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(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)
(A) The establishment of a fine and lien shall be consistent with and pursuant to the provisions of F.S. Ch. 162 as currently enacted or as amended from time to time.
(B) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land upon which the violation exists, and upon any other real or personal property owned by the violator. It may be enforced in the same manner as a court judgment by the sheriffs of the state, including levy against the personal property, but shall not be deemed otherwise to be a judgment of a court except for enforcement purposes. As authorized by law, the Special Magistrate may authorize the City Attorney to foreclose on duly recorded liens that have remained unpaid, or to sue to recover a money judgment for the amount of the lien, plus accrued interest. Property subject to a lien established by the Special Magistrate may be foreclosed by the city as provided in F.S. Ch. 162 as currently enacted or as may hereafter be amended or as otherwise authorized by law.
(C) Upon full payment of any lien, the Special Magistrate or the City Attorney, shall be authorized to execute and deliver a full satisfaction of the lien to the violator, or his or her representative, for their recording.
(D) Fines imposed under this section shall not exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be irreparable or irreversible in nature.
(E) The Special Magistrate may impose additional fines to cover all costs incurred by the City in enforcing its codes and all costs of repairs incurred pursuant to Section 162.09(1), Florida Statutes.
(F) In determining the amount of fines, the Special Magistrate shall consider the following factors:
(1) the gravity of the violation;
(2) any actions taken by the violator to correct the violation;
(3) any previous violations committed by the violator;
(4) the actual costs incurred by the city to prosecute the violation as demonstrated by receipts or testimony or other evidence; and
(5) the actual costs of repairs to the City due to the violation as evidenced by receipts or testimony or other evidence.
(G) No lien created pursuant to this section or pursuant to the provisions of F.S. Chapter 162 as currently enacted or as may be hereinafter amended may be abated in part or in full or otherwise released by action of the Special Magistrate after such time as:
(1) the Office of the City Attorney has commenced foreclosure proceedings or an action to recover a money judgment upon said lien; or
(2) the lien is the subject of any litigation in which the city is a party, or is the basis for the city’s inclusion as a party; or
(3) the lien has been referred by the city for formal collection action.
The Special Magistrate may, however, subsequently abate in part or in full, or release any such lien at the request of the city’s Finance Director, City Attorney or their designee upon completion of all requirements set forth in a final agreement with the city or based upon the final result of the litigation.
(Ord. 91-09, passed 11-6-90; Am. Ord. 2000-27, passed 12-14-99; Am. Ord. 2001-33, passed 1-23-01; Am. Ord. 2003-61, passed 7-22-03; Am. Ord. 2005-11, passed 11-23-04; Am. Ord. 2009-50, passed 9-8-09; Am. Ord. 2012-06, passed 10-25-11; Am. Ord. 2012- 28, passed 3-13-12; Am. Ord. 2013-68, passed 6-25-13)
(A) The provisions and procedures contained in this chapter shall be in addition and supplemental to any other remedies now existing or subsequently provided for by law, regarding violations of municipal ordinances.
(B) Additional Code Enforcement procedures may be adopted or approved by Resolution of the City Commission. Copies of any such procedures shall be maintained in the City Clerk's office and in the Special Magistrate Clerk's office.
(Ord. 91-09, passed 11-6-90; Am. Ord. 2005-11, passed 11-23-04)
(A) Citations.
(1) In addition to the procedures set forth in §§ 37.01 through 37.10, Code Enforcement Inspectors shall have the authority to initiate enforcement proceedings by issuing citations for civil infractions that may require an appearance of the violator before a county court judge or an administrative hearing before a Special Magistrate.
(2) A Code Enforcement Inspector who finds a violation of a code or ordinance shall have the authority to serve a notice of violation to the violator. Prior to issuing a citation, the Code Inspector shall provide a written notice to the person in violation that the person has committed a violation of a code or ordinance and establish a reasonable period of time for the person to correct the violation. Such time period shall be reasonable but shall be no more than 30 days. In making a determination of reasonableness the Code Inspector shall consider whether it is a repeat violation, whether the violation presents a serious threat to the public health, safety, or welfare, whether the violator is engaged in violations of an itinerant or transient nature, and whether the violation is irreparable or irreversible. If, upon personal investigation, the Code Inspector finds that the person has not corrected the violation within the designated time period, the Code Inspector may issue a citation for a civil infraction to the person who has committed the violation. In the event that a Code Inspector finds a violation of a code or ordinance to be a repeat violation, no additional time shall be given to correct the violation and the Code Inspector may issue an immediate citation to the violator. For purposes of this section, REPEAT VIOLATION shall mean a violation of a provision of a code or ordinance by a person who has been previously found by a quasi-judicial or judicial process, to have violated or who has admitted violating the
same provision within five years prior to the violation, notwithstanding the violations may occur at different locations.
(3) The citation form shall include, but not be limited to, the following:
(a) The date and time of issuance;
(b) The name and address of the person to whom the citation is issued;
(c) The date and time the civil infraction was committed;
(d) The facts constituting reasonable cause;
(e) The number or section of the code or ordinance violated;
(f) The name and authority of the code enforcement inspector;
(g) The procedure for the person cited to follow in order to pay the civil penalty or to contest the citation;
(h) The applicable civil penalty if the person cited elects to contest the citation;
(i) The applicable civil penalty if the person cited elects not to contest the citation;
(j) A conspicuous statement that if the person cited fails to pay the civil penalty within the time allowed, or fails to appear to contest the citation, the person shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty; and
(k) Notice that the person cited may be liable for reasonable costs of the hearing should the violator be found guilty of the violation.
(B) Options of persons issued a citation.
