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ITEM: CODE COMPLIANCE SPECIAL MAGISTRATE APPOINTMENT POLICY AND PROCESS, TERM LIMITS, RESIDENCY, NUMBER OF MAGISTRATES AND REAPPOINTMENT PROCESS
REQUEST: Council direction on recommended changes to the Special Magistrate appointment policy and process.
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EXPLANATION: Florida State Statute 162 permits local governments to create administrative boards to enforce local ordinances. The statute's intent is to "provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances". Wellington established a Council appointed Code Enforcement Board in 1996. The Code Enforcement Board was utilized until 2005 when the Village transitioned to a Special Magistrate enforcement system. Magistrate term limits were enacted through Ordinance No. 2012-18 which limits Magistrates to no more than four consecutive two year terms. Magistrates who met the term limit may qualify again for appointment after one two-year term has expired. Subsequently, Council adopted Resolutions R2012-29 and R2015-43 revising the Magistrate selection process and noting at least one Magistrate not reside in Wellington.
Wellington currently utilizes three Magistrates. Special Magistrates Michael Posner and Alan Zangen are currently serving their final two-year term ending June 1, 2020. Both Mr. Posner and Mr. Zangen served as Code Enforcement Board members prior to their appointments as Special Magistrates. Special Magistrate Suarez-Riva is serving his final two-year term ending June 1, 2021. Mr. Suarez-Riva's initial appointment was in 2013 and he resides outside of Wellington.
Staff is seeking Council direction on recommended changes to the Special Magistrate appointment policy and process as follows:
* Revisit current term limits. (Section 2-203, Code of Ordinances)
o Retaining Special Magistrates promotes continuity and consistency in rulings. Recommended change requires a code amendment to Section 2-203, Code of Ordinances.
* Re...
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