§ 1-98. Supplemental county enforcement procedures.

This supplemental procedure for enforcing county's codes is hereby established pursuant to the provisions of F.S. ch. 162, pt. II.

(1)

Enforcement procedure.

a.

A code enforcement 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 and that the county court will hear the charge.

b.

Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible.

c.

A citation issued by a code enforcement officer shall be in a form prescribed by the county and 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 enforcement 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 not to contest the citation.

9.

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

10.

A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his 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 penalty.

(2)

Provisions supplemental. The provisions of this section are additional and supplemental means of enforcing county codes or ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this section shall prohibit the county from enforcing its codes or ordinances by any other means.

(3)

Fines and civil penalties.

a.

The following table sets forth the applicable uncontested civil penalties for a citation issued by a code enforcement officer under this article.

First Violation	Second Violation	Third and Subsequent Violation
$200.00	$400.00	Court Hearing Mandatory

 

b.

Any person who willingly refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or 775.083.

(4)

Notice to appear.

a.

Notwithstanding F.S. § 34.07, a code enforcement administrator or code inspector, designated pursuant to section 1-72, may issue a notice to appear at any hearing conducted by a county court if the officer, based upon personal investigation, has reasonable cause to believe that the person has violated a code or ordinance. A notice to appear means a written order issued by a code enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time. If a person issued a notice to appear under this section refuses to sign such notice, the code enforcement officer has no authority to arrest such person.

b.

Prior to issuing a notice to appear, a code enforcement officer shall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no fewer than five days and no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the prescribed time period, a code enforcement officer may issue a notice to appear to the person who has committed the violation. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a notice to appear and may immediately issue a notice to appear if a repeat violation is found, or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare or that the violator is engaged in violations of an itinerant or transient nature, as defined by local code or ordinance within the jurisdiction, or if the violation is irreparable or irreversible.

(Code 1982, § 1-2-27.5; Ord. No. 03-11, pt. A, 8-19-2003; Ord. No. 08-005, pt. A, 3-25-2008)

State law reference

Similar provisions, F.S. § 162.21.