Board Members:
The Town Council may appoint a five-member Code Enforcement Board and Legal Counsel for the Enforcement Board in accordance with the Town Charter at section 2-8. The Town Council may also appoint a Special Magistrate to hear Code Enforcement cases, if desired. The members of the board shall have the following qualifications and terms of office:
(1) Membership. Appointments shall be made by the Town Council on the basis of experience or interest in the subject matter jurisdiction of the enforcement board. The membership of the enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor.
(2) Term. In order that the terms of office of all members will not expire at the same time, the initial appointments of the enforcement board shall be as follows: One (1) member shall be appointed for a term of one (1) year; two (2) members shall be appointed for a term of two (2) years each; and two (2) members shall be appointed for a term of three (3) years each. Thereafter, any appointment shall be made for a term of three (3) years. Members shall serve, and may also be removed, at the pleasure of the Town Council.
(3) Vacancy and Removal. Appointments to fill any vacancy on the enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two out of three successive meetings without cause and without prior approval of the chairperson, the enforcement board shall declare the member's office vacant, and the Town Council shall promptly fill such vacancy. The members shall serve in accordance with the Charter and the Ordinances of the Town.
(4) Organization. The members of the Enforcement Board shall elect a chairperson from among the members of the board. The presence of three or more members of the board shall constitute a quorum of the enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by Town Council.
(5) Town Attorney. The Town Attorney shall either be counsel to the Enforcement Board or shall represent the Town by presenting cases before the enforcement board, but in no case shall the Town Attorney serve in both capacities.
(6) Special Magistrate. Should the Town Council appoint a Special Magistrate to hear cases, the Town Attorney shall act as prosecutor for the Town.
(Code 1996, § 2-407; Ord. No. 262, § 1, 12-19-2011)
State Law Reference— Local Government Code Enforcement Boards; Organization, F.S. § 162.05.
Sec. 2-408. - Enforcement Procedure; Notices.
(a) Initiation of proceeding. It shall be the duty of the Code Inspector to initiate enforcement proceedings of the various codes, however, no member of the board shall have the power to initiate such enforcement proceedings.
(b) Hearings. Except as provided in subsections (c) and (d) of this section, if a violation of the codes is found, the Code Inspector shall notify the violator and give him a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the Code Inspector shall notify the Enforcement Board and request a hearing pursuant to the procedures set forth in this section. The Code Enforcement Board, through the Town Clerk, shall schedule a hearing, and written notice of such hearing shall be given as provided in subsection (e) of this section.
(c) Health, safety or irreparable/irreversible violations. If the Code Inspector has reason to believe a violation or the condition causing the violation represents one of the following categories, then the Code Inspector shall make a reasonable effort to notify the violator and may immediately notify the Enforcement Board and request a hearing: presents a serious threat to the public health, safety and welfare: the violation is irreparable or irreversible in nature; or the violations are of an itinerant or transient nature as defined by the Town's Code of Ordinances.
(d) Repeat Violation. 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 Enforcement Board and request a hearing. The Code Enforcement Board, through the Town Clerk, shall schedule a hearing and shall provide notice pursuant to subsection (e) of this section. The case may be presented to the Code Enforcement Board even if the repeat violation has been corrected prior to the board hearing, and the notice 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.
(e) Notices
(1) All notices required by this section shall be provided to the alleged violator as follows:
a. Certified mail, and, at the option of the Town, return receipt requested, to the address listed in the Tax Collector's Office for tax notices or to the address listed in the County Property Appraiser's database. The Town may also provide an additional notice to any other address it may find for the property owner. For property owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If any notice sent by certified mail is not signed as received within 30 days after the postmarked date of mailing, notice may be provided by posting as described in this section.
b. Hand delivery by the Sheriff or other Law Enforcement Officer, Code Inspector, or other person designated by the Town; or
c. Leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice.
