, law enforcement officers, animal control officers, or fire safety inspectors. Designation as a code enforcement officer with the power of arrest or subject to the code enforcement officer to the provisions of F.S. §§ 943.085 through 943.255, as amended. Nothing in this section amends, alters or contravenes the provisions of any state-administered retirement system or any state-supported retirement system established by general law.

(3)

(a)
A code enforcement officer is authorized to issue a citation to a person when based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and the special master will hear the charge.

(b)

Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of the code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than thirty (30) days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement 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 code enforcement 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.

(c)

A citation issue by a code enforcement officer shall be in a form prescribed by the City of Oakland Park and shall contain:

1.

The date and time of 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 reasonable cause.

5.

The number or section of the code or ordinance violated.

6.

The name and authority of the code enforcement 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 request an administrative hearing before the special master to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty.

11.

A notice that additional citations may be issued for each day that the applicable violation is found to exist.

12.

A notice that the person may be liable for the reasonable costs of the administrative hearing should the person be found guilty of the violation.

(4)

After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one (1) copy of the citation with the community development department.

(5)

Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or § 775.083.

(6)

The provisions of this section shall not apply to the enforcement pursuant to section 553.79 and 553.80 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 city. For the purposes of this subsection, "building codes" means only those codes adopted pursuant to said section 553.73.

(7)

The provisions of this section are additional and supplemental means of enforcing the city's codes and ordinances and may be used for the enforcement of any codes 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.

(O)

Options of persons cited.

(1)

A person who has been served with a citation shall expect either to:

(a)

Correct the violation, and pay the civil penalty in the manner indicated on the notice; or

(b)

Request an administrative hearing before a special master to appeal the decision of the code inspector to issue the citation.

(2)

Appeal by administrative hearing of the citation shall be accomplished by filing a request in writing to the address indicated on the notice, not later than ten (10) days after the service of the notice.

(3)

Failure of a person to appeal the decision of the code inspector within this time period shall constitute a waiver of the person's right to an administrative hearing. A waiver of the right to administrative hearing shall be deemed an admission of the violation and penalties may be imposed accordingly.

(P)

Schedule of civil penalties.

(1)

The following table sets forth code violations for which citations may be served and civil penalties may be cited under this article. The descriptions of violations are provided for purposes of general identification only. Where specific code provisions apply, the same are indicated following the respective violation description. References to "FBC" shall mean the Florida Building Code. References to "Sec." shall mean a section of the Oakland Park Code of Ordinances. This schedule is not intended to be all inclusive. The penalty for violation of any other codes or ordinances of the city heretofore or hereinafter created and not enumerated herein shall be enforced in the manner provided for therein.

(a)

CLASS I VIOLATIONS.

(b)

CLASS II VIOLATIONS.

(c)

CLASS III VIOLATIONS.

(2)

Penalties.

(Q)

Provisions of article supplemental. The city commission hereby ratifies and embraces the legislative intention of the Local Government Code of Enforcement Boards Act, as provided for in F.S. Ch. 162, as amended, from time to time, in that the City of Oakland Park may seek additional or supplemental means of obtaining compliance with its local codes as provided herein.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-93-11, §§ 2—11, 9-15-93; Ord. No. O-1999-003, § 4, 4-7-99; Ord. No. O-2003-001, § 12, 2-19-03; Ord. No. O-2003-012, § 2, 11-19-03; Ord. No. O-2004-026, § 3, 10-20-04; Ord. No. O-2006-004, § 2, 4-5-06; Ord. No. O-2008-029, § 2, 8-6-08; Ord. No. O-2011-004, § 2, 2-16-11; Ord. No. O-2020-011, § 2, 8-5-20)

(A)

Established. There is hereby established an Oakland Park Beautification Advisory Board which shall serve in an advisory capacity to the city commission.

(B)

Composition; compensation. The board established in this section shall be composed of seven (7) members appointed by the city commission. Any compensation shall be established by city commission resolution. All members of the board shall be residents of the city. No member of the board may be an employee of the city, nor may any elected official of the city be a member of the board.

(C)

Ex officio members. The board has additionally the following ex officio members who shall have no voting powers on such board, to wit: one (1) representative from the city manager's office, one (1) representative from the department of public service and one (1) representative from the code enforcement department.

(D)

Terms of office; vacancies; removal from office. The terms of office of the members of the board established in this section shall be three (3) years. Appointments to fill any vacancy on the board shall be for the remainder of the unexpired term of office. The members of the board shall serve at the pleasure of the city commission and may be removed at any time by a majority vote of the city commission. Attendance policy for members of this board is governed by section 2-72 of this Code of Ordinances.

(E)

Officers; quorum.

(1)

The beautification advisory board shall consist of a chairperson, a vice chairperson and such other officers as the board shall deem necessary. Officers of the board shall be elected by a majority vote of the membership of the board at its first meeting after the members' initial appointments, and annually thereafter. A member of the board may be elected to serve as an officer without restriction as to the number of terms served.

(2)

The presence of three (3) or more non-ex officio members shall constitute a quorum of the beautification advisory board.

(F)

Objectives; purpose.

(1)

The objectives and purposes of the board established in this section shall be to keep and maintain the city beautiful and aesthetically pleasing in the following manner:

(a)

Investigating, studying and recommending plans to the city commission as to improve the general health, sanitation, safety and cleanliness of the city.

(b)

Encouraging and recommending the placing, planting and preservation of trees, flowers and shrubbery on public and private properties.

(G)

City projects. All landscape projects related to enhancing city parks, buildings and rights-of-way with costs exceeding five thousand dollars ($5,000.00) shall be referred to the beautification advisory board for review and recommendation.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-91-17, § 2, 11-20-91; Ord. No. O-1999-003, § 5, 4-7-99; Ord. No. O-2006-004, § 2, 4-5-06)