The Village of Sea Ranch Lakes encompasses approximately 91.4 acres (.14 square miles) with 180 feet of beachfront property. The Village was incorporated in 1959, and consists of 210 platted residential lots, one six-acre commercial made [area], and a two- acre oceanfront recreation area. The Village is built-out in low density, exclusive homes, a shopping center and beachfront recreational facilities. Renovation, expansion, and residential redevelopment are the only development activities expected in the near future.

Therefore, the responsibilities of a planning department, technical review committee and citizen boards are not as rigorous as in other communities.

The Village retains planning and development review staff on an as needed consultant basis. These are not full-time staff functions.

The Village Clerk is the designated party to receive all inquiries and development applications, etc. The majority of applications are for remodelling.

Plans submitted to the Village Clerk are reviewed by the Village Building Inspector regarding conformance with the Building Code and Land Development Code.

A citizen advisory board made up of members of the Beach Club reviews the application and provides comment as to design and aesthetics.

The Village Council reviews the application, and has the authority to approve the application.

The Village Clerk is the official with the ministerial responsibility to issue a building permit.

Editor's note— Ord. No. 2013-01, § 2, adopted Jan. 24, 2013, repealed § 9.05.01, which pertained to composition.

"Variance," as used in connection with the provisions of this Code, means a modification of the Code when such variance will not be contrary to the public interest, and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Code would result in unnecessary and undue hardship. A variance is authorized only for height, area, and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the land use classification or in adjoining classifications.

Members of the Board of Adjustment shall serve for overlapping terms of 3 years. Not more than a minority of the terms of such members shall expire in any one year. Any member of the Board of Adjustment may be removed from office for cause by the Village Council upon written charges and after public hearing. Any vacancy occurring during the unexpired term of office of any member shall be filled by the Village Council. Such vacancy shall be filled within 30 days after the vacancy occurs. The initial appointee shall serve a 1 year term, the next 2 appointees shall serve a 2 year term and the last 2 appointees shall serve a 3 year term; thereafter, every appointee shall serve a 3 year term.

The Board of Adjustment shall elect a Chairman and Vice-Chairman from among its members and shall elect a Secretary. The Board may create and fill such other offices as it may determine to be necessary for the conduct of its duties. Terms of all such offices shall be for 1 year, with eligibility for reelection. The Board of Adjustment shall adopt rules for transaction of its business and shall keep a record of its Resolutions, transactions, findings, and determinations, which records shall be a public record. Meetings of the Board shall be held at the call of the Chairman and at such times as the Board may deem appropriate.

The Village Council is authorized and empowered to appropriate such funds as it may see fit for salaries, fees and expenses necessary in the conduct of the work of the Board of Adjustment. The Village Council is authorized to establish a schedule of fees to be charged by the Board of Adjustment. The Board shall have the authority to expend all sums so appropriated and other sums made available for its use from fees and other sources for the purpose and activities authorized by this Code.

The Board of Adjustment shall have the following powers and duties:

A.

To hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by an Administrative Official in the enforcement of any Land Development Code section or regulation adopted by the Village Council.

B.

(1)

To hear and decide such special exceptions as the Board of Adjustment is specifically authorized to pass on under the terms of the Code; to decide such questions as are involved in the determination of when special exceptions should be granted; and to grant special exceptions with appropriate conditions and safeguards or to deny special exceptions when not in harmony with the purpose and intent of this Code or any Ordinance enacted by the Village Council.

(2)

In granting any special exception, the Board shall find that such grant will not adversely affect the public interest.

(3)

In granting any special exception, the Board may prescribe appropriate conditions and safeguards in conformity with this Code or any Ordinance. Violation of such conditions and safeguards when made a part of the terms under which the special exception is granted shall be deemed a violation of the Code.

[(4)

The Board of Adjustment may prescribe a reasonable time limit within which the action for which the special] exception is required shall be begun or completed or both.

(5)

The Board of Adjustment shall confer with and obtain the approval of the Village Council for all special exceptions.

(6)

Prior to the Board of Adjustment considering an application for a variance for which a public hearing is required, the owners of all lands included in the application and the owners of all lands within three hundred (300) feet of such lands shall be notified by First Class mail of the proposed application for variance and of the meeting at which such application shall be scheduled for public review and discussion.

