§ 2-78. Enforcement procedure.  


Latest version.
  • (a)

    Initiation of proceedings. It shall be the duty of the code enforcement officers to initiate enforcement proceedings of the various codes.

    (b)

    Notice of violation; time for correction; failure to correct; hearing request; notice of hearing. Except as provided in subsection (c) and subsection (d) of this section, if a violation of the codes is found, the code enforcement officers 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 enforcement officers shall notify the code enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed, as provided in F.S. § 162.12, to such violator. At the option of the code enforcement board, notice may additionally be served by publication or posting, as provided in F.S. § 162.12. 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 officers, the case may be presented to the code enforcement board, even if the violation has been corrected prior to the board hearing, and the notice shall so state.

    (c)

    Repeat violation procedure. If a repeat violation is found, the code enforcement officers shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code enforcement officers, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to F.S. § 162.12. The case may be presented to the 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. The repeat violator may choose to waive his rights to this hearing and pay such costs as determined by the code enforcement board.

    (d)

    Violations creating threats to public health, safety or welfare; procedure. If the code enforcement officers 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 enforcement officers shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing.

(Ord. No. 5-2008, § 2, 5-6-2008)