§ 2-36. Creation, appointment, powers, and duties of special master  


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  • (a) There is hereby created within the city pursuant to F.S. § 162.03(2) an alternate code enforcement system which gives a special master and alternate special master designated by the city commission the authority to conduct hearings and impose and authorize the collection of fines and costs against pending or repeat violators of city codes and ordinances. The special master and alternate special master shall have the same purpose, power, status and procedural requirements of the code enforcement board repealed by Ord. No. 05-1159, enacted on April 7, 2005.

    (b) The special master shall be an attorney who resides in Polk County, or has a place of business located in Polk County, who possesses an outstanding reputation for civic pride, interest, responsibility, and business or professional ability. The appointment shall be made by the city commission on the basis of experience or interest in the fields of zoning, building control and code enforcement. The city clerk shall process all applications for appointment as special master or alternate special master.

    (c) The special master and alternate special master shall serve at the pleasure of the city commission, and shall not be deemed a city employee.

    (d) The special master and alternate special master shall be compensated for performing said service.

    (e) The alternate special master shall satisfy the same appointment requirements, possess the same powers as the special master and shall perform special master duties whenever the special master is unavailable due to illness, conflict of interest or otherwise.

    (f) The city shall provide such clerical, administrative personnel and legal services deemed reasonably necessary to support the special master activities and assist in the proper performance of duties. The special master shall not be authorized to engage, hire, or use any person, except those provided by the city to assist in the performance of duties.

    (g) The special master and alternate special master shall have the jurisdiction and authority to hear and decide any other code enforcement matters the city commission shall determine is appropriate.

    (h) The special master and alternate special master shall have the jurisdiction and authority to affirm or modify penalties imposed by the code enforcement board whose jurisdiction was repealed effective this date, April 7, 2005.

    (i) The special master and alternate special master shall have the jurisdiction and authority to determine the amount of reasonable expenses incurred by the city as a result of orders issued pursuant to the authority granted herein.

    (j) The jurisdiction of the code enforcement special master and alternate special master shall not be exclusive. Any alleged violation of any code and ordinance may be pursued by appropriate remedy in court at the option of the administrative official whose responsibility it is to enforce that respective code or ordinance and nothing shall prevent the city from taking such other lawful action, including but not limited to resorting to equitable action, as is necessary to enforce the provisions of respective city codes or ordinances.

(Ord. No. 746, § 6, 8-17-89; Ord. No. 05-1159, § 4, 4-7-05)