SUBJECT/RECOMMENDATION:
Title
Appoint Nancy B. Mag, Esq. as a Special Magistrate pursuant to § 162.03, Florida Statutes and Section 5-406 and Article VII of the Clearwater Community Development Code, adopt Resolution 26-11, and approve a legal services agreement, authorizing the appropriate officials to execute same.
Body
SUMMARY:
The City of Clearwater is authorized by state law and city code to use Special Magistrates to hear alleged code violations. By law, Special Magistrates have the same authorities and powers as a Municipal Code Enforcement Board. The intent of the Special Magistrate is to enhance the city’s enforcement mechanisms. The Special Magistrate would be an additional enforcement path option alongside the Municipal Code Enforcement Board each month allowing for improved case timelines and prevent case backlog.
The implementation of a Special Magistrate would provide a second enforcement option that allows the department to differentiate between certain code violation types. By doing so, the department can reduce large, time-consuming agendas for the board and residents as well as segment technical or time-intensive cases. This is a part of an ongoing effort to enhance the efficiency of the enforcement process for both staff and the residents.
Attorney Nancy Mag has agreed to undertake the role of Special Magistrate pursuant to the attached agreement. It is recommended that the City Council appoint her as a Special Magistrate and authorize the Interim City Attorney to approve legal fee invoices up to the not-to-exceed amount of $50,000.00
This procurement is exempt from bidding pursuant to Section 2.563(1)(g), Clearwater Code of Ordinances.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost codes of the Planning & Development department (Construction Services 0101430-530100 and Code Compliance 0101432-530100) to fund this agreement. The Planning & Development Department is funded by revenues from the General Fund.