§ 18-104. Hearings.

(a)

An aggrieved party may contest the determination of a code enforcement officer, or an individual designated by the board of county commissioners as a code enforcement officer, that a notice of violation is warranted for the subject newsrack, by requesting a hearing before the county code enforcement board within seven (7) days after notice is received, or the offending newsrack is posted.

(b)

The request for hearing shall:

(1)

Be in writing;

(2)

Shall be addressed to the code enforcement officer; and

(3)

Shall either be hand-delivered to the county zoning and code enforcement department, or sent via U.S. Postal Service, prepaid, certified mail to same and postmarked within the seven (7) day period after notice is received.

(c)

Upon receipt of a timely request for hearing, the code enforcement officer shall schedule a hearing before the code enforcement board. Subsequently, the code enforcement officer shall notify the newsrack provider, or any other interested persons, of the date of the scheduled hearing. Pursuant to F.S. ch. 162, unless otherwise specified by this article, the code enforcement board shall provide the enforcement officer and the newsrack provider, or any other interested persons, an opportunity to present evidence and to examine and/or cross-examine witnesses. After considering the evidence and testimony, the code enforcement board shall make a factual determination as to whether the newsrack is in violation of this article. If the violation has not been corrected or the newsrack has not been removed, within five (5) days after the date of a factual determination that the newsrack is in violation of this article, the code enforcement board shall direct the officer to remove the newsrack and/or impose any other penalty, consistent with the provisions of this article, which the code enforcement board deems appropriate.

(Ord. No. 01-15, § 14, 10-29-01)