§ 2-86. Code citation procedures; appeals.

(a)

As used in this article, "code officer" means any designated employee or agent of the city whose duty it is to enforce the codes and ordinances enacted by the city.

(b)

The city may designate certain of its employees or agents as code officers. The training and qualifications of the employees or agents for such designation shall be determined by the city. Employees or agents who may be designated as code officers may include, but are not limited to, code officers, law enforcement officers, or fire safety inspectors. Designation as a code officer does not provide the code officer with the power of arrest or subject the code officer to the provisions of F.S. §§ 943.085 through 943.255.

(c)

A code 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 for which a fine has been set under this article.

(d)

A citation issued pursuant to this section 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 officer.

(7)

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

(8)

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

(9)

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

(10)

A conspicuous statement that if the person fails to appear before the special magistrate to contest the citation, he or she shall be deemed to have waived his or her right to contest the citation and that, in such case, an order may be entered against the person for an amount up to the maximum civil penalty.

(11)

The date the property must be brought into compliance.

(12)

The hearing date, time, and location.

(e)

A respondent may avoid an appearance before the special magistrate by timely complying with the code section cited, requesting and passing an inspection, and electing to pay a fine and administrative costs as provided on the issued citation. However, the respondent may otherwise elect to appear before the special magistrate to contest the violation cited, and at that time must bring any witnesses or evidence to be presented at the special magistrate hearing. If a fine or costs, or both, is not paid in accordance with the citation, or if the respondent fails to appear at the special magistrate hearing, the respondent shall have waived all rights to a hearing. Thereafter, an order may be entered by the special magistrate against the respondent in an amount up to the maximum permitted by law. If the respondent fails to timely comply with the code section cited and the special magistrate determines that the violation exists, the respondent may be subject to daily fines as determined by the special magistrate. Further, if the fine and costs are not timely paid prior to the hearing and the special magistrate determines a violation occurred, the respondent will be subject to additional administrative costs and fees. Once a find is paid, or if unpaid, after the date set for payment in the code citation, it is deemed to be conclusive proof of the violation for the purpose of establishing a later repeat violation.

(f)

The special magistrate, after a hearing on the citation, shall make a determination whether or not a violation of the code has been committed. The hearing shall be conducted in accordance with section 2-67 of this chapter. If a violation is found to have occurred, the special magistrate may enter an order requiring compliance and the payment of fines and administrative costs in accordance with subsection 2-67(d) of this chapter. In the alternative, the city may forego the pursuit of a daily fine and request an order be immediately entered assessing the citation fine and administrative costs.

(g)

A certified order assessing fines and/or costs may be recorded as a lien against the subject property as set forth in subsection 2-69(d) of this chapter or as otherwise provided by law.

(h)

Appeals. An aggrieved party, including the local governing body, may appeal a final administrative order of a 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 special magistrate. An appeal shall be filed with thirty (30) days of the execution of the order to be appealed. The city attorney or designee is hereby authorized to defend such appeals on behalf of the city and/or special magistrate.

(Ord. No. 92-25, § 1, 11-18-92; Ord. No. 97-27, § 1, 11-18-97; Ord. No. 2010-11, § 1, 7-20-10; Ord. No. 2013-27, § 4, 5-21-13)

Editor's note

Ord. No. 2013-27, § 4, adopted May 21, 2013, changed the title of section 2-86 from "Code citation procedures and appeals to and from a special magistrate" to "Code citation procedures; appeals." The historical notation has been preserved for reference purposes.