(2) In addition to providing notice as set forth in subsection (e)(1) of this section, at the option of the Code Enforcement Board or the Town, notice may be served by publication or posting, as follows:
a. Such notice shall be published once during each week for four (4) consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the County where the Code Enforcement Board is located. The newspaper shall meet such requirements as are prescribed under F.S. ch. 50 for legal and official advertisements. Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051.
b. In lieu of publication as described in subsection (e)(2)a of this section, such notice may be posted at least ten (10) days prior to the Hearing, or prior to the expiration of any deadline contained in the notice, in at least two (2) locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be the Town Hall. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting.
c. Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (e)(1) of this section.
(3) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (e)(1) of this section, together with proof of publication or posting as provided in subsection (e)(2) of this section, shall be sufficient to show that the notice requirements of this section have been met, without regard to whether or not the alleged violator actually received such notice.
(Code 1996, § 2-408; Ord. No. 262, § 1, 12-19-2011; Ord. No. 268, § 1, 9-19-2012)
State Law Reference— Similar Provisions, F.S. §§ 162.06, 162.12.
Sec. 2-409. - Conduct of Hearing; Powers of Board/Special Magistrate.
(a) Minutes. Upon request of the Code Inspector, or at such times as may be necessary, the Town may schedule hearings of the Enforcement Board or Special Magistrate. Minutes shall be kept of all hearings by the Enforcement Board or Special Magistrate, and all hearings and proceedings shall be open to the public.
(b) Quasi-judicial. The Enforcement Board or Special Magistrate shall proceed to hear cases on the agenda for that day. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply; however, fundamental due process shall be observed and shall govern said proceedings.
(c) Orders. At the conclusion of the hearing, the Enforcement Board or Special Magistrate shall issue findings of fact, based upon evidence of record and conclusions of law, and shall issue an order to command whatever steps are necessary to bring the violation into compliance. The finding shall be by motion approved by a majority and at least three (3) members must vote. The order may include notice that it must be complied with by a specific date and that a fine may be imposed if the order is not complied with by said date.
(d) Administrative Costs. If the Town prevails in prosecuting a case before the Enforcement Board or Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Code Enforcement Board or Special Magistrate, and such costs may be included in the lien authorized under section 2-410. If a violation is found, but a fine is not imposed, the costs of prosecuting the case may still be included in a lien recorded against the property for the amount of the costs.
(e) Powers. The Enforcement Board or Special Magistrate shall have the power to:
(1) Adopt rules for the conduct of the hearings;
(2) Subpoena alleged violators and witnesses to the hearings;
(3) Subpoena evidence to the hearings;
(4) Take testimony under oath;
(5) Issue orders having the force of law; and
(6) Reduce fines, after compliance, upon application to the Enforcement Board or Special Magistrate for such relief.
(Code 1996, § 2-409; Ord. No. 262, § 1, 12-19-2011)
State Law reference— Similar provisions, F.S. §§ 162.07, 162.08.
Sec. 2-410. - Fines; Liens; Appeal.
(a) Fines. The Enforcement Board or Special Magistrate, upon notification by the Code Inspector that a previous order of the Code Enforcement Board has not been complied with by the time set, may order the violator to pay a fine. A fine imposed pursuant to this section shall not exceed $250.00 per day for a first violation and shall not exceed $500.00 per day for a repeat violation, and in addition, may include costs of repairs.
(b) Liens. A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the Sheriffs of this State, including execution and levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the Town, and the Town may execute a satisfaction or release of lien entered pursuant to this section. After three (3) months from the filing of any such lien which remains unpaid, the Code Enforcement Board or Special Magistrate may authorize the Town Attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under section 4, article X of the State Constitution. The money judgment provision of this section shall not apply to real property or personal property which is covered under section 4(a), article X of the State Constitution.
(c) Appeal. An aggrieved party, including the Town, may appeal a Final Administrative Order of an Enforcement Board to the Circuit Court of the County. 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 Board. An appeal shall be filed within 30 days of the execution of the order to be appealed.
