§ 22-54. Municipal administration and enforcement.

(a)

All complaints, evidence of code violations, appeals of a decisions of the City of Okeechobee Building Official, or other matter concerning the proper licensing of contractors who perform work within the City of Okeechobee (hereinafter the "city") shall be received and investigated by the city staff from the code enforcement office or that of the city building official, and processed within by the City of Okeechobee as may be required. Such investigation and findings shall be reduced to a written report of a finding of no violation, or if it is determined that there is a reasonable basis to believe a violation has occurred, report the fact in writing to the Okeechobee County Construction Industry Licensing Board (hereinafter the "board") for further action. Any notice of violation transmitted to the county shall contain citations of the provisions of the city ordinance or state statute believed to have been violated and accompanied by copies of such provisions, together with the names and addresses of any witnesses for which a notice or summons is needed.

(b)

That upon a report of a city violation being received by the county, such violation shall be placed on the next available agenda of the board, and all required notices of the meeting of the board shall be provided by the board together with issuance of such subpoenas as may be requested by the city. The city shall be responsible for having served any subpoena it has requested to be issued. When such violation is to be heard by the board, the city shall provide a representative to appear before the board to argue in support of the violation submitted. The city shall also have available such officers, building officials or experts as it may deem necessary to prove the violation alleged.

(c)

That the board shall deliberate, make findings of fact conclusion of law, and issue a final order of that board, in the same manner, and without regard for whether the alleged violation occurred within the city, or the unincorporated areas of the Okeechobee County, except that the applicable city or county code or state statute will be applied.

(d)

That any appeal of an order of the board for a violation occurring within the city, shall be appealed in the same manner as provided in section 22-81 of this article, except the initial appeal shall be to the Okeechobee City Council as opposed to the Board of County Commissioners of Okeechobee County, which shall thereupon affirm, reverse or remand as it sees fit, and shall promptly notify the county of its decision. Should an appeal be taken beyond the city council to a court of competent jurisdiction, the city shall appear and defend the county in such action, and to the extent permitted by law, indemnify and hold harmless the county for any cause of action or damage occasion by the alleged violation or enforcement action.

(e)

That should a fine be assessed by the construction licensing board for a violation occurring within the city, such fine shall be equally distributed between the city and the county to defray the costs of investigation, prosecution and administration incurred by both jurisdictions.

(Ord. No. 2003-09, § 3, 12-2-03)