§ 2-202. Code enforcement board created; organization—Special masters designated; qualifications.

(a)

There is hereby created pursuant to the authority of chapter 162, Florida Statutes, a code enforcement board, which shall consist of seven (7) members appointed by the board of county commissioners. All members shall be residents of the county and shall serve without compensation.

(b)

The membership of the code enforcement board shall be made on the basis of experience or interest in the fields of zoning and building control and shall, whenever possible, include:

(1)

An architect.

(2)

A businessman.

(3)

An engineer.

(4)

A general contractor.

(5)

A subcontractor.

(6)

A realtor.

In addition to the seven (7) members provided for above, the board of county commissioners may appoint two (2) alternate members from the general public to attend meetings when one or more of the regular members are unable to attend.

(c)

Members shall serve three-year staggered terms. A member may be reappointed by the board of county commissioners. Appointments to fill any vacancy on the code enforcement board shall be for the remainder of the unexpired term of office.

(d)

If any member of the code enforcement board fails to attend two (2) of three (3) successive meetings without cause and without prior approval of the chairman, the board of county commissioners shall declare the member's office vacant, and the vacancy shall be filled by appointment by the board of county commissioners.

(e)

Members of the code enforcement board may be suspended and removed from office for cause by the board of county commissioners.

(f)

The members shall elect a chairman and a vice-chairman from among the board members. The presence of four (4) or more members shall constitute a quorum of the code enforcement board necessary to take action.

(g)

Regular meetings of the code enforcement board shall occur no less frequently than every two (2) months, but the code enforcement board may meet as often as necessary. Special meetings of the code enforcement board may be convened by the chairman upon notice thereof to every other member of the board. Notice of a special meeting shall be given at least twenty-four (24) hours prior thereto.

(h)

There is hereby created a position of special magistrate for the purpose of hearing and deciding alleged violations of the county code and to impose administrative fines and enforcement costs where a pending or repeat violation exists. As provided in F.S. § 162.03, a special magistrate shall have the same status as an enforcement board as provided in this chapter. All powers conferred upon, or reserved to a local government by F.S. Ch. 162, including, but not limited to the authority to execute releases and satisfactions of liens, or to otherwise mitigate code enforcement fines and liens and shall not be delegated to a special magistrate, but are expressly reserved to the Marion County Board of County Commissioners. Where indicated herein, particular provisions of this chapter may be applicable to both the code enforcement board and special magistrates, or only to the code enforcement board, or a special magistrate.

(i)

The following shall be the minimum qualifications for appointment to the position of code compliance special magistrate:

(1)

Must be a member in good standing of the Florida Bar for a minimum of five (5) years and shall have demonstrated knowledge with the county code of ordinances and the land development code.

(2)

Must possess a reputation in the community for integrity, responsibility, and professional ability.

(j)

Appointment and removal of special magistrates.

(1)

Appointment to the position of special magistrate shall be made by the board of county commissioners on the basis of experience or interest in code enforcement. Additional or alternate special magistrates may also be appointed by the board of county commissioners. Any special magistrate may be re-appointed at the discretion of the board of county commissioners.

(2)

Subject to provisions concerning removal, below, special magistrates shall be appointed for a term of three years. There shall be no limit on the number of re-appointments that may be given to any individual special magistrate, provided, however, that a determination as to removal or re-appointment must be made by the board of county commissioners for each special master at the end of each term.

(3)

A special magistrate may not be a county employee, but shall be compensated at an hourly rate to be established by contract.

(4)

Notwithstanding the term of appointment provided in paragraph (2), above, the position of special magistrate is an at-will position, and a special magistrate may be removed with or without cause by the board of county commissioners before the expiration of a term of appointment. Appointments to fill any vacancy for the remainder of an unexpired term may be made by the board of county commissioners.

(k)

Minutes shall be maintained of all meetings and hearings, held by the code enforcement board or special magistrate, and all meetings, hearings, and proceedings shall be open to the public.

(l)

The board of county commissioners shall provide clerical and administrative support to the code enforcement board and special magistrate as may be reasonably required by the board or special magistrate for the proper performance of its duties.

(Ord. No. 86-6, § 3, 4-4-86; Ord. No. 87-7, § 1, 2-17-87; Ord. No. 87-40, § 1, 11-24-87; Ord. No. 16-06, § 1, 2-16-2016)

Editor's note

Ord. No. 16-06, § 1, adopted Feb. 16, 2016, changed the title of § 2-202 from "Created; organization" to read as herein set out.