HomeMy WebLinkAbout1998 07 21 Florida States Chapter 162E.S. 1995 COUNTY OR MUNICIPAL CODE ENFORCEMENT Ch. 182
CHAPTER 182
COUNTY OR MUNICIPAL CODE ENFORCEMENT
PART I LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (ss. 182.01-182.13)
PART II SUPPLEMENTAL COUNTY OR MUNICIPAL CODE OR ORDINANCE
ENFORCEMENT PROCEDURES (ss. 182.21, 162.22)
PART 1
LOCAL GOVERNMENT CODE
ENFORCEMENT BOARDS
162.01 Short title.
162.02 Intent.
162.03 Applicability.
162.04 Definitions.
162.05 Local government code enforcement boards:
organization.
162.06 Enforcement procedure.
162.07 Conduct of hearing.
162.08 Powers of enforcement boards.
162.09 Administrative fines; costs of repair; liens.
162.10 Duration of lien.
162.11 Appeals.
t 62.12 Notices.
162.13 Provisions of act supplemental.
182.01 Short title.-Sections 162.01-162.13 may be
cited as the 'Local Government Code Enforcement
Boards Act.'
Mlstory.-s t. cn. BU-300; s. 72. ch. 81-259; s. 1, ch. 82-37
Hots.-formers 166.051.
162.02 Inters.-It is the intent of this part to pro-
mote, protect, and improve the health, safety, and wel-
fare of the citizens of the counties and municipalities of
this state by authorizing the creation of administrative
boards with authority to impose administrative fines and
other noncriminal penalties to provide an equitable,
expeditious, effective, and inexpensive method of
enforcing any codes and ordinances in force in counties
and municipaltties, where a pending or repeated viola-
tion continues to exist.
History.-s t, cn 80300. s 2. ct+ 82-37, s t, cn 85.150, s t. en 86-201, s
t, cn 89-268
Hots.-Famer s 166062
182.03 Applicsbilitll.-
(1) Each county or municipality may, at its option,
create or abolish by ordinance local government code
enforcement boards as provided herein.
(2) A charter county, a noncharter county, or a
municipality may, by ordinance, adopt an alternate code
enforcement system which gives code enforcement
boards or special masters designated by the local gov-
erning body, or both, the authority to hold hearings and
assess fines against violators of the respective county
or municipal codes and ordinances.
History.-ss t. 2. cl+ 80-300. s 3. cn 82-J7, s 2. en 86-201, s t. cn 87.129.
s 2. cn 84-268
Hots.-Formers 166063
182.0 Definitions.-As used in ss. 162.01-162.13,
the term:
(1) "Local governing body" means the governing
body of the county or municipality, however designated.
(2) "Code inspector" means any authorized agent or
employee of the county or municipality whose duty it is
to assure code compliance.
(3) "Local governing body attorney" means the legal
counselor for the county or municipality.
(4) "Enforcement board" means a local government
code enforcement board.
(5) "Repeat violation" means a violation of a provision
of a code or ordinance by a person whom the code
enforcement board has previously found to have vio-
lated the same provision within 5 years prior to the viola-
tion.
History.-a. t, ch. 80-300: a. 4, ch. 92-37; a. t0, cn. t13-21ti: s. J, ch. 86-201: a.
3, ch. 89-268.
Hole.-Fortner s. 166.051.
182.05 Local government code enforcement
boards; organization.-
(1) The local governing body may appoint one or
more code enforcement boards and legal counsel for
the enforcement boards. The local governing body of a
county or a municipality that ha; a population of less
than 5,000 persons may appoint five-member or seven-
member code enforcement boards. The local governing
body of a county or a municipality that has a population
equal to or greater than 5,000 persons must appoint
seven-member code enforcement boards. The local
governing body may appoint up to two alternate mem•
hers for each code enforcement board to serve on the
board in the absence of board members.
(2) Members of the enforcement boards shall be res-
idents of the municipality, in the case of municipal
enforcement boards, or residents of the county, in the
case of county enforcement boards. Appointments shall
be made in accordance with applicable law and ordi•
nances on the basis of experience or interest in the sub•
ject matter jurisdiction of the respective code enforce-
ment board, in the sole discretion of the local governing
body. The membership of each enforcement board
shall, whenever possible, include an architect, a
businessperson, an engineer, a general contractor, a
subcontractor, and a realtor.
(3)(a) The initial appointments to aseven-member
code enforcement board shall be as follows:
1. Two members appointed for a term of 1 year
each.
2. Three members appointed for a term of 2 years
each.
3. Two members appointed for a term of 3 years
each.