For the purpose of giving notice by mail, the owners shall be deemed to be the person shown upon the tax records maintained by the Broward County Property Appraiser for the Village of Sea Ranch Lakes as having an interest in or relation to the particular property involved.

The required notice shall be mailed to the address shown upon the aforesaid tax records by the Village Clerk at least ten (10) days before the date of such hearing and shall describe the substance of the application with sufficient clarity for the reading public to comprehend the nature of the variance sought.

C.

To authorize upon appeal such variance from the terms of the Code as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the Code would result in unnecessary and undue hardship. In order to authorize any variance in the terms of the Code, the Board of Adjustment must find:

1.

That special conditions and circumstances exist which are peculiar to the lands, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.

2.

That the special conditions and circumstances do not result from the actions of the applicant.

3.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code, to other lands, buildings, or structures in the same district.

4.

That literal interpretation of the provisions of the Code will deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Code and would work unnecessary and undue hardship on the applicant.

5.

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.

6.

That the grant of the variance will be in harmony with the general intent and purpose of the Code and that such variance will not be injurious to the area involved or otherwise detrimental to the general welfare.

D.

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Code and any other Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the Code.

E.

The Board of Adjustment may prescribe a reasonable time limit within which the action to which the variance is required shall be begun or completed or both.

F.

Under no circumstances, except as permitted above, shall the Board of Adjustment grant the variance to permit a use not generally or by special exception permitted in the district involved or any use expressly or by implication prohibited by the terms of the Code in the use district. No nonconforming use of neighboring lands, structures or buildings in the same use district and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the authorization of a variance.

In exercising the powers, the Board of Adjustment may, upon appeal and in conformity with provisions of this act, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination made by an Administrative Official in the enforcement of any Code provision, and may make any necessary order, requirement, decision, or determination, and to that end shall have all the powers of the Officer from whom the appeal is taken. The concurring vote of a majority of all the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any such Administrative Official or to decide in favor of the applicant on any matter from upon which the Board is required to pass.

Appeals to the Board of Adjustment may be taken by any person aggrieved or by any Officer, Board, or Bureau of the Village Council affected by any decision of any Administrative Official under any Code provision. Such appeal shall be taken within 30 days after rendition of the order, requirement, decision, or determination appealed from by filing with the Officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds therefor. The appeal shall be in the form prescribed by the Rules of the Board. The Administrative Official from whom this appeal is taken shall, upon notification of the filing of the appeal, forthwith transmit to the Board of Adjustment all the documents, plans, papers, or other materials constituting the record upon which the action appealed from was taken.

An appeal to the Board of Adjustment stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the Official from whom the appeal was taken shall certify to the Board of Adjustment, by reason of facts stated in the certificate, [that] a stay would cause imminent peril to life or property. In such case proceedings or work shall not be stayed except by a restraining order which may be granted by the Board of Adjustment or by a Circuit Court on application, on notice to the Officer from whom the appeal is taken, on notice to the applicant, and on due cause shown.

The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof by posting same at the bulletin board located at the exit of the residential district next to the police station, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney. Appellants may be required to assume such reasonable costs in connection with appeals as may be determined by the governing body through action in setting of fees to be charged for appeals. For procedural purposes an application for special exception shall be handled by the Board of Adjustment as for appeals.

Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any Officer, department, board, commission, or bureau or the Village Council may appeal to the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida for judicial relief within 30 days from rendition of the decision by the Board of Adjustment. Review in the Circuit Court shall be either by a trial de novo, which shall be governed by the Florida Rules of Procedure, or by petition for writ of certiorari, which shall be governed by the Florida Appellate Rules. The election of remedies shall lie with the Appellant.

(Ord. No. 83-1, § 8, 6-14-83; Ord. No. 88-2, 2-23-88)

There shall be a Sea Ranch Lakes Code Enforcement Board which shall have jurisdiction to hear and decide cases in which violations are alleged of any provisions of the Sea Ranch Lakes Building Code and Land Development Code. Any alleged violation of the Building Code and Zoning Ordinances may also be enforced in any Court of competent jurisdiction.

