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(A) It shall be the duty of the Code Inspector to initiate enforcement proceedings of the various codes and ordinances of the town. At no time may Special Magistrate initiate enforcement proceedings.
(B) Except as provided in divisions (C) and (D) below, if the 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. Should the violation continue beyond the time specified for correction, the Code Inspector shall at his or her discretion issue a citation or notify the Special Magistrate and request a hearing. If requested the Special Magistrate shall schedule a hearing, and written notice of the hearing shall be mailed to or served upon the violator as provided in this chapter and F.S. § 162.12. At the option of the Special Magistrate, notice may additionally be served by publication or postings as provided by law in accordance with F.S. § 162.12. If the violation is corrected and then reoccurs 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 notify the Special Magistrate and request a hearing. The Special Magistrate shall provide notice as prescribed by this chapter and F.S. § 162.12. The case may be presented to the Special Magistrate even if the repeat violation has been corrected, the Special Magistrate retains the right to schedule a hearing to determine the cost and impose a payment of reasonable enforcement fees upon repeat violator. The repeat violator may choose to waive his or her right to this hearing and pay the cost as determined by the Special Magistrate.
(D) If the Code Inspector has reason to believe that 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 notify the Mayor and Special Magistrate and request a hearing.
(E) If the owner of the property which is subject to an enforcement proceeding before the Special Magistrate or a court transfers ownership of the property between the time the initial pleading was served and the time of hearing, the owner shall:
(1) Disclose in writing, the existence and nature of proceedings to the prospective transferee;
(2) Deliver to prospective transferee a copy of the pleading notices and other materials relating to the code enforcement proceedings 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; and
(4) File a notice with the code enforcement official of the transfer of property, with the identity and address of the new owner, copies of the disclosures made to the new owner, within five days after date of the transfer. A failure to make the disclosure described in divisions (E)(1) through (E)(3) above creates a rebuttal assumption of fraud. If the property is transferred before a hearing, the proceedings shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct violation before the hearing is held.
(Ord. 2006-11, passed 8-22-2006; Ord. 2013-07, passed 9-24-2013)