§ 2-74. Appointment of members of the code enforcement board; selection of special magistrate.

(a)

The city commission shall appoint a seven-member code enforcement board and legal counsel for the board unless the city commission has appointed a special magistrate as provided herein.

(b)

If the city commission appoints a code enforcement board, members of the code enforcement board shall be residents of the city. Appointments shall be made in accordance with law and ordinances on the basis of experience or interest in the subject matter and jurisdiction of the respective code enforcement board, in the sole discretion of the local governing body. The membership of the code enforcement board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor, a realtor and a citizen.

(1)

The initial appointments to the code 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.

Thereafter, all appointments shall be made for a term of three (3) years. A member may be reappointed upon approval of the city commission. Appointments to fill any vacancy on the code 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 board shall declare the member's office vacant, and the city commission shall promptly fill such vacancy. The members shall serve in accordance with ordinances of the city commission and charter of the city and may be suspended and removed for cause as provided by city ordinances for the removal of members of boards.

(2)

The members of the code 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 the code 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 commission.

(3)

The city attorney shall either serve as counsel to the code enforcement board or prosecute cases before the code enforcement board. If a conflict exists, the city commission may appoint a separate counsel.

(c)

In addition to or in lieu of a code enforcement board, the city commission may appoint a special magistrate to hear code enforcement cases.

(1)

Any special magistrate designated hereunder must be a member of the Florida Bar in good standing for at least five (5) years prior to appointment, must demonstrate satisfactory knowledge of municipal law and the general procedures for enforcement of municipal codes, and must demonstrate a temperament suitable for the exercise of the quasi-judicial powers vested in each special magistrate.

(2)

A special magistrate so designated shall be compensated as agreed upon by the special magistrate and the city commission, after recommendation by the city manager.

(3)

The city attorney shall attend code enforcement hearings conducted by the special magistrate and represent the city staff in the presentation of cases.

(Ord. No. 89-15, § 5, 11-30-89; Ord. No. 94-15, § 5, 11-10-94; Ord. No. 2009-13, § 2, 8-6-09)