A.

Board shall mean the Sea Ranch Lakes Code Enforcement Board.

B.

Village shall mean the Village of Sea Ranch Lakes.

C.

Code shall mean the Sea Ranch Lakes Building Code and Land Development Code.

D.

Code Inspector shall mean any employee or other agent of the Village of Sea Ranch Lakes designated by law, ordinance, Village Council or Mayor, whose duties are to insure compliance with and enforce the Code.

E.

Council shall mean the Village Council of Sea Ranch Lakes, which is the legislative body of the Village of Sea Ranch Lakes, Florida.

F.

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.

G.

Written Notice shall mean the mailing of notice by certified mail, return, receipt, requested or by hand delivery, to the person required to be notified for an alleged Code violation and for any Board Hearing on any violation. Any other notice provided in this Code may be given by regular mail service, or the posting of the notice at the site of the violation or the site of the last known address of a violator, property owner or both.

H.

Director of Building and Zoning shall mean the Department Head of the Sea Ranch Lakes Building and Zoning or any representative authorized by him to serve in his absence.

I.

Clerk or Clerk of the Board shall mean the administrative staff person in the Sea Ranch Lakes Building and Zoning Department responsible for the preparation, development and coordination of all administrative and case management services necessary for the proper functioning of the Board.

J.

Violator shall mean the property owner, tenant or business entity on the premises or any combination thereof, and each notice shall so state.

A.

The Board shall be composed of 7 members and shall be appointed by the Council. Membership shall include whenever possible, persons experienced in the following professions: an architect, a business man, an engineer, a general contractor, a subcontractor, and realtor. Each member of the Board shall be a resident of the Village. The initial appointments to the Board shall be as follows: 2 members shall be appointed for a term of 1 year; 3 members shall be appointed for a term of 2 years; 2 members shall be appointed for a term of 3 years. Thereafter, all appointments shall be made by the Council for a term of 3 years. A member may be reappointed for 1 successive term upon the approval of the Council. An appointment to fill any vacancy on the Board shall be for the remainder of the unexpired term of office. If any member fails to attend 2 of 3 successive meetings without cause and without prior approval of the Chairman, the Board shall declare the member's office vacant; and the Council shall promptly fill such vacancy. The members can be suspended and removed for a cause. The members of the Board shall elect a Chairman and Vice-Chairman from among the members of the Board. The presence of 4 or more members shall constitute a quorum of the Board. Members shall serve without compensation, but may be reimbursed for such travel, milage, and per diem expenses as may be authorized by the Council. The Attorney for the Village of Sea Ranch Lakes shall be Counsel to the Board; the Council herewith appoints the Village Clerk to present cases before the Enforcement Board.

The Board may adopt such Rules and Regulations as are not inconsistent with the provisions of this Chapter or F.S. ch. 162, which Rules and Regulations the Board finds necessary to carry out the provisions of this Section, subject to approval by the Council.

A.

It shall be the duty of the Code Inspector to initiate enforcement proceedings of the Code; however, no member of the Board shall have the power to initiate such enforcement proceedings.

B.

Except as otherwise provided in subsection C below, if a violation of the Code 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 Board and request a Hearing. The Board through the Clerk, shall schedule a Hearing, and written notice of such Hearing shall be hand delivered or mailed as provided by this Section to said violator. The aforesaid written notice shall specifically provide that the alleged violator must file a written response to the alleged violation at least 10 days prior to the Hearing. If the violation is corrected and then reoccurs, the case shall be presented to the Board even if the violation has been corrected prior to the Board Hearing and the notice shall so state.

C.

If the Code Inspector has reason to believe a violation presents a serious threat to the public health, safety, and welfare, the Code Inspector shall make a reasonable effort to notify the violator and may immediately notify the Board and request a Hearing.

A.

Upon request of the Code Inspector, or as [at] such other times as may be necessary, the Chairman of the Board may call a Hearing of the Board; a Hearing also may be called by written notice signed by at least 3 members of the Board. Minutes shall be kept of all Hearings by the Board, and all the Hearings and proceedings shall be open to the public. The Council shall provide such clerical and administrative personnel as may be reasonably required by the Board for the proper performance of its duties.

