§ 11-35. Conduct of hearing.

(a)

Upon request of the code enforcement officer/inspector, or at such other times as may be necessary, the chairman of the code enforcement board or special magistrate may call a hearing of the code enforcement board or special magistrate. A hearing also may be called by written notice signed by at least three (3) members of the code enforcement board or, in a proper case, by the special magistrate.

(b)

Minutes shall be kept of all hearings by the code enforcement board or special magistrate, and all hearings and proceedings shall be open to the public. The board of county commissioners shall provide clerical and administrative personnel as may be reasonably required by the code enforcement board or special magistrate for the proper performance of its duties.

(c)

The code enforcement board or special magistrate shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The code enforcement board or special magistrate shall take testimony from the code inspector, alleged violator and any witnesses. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

(d)

Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of this state. The burden of proof shall be upon the code inspector to show, by a preponderance of the evidence, that a violation exists.

(e)

Any member of the code enforcement board, or special magistrate, or the counsel to the code enforcement board, or to the special magistrate, may inquire of any witness before the code enforcement board or before the special magistrate. The alleged violator or his attorney, the code enforcement officer/inspector, or member of the County Attorney's staff shall be permitted to inquire of any witness before the code enforcement board or before the special magistrate and present brief opening and closing statements.

(f)

At the conclusion of the hearing, the code enforcement board or special magistrate shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted by this chapter. The finding by the code enforcement board shall be by motion approved by a majority of those members present and voting, except that at least four (4) members of the code enforcement board must vote in order for the action to be official. The order by the code enforcement board or special magistrate may include a notice that it must be complied with by a specified date, and that a fine may be imposed, as provided and under the conditions specified in section 11-34(d), the cost of repairs may be included along with the fine if the order is not complied with by such date, and include a statement that any person aggrieved by the order who was a party below may appeal in accordance with the procedures shown in this chapter. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors and assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors and assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the enforcement board or special magistrate shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

(g)

If the county prevails in prosecuting a case before the code enforcement board, the county shall be entitled to recover all costs incurred in prosecuting the case before the code enforcement board, and such costs may be included in the lien authorized under subsection 11-37(c).

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

State law reference

Conduct of hearing, F.S. § 162.07.