(b) The initial appointments to afive-member code
enforcement board shall be as follows:
1203
Ch. 1132 COUNTY OR MUNICIPAL CODE ENFORCEMENT F,g, 1t;1~
1. One member appointed for a term of 1 year.
' 2. Two members appointed for a term of 2 years
each.
3. Two members appointed for a term of 3 years
each.
Thereafter, any appointment shall be made for a term of
3 years.
(c) The local governing body of a county or a munici•
pality that has a population of less than 5,000 persons
may reduce aseven-member code enforcement board
to five members upon the simultaneous expiration of the
terms of office of two members of the board.
(d) A member may be reappointed upon approval of
the local goverrnng body.
(e) An appointment to fill any vacancy on an enforce-
ment board shall be for the remainder of the unexpired
term of office. If any member fails to attend two of three
successive meetings without cause and without prior
approval of the chair, the enforcement board shall
declare the member's office vacant, and the local gov•
erning body shall promptly fill such vacancy.
(f) The members shat) serve in accordance with
ordinances of the local governing body and may be sus•
pended and removed for cause as provided in such ordi•
nances for removal of members of boards.
(4) The members of an enforcement board shall
elect a chair, who shall be a voting member, from among
the members of the board. The presence of four or more
members shall constitute a quorum of any seven-
member enforcement board, and the presence of three
or more members shall constitute a quorum of any five-
member enforcement board. h~embers shall serve with-
out compensation, but may be reimbursed for such
travel, mileage, and per diem expenses as may be
authorized by the local governing body or as are other-
wise provided by law.
(5) The local governing body attorney shall either be
counsel to an enforcement board or shall represent the
municipality or county by presenting cases before the
enforcement board, but in no case shall the local govern-
ing body attorney serve in both capacities.
Mlttory.-s. t, ch. 80-300; s. 5, cn. 82-37; s. 4, cn. 86-201: a. 2, ch. 87-129; s.
I, ch 89-268; s. 1, eh 91-291; S. 1441, cfi 95-147.
Nou.-Former s. 166065.
162.Of3 Enforcement procedure.-
(1) It shall be the duty of the code inspector to ini-
tiate enforcement proceedings of the various codes;
however, no member of a board shall have the power to
initiate such enforcement proceedings.
(2) Except as provided in subsections (3) and (4), if
a violation of the codes is found, the code inspector shall
notify the violator and give him or her a reasonable time
to correct the violation. Should the vlo a Ion con In
beyond the time specified for correction, the code
inspector shall notify an enforcement board and request
a hearing. The code enforcement board, through its cler-
ical staff, shall schedule a hearing, and written notice of
such hearing shall be hand delivered or mailed as pro•
vided in s. 162.12 to said violator. At the option of the
code enforcement board, notice may additionally be
served by publication or posting as provided in s.
162.12. 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 pres•
ented to the enforcement board even if the violation has
been corrected prior to the board hearing, and the
notice shall so std.
(3) If a repeat violation is found, the code inspector
shall notify the violator but is not required to give the vio•
lator a reasonable time to correct the violation. The code
inspector, upon notifying the violator of a repeat viola-
tion, shall notify an enforcement board and request a
hearing. The code enforcement board, through its cleri•
cal staff, shall schedule a hearing and shalt provide
notice pursuant to s. 162.12. The case may be pres•
ented to the enforcement board even if the repeat viola-
tion has been corrected prior to the board hearing, and
the notice shall so state.
(4) If the code inspector has reason to believe a vio•
lation 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
enforcement board and request a hearing.
Mltettr>L-s t, cn 80-300; s 5. en. 9G-201: s t, ch 87-J9t, s 5. en 89-268: s
2. ch 94-291; s 1442. M 95-117.
Nola.-Formers 166056.
162.07 Conduct of hesring.-
(1) Upon request of the code inspector, or at such
other times as may be necessary, the chair of an
enforcement board may call a hearing of an enforcement
board; a hearing also may be called by written notice
signed by at least three members of aseven-member
enforcement board or signed by at least two members
of afive-member enforcement board. Minutes shall be
kept of all hearings by each enforcement board, and all
hearings and proceedings shall be open to the public.
The local governing body shall provide clerical and
administrative personnel as may be reasonably required
by each enforcement board for the proper performance
of its duties.
(2) Each case before an enforcement board shall be
presented by the local governing body attorney or by a
member of the administrative staff of the local governing
body. If the local governing body prevails in prosecuting
a case before the enforcement board, it 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 s. 162.09(3).
