§ 10-101. Hearings; board.

(a)

Upon receipt of a timely request for an administrative hearing, the matter shall be set for hearing before the board on the next regularly scheduled hearing date or as soon thereafter as possible.

(b)

Upon receipt of said request for an administrative hearing, the county shall serve a notice of hearing to the alleged violator, which notice shall include, but not be limited to, the following:

(1)

Place, date and time of the hearing;

(2)

Right of alleged violator to be represented by an attorney;

(3)

Right of alleged violator to present witness and evidence and conduct cross examination; and

(4)

A conspicuous statement reflecting the requirements of F.S. ch. 286 that a person deciding to appeal any decision of the board will need to ensure that a verbatim record of the proceedings is made.

In lieu of providing a notice of hearing as provided in this subsection, the county may include a hearing date in the citation that will be scheduled if the alleged violator requests an administrative hearing; provided that the citation includes the information required by this subsection.

(c)

No hearing shall be scheduled on a date sooner than ten days from the date of service of the citation on the alleged violator unless there is reason to believe that a violation presents a serious threat to the public health, safety or welfare. All hearings shall be administratively scheduled by the community development director or his designee.

(d)

All hearings shall be open to the public. All testimony shall be under oath, minutes shall be taken, and the proceedings shall be recorded.

(e)

The county shall provide clerical and administrative personnel as may be necessary for the board. The county administrator shall designate such necessary personnel.

(f)

Each case before the board shall be presented by the personnel designated by the county administrator and/or the county attorney.

(g)

Formal rules of evidence shall not apply, but fundamental principles of due process shall be observed and govern the proceedings. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct to their affairs shall be admissible whether or not such evidence would be admissible in a state court.

(h)

Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross examine opposing witnesses on any relevant matter, to submit rebuttal evidence, and to have subpoenas issued in his behalf by the board.

(i)

Lack of a state certificate, state certification or state registration may be established by confirming with the state department of business and professional regulation, that the named violator does not hold a state certificate/certification/registration. An original or certified copy of a written statement from the custodian of the records of the county contractor licensing division that he contacted the state department of business and professional regulation, and confirmed no record of certification or registration exists for the named violator, shall be admissible into evidence and sufficient to establish the presumption that the alleged violator is not a state-certified contractor. The alleged violator has the right to present evidence to overcome this presumption.

(j)

Lack of a county certificate or county certification may be established by confirming with the county code compliance division that the named violator does not hold a county certificate/certification. An original or certified copy of a written statement from the custodian of records of the county code compliance division that he has reviewed the records of the code compliance division and confirmed that no record of county certification exists for the alleged violator shall be admissible into evidence and sufficient to establish the presumption that the alleged violator is not a county-certified contractor. The alleged violator has the right to present evidence to overcome this presumption.

(k)

The board shall make findings of fact based on evidence presented. In order to make a finding affirming the code enforcement officer's decision to issue the citation, the board must find by a preponderance of the evidence that the alleged violator was responsible for the violation of the relevant code provision as cited.

(l)

If the alleged violator is found guilty of the violation and subject to the appropriate penalty, the violator may also be held liable for the reasonable costs of the administrative hearing, at the discretion of the board.

(m)

If the board finds that a violation exists, the board may order the violator to pay a civil penalty of not less than the amount set forth on the citation, but not more than $1,000.00 per day for each violation. In determining the amount of the civil penalty, the board shall consider the gravity of the violation, any actions taken by the violator to correct the violation and any previous violations committed by the violator.

(n)

Upon written notification by the code enforcement officer that an alleged violator had not contested the citation or paid the civil penalty within the time frame allowed on the citation, or if a violation has not been corrected within the time frame set forth on the notice of violation, the board shall enter an order ordering the violator to pay the civil penalty set forth on the citation or notice of violation and a hearing shall not be necessary for the issuance of such order.

(o)

The board shall have the power to:

(1)

Take testimony under oath;

(2)

Adopt rules for the conduct of its hearing;

(3)

Subpoena alleged violators and witnesses to its hearings (subpoenas may be served by the sheriff of the county);

(4)

Subpoena evidence to its hearings;

(5)

Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliances;

(6)

Determine whether cited violations occurred;

(7)

Determine whether a reasonable time period for compliance was given;

(8)

Assess and order the payment of civil penalties and administrative costs as provided under this article; and

(9)

Impose liens as provided herein.

(Code 1982, § 1-6.8-25; Ord. No. 94-12, pt. A, 12-20-1994)