§ 7-2. Code enforcement procedures.

(a)

It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes; provided, however, no member of the board shall have the power to initiate such enforcement proceedings.

(b)

Except as provided in paragraphs (c) and (d), if a violation of the codes is found, the code inspector shall notify the alleged violator and give the alleged violator a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify the board and request a hearing. The board, through its clerical staff, shall schedule a hearing and written notice of such hearing shall be hand delivered or mailed as provided in section 7-7 to the alleged violator. At the option of the board, notice may additionally be served by publication or posting as provided in section 7-7. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the board even if the violation has been corrected prior to the board hearing, and the notice of hearing shall so state.

(c)

If the code inspector has reason to believe a violation or the condition causing the 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 board and request a hearing.

(d)

If a repeat violation (as defined in F.S. ch. 162) is found, the code inspector shall notify the alleged violator but is not required to give the alleged violator a reasonable time to correct the violation. The code inspector, upon notifying the alleged violator of a repeat violation, shall, notify the board and request a hearing. The board, through its clerical staff, shall schedule a hearing and shall provide notice as provided in section 7-7. The case may be presented to the board even if the repeat violation has been corrected prior to the board hearing, and the notice of hearing shall so state. If the repeat violation has been corrected, the board retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay said costs as determined by the board.

(Ord. No. 85-12, § 2; Ord. No. 86-1, § 2; Ord. No. 99-15, § 1, 5-17-99; Ord. No. 2016-54, § 3, 7-18-16)

State law reference

Similar provisions, F.S. § 162.06.