File #: 20-1448   
Status: Agenda Ready
In control: PUBLIC HEARING
Agenda Date: 9/10/2020 Final action: 9/10/2020
Title: MOTION TO ENACT Ordinance, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO CODE ENFORCEMENT APPEALS; AMENDING SECTIONS 31/2-15, 81/2-14, 9 29, 9-124, 9-176, 161/2-35.6, 27-42, AND 39-136 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROVIDING FOR APPEAL OF CODE ENFORCEMENT ACTIONS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. (Sponsored by the Board of County Commissioners)
Attachments: 1. Exhibit 1 - Copy of Proposed Ordinance
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broward County Commission Regular Meeting                               

Director's Name:                     Andrew J. Meyers 

Department:                                           County Attorney 

 

Information

Requested Action

title

MOTION TO ENACT Ordinance, the title of which is as follows:

 

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO CODE ENFORCEMENT APPEALS; AMENDING SECTIONS 3½-15, 8½-14, 9 29, 9-124, 9-176, 16½-35.6, 27-42, AND 39-136 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROVIDING FOR APPEAL OF CODE ENFORCEMENT ACTIONS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

(Sponsored by the Board of County Commissioners)

 

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Why Action is Necessary

A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting of August 25, 2020.

 

What Action Accomplishes

Enables the Board to consider enacting an Ordinance amending various sections of the Code related to code enforcement appeals.

 

Is this Action Goal Related

No

 

Previous Action Taken

 

 

Summary Explanation/Background

A Florida appellate court recently held that appeals to code enforcement actions taken pursuant to Section 162.11, Florida Statutes, are plenary appeals that require the filing of a notice of appeal, rather than a Petition for Writ of Certiorari.  The proposed Ordinance amends those code enforcement processes that are founded on the authority of Chapter 162, Florida Statutes, to remove references to Petitions for Writ of Certiorari.

 

Source of Additional Information

Maite Azcoitia, Deputy County Attorney, 954-357-7600

 

Fiscal Impact

Fiscal Impact/Cost Summary

Per the Office of Management and Budget, the estimated impact on the budget does not exceed the threshold required for a Fiscal Impact Statement.