(1) Citation issued to appear in county court. The person who has been issued a citation to appear in county court shall:
(a) Correct the violation and pay the civil penalty in the manner and within the time indicated on the citation; or
(b) File a written request for a hearing to appeal the citation in the county court with the city's Special Magistrate Clerk's Office no later than ten calendar days after service of the citation, and appear on the designated court date to appeal the citation before a county judge. Failure to pay the civil penalty or timely request a hearing, or failure to appear in county court on the designated court date after notice of same was provided by the Clerk of Courts or by other means, shall be deemed a waiver of the rights of the person to contest the citation and may result in the entry of a judgment by the court against the violator for an amount up to the maximum civil penalty per infraction, plus court costs.
(c) At any hearing in the County Court, pursuant to this subsection, any violation must be proven by a preponderance of the evidence. The Florida Rules of Civil Procedure and the Florida Evidence Code shall be applicable.
(2) Citations issued to appear before a Special Magistrate. The person who has been issued a citation to appear before a Special Magistrate shall:
(a) Correct the violation and pay the civil penalty in the manner and within the time indicated on the citation; or
(b) Request an administrative hearing before a Special Magistrate to appeal the citation. Said appeal shall be filed with the Special Magistrate Clerk's office no later than ten calendar days after the service of the citation. Failure of the violator to timely pay the civil penalty or to timely request a hearing before the Special Magistrate to appeal the citation shall constitute a waiver of the violator's right to an administrative hearing. A waiver of the right to an administrative hearing or failure to appear at such scheduled hearing after notice of same was provided by the Special Magistrate Clerk may result in the imposition of a fine by the Special Magistrate against the violator for an amount up to the maximum civil penalty.
(c) Upon receipt of a timely request for an administrative hearing to appeal a citation, the Special Magistrate Clerk shall schedule the hearing on the next available regularly scheduled Special Magistrate hearing date or as soon thereafter as possible.
(d) The Special Magistrate Clerk shall send a notice of hearing by certified and regular mail to the address provided on the request for an administrative hearing.
(e) The notice of administrative hearing before the Special Magistrate shall include:
1. Notice that the violator must appear and that failure to do so may result in a civil penalty being assessed in their absence;
2. Notice that the violator may be represented by counsel and that they may present witnesses and evidence at the hearing; and
3. Notice that the violator will be responsible for a verbatim record of the hearing should they decide to appeal the decision of the Special Magistrate.
(f) At any hearing before the Special Magistrate pursuant to this section, the standard of proof for any violation shall be the preponderance of the evidence.
(C) Enforcement options. The provisions of this section are additional and supplemental means of enforcing the city's Code of Ordinances and shall not prohibit the city from enforcement by any other means.
(D) Civil penalties. The City Commission shall set its schedule of civil penalties, as may be amended from time to time. For the first repeat violation or any subsequent repeat violation, the amount of the civil penalty shall be double the amount of the original penalty; however, the maximum civil penalty, per any violation, shall not exceed $500. For purposes of continuing violations, each day shall constitute a separate violation.
(E) Establishment, collection and recovery of civil penalties and costs.
(1) The Special Magistrate Clerk's office shall provide the appropriate guidelines and procedures for the administration, collection, recordkeeping, reporting, and accountability of fines assessed by a Special Magistrate under this section.
(2) The city may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties.
(3) If a county court judge finds that a violation occurred, the judge may impose the civil penalty previously set, plus court costs, the city's costs of prosecution of the violation, and may order that said fines and costs be paid directly to the city. Failure to pay the court ordered fines within the time period ordered may result in the issuance of a rule to show cause by the court upon request of the city. Any person who fails to appear before the court to show cause why the ordered fine has not been paid may be held in contempt of court.
(4) The city may, as an additional remedy, refer unpaid court ordered fines and costs to a debt collection agency for collection, including notice to credit bureaus. Any collection fees including any attorney's fees paid to a collection agency shall be in accordance with applicable Florida and federal law.
(5) If the Special Magistrate finds that a violation occurred and assesses the fine, or if the violator does not contest the citation as provided under this section, and the violator fails to pay the applicable fine, the Special Magistrate may enter an order imposing the fines previously set, plus costs of prosecution.
(a) A certified copy of the order imposing a civil penalty and costs may be recorded in the public records, and thereafter shall constitute a lien against the real or personal property of the violator in the county. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of the state, including a levy against personal property, but not be deemed to be a court judgment except for enforcement purposes. Establishment and collection of a fine and lien shall be consistent with the provisions of F.S. Chapter 162, and § 37.10.
(b) The city may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties.
(c) The city may, for the purpose of collecting any delinquent civil penalties or costs from a violator, whether or not reduced to a lien, refer the delinquency to a debt collection agency for collection and notice to credit bureaus. Any collection fees including any attorney's fees, paid to any collection agency shall be in accordance with applicable Florida and federal law.
(F) Appeals.
(1) A party may appeal a decision of a Special Magistrate issued per this section to the circuit court as provided by F.S. § 162.11, and by the Florida Rules of Appellate Procedure.
(2) A party may appeal a decision of a County Court Judge per this section to the Circuit Court as provided by the Florida Rules of Appellate Procedure.
(G) Release of liens. Fines and liens created pursuant to this section may be discharged and satisfied by paying the amount specified in the notice of fine or lien, together with the administrative costs, filing and recording fees and fees paid to file a satisfaction of the lien in the public records. When such fine or lien has been paid, the city shall execute and shall record a satisfaction discharging the fine or lien in the public records.
(H) Penalties. All civil violations cited under this section shall be imposed a penalty of $200 for violations that are uncontested, $250 for contested violations, and $500 for repeat violations.
(Ord. 2013-61, passed 5-28-13; Am. Ord. 2014-11, passed 12-10-13; Am. Ord. 2020-53, passed 4-28-20)