§ 2-243. Hearing procedures.

(a)

Upon request of the code compliance officer or code enforcement director, or his designee, or at such other times as may be necessary, the chairperson may call a meeting of the code enforcement board; a hearing may also be called by written notice signed by at least three members of the board. Minutes shall be kept of all hearings by the code enforcement board, and all proceedings shall be open to the public. The board of county commissioners shall provide clerical and administrative personnel as may be reasonably required by the code enforcement board for the proper performance of its duties.

(b)

Each case before the code enforcement board shall be presented by the code enforcement director, the building official, or the animal control manager, or their designees. If the local governing body prevails in prosecuting a case before the code enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the code enforcement board, and such costs may be included in the lien authorized under F.S. § 162.09(3).

(c)

The code enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The code enforcement board shall take testimony from the code compliance or animal control officer and the alleged violator. Formal rules of evidence shall not apply; however, fundamental due process shall be observed and all parties shall have an opportunity to respond; to present evidence, witnesses and argument on all issues involved; to conduct cross examination; and to submit rebuttal evidence.

(d)

At the conclusion of the hearing, the code enforcement board shall, by motion and vote, issue findings of fact based on evidence of record and conclusions of law, and issue an order affording the proper relief consistent with the powers granted herein. The board's finding shall be by motion and approved by a majority of those members present and voting, except that at least four members of the code enforcement board must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be subsequently imposed, and, under the conditions specified in F.S. § 162.09(1), the cost of repairs may be included along with the fine if the order is not complied with by said date. The order shall be written and a certified copy of such order shall be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the code enforcement board shall issue an order acknowledging compliance that should be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

(Code 1970, § 1-106; Ord. No. 86-29, § 6, 10-7-86; Ord. No. 89-23, § 5, 12-19-89; Ord. No. 96-20, § 1, 11-6-96)

State law reference

Conduct of hearing, F.S. § 162.07.