§ 1-11. Enforcement of ordinance violations.

(a)

Authority and purpose.

(1)

This section is adopted pursuant to F.S. ch. 125.69, as a supplemental method of enforcing the codes and ordinances of the county, and is enacted protect the public health, welfare, and safety of the citizens of the county.

(2)

Nothing in this section shall be construed to prohibit the county from enforcing its codes and ordinances by any other means including, but not limited to issuance of a citation without a warning, a summons, an arrest, an action before an enforcement board or special master, a civil action for injunctive relief, a stop work order, demolition, or pursuant to F.S. ch. 125.

(b)

Designation of code enforcement officers.

(1)

For the purpose of this section, the board of county commissioners of the county hereby designates all code inspectors, fire inspectors, animal control officers, and all employees whose duty it is to enforce codes and ordinances as "code enforcement officers" who shall have the powers and authority to enforce the codes and ordinances of the county as set forth in this section.

(2)

Sworn law enforcement officers shall have the authority to enforce local ordinance violations, and may do so without the issuance of a warning.

(3)

Except as to law enforcement officers, the training and qualifications of the code enforcement officers shall be established by the county administrator or his designee and shall be in compliance with any applicable Florida Statutes.

(4)

Except as to sworn law enforcement officers, designation as a code enforcement officer does not confer the power of arrest or other law enforcement powers nor subject the code enforcement officer to the provisions of F.S. ch. 943.

(5)

Nothing in this section shall be construed to amend, alter, or contravene the provision of any retirement or pension plan or system administered by the county or the state.

(c)

Citation authorization; notice prior to citation; violation to be prosecuted as a misdemeanor, maximum penalty.

(1)

Any designated code enforcement officer is hereby authorized to issue a citation to a person when, based upon personal investigation, the code enforcement officer has actual knowledge that the person has committed a violation of any code or ordinance of the county and that the county court will hear the charge.

(2)

Prior to issuing a citation, a code enforcement officer shall provide notice to the person that they have committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible.

(3)

A code or ordinance violation for which a citation may be issued pursuant to this section shall be prosecuted in the same manner as a misdemeanor in the name of the state in a court having jurisdiction of misdemeanors.

(4)

The maximum penalty for such a civil infraction shall not exceed $500.00 per violation plus all applicable costs or by imprisonment in the county jail not to exceed 60 days or both a fine and imprisonment.

(5)

Each violation of a code or ordinance shall be a separate civil infraction

(d)

Repeat violations.

(1)

If a repeat violation is found subsequent to the issuance of a citation, the code inspector is not required to give the violator a reasonable time to correct the violation and may immediately issue a citation.

(2)

For purposes of this subsection, the term "repeat violation" means a violation of a provision of a code or ordinance by a person who has previously been found to have violated the same provision within five years prior to the violation, notwithstanding the violations occurred at different locations.

(e)

Changes of ownership.

(1)

If the owner of property which is subject to an enforcement proceeding before county court transfers ownership of such property between the time the initial citation or citations are issued and the date the violator has been summoned to appear in county court, such owner shall:

a.

Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee.

b.

Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the county court proceeding received by the transferor.

c.

Disclose, in writing to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the county court proceeding.

d.

If the property is transferred before the date the violator has been summoned to appear in county court, the proceeding shall not be dismissed but the new owner will be substituted as the party of record and thereafter provided a reasonable period of time to correct the violation before the continuation of proceedings in county court.

(f)

Violations that present a threat to public health, safety and welfare.

(1)

If the code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, or if after attempts under this section to bring a repeat violation into compliance with a provision of a code of ordinance prove unsuccessful, the local governing body by and through the county administrator or his designee may make all reasonable repairs which are required to bring the property into compliance and charge the owner with the reasonable cost of the repairs along with the fine imposed pursuant to this section.

(2)

Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the local governing body to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed in good faith.

(g)

Payment of civil penalty; court hearings.

(1)

If the defendant elects not to contest the citation, then the same may plead guilty or no contest by signing the plea and waiver form on the citation, and pay the applicable fine in full to the clerk of the court within 30 calendar days after issuance of the citation.

(2)

If the defendant elects to contest the citation, then the same shall attend the arraignment on the date as set forth in the citation.

(3)

If the defendant electing to contest the citation fails to issue a written plea of not guilty or fails to appear for the court appearance date, the presiding judge shall at that time issue a capias for the arrest of the defendant for noncompliance with instructions on the citation, dismiss the case, or take any other action that the court deems appropriate.

(4)

At any hearing pursuant to this ordinance, the violation of a code or ordinance must be proved beyond a reasonable doubt. The Florida Rules of Criminal Procedure and the Florida Evidence Code shall be applicable to any such hearing.

(5)

Any person found guilty of the offense charged shall be fined in accordance with the Uniform Fine Schedule, and the court may order corrective action within a reasonable period of time.

(h)

Classes of violations and fines by resolution. The Uniform Fine Schedule which provides violations of county codes and ordinances and their corresponding penalty class shall be established and amended from time to time by resolution of the board of county commissioners. The same shall supercede all ordinances that set forth fines in conflict therewith.

(Ord. No. 00-05, § 3, 5-23-00; Ord. No. 00-15, § 1, 9-6-00; Ord. No. 00-020, § 1, 12-12-00; Ord. No. 01-013, § 1, 6-19-01)