B.

The Village Clerk, as a member of the administrative staff of the Council, shall present each case before the Board.

C.

The Board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The Board shall take testimony from the Code Inspector and the alleged violator. Formal Rules of Evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

D.

At the conclusion of the Hearing the 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 members present and voting, except that at least 4 members of the Board must vote in order for the action to be official. The Order may include a notice that said Order must be complied with by a specified date and that a fine may be imposed if the Order is not complied with by said date.

The Board shall have the power to:

A.

Adopt rules for the conduct of its hearings.

B.

Subpoena alleged violators and witnesses to its hearings. Subpoena evidence. The code inspector, the board or the alleged violator may request that witnesses and records, including surveys, plats and other materials, be subpoenaed to any formal hearings. Subpoenas may be served by the sheriff of the county or the police department of the Village. The chairman of the Board shall provide the clerk with sufficient signed and blank witness and document subpoenas to the [be] provided to alleged violators and the code inspector for the purpose of having witnesses and records subpoenaed.

C.

Take Testimony under oath.

D.

Issue orders having the force of law to command whatever steps are necessary to bring a violation in [into] compliance.

The Board, upon notification by the code inspector that an order of the Board has not been complied with by the set time or, upon finding that the same violation has been repeated by the same violator, may order the violator to pay a fine not to exceed $250.00 for each day the violation continues past the date set for compliance or for each time the violation has been repeated, and a hearing shall not be necessary for issuance of the order. 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; and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After 6 months from the filing of any such lien which remains unpaid, the Board may authorize the Village Attorney to foreclose on the lien. No lien created pursuant to the provisions of this chapter may be foreclosed on real property which is a homestead under section 4, Article X of the State Constitution.

The provisions and procedures contained in this section shall be in addition and supplemental to any other remedies now existing or subsequently provided for by law.

(Ord. No. 88-3, 2-23-88)

1.

The Village, by this article, hereby adopts an alternative code enforcement system which shall provide for a Special Magistrate with the authority to hold hearings and assess fines and enforcement costs against violators of all Village codes.

2.

The Village hereby adopts F.S. Ch. 162 in its entirety as may be amended from time to time.

A.

Intent. It is the intent of this article to promote, protect and improve the health, safety and welfare of the citizens of the Village, by authorizing the creation of the position of Special Magistrate relative to code enforcement proceedings with the authority to impose administrative fines and other non-criminal penalties, to provide an equitable, expeditious, effective and inexpensive method of enforcing and codes and ordinances in force in the Village where a pending or repeat violation exists.

B.

Jurisdiction. The jurisdiction of Special Magistrate appointed by the Village Council to hear cases brought by the code officers shall include violations of any Village ordinance or the Village code, and any county code or state statute incorporated into the Village code by reference or by operation of law, occurring within the Village of Sea Ranch Lakes.

C.

Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Chapter 162. F.S. Ch. 162, as currently enacted and as may be amended from time to time.

Clerk. The Village Clerk with responsibility for coordinating hearing of the Special Magistrate.

Code. The Village of Sea Ranch Lakes Code and all codes and state statutes incorporated into the Village of Sea Ranch Lakes Village code by reference or by operation of law, occurring within the Village of Sea Ranch Lakes.

Code Officer. An employee or other agenda of the Village designated by law, ordinance, or interlocal agreement whose duties are to ensure compliance in and for Village codes or ordinances and to present code violations to the Special Magistrate.

Notices. Provided as set forth in F.S. Ch. 162, as currently enacted or as may be amended from time to time.

Owner. The person or persons reflected as the property owner in the most recently certified real property ad valorem tax rolls of Broward County, or other official documentation contained within the public records of the Village of Sea Ranch Lakes, or the State of Florida. Additionally, in the case of multiple or joint ownership, notice of one (1) owner shall be considered notice to all multiple or joint owners.

Person. Individuals, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups or combinations.

Repeat Violation. A violation of a provision of a code or ordinance by a person whom the county court or Special Magistrate has previously found to have violated the same provision within five (5) years prior to the violation.