(Code 1996, § 2-410; Ord. No. 262, § 1, 12-19-2011)
State Law reference— Similar provisions, F.S. §§ 162.09, 162.10.
Sec. 2-411. - Alternative Code Enforcement Procedures; Citations.
(a) General Provisions.
(1) This section is an alternative Code Enforcement procedure and may be used for the enforcement of any Town Code or Ordinance.
(2) The Code Enforcement Board or Special Magistrate appointed pursuant to section 2-407 shall have the authority to preside over hearings relative to the civil citations issued pursuant to this section.
(3) For purposes of this section, a violation of a Code or an Ordinance of the Town is a civil infraction.
(b) Definitions. When not inconsistent with the intent and purpose of this section, the definitions set forth in section 2-406 shall apply herein. The following additional words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Continuing violations means those violations that remain uncorrected beyond the reasonable time period for compliance given by the Code Inspector.
Uncorrectable violations means those violations that cannot be remedied after the violation has been committed because the violation constitutes a single prohibited act rather than an ongoing condition or circumstance.
(c) Issuance of citations. A Code Inspector 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 ordinance or code.
(d) Notice
(1) Generally. Notice shall be delivered in accordance with section 2-408(e).
(2) Continuing violations. Prior to issuing a citation, a Code Inspector shall provide notice to the person that has committed a violation of an ordinance or code and shall establish a reasonable time period within which the person must correct the violation. If, upon personal investigation, a Code Inspector finds that the person has not corrected the violation within the time period allowed, the Code Inspector may issue a citation to the person who has committed the violation.
(3) Other violations. If the Code Inspector has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable, irreversible or uncorrectable, the Code Inspector is not required to provide the person with a reasonable time period to correct the violation and may immediately issue the person a citation.
(e) Form of citation. The citation shall contain:
(1) The date and time of issuance.
(2) The name and address of the person to whom the citation is issued.
(3) The date and time the civil infraction was committed.
(4) The facts constituting reasonable cause.
(5) The number or section of the Code or Ordinance violated.
(6) The name and authority of the Code Inspector.
(7) The procedure for the person to follow in order to pay the civil fine or to contest the citation.
(8) The applicable civil fine if the person elects to contest the citation.
(9) The applicable civil fine if the person elects not to contest the citation.
(10) A conspicuous statement that if the person fails to pay the civil fine within the time allowed, or fails to timely contest the violation by the delivery of a written request for a hearing before the Code Enforcement Board or Special Magistrate, or fails to appear at such hearing, he or she shall be deemed to have waived his or her 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 fine.
(f) Procedures
(1) Options. A person issued a citation may:
a. Pay the civil fine to the Town Clerk within the timeframe provided for in the citation; or
b. Deliver a written request for a hearing before the Code Enforcement Board or Special Magistrate to contest the citation. The written request must be received by the Town Clerk within ten (10) calendar days of the date the citation was issued. Requests received after the ten (10) days shall be untimely.
(2) Waiver; Hearings; Appeals.
a. If the person fails to pay the civil fine within the time allowed, or fails to timely contest the violation by written request for a hearing, or fails to appear at such hearing, he or she shall be deemed to have waived his or her right to contest the citation and a judgment may be entered against the person for an amount up to the maximum civil fine.
b. Hearings, administrative costs, civil fines and liens shall be handled in accordance with the procedures set forth in this article. However, if, after due notice and hearing, the Code Enforcement Board or Special Magistrate, finds a violation to be irreparable, irreversible, or otherwise uncorrectable, it may immediately order the violator to pay a fine.
c. Appeals of Final Administrative Orders issued under this section shall be in accordance with Section 2-410(c).
Fines - The amount of civil fines for specific Ordinance or Code Violations shall be established from time to time by Resolution of the Town Council and shall not exceed $500.00.
Appealing a Decision:
If any person desires to appeal any decision with respect to any matter considered at these meeting, such person may need a record of the proceedings; for this purpose, such person may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is to be based.
