(A) The code compliance officers have the primary duty of enforcing the various codes and initiating enforcement proceedings before the Special Magistrate. No Special Magistrate shall have the power to initiate such enforcement proceedings.
(B) A code compliance officer may not initiate enforcement proceedings for a potential violation of a duly enacted code or ordinance by way of an anonymous complaint. A person who reports a potential violation of a code or an ordinance must provide his or her name and address to the city before an enforcement proceeding may occur. This division does not apply if the code enforcement officer has reason to believe that the violation presents an imminent threat to public health, safety, or welfare or imminent destruction of habitat or sensitive resources.
(C) Each case before the Special Magistrate shall be presented by the code compliance officer issuing the notice of violation, the code compliance supervisor, other person with knowledge of the violation or the attorney representing the city.
(D) All testimony shall be under oath and shall be recorded. The Special Magistrate shall take testimony from the code compliance officer and the alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(E) The Special Magistrate has discretion to continue a code enforcement hearing at any time and may request additional information from either party.
(F) If a code enforcement hearing is continued, a date certain for the continued code enforcement hearing shall be announced at the public hearing or a notice shall be provided to the respondent if a date is not available at the code enforcement hearing.
(G) Upon completion of all the evidence, the Special Magistrate shall close the code enforcement hearing.
(H) The Special Magistrate shall immediately deliberate in open session before the public. Although the public is welcome at the code enforcement hearings, they shall not be allowed to participate in or address the Special Magistrate during deliberation.
(I) After the conclusion of the hearing, the Special Magistrate shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief. The order shall include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions specified in F.S. § 162.09(1), as may be amended from time to time, the cost of repairs may be included along with the fine if the order is not complied with by the specified date.
(J) If the city prevails in enforcing a case before the Special Magistrate, it shall be entitled to recover all costs incurred in enforcing the case before the Special Magistrate, and in any appeals from the Special Magistrate's order. Such costs include but shall not be limited to: investigative costs, administrative costs, prosecution costs, and preparation of the record on appeal.
(K) A certified copy of the order required in division (I) may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, 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.
(L) In all proceedings and hearings before the Special Magistrate, the Special Magistrate shall not be empowered to consider or rule upon the validity of any city ordinance. The Special Magistrate shall presume the validity of all city ordinances, except where a court of competent jurisdiction has determined an ordinance to be invalid. Furthermore, the Special Magistrate shall not be empowered to determine if the Special Magistrate has jurisdiction with respect to any alleged violation of a city ordinance; if the alleged violation derives from any city ordinance, the Special Magistrate has jurisdiction and may proceed with the Special Magistrate's enforcement duties pursuant to F.S. Chapter 162, and the Code of Ordinances.
(Ord. 2022-11, passed 1-20-22)