§ 7-3. Conduct of code enforcement hearings.

(a)

Upon request of the code inspector or at such other times as may be necessary the chairperson of the board may call hearings of the board and hearings may also be called by written notice signed by at least three (3) members of the board. The board at any hearing may set a future hearing date. The board should attempt to convene no less frequently than once every two (2) months, but may meet more or less often as the demand necessitates. Minutes shall be kept of all hearings by the board and all hearings shall be open to the public. The board of county commissioners shall provide clerical and administrative personnel as may be reasonably required by the board for the proper performance of its duties.

(b)

If the code inspector prevails in prosecuting a case before the enforcement board, the county shall be entitled to recover all costs incurred in prosecuting the case before the board, and such costs may be included in the lien authorized under subsection 7-5(c).

(c)

The board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The board shall take testimony from the code inspector, the alleged violator, and such other competent witnesses as the enforcement board deems appropriate. Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern the proceedings.

(d)

Any member of the board, or counsel to the county, may inquire of any witness before the board. The code inspector and alleged violator, or his or her attorney, shall be permitted an inquiry of any witness before the board and to present brief opening and closing statements.

(e)

At the conclusion of the hearing, the board shall issue findings of fact, based on evidence of record, and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein. The finding shall be by motion approved by a majority of those members present and voting, except that at least four (4) members of the board must vote for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by the date, and cost of repairs may be included along with the fine if the order is not complied with by said date. 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 violation concerns real property, any subsequent purchasers, successors in interest or assigns. If an order is recorded in the public records pursuant to this subsection 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 an order acknowledging compliance.

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

State law reference

Similar provisions, F.S. § 162.07.