§ 10-5. Establishment of Special Magistrate System.
(a)
There is hereby created pursuant to Fla. Stat. § 162.03(2), an alternate code enforcement system. This alternate code enforcement system shall have the same status as a code enforcement board. Nothing in this section is intended to preclude the City from enforcing any ordinance or code through a court of competent jurisdiction.
(b)
There is hereby created a code enforcement system which utilizes Special Magistrates, each of whom is to be appointed by the City Council. Special Magistrates shall have the authority to conduct hearings to determine whether a violation of any code or an ordinance of the City of Marathon within the Special Magistrate jurisdiction has occurred and upon finding that a violation has occurred, impose fines, costs, and liens against the violators.
(c)
All Special Magistrates shall be attorneys for at least five (5) years prior to appointment, who are in good standing with the Florida Bar. The Special Magistrates 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.
(d)
The City Council shall appoint as many Special Magistrates as are deemed necessary. All Special Magistrates shall be appointed for a term of one (1) to four (4) years and may be reappointed by the City Council. Despite the term for which they were appointed, all Special Magistrates serve at the pleasure of City Council and may be removed from office by majority vote. If any Special Magistrate fails to attend two (2) of three (3) successive hearings without good cause, the position shall be considered vacated, and the City Council shall promptly fill the remainder of the unexpired term.
(e)
The City Manager, or designee, shall provide clerical and administrate support to the Special Magistrates as may be reasonably required for the proper performance of their duties.
(f)
If any Special Magistrate called on to sit in a particular case shall find that his/her private or personal interests are involved in the matter coming before him/her, the Special Magistrate shall disqualify himself/herself from all participation in the case, and an alternate Special Magistrate shall hear the case. The City Manager is authorized to provide an attorney otherwise qualified to sit as a Special Magistrate for an individual case where all Special Magistrates disqualify themselves.
(g)
The City Attorney, when requested by the City Manager, may represent the City and present cases before the Special Magistrate. In no case shall the City Attorney act as counsel for the Special Magistrate, thereby eliminating possibilities of a conflict of interest.
(h)
Should the Special Magistrate be unable to issue a decision immediately following any hearing because of questions of law or other matters of such nature that a decision cannot immediately be made, the Special Magistrate may withhold issuing his or her decision for a period not exceeding 30 days.
(Ord. No. 2017-03 , § 3, 7-11-2017)