§ 2-242. Enforcement procedure.

(a)

Under this division, it shall be the duty of the code compliance or animal control officer to initiate enforcement proceedings. No member of the code enforcement board shall have the power to initiate enforcement proceedings.

(b)

Except as provided in subsections (d) and (e), if a code violation is found to exist, the code compliance or animal control officer shall notify the violator in writing and give him a reasonable time to correct the violation. The written notice of violation or citation shall contain a reference to the particular section of this Code or other ordinances alleged to have been violated and a short, plain statement of the matters asserted by the code compliance or animal control officer.

(c)

Except as provided in subsections (d) and (e) of this section, any code compliance or animal control officer who has reason to believe a violation still exists beyond the time specified for correction in the notice of violation shall notify the code enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing and written notice of such hearing shall be hand delivered or mailed to the violator, as provided in F.S. § 162.12. At the option of the code enforcement board, notice may also be served by publication or posting, as provided in F.S. § 162.12. The notice shall contain a statement of the time, place and nature of the hearing before the code enforcement board. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code compliance or animal control officer, the case may be presented to the code enforcement board even if the violation has been corrected prior to the board hearing, and the notice of hearing shall so state.

(d)

If a repeat violation is found, the code compliance or animal control officer shall notify the violator, but is not required to give the violator a reasonable time to correct the violation. The officer, upon notifying the violator of a repeat violation, shall notify the code enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to F.S. § 162.12. The case may be presented to the code enforcement board even if the repeat violation has been corrected prior to the code enforcement board hearing, and the notice of hearing shall so state. If the repeat violation has been corrected, the code enforcement board retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay such costs as determined by the code enforcement board.

(e)

If the code compliance or animal control officer has reason to believe a violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the officer shall make a reasonable effort to notify the violator and may immediately notify the code enforcement board and request a hearing.

(f)

The date for the hearing contained in the notice shall not be less than 14 days from the date the notice of hearing is issued, unless the code compliance or animal control officer has reason to believe the violation presents a serious threat to the public health, safety and welfare, in which case notice of less than 14 days shall be acceptable, provided the code compliance or animal control officer has made a reasonable effort to notify the violator of the pending hearing.

(g)

If an individual fails to appear at the hearing, the code enforcement board may enter an order against the individual requiring correction of the violation. However, the enforcement of such an order may be stayed if any individual who has failed to appear files a request for a rehearing within ten days from the date the order is rendered and affirmatively alleges good cause for such failure to appear. In such case, the individual will be rescheduled for a hearing before the code enforcement board at the next scheduled meeting, and if the code enforcement board finds good cause existed for the individual's failure to appear, the previous order shall be rescinded and a new hearing conducted immediately. If the code enforcement board finds a lack of good cause for the failure to appear, the previous order shall stand and the stay shall be lifted.

(Code 1970, § 1-105; Ord. No. 86-29, § 5, 10-7-86; Ord. No. 89-23, § 4, 12-19-89; Ord. No. 96-20, § 1, 11-6-96)

State law reference

Enforcement procedures, F.S. § 162.06.