(a) Administrative procedures. Upon request of the Code Inspector, or at such other time as may be necessary, the special magistrate or Town Manager, through clerical staff, may call a hearing. The special magistrate shall cause minutes to be kept of all hearings and all hearings and records shall be open to the public. The Town Commission shall provide clerical and administrative personnel as may be reasonably required by the special magistrate for the proper performance of designated duties. The special magistrate may, at any hearing, set future hearing dates and may postpone or continue any matter before the special magistrate to a future date.
(b) Representation. Each case before the special magistrate shall be presented either by the Town Attorney, by the Code Inspector or by the Town Manager or designee. If the Town prevails in prosecuting a case it shall be entitled to recover all costs incurred in prosecuting the case before the special magistrate and such costs may be included in the lien authorized by § 162.07(2), Fla. Stat. Any person accused of a violation may be represented by counsel at the hearing.
(c) Order of procedure and rules of evidence. At any given hearing, the special magistrate shall first take testimony and receive evidence from the Town, and the Town shall have the burden of proving the existence of the alleged violation by the preponderance of the evidence. At the conclusion of the presentation of the evidence of the Town, the alleged violator may present a case and submit evidence. Formal rules of evidence shall not apply, but fundamental procedural due process shall be observed and shall govern the said proceedings. All testimony shall be under oath and recorded.
(d) Findings and orders. At the conclusion of the hearing, the special magistrate shall make a finding of fact, based on the evidence of record, and conclusions of law, and shall issue an order affording such relief as may be consistent with the powers granted herein. The findings and order shall be presented in written form and shall be served personally or by certified mail/return receipt requested upon the violator. The order may include a notice that the order must be complied with by a specific date and that a fine may be imposed if the order is not complied with by said date as provided in § 162.09(1), Fla. Stat. The order may specify the amount of the fine to be imposed and the date on which the fine will commence if the violation is not corrected. If the Town prevails in prosecuting a case before the special magistrate, the cost of prosecution shall be included in the initial order and in any lien authorized under § 11-21 if not paid prior to recording of the lien. The cost of repairs, along with the fine, shall be included in any lien authorized under § 11-21 if the order is not complied with by said date. A certified copy of the initial order may be recorded in the public records of the county and shall constitute notice to all subsequent purchases, successors in interest, or as assigned, if the violation concerns with real property and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchases, successors in interests, or 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 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 provided by the general laws of Florida applicable to code enforcement.
(Ord. 2020-05, adopted 10-21-20)