HOUSE AMENDMENT

    707-109AX-99                             Bill No. CS/CS/HB 163

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Levine offered the following:

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13         Amendment (with directory language and title

14  amendments) 

15         On page 9, line 31,

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17  and insert in lieu thereof:

18         (2)(a)  A fine imposed pursuant to this section shall

19  not exceed $250 per day for a first violation and shall not

20  exceed $500 per day for a repeat violation, and, in addition,

21  may include all costs of repairs pursuant to subsection (1).

22  However, if a code enforcement board finds the violation to be

23  irreparable or irreversible in nature, it may impose a fine

24  not to exceed $5,000 per violation.

25         (b)  In determining the amount of the fine, if any, the

26  enforcement board shall consider the following factors:

27         1.  The gravity of the violation;

28         2.  Any actions taken by the violator to correct the

29  violation; and

30         3.  Any previous violations committed by the violator.

31         (c)  An enforcement board may reduce a fine imposed

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    File original & 9 copies    04/07/99
    hbd0002                     02:43 pm         00163-0089-034815




                                                   HOUSE AMENDMENT

    707-109AX-99                             Bill No. CS/CS/HB 163

    Amendment No.     (for drafter's use only)





 1  pursuant to this section.

 2         (d)  A county or a municipality having a population

 3  equal to or greater than 50,000 may adopt, by a vote of at

 4  least a majority plus one of the entire governing body of the

 5  county or municipality, an ordinance that gives code

 6  enforcement boards or special masters, or both, authority to

 7  impose fines in excess of the limits set forth in paragraph

 8  (a).  Such fines shall not exceed $1,000 per day per violation

 9  for a first violation, $5,000 per day per violation for a

10  repeat violation, and up to $15,000 per violation if the code

11  enforcement board or special master finds the violation to be

12  irreparable or irreversible in nature.  In addition to such

13  fines, a code enforcement board or special master may impose

14  additional fines to cover all costs incurred by the local

15  government in enforcing its codes and all costs of repairs

16  pursuant to subsection (1).  Any ordinance imposing such fines

17  shall include criteria to be considered by the code

18  enforcement board or special master in determining the amount

19  of the fines, including, but not limited to, those factors set

20  forth in paragraph (b).

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22

23  == D I R E C T O R Y   L A N G U A G E   A M E N D M E N T ==

24  And the directory language is amended as follows:

25         On page 9, line 2,

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27  insert after the word "amended":  , and paragraph (d) is added

28  to subsection (2) of said section,

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    File original & 9 copies    04/07/99
    hbd0002                     02:43 pm         00163-0089-034815




                                                   HOUSE AMENDMENT

    707-109AX-99                             Bill No. CS/CS/HB 163

    Amendment No.     (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, line 28,

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 5  insert after the semicolon:

 6         authorizing certain counties or municipalities

 7         to adopt ordinances granting code enforcement

 8         boards or special masters authority to impose

 9         certain fines in excess of those authorized by

10         law; specifying limitations; providing

11         requirements;

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    File original & 9 copies    04/07/99
    hbd0002                     02:43 pm         00163-0089-034815