(A) It shall be the duty of the Code Inspector to initiate enforcement proceedings of the various codes. No member of the CEB or a Special Magistrate shall have the power to initiate such enforcement proceedings.
(B) Except as provided in divisions (C) and (D), if a violation of the codes is found, the Code Inspector shall notify the violator and give him or her a reasonable time to correct the violation. The time for correction shall be no longer than 30 days. Should the violation continue beyond the time specified for correction, the Code Inspector shall notify the Town Clerk or the Clerk's designee and request a hearing. The CEB or Special Magistrate shall, through its clerical staff, schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in F.S. § 162.12 to said violator. At the option of the CEB or the Special Magistrate, notice may additionally be served by publication or posting as provided in F.S. § 162.12. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the CEB or Special Magistrate even if the violation has been corrected prior to the hearing, and the notice shall so state.
(C) If a repeat violation is found, the Code Inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the CEB or Special Magistrate and request a hearing. The CEB or Special Magistrate, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to F.S. § 162.12. The case may be presented to the CEB or Special Magistrate even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been corrected, the CEB or Special Magistrate retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay said costs as determined by the CEB or Special Magistrate.
(D) If the Code 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 Inspector shall make a reasonable effort to notify the violator and may immediately notify the CEB or Special Magistrate and request a hearing.
(E) If the owner of property that is subject to an enforcement proceeding before the CEB, 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 days after the date of the transfer. A failure to make the disclosures described in divisions (1), (2), and (3) 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.
(F) The time, date and place set for the CEB hearing or Special Magistrate hearing shall be scheduled and notice of the hearing shall be provided to the alleged violator and the Code Inspector by the Town Clerk or the Clerk's designee. If the Code Inspector has reason to believe a violation presents a serious threat to the public health, safety and welfare, or is irreparable or irreversible in nature, a special or emergency hearing may be called as provided herein.