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HomeMy WebLinkAbout2024 06 28 Certified Mailing of Code Enforcement Board Orders.pdf7/29/24, 11:04 AM Certified mailing of CEB orders - Christian Gowan - Outlook Certified mailing of CEB orders Jennifer Nix <jnix@orlandolaw.net> Fri 6/28/2024 4:48 PM To:Christian Gowan <cgowan@winterspringsfl.org> EXTERNAL EMAIL: [Caution: Do not click on links or open any attachments unless you trust the sender and know the content is safe.] Christian, You asked about whether code enforcement board orders may be sent by first class mail rather than paying for certified mailing costs. As we previously discussed, Sec. 162.12(1), FS, provides that all notices must be provided to the alleged violator by certified mail, hand delivery, leaving notice with person 15 or older, or with a manager at a commercial premises. Code Enforcement Board orders are not explicitly addressed by such section of the statute. However, Section 162.07(4), FS, which addresses Conduct of Hearing, provides: At the conclusion of the hearing, the enforcement 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 members of a seven -member enforcement board, or three members of a five -member enforcement board, must vote in order 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 and, under the conditions specified in s. 162.09(1), the cost of repairs may be included along with the fine if the order is not complied with by said date. Given that the board orders include a "notice" relative to compliance dates, and potential fine amounts, the board orders should also be provided to respondents in accordance with Sec. 162.12(1), FS, and hence by certified mail when mailed. Moreover, caselaw which addresses due process, such as Massey v. Charlotte, 842 So.2d 142, would support this recommendation. In that case, the court stated that "In order to determine what process is constitutionally required, at least three factors are relevant: (1) the private interest that will be affected by the official action; (2) the risk of erroneous deprivation of such interest through the procedures used and the probable value, if any, of additional or substitute safeguards; and (3) the government's interests, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirements would entail" The cost -savings in sending the CEB orders via first-class mail rather than via certified mail is not worth the potential risk of litigation for asserted procedural due process violations. If you would like to further discuss, let me know. Thank you, Jen RGANE E 1 WEISS AGRE TA & SALZMAN his A'r'roP.NEYs AT LAW Garganese, Weiss, D'Agresta, & Salzman, P.A. Jennifer B. Nix, Senior Attorney about:blank 1 /2 7/29/24, 11:04 AM Certified mailing of CEB orders - Christian Gowan - Outlook 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net Email: jnix@orlandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time -sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. about:blank 2/2