§ 11-34. Enforcement procedure.

(a)

It shall be the duty of the code enforcement officer/inspector to initiate enforcement proceedings of the various codes and ordinances. No member of the code enforcement board or the special magistrate shall have the power to initiate such enforcement proceedings.

(b)

Except as provided in subsections (c) and (d), if a violation of the codes or ordinances is found, the code enforcement officer/inspector shall notify the violator and give him a reasonable time to correct the violation. Should the violation continue past the time specified for correction, the code enforcement officer/inspector shall notify the code enforcement board or special magistrate and request a hearing. The code enforcement board or special magistrate, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in section 11-41 to such violator. At the option of the code enforcement board or special magistrate, notice may also be served by publication or posting as provided in section 11-41. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code enforcement officer/inspector, the case may be presented to the code enforcement board or special magistrate even if the violation has been corrected prior to the board hearing, and the notice shall so state.

(c)

If a repeat violation is found, the code enforcement officer/inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code enforcement officer/inspector, upon notifying the violator of a repeat violation, shall notify the code enforcement board or special magistrate and request a hearing. The code enforcement board, or special magistrate through its clerical staff, shall schedule a hearing and shall provide notice pursuant to section 11-41. The case may be presented to the enforcement board or special magistrate even if the repeat violation has been corrected prior to the board or special magistrate's hearing, and the notice shall so state

(d)

If the code enforcement officer/inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the code enforcement officer/inspector shall make a reasonable effort to notify the violator and may immediately notify the code enforcement board or special magistrate and request a hearing.

(e)

If the owner of property which is subject to an enforcement proceeding before an enforcement board, special magistrate, or court transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall:

(1)

Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee.

(2)

Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor.

(3)

Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding.

(4)

File a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five (5) days after the date of the transfer.

A failure to make the disclosures described in paragraphs (a), (b), and (c) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held.

(Code 1965, § 10-9; Ord. No. 82-19, § 9, 9-21-82; Ord. No. 87-37, § 9, 10-19-87; Ord. No. 89-16, § 7, 11-20-89; Ord. No. 94-24, § 2, 12-6-94; Ord. No. 98-16, § 3, 8-4-98; Ord. No. 2002-10, § 3, 8-13-02; Ord. No. 2002-14, § 6, 9-24-02; Ord. No. 2016-13 , § 2, 6-28-16)

State law reference

Similar provisions, F.S. § 162.06.