(a) It shall be the duty of the Code Inspector to initiate enforcement proceedings of violations of the Town codes and ordinances. The special magistrate shall not have the power to initiate such enforcement proceedings.
(b) Except as provided in divisions (c) and (d) of this section, if a violation of a particular code is
found, the Code Inspector shall notify the violator and give a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the Code Inspector shall set a hearing before the special magistrate and notify the respondent of the hearing pursuant to § 162.12, Fla. Stat., or as such section may be amended. 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 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 set a hearing before the special magistrate and notify the respondent of the hearing pursuant to § 162.12, Fla. Stat., or as such section may be amended. The case may be presented to the special magistrate even if the violation has been corrected prior to the Board hearing and the notice shall so state.
(d) If the Code Inspector has reason to believe a 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 set a hearing before the special magistrate.
(e) If the owner of property that is subject to an enforcement proceeding before the 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 Inspector 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.
(5) 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. Nothing herein shall prevent the Town from continuing to prosecute the pending code enforcement proceeding to its conclusion against either the previous owner and/or the new owner.
(f) All notices required to be made as part of the Town's code enforcement process shall be made as provided in § 162.12, Fla. Stat., or as such section may be amended.
(§§ 162.02, 162.07 Fla. Stat.) (Ord. 87-05, passed 4-14-87; Am. Ord. 2012-01, adopted 3-21-12; Am. Ord. 2020-05, adopted 10-21-20)