It shall be the duty of a code enforcement officer to initiate
enforcement proceedings of the various codes and ordinances. No code
enforcement magistrate shall have the power to initiate such enforcement
proceedings. [Note: State law reference: Similar provisions, F.S.
§ 162.06(1).]
Except as provided in §§
12-43 and
12-44, if a violation of the codes or ordinances is found, the code enforcement officer shall notify the violator and give him a reasonable time to correct the violation. Should the violation continue past the time specified for correction, the code enforcement officer shall notify the Code Enforcement Special Magistrate and request a hearing. The Code Enforcement Special Magistrate, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed, as provided in §
12-54, to the violator. At the option of the Code Enforcement Special Magistrate, notice may additionally be served by publication or posting as provided in §
12-54. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the code enforcement officer, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the Special Magistrate hearing, and the notice shall so state. [Note: State law reference: Similar provisions, F.S. § 162.06(2).]
If the code enforcement 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
code enforcement officer shall make a reasonable effort to notify
the violator and may immediately notify the Code Enforcement Special
Magistrate and request a hearing. [Note: State law references: Similar
provisions, F.S. § 162.06(4).]
A certified copy of the order may be recorded in the public
records 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 Special
Magistrate shall issue an order acknowledging compliance that shall
be recorded in the public records. A hearing is not required to issue
such an order acknowledging compliance. [Note: State law reference:
Similar provisions, F.S. § 162.07(4).]
The Code Enforcement Special Magistrate shall have the power
to:
A. Adopt rules for the conduct of its hearings.
B. Subpoena alleged violators and witnesses to its hearings. Subpoenas
may be served by the Sheriff or any deputy sheriff of the county or
any law enforcement officer.
C. Subpoena evidence to its hearings.
D. Take testimony under oath.
E. Issue orders having the force of law to command whatever steps are
necessary to bring a violation into compliance.
F. Levy, adjust or excuse a fine for violations.
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(Note: State law reference: Similar provisions, F.S. § 162.08.)
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No lien provided under the Local Government Code Enforcement
Boards Act shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action is commenced pursuant to §
12-51 in a court of competent jurisdiction. In an action to foreclose on a lien or for a money judgment, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the action. The City Commission shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. (Note: State law reference: Similar provisions, F.S. § 162.10.)
An aggrieved party, including the City Commission, may appeal
a final administrative order of the Code Enforcement Special Magistrate
to the circuit court. Such an appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created before
the Code Enforcement Special Magistrate. An appeal shall be filed
within 30 days of the execution of the order to be appealed. (Note:
State law reference: Similar provisions, F.S. § 162.11.)
Utilization of this article rather than or in addition to County
Court prosecution shall, in each case, be optional. (Note: State law
reference: Similar provisions, F.S. § 162.22.)