§ 2-211. Supplemental enforcement procedures.

(a)

Definition. As used in this section, "code enforcement officer" means any designated employee or agent of Marion County whose duty it is to enforce codes and ordinances enacted by Marion County, including, but not limited to, code inspectors, law enforcement officers, animal control officers, or fire safety inspectors.

(b)

Citations.

(1)

A code enforcement officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance 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 the person has 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 thirty (30) days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. 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 that the violator is engaged in violations of an itinerant or transient nature, as defined by local code or ordinance within the county, or if the violation is irreparable or irreversible.

(3)

A citation issued by a code enforcement officer shall be in a form prescribed by Marion County and shall contain:

a.

The date and time of issuance.

b.

The name and address of the person to whom the citation is issued.

c.

The date and time the civil infraction was committed.

d.

The facts constituting reasonable cause.

e.

The number or section of the code or ordinance violated.

f.

The name and authority of the code enforcement officer.

g.

The procedure for the person to follow in order to pay the civil penalty or to contest the citation.

h.

The applicable civil penalty if the person elects to contest the citation.

i.

The applicable civil penalty if the person elects not to contest the citation.

j.

A conspicuous statement that if the person fails to pay the civil penalty within the time allowed or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty.

(4)

After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with the clerk of circuit court.

(5)

A citation may be contested in the county court.

(6)

If the person elects not to contest the citation, he shall pay the applicable civil penalty within thirty (30) days after issuance of the citation.

(7)

If the person elects to contest the citation, he shall request a hearing through the clerk of the circuit court within thirty (30) days after issuance of the citation. The clerk shall schedule a hearing in the county court and shall provide written notice of the hearing to the person and the officer.

(8)

If the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation he shall be deemed to have waived his right to contest the citation and, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty.

(9)

A person who has been issued a citation and does not contest said citation, shall be subject to a civil penalty.

a.

For the first violation, by a civil penalty of fifty dollars ($50.00).

b.

For the second violation, by a civil penalty of one hundred dollars ($100.00).

c.

For each additional violation, by a civil penalty of two hundred fifty dollars ($250.00).

(10)

Violation of a code or ordinance enforced pursuant to F.S. Ch. 162, pt. II, is a civil infraction subject to a maximum civil penalty not to exceed five hundred dollars ($500.00) provided that if a person has been issued a citation and contest said citation, said person shall be subject to a maximum civil penalty not to exceed five hundred dollars ($500.00) pursuant to F.S. Ch. 162, pt. II, provided that violator does not contest the citation, a civil penalty of less than the maximum civil penalty shall be imposed as specified in subsection (9) above.

(11)

Court costs may be imposed as provided by law.

(c)

Refusal to sign and accept citation. Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082, or F.S. § 775.083.

(d)

Enforcement by other means. The provisions of this section are additional and supplemental means of enforcing county codes or ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this section shall prohibit Marion County from enforcing its codes or ordinances by any other means.

(Ord. No. 93-23, § 1, 6-1-93; Ord. No. 95-37, § 7, 10-3-95; Ord. No. 00-3, § 5, 2-1-2000)