§ 2-205. Enforcement procedures.

(a)

It shall be the duty of the code inspector to initiate enforcement proceedings of the various county ordinances; however, no member of the code enforcement board or a special magistrate shall have the power to initiate such enforcement proceedings.

(b)

Except as provided in subsections (c), (d) and (e) below, if a violation of the county ordinances is found, the code inspector shall notify the violator and give him/her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify the code enforcement board or, as applicable, the special magistrate, and request a hearing. The code enforcement board or special magistrate, through its clerical staff, shall schedule a hearing, and written notice of the hearing shall be hand delivered or mailed to the violator as provided in section 2-210. At the option of the code enforcement board or special magistrate, notice may be additionally be served by publication or posting as provided in section 2-210. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the code enforcement board or special magistrate, even if the violation has been corrected prior to the hearing, and the notice shall so state.

(c)

If a repeat violation is found, the code inspector shall notify the violator, but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the code enforcement board or special magistrate and request a hearing. The code enforcement board or special magistrate, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to section 2-210. The case may be presented to the code enforcement board or special magistrate even if the repeat violation has been corrected prior to the hearing, and the notice shall so state.

(d)

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, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board or special magistrate and request a hearing.

(e)

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. 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 (5) years prior to the violation, notwithstanding the violations occurred at different locations.

(f)

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 the provision of a code or ordinance prove unsuccessful, the enforcement board shall notify the board of county commissioners, which 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. Making such repairs does not create a continuing obligation on the part of the board to make further repairs or to maintain the property and does not create any liability against the board for any damages to the property if such repairs were completed in good faith.

(g)

If the owner of property, which is subject to an enforcement proceeding before the enforcement board, or court, transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall:

(1)

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

(2)

Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor/violator.

(3)

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 code enforcement proceeding.

(4)

File a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five (5) days after the date of the transfer.

A failure to make the disclosures described in paragraphs (1), (2), and (3) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held.

(Ord. No. 86-6, § 6, 4-8-86; Ord. No. 87-40, § 2, 11-24-87; Ord. No. 95-37, § 2, 10-3-95; Ord. No. 00-3, § 2, 2-1-2000; Ord. No. 16-06, § 1, 2-16-2016)

State law reference

Similar provisions, F.S. § 162.06.