Special Magistrate. Any Special Magistrate appointed by the Village Council to hear code enforcement violation cases.

Village. The Village of Sea Ranch Lakes, Florida.

Village Attorney. The Village Attorney of the Village of Sea Ranch Lakes, Florida.

Village Council. The legislative body of the Village.

Violator. The person or persons responsible for the ordinance or code violation which, in the appropriate circumstances, shall be the perpetrator of the violation, the owner of the real property or personal property or the person legally responsible for the property upon which the violation occurred, or any or all of the foregoing, or as otherwise provided in the specific code section violated.

D.

Establishing a Special Magistrate.

1.

The qualification and appointment of the Special Magistrate shall be as follows:

a.

The Special Magistrate shall be appointed by the Village Council and shall serve with compensation as established by the Village Council upon appointment. The Village Council may appoint one (1) or more Special Magistrates. The Special Magistrate shall serve at the pleasure of the Village Council;

b.

The Special Magistrate must be both an attorney and member of the Florida Bar for a minimum of five (5) years; and

c.

The Special Magistrate will be bound by the Code of Judicial Conduct as currently prescribed or as mended from time to time; and

2.

The provisions of F.S. Ch. 162 are hereby adopted. The Special Magistrate may adopt additional rules and regulations as are consistent with the provisions of F.S. Ch. 162 which the Special Magistrate finds necessary to carry out the provisions of the article, subject to the approval of the Village Council.

E.

Code Prosecutor Duties.

1.

The Village Attorney shall represent the interest of the Village and act as code prosecutor when the violator is represented by counsel, as deemed necessary.

2.

The code prosecutor, or designee, shall, in each violation, have professional discretion including but limited to the right to negotiate a plea with the violator, and present that plea to the Special Magistrate for approval, to recommend the disposition of a case to the Special Magistrate and to decline to prosecute a case, similar to the discretion exercises by the Village Attorney for criminal municipal violations.

F.

Code Officers and Duties.

1.

The code officers have the primary duty to enforce the various codes and ordinances and initiate enforcement proceedings before the Special Magistrate. The Special Magistrate shall not have the power to initiate the enforcement proceedings.

2.

If the violation of a code or ordinance is found, the code officer shall give written notification to the alleged violator of the violation in accordance with F.S. Ch. 162, and give the alleged violator a reasonable time, in light of the nature of the violation, to correct the violation. Should the violation continue beyond the time specified for correction, or if the violation is a repeat violation, the code officer shall ask the Village Clerk to set a hearing to notify the alleged violator of the hearing.

G.

Conducting Hearings.

1.

The Clerk shall set a time and date for the hearing and notify the alleged violator and the code officer. The violator shall be given at least seven (7) working days written notification of the hearing. The conduct of the hearing shall be consistent of F.S. Ch. 162.

2.

Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct evidence, but 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 in civil action.

3.

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

4.

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

5.

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

6.

If written notice, or notice as contained in F.S. Ch. 162 has been provided to an alleged violator of the hearing, a hearing may be conducted and an order rendered in the absence of the violator.

7.

The Special Magistrate may, in his or her discretion, postpone or continue a hearing.

8.

All determinations of the Special Magistrate shall be based upon competent substantial evidence.

H.

Construction of Violations. Each and every act, action or thing done in violation of the provisions of this code or an ordinance of the Village shall be construed, deemed and taken as a separate and distinct violation of the provisions of this code; and in every event that a violation of this code or any of the provisions thereof shall continue, each day of such continue shall be deemed, construed and taken as a separate and distinct violation of the provisions of this code that such condition so allowed to continue shall violate.

I.

Code Enforcement Procedures of the Special Master. The Village Council may adopt by resolution such procedures as are deemed necessary and appropriate for the Special Master to carry out his or her function as set forth in this article.

J.

Cost Recovery. Upon finding for the Village by the Special Magistrate, the violator shall be assessed such costs as were incurred by the Village in providing for the hearing. These costs shall constitute a lien against the land upon which the violation exists, or upon any other real or personal property owned by the violator. Recovery of the costs shall be in a manner the same as provided for fines as delineated above.

(Ord. No. 2017-01, § 2, 1-18-17)