(A) The clerk for the Special Magistrate shall set a time and date for the hearing and notify the alleged violator and the code prosecutor. The violator shall be given at least seven working days' written notification of the hearing. The conduct of the hearing shall be consistent with F.S. Ch. 162 as currently enacted or as amended from time to time.
(B) In the event the Special Magistrate believes that a violation presents a serious threat to the public health, safety, and welfare, the Special Magistrate may direct the City Attorney to seek appropriate injunctive relief in the name of the city from the County Circuit Court.
(C) Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct evidence, but hearsay evidence shall not, in and of itself, be considered sufficient to support a finding or decision unless the evidence would be admissible over objections in a civil action.
(D) The alleged violator shall have the right to be represented by an attorney; however, the alleged violator or their attorney shall provide the city with written notice that an attorney is representing the violator's interest at least five working days prior to the scheduled date of the hearing.
(E) All testimony before the Special Magistrate shall be under oath and shall be recorded. The alleged violator or the city may cause the proceedings to be recorded by a certified court reporter or other certified recording instrument; however, the city shall be under no obligation to provide a certified court reporter or other certified recording instrument, but rather, the city may use a recording device of its choice to satisfy its obligation to record the meeting.
(F) The burden of proof shall be with the code inspector to show by the greater weight of the evidence that a code violation exists and that the alleged violator committed or was responsible for maintaining the violation.
(G) If written notice has been provided to an alleged violator of the hearing, a hearing may be conducted and an order rendered in the absence of the violator.
(H) The Special Magistrate may, for good cause shown, postpone or continue a hearing.
(Ord. 91-09, passed 11-6-90; Am. Ord. 2005-11, passed 11-23-04)