(A) The Chairman of the Code Enforcement Board may call hearings of the Board. Hearings may also be called by written notice signed by at least three members of the Code Enforcement Board. At any hearing, the Code Enforcement Board may set a future hearing date. The Code Enforcement Board shall attempt to convene no less frequently than once every two months, but it may meet more or less often as the demand necessitates. Minutes shall be kept of all hearings by the Code Enforcement Board, and all hearings and proceedings shall be open to the public. The City Commission shall provide clerical and administrative personnel as may be reasonably required by the Enforcement Board for the proper performance of its duties.
(B) Each case before the Code Enforcement Board shall be presented by the City Attorney or by a member of the administrative staff of the city. If the city prevails in prosecuting a case before the Code Enforcement Board, it shall be entitled to recover all cost incurred in prosecuting the case before the Board.
(C) The Code Enforcement Board shall proceed to hear the cases on the agenda and prepared docket for that day or evening. All testimony shall be under oath and shall be recorded. The Code Enforcement Board shall take testimony from the Code Inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(D) At the conclusion of the hearing, the Code Enforcement Board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue a formal order affording the proper relief consistent with the powers granted herein and in F.S. Chapter 162. The findings shall be by motion approved by a majority of those present and voting; however, at least a majority of the members of the Code Enforcement Board must vote in order for the action to be official. 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), all costs of repairs may be included along with the fine if the order is not complied with by such date. Except when such compliance is impracticable or impossible within a year, the order shall provide that the date of such compliance be within one year of the date the order is entered by the Code Enforcement Board. A certified copy of such order 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 subchapter and the order is complied with by the date specified in the order, the Enforcement Board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such order acknowledging compliance. (Ord. 668, passed 10-5-83; Am. Ord. 937, passed 11-7-90; Am. Ord. 1101, passed 10-2-94; Am. Ord. 1173, passed 8-7-96; Am. Ord. 1697, passed 9-7-11)