§ 2-439. Organization.

(a)

Special magistrate.

(1)

The city council may appoint a special magistrate or special magistrates, as needed. The special magistrate shall be an attorney licensed as active and in good standing by the Florida Bar. The special magistrate shall not be a resident of the city. Appointments shall be made by the mayor on the basis of experience or interest in the fields of land use law, zoning law, administrative law, construction law, building control, and any other relevant fields, and shall be confirmed by resolution of the city council. The compensation and conditions of employment for the special magistrate shall be set in the resolution.

(2)

The special magistrate shall serve at the pleasure of the city council. The appointment of the special magistrate shall be made for a term of one (1) year, with the mayor reserving the right to terminate the term prior to its natural end, in writing, with no less than thirty (30) days notice. Such termination shall be confirmed by resolution of the city council. The term may be extended upon resolution of the city council for a term not to exceed one (1) year. No term limits shall be established herein for any appointed special magistrate. If the special magistrate wishes to terminate the term prior to its natural end, the special magistrate shall notify the city, in writing, no less than sixty (60) days in advance.

(3)

If the city chooses to appoint a special magistrate, the city attorney shall only serve as representative of the city in presenting cases before the special magistrate if designated by the city manager.

(b)

Code enforcement board.

(1)

The city council may appoint one (1) or more seven-member code enforcement boards and legal counsel for the enforcement boards. Members of the enforcement boards shall be residents of the city. Appointments shall be made by the mayor on the basis of experience or interest in the fields of zoning and building control, and shall be confirmed by resolutions of the city council. The membership of each enforcement board shall, whenever possible, include an architect, a businessman, an engineer, a general contractor, a subcontractor and a realtor.

(2)

Any appointment shall be made for a term of three (3) years. A member may be reappointed upon approval of the city council. An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two (2) of three (3) successive meetings without cause and without prior approval of the chairman, the enforcement board shall declare the member's office vacant, and the city council shall promptly fill such vacancy. No person may serve more than two (2) consecutive three-year terms. Persons disqualified by this provision may be reappointed after one (1) year elapses after the expiration of the second term of service.

(3)

The members of an enforcement board shall elect a chairman, who shall be a voting member, from among the members of the board. The presence of four (4) or more members shall constitute a quorum of any enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage and per diem expenses as may be authorized by the city council or as are otherwise provided by law. Members must be present at the start of the meeting to participate in the hearings.

(4)

Two (2) alternate members shall be appointed by the mayor, and they shall be confirmed by resolution of the city council, to the code enforcement board to serve on the board in the absence of board members. Each alternate member shall be appointed for one-year terms and may be reappointed for a total term limit of three (3) consecutive one-year terms.

(5)

The board members shall have one (1) training session per year to be given by the city attorney or a seminar approved by the city manager if budgeted by the city council.

(Code 1959, § 28-4; Ord. No. 92-1-12, § 1, 12-2-91; Ord. No. 1994-2, § 1, 1-3-94; Ord. No. 1996-36, § 1, 1-6-97; Ord. No. 1997-25, § 1, 1-5-98; Ord. No. 2005-04, § 2, 3-7-05; Ord. No. 2011-20, § 4, 10-10-11)

State law reference

Similar provisions, F.S. § 162.05.