(A) As an alternative to the procedures set forth in §§ 36.25 and 36.26 hereof, the City of Hollywood hereby adopts alternate code enforcement procedures pursuant to F.S. §§ 162.03, 162.21 and 162.23 that provide authority to Code Inspectors to issue citations and notices to appear at a hearing conducted by a county court, and for Code Inspectors to issue citations for administrative hearings to be heard by designated Special Magistrates and assess fines against violators of the respective codes and ordinances within the city.
(B) Notices to appear.
(1) If a Code Inspector, based upon personal investigation, has reasonable cause to believe that a person has violated a code or ordinance, the Code Inspector shall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable period of time within which the person must correct the violation. Such time period shall be based on considerations of fairness, practicality, ease of correction, nature, extent and probability of danger or damage to the public or property, and any other relevant factor relating to the reasonableness of the time period to correct the violation. Such time period, however, shall be no fewer than five days and no more than 30 days.
(2) If, upon personal investigation, a Code Inspector finds that the person has not corrected the violation within the designated time period, the Code Inspector may issue a notice to appear to the person who has committed the violation. The notice to appear shall require the alleged violator to appear at a hearing in county court. If a person issued a notice to appear refuses to sign such notice, the Code Inspector has no authority to arrest such person; however, nothing precludes the Code Inspector from requesting the assistance of a law enforcement officer. The notice to appear from shall contain, but not be limited to the following:
(a) Date and time of issuance;
(b) Name of the Code Inspector and jurisdiction;
(c) Name and address of the violator;
(d) Code section that has been violated;
(e) Brief description of the nature of the violation, including location, date and time of the violation; and
(f) Date, time and location of the county court hearing, including the courthouse address, or a statement that the date, time and place of the court hearing will be set.
(3) The Code Inspector is not required to provide the alleged violator with a reasonable period of time to correct the violation prior to issuing the notice to appear if a repeat violation is found, or if the Code Inspector has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or that the violator is engaged in violations of an itinerant or transient nature, or if the violation is irreparable or irreversible. A repeat violation is a violation of a provision of the code or ordinance by a person who has been previously found in violation by a code enforcement board, or any other quasi-judicial or judicial process, to have violated, or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occur at different locations.
(C) Administrative citations.
(1) Prior to issuing an administrative citation, a Code Inspector shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days.
(2) If, upon personal investigation, a Code Inspector finds that the person has not corrected the violation within the time period, a Code Inspector may issue an administrative citation to the person who has committed the violation. A Code Inspector does not have to provide the person with a reasonable time period to correct the violation prior to issuing an administrative citation and may immediately issue an administrative citation if the Code Inspector 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.
(3) For an administrative citation which may result in an administrative hearing before a Special Magistrate, service of the citation shall be evidenced by a citation signed by the violator or by certified mail, return receipt requested, provided the citation is sent to the owner of the property in question at the address listed with the property appraiser's office and at any other address provided to the local government by such owner. If the certified mail is returned as unclaimed or refused, service may be provided by posting at least ten days prior to the scheduled hearing date, in at least two locations, one of which shall be the property upon which the violation exists and the other shall be in City Hall. In addition, a copy of the citation must be sent by first class mail. Proof of posting shall be by affidavit of the person posting the citation, which affidavit shall include a copy of the notice posted and the date and places of its posting.
(D) Options of persons issued a citation.
(1) Citation issued to appear in county court:
(a) The person who has been served with a citation to appear in county court shall either correct the violation, and pay the civil penalty in the manner indicated on the citation; or
(b) Appear on the designated court date and contest the citation before a county judge. Failure to appear in county court on the designated court date shall be deemed a waiver of the rights of the person to contest the citation and may result in the imposition of a fine against the violator for an amount up to the maximum civil penalty.
(2) Citation issued to appear before a Special Magistrate.
(a) The person who has been served with a citation to appear before a Special Magistrate shall either correct the violation, and pay the civil penalty in the manner indicated on the citation; or
(b) Request an administrative hearing before a Special Magistrate to appeal the decision of the Code Inspector. Said appeal shall be filed no later than ten calendar days after the service of the citation.
(c) Failure of the violator to appeal the decision of the Code Inspector within ten calendar days shall constitute a waiver of the violator's right to an administrative hearing. A waiver of the right to an administrative hearing may result in the imposition of a fine against the violator for an amount up to the maximum civil penalty.
(d) Should the violator appeal the citation and be found in violation by the Special Magistrate, in addition to the imposition of a fine, the violator shall be assessed an administrative cost of $50. The Special Magistrate shall not waive the administrative costs.
(e) Should the violator waive his/her/their right(s) to an administrative hearing, in addition to the imposition of the fine, the violator shall be assessed an administrative cost of $50 that shall not be waived by the Special Magistrate.
(E) A person who receives a citation from a Code Inspector for the violation of a city ordinance has committed a civil infraction and shall be subject to a fine in accordance with the following schedule:
(1) For the first violation, by a civil penalty of $75.
(2) For the second violation, by a civil penalty of $150.
(3) For the third violation, by a civil penalty of $250.
(4) For each additional violation, by a civil penalty of $500. Any person who fails to pay the appropriate civil penalty within the time allowed or who fails to appear in court to contest the citation shall be deemed to have waived his or her right to contest the citation, and judgment may be entered against the person for an amount not to exceed $500.
(5) For violations of this section involving fourth or subsequent violations, a court appearance shall be mandatory. In the event a mandatory court appearance is required, the citation must clearly inform the violator of such mandatory appearance, and records shall be maintained by the city code enforcement regarding such cases. Violators required to appear in court do not have the option of paying the civil penalty instead of such an appearance.
(6) Nothing contained in this section shall prohibit the city from enforcing its ordinances by any other means.
(F) Collection and recovery of civil penalties.
(1) The City Manager or his/her designee, shall provide appropriate guidelines and procedures for the administration, collection, recordkeeping, reporting and accountability of fines assessed under this section.
(2) The city may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties.
(3) If the Special Magistrate finds that a violation exists and assesses the fine, or if the violator does not contest the citation as provided under this section, and the violator fails to pay the applicable fine, the Special Magistrate may enter an order imposing the fines previously set, plus administrative costs. A certified copy of the order imposing a civil penalty, plus administrative costs, may be recorded in the public records and thereafter shall constitute a lien against the real or personal property of the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of the state, including a levy against personal property, but not be deemed to be a court judgment except for enforcement purposes. After three months from the filing of any such lien, the lien remains unpaid, the city may foreclose or otherwise execute on the lien. No lien created pursuant to the provisions of this section may be foreclosed on real property that is homestead under Section 4, Article X of the State Constitution.
(‘72 Code, § 1.5-11) (Ord. O-89-51, passed 8-30-89; Am. Ord. O-91-78, passed 11-6-91; Am. Ord. O-99-46, passed 12-15-99; Am. Ord. O-2009-30, passed 10-7-09; Am. Ord. O-2010-06, passed 3-3-10)