§ 11-64. Procedures; investigation of violations; issuance of citations.

(a)

A code enforcement officer is hereby authorized to issue a citation to any person for violation of any code or ordinance listed in Schedule A when, based upon personal investigation, the code enforcement officer has reasonable cause to believe that a violation has occurred. The word "person" shall have the meaning provided in section 1-2, Orange County Code.

(b)

Except as provided by subsection (c) below, the code enforcement officer shall provide notice to the person that the person has committed a violation of such code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period to correct the violation shall not exceed thirty (30) days.

(c)

A code enforcement officer is not required 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.

(d)

Written warning notices, if applicable, and citations shall be provided to the alleged violator by hand delivery by the code enforcement officer. In the absence of the alleged violator, issuance of a written warning notice or citation may be accomplished by leaving a copy at the alleged violator's residence with any person residing therein who is fifteen (15) years of age or older and informing the person of the contents, or by registered or certified mail, return receipt requested.

(e)

Issuance of a written warning notice or citation to a business may be accomplished by leaving a copy at the business during regular business hours with any employee and informing the employee of the contents, or by registered or certified mail, return receipt requested. Each employee of the business shall be deemed to be an agent of the business for service of warning notices and citations.

(f)

If upon personal investigation the code enforcement officer finds that the violation has not been corrected within the time period, a code enforcement officer may issue a citation for a civil infraction to the person accused of committing the violation.

(g)

The citation shall be in such form prescribed by the board of county commissioners and consistent with the requirements of F.S. ch. 162, part II.

(h)

Each violation of a code or ordinance is a separate civil infraction. Each day such violation continues shall be deemed to constitute a separate civil infraction.

(i)

The maximum civil penalty for each violation shall not exceed five hundred dollars ($500.00) plus any applicable court costs.

(j)

After issuing a citation to an alleged violator, the code enforcement officer shall:

(1)

Deposit the original citation and one (1) copy of the citation with the clerk of court for the county court;

(2)

Provide the person cited with one (1) copy; and

(3)

Retain one (1) copy in the code enforcement officer's department or division file.

(k)

If the person cited refuses to sign the citation, the code enforcement officer shall write the words "refused" or "refused to sign" in the space provided for the person's signature. The code enforcement officer shall then leave a copy of the citation with the person cited, if possible, and shall contact the Orange County Sheriff's Office to file the necessary reports alleging a violation of F.S. § 162.21(6), which provides that a person who willfully 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.

(Ord. No. 94-09, § 4, 5-10-94; Ord. No. 94-24, § 7, 12-6-94; Ord. No. 2016-13 , § 2, 6-28-16)