HomeMy WebLinkAbout1998 07 21 Copy of Florida Statutes Chapter 162.12... ~~
COUNTY
MUNICIPAL CODE ENFOR
enforcement board. An appeal shall be filed within 30
days of the execution of the order to be appealed.
History.-s t, cn g0-Jpp. s t0. ut 82-J~, s J. crt 85-t50, s t0. cn 8G_2pt
Nob.-Former s t66o8t
182.12 Notices.-
(1) All notices required by this part shall be provide
to the alleged violator by certified mail, return recei
requested; by hand delivery by the sheriff or other la
enforcement officer, code inspector, or other peroo
designated by the total governing body; or by leavin
the notice at the violator's usual place of residence wit
any person residing therein who is above 15 years of ag
and informing such person of the contents of the notic
(2) In addition to providing notice as set forth in su
section (1), at the option of the code enforcement boar
notice may also be served by publication or posting, a
follows:
(a)1. Such notice shall be published once Burin
each week for 4 consecutive weeks (four publication
being sufficient) in a newspaper of general circulation i
the county where the code enforcement board i
located. The newspaper shall meet such requirement
as are prescribed under chapter 50 for legal and officio
advertisements.
2. Proof of publication shall be made as provided in
ss. 50.041 and 50.051.
(b)1. In lieu of publication as described in para-
graph (a), such notice may be posted for at least 10 days
in at least two locations, one of which shall be the prop-
erty upon which the violation is alleged to exist and the
other of which shall be, in the case of municipalities, at
the primary municipal government office, and in the
case of counties, at the front door of the courthouse in
said county.
2. Proof of posting shall be by affidavit of the per-
son posting the notice, which affidavit shall include a
copy of the notice posted and the date and places of its
posting.
(c) Notice by publication or posting may run concur-
rently with, or may follow, an attempt or attempts to pro-
vide notice by hand delivery or by mail as required under
subsection (1).
Evidence that an attempt has been made to hand
deliver or mail notice as provided in subsection (i),
together with proof of publication or posting as provided
in subsection (2), shall be sufficient to show that the
notice requirements of this part have been met, without
regard to whether or not the alleged violator actually
received such notice.
History.-s. t, ch. 80-300; s. t t, ch. 86-201; s. 3, ch. 87-391; s. t0, ch. 89-2Gg;
s. 6, ch. 91-291.
Hob.-Former s. t 6ti 062.
182.13 Provisions of act supplemental.-It is the
legislative intent of ss. 162.01-162.12 to provide an addi-
tional or supplemental means of obtaining compliance
with local codes. Nothing contained in ss. 162.01-
162.12 shall prohibit a local governing body from enforc-
ing its codes by any other means.
Ml~tory.-s. tt, cn. 82-37.
PART II
SUPPLEMENTAL COUNTY OR MUNICIPAL CODE
OR ORDINANCE ENFORCEMENT PROCEDURES
F.S. 1995
162.21 Enforcement of county or municipal codes or
ordinances; penalties.
162.22 Designation of enforcement methods and pen•
allies for violation of municipal ordinances.
d 182.21 Enforcement of county or municipal codes
pt or ordinances; penaltles.-
w (1) As used in this section, "code enforcement
n officer" means any designated employee or agent of a
g county or municipality whose duty it is to enforce codes
h and ordinances enacted by the county or municipality.
e (2) A county or a municipality may designate certain
e. of its employees or agents as code enforcement offi-
b- cers. The training and qualifications of the employees or
d, agents for such designation shall be determined by the
s county or the municipality. Employees or agents who
may be designated as bode enforcement officers may
9 include, but are not limited to, code inspectors, law
s enforcement officers, animal control officers, or
n firesafety inspectors. Designation as a code enforce-
s ment officer does not provide the code enforcement offi-
s ter with the power of arrest or subject the code enforce-
I moment officer to the provisions of ss. 943.085-943.255.
Nothing in this section amends, alters, or contravenes
the provisions of any state-administered retirement sys-
~ tem or any state-supported retirement system estab-
~ lished by general law.
(3)(a) A code enforcement officer is authorized to
issue a citation to a person when, based upon personal
investigation, the officer has reasonable cause to
believe that the person has committed a civil infraction
in violation of a duly enacted code or ordinance and that
i the county court will hear the charge.
(b) Prior to issuing a citation, a code enforcement
officer shall provide notice to the person that the person
has committed a violation of a code or ordinance and
shall establish a reasonable time period within which the
person must correct the violation. Such time period shall
be no more than 30 days. If, upon personal investigation,
a code enforcement officer finds that the person has not
corrected the violation within the time period, a code
enforcement officer may issue a citation to the person
who has committed the violation. A code enforcement
officer does not have to provide the person with a rea-
sonable time period to correct the violation prior to issu-
ing acitation and may immediately issue a citation if a
repeat violation is found or if the code enforcement offi-
cer has reason to believe that the violation presents a
serious threat to the public health, safety, or welfare, or
if the violation is irreparable or irreversible.
(c) A citation issued by a code enforcement officer
shall be in a form prescribed by the county or the munici-
pality and shall contain:
1. The date and time of issuance.
2. The name and address of the person to whom
the citation is issued.
3. The date and time the civil infraction was com-
mitted.
4. The facts constituting reasonable cause.
5. The number or section of the code or ordinance
violated.
6. The name and authority of the code enforcement
officer.
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