§ 2-67. Conduct of hearing.

(a)

Manner of calling hearing; open to public. Upon request of the code officer, or at such other times as may be necessary, a special magistrate may call a hearing. All hearings and proceedings shall be open to the public. The city commission shall provide clerical and administrative personnel as may be reasonably required by the special magistrate.

(b)

Presenting cases. Each case before a special magistrate shall be presented by the city attorney or by a member of the administrative staff of the city commission.

(c)

Testimony; rules of evidence. The special magistrate shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The special magistrate shall take testimony from the code officer and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

(d)

Findings of fact; order of compliance.

(1)

At the conclusion of the hearing, the special magistrate shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein. The order may include a notice that it must be complied with by a specified date, and that if the order is not complied with by said date, the following may be imposed: a daily accruing fine, the assessment of the costs of repair, as set forth in section 2-70.1, and the assessment of monthly reinspection assessments, as set forth in section 2-69.4.3. A certified copy of such order may be recorded in the public records of the county 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, 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 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.

(2)

Further, if a violation is found, the violator shall be given twenty (20) days within which to request a hearing to challenge the fine amount imposed by the order. If such a hearing is not timely requested and if the violation is not corrected by the time established in the order and/or all administrative costs are not timely paid, the city may record a certified copy of the order in the public records of Palm Beach County and thereafter the order shall constitute a lien under F.S. § 162.09. The hearing to challenge the fine amount imposed by the order shall be requested in writing to the secretary to the special magistrate and shall be limited to a consideration of only those new findings necessary to impose a fine. The violator shall bear the burden of proof at such hearing to show cause why the fine imposed in the order is not appropriate. If a request for hearing to challenge the fine amount is timely received by the secretary to the special magistrate, the special magistrate will set a hearing and notice of the hearing date and time shall be sent by regular U.S. mail to the address provided on the written request for the hearing. All orders entered by the special magistrate at this hearing which impose a fine and/or administrative costs may be recorded in the public records of Palm Beach County and thereafter the orders shall constitute a lien under F.S. § 162.09.

(Ord. No. 87-29, § 1, 10-5-87; Ord. No. 93-26, § 1, 10-5-93; Ord. No. 95-33, § 1, 12-28-95; Ord. No. 96-30, § 1, 10-15-96; Ord. No. 99-13, § 1, 5-4-99; Ord. No. 2003-37, § 1, 10-21-03; Ord. No. 2006-07, § 1, 3-7-06; Ord. No. 2013-06, § 3, 1-8-13; Ord. No. 2013-26, § 5, 5-21-13)