§ 11-31. Organization.  


Latest version.
  • (a)

    Composition . The code enforcement board shall consist of seven (7) members appointed by the board of county commissioners. Members of the code enforcement board shall be residents of the county.

    (b)

    Appointments . Appointments to the code enforcement board shall be made in accordance with applicable law and ordinances on the basis of experience or interest in the subject matter jurisdiction of the code enforcement board and in the sole discretion of the board of county commissioners. The membership of the code enforcement board shall, whenever possible, include:

    (1)

    An architect.

    (2)

    A businessperson.

    (3)

    An engineer/surveyor.

    (4)

    A general contractor.

    (5)

    A subcontractor.

    (6)

    A licensed real estate broker or licensed real estate salesperson.

    Subject to the preceding requirements for inclusion of certain professional specialties on the code enforcement board, each district of the county shall be represented by at least one (1) member.

    (c)

    Terms. Appointments to the code enforcement board shall be made for a term of three (3) years. A member may be reappointed by the board of county commissioners. An appointment to fill any vacancy on the code enforcement board shall be for the remainder of the unexpired term of office.

    (d)

    Vacancies; removal. If any member fails to attend two (2) of three (3) successive meetings without cause and without prior approval of the chair, the code enforcement board shall declare the member's office vacant, and the board of county commissioners shall promptly fill such vacancy. The members of the code enforcement board shall serve in accordance with the ordinances of the county and may be suspended and removed for cause as provided in such ordinances for removal of members of boards.

    (e)

    Officers; quorum; compensation. The members of the code enforcement board shall elect a chair and a vice-chair, who shall be voting members, from among the members of the code enforcement board. The presence of four (4) or more members shall constitute a quorum of the code enforcement board. Members of the code enforcement board shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the board of county commissioners or as are otherwise provided by law.

    (f)

    The board of county commissioners is authorized and hereby provides for the designation of one (1) or more county code enforcement special magistrates for the purposes of conducting administrative hearings regarding code violation cases brought by code enforcement officers, by resolution.

    (g)

    Members of the code enforcement board and the special magistrate shall avoid ex parte communications, when identifiable, with any person who is a party to a code enforcement proceeding. The foregoing however does not prohibit discussions between members of the code enforcement board or the special magistrate and county staff that pertain solely to scheduling and other administrative matters unrelated to the merits of the proceeding. If an ex parte communication occurs between a party and a member of the code enforcement board or the special magistrate, the member or the special magistrate shall disclose, and make a part of the record, the subject of the communication and the identity of the person, group, or entity with whom the communication took place, before final action on the matter. Any written communication received by a member of the code enforcement board or special magistrate that relates to a pending code enforcement proceeding shall be made a part of the record before final action on the matter.

(Code 1965, § 10-6; Ord. No. 82-19, § 6, 9-21-82; Ord. No. 87-37, § 6, 10-19-87; Ord. No. 93-06, § 1, 3-9-93; Ord. No. 94-24, § 1, 12-6-94; Ord. No. 98-16, § 1, 8-4-98; Ord. No. 2002-14, § 3, 9-24-02; Ord. No. 2016-13 , § 2, 6-28-16)

State law reference

Similar provisions, F.S. § 162.05(1)—(3).