(3) An enforcement board shall proceed to hear the
cases on the agenda for that day. All testimony shall be
under oath and shall be recorded. The enforcement
board shall take testimony from the code inspector and
alleged violator. Formal rules of evidence shall not apply,
but fundamental due process shall be observed and
shall govern the proceedings.
(4) At the conclusion of the hearing, the enforce-
ment board shall issue findings of fact, based on evi-
dence of record and conclusions of law, and shall issue
an order affording the proper relief consistent with pow•
ers 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 entorcementboard, or three members of a frve-
1204 * See amendment, blue page 2, line 31,
and page 3, lines 1 through 6
F.S. 195 COUNTY OR MUNICIPAL CODE ENFORCEMENT Ch. 162
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 speci-
fied 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. A certified copy of such order may be rec-
orded in the public records of the county and shall con-
stitute notice to any subsequent purchasers, succes-
sors in interest, or assigns if the violation concerns real
property, and the findings therein shall be binding upon
the violator and, if the violation concerns real property,
any subsequent purchasers, successors in interest, or
assigns. If an order is recorded in the public records pur-
suant 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.
History.-s. 1, ch. 80-300: s. 6, ch. 82-37; s. 14, ch. 63-2t7; s. 6, ch. 86-201; s.
6, cn. 89-268: s. 3. ch. 94-291: s. t4s3. ch. 95-117; s. 2. ch. 95-297.
Note.-Former s. 166.057.
182.08 Powers of enforcement boards.-Each
enforcement board shall have the power to:
(1) Adopt rules for the conduct of its hearings.
(2) Subpoena alleged violators and witnesses to its
hearings. Subpoenas may be served by the sheriff of the
county or police department of the municipality.
(3) Subpoena evidence to its hearings.
(4) Take testimony under oath.
(5) Issue orders having the force of law to command
whatever steps are necessary to bring a violation into
compliance.
History.-s. t, ch. 60-300: s. 7, ch 82-37; s. 7, ch. 86-201: s. 7, eh. 89-268.
Note.-Former s. 166.068.
162.09 Administrative fines; costs of repair; liens.
(1) An enforcement board, upon notification by the
code inspector that an order of the enforcement board
has not been complied with by the set time or, upon find-
ing that a repeat violation has been committed, may
order the violator to pay a fine in an amount specified in
this section for each day the violation continues past the
date set by the enforcement board for compliance or, in
the case of a repeat violation, for each day the repeat
violation continues, beginning with the date the repeat
violation is found to have occurred by the code inspec-
tor. In addition, if the violation is a violation described in
s. 162.06(4), the enforcement board shall notify the local
governing body, which may make all reasonable repairs
which are required to bring the property into compliance
and charge the violator with the reasonable cost of the
repairs along with the fine imposed pursuant to this sec-
tion. If a finding of a violation or a repeat violation has
been made as provided in this part, a hearing shall not
be necessary for issuance of the order imposing the fine.
If, after due notice and hearing, a code enforcement
board finds a violation to be irreparable or irreversible in
nature, it may order the violator to pay a fine as specified
in paragraph (2xa).
(2Ka) A fine imposed pursuant to this section shall
not exceed $250 per day for a first violation and shall not
exceed $500 per day for a repeat violation, and, in addi-
tion, may include all costs of repairs pursuant to subsec-
tion (1). However, ii a code enforcement board finds the
violation to be irreparable or irreversible in nature, it may
impose a fine not to exceed $5,000 per violation.
(b) In determining the amount of the fine, if any, the
enforcement board shall consider the following factors:
1. The gravity of the violation;
2. Any actions taken by the violator to correct the
violation; and
3. Any previous violations committed by the viola-
tor.
(c) An enforcement board may reduce a fine
imposed pursuant to this section.
(3) A certified copy of an order imposing a fine may
be recorded in the public records and thereafter shall
constitute a lien against the land on which the violation
exists and upon any other real or personal property
owned by the violator. Upon petition to the circuit court,
such order may be enforced in the same manner as a
court judgment by the sheriffs of this state, including
levy against the personal property, but such order shall
not be deemed to be a court judgment except for
enforcement purposes. A fine imposed pursuant to this
part shall continue to accrue until the violator comes into
compliance or until judgment is rendered in a suit to
foreclose on a lien filed pursuant to this section, which-
ever occurs first. A lien arising from a fine imposed pur-
suant to this section runs in favor of the local governing
body, and the local governing body may execute a satis•
faction or release of lien entered pursuant to this sec-
lion. After 3 months from the filing of any such lien which
remains unpaid, the enforcement board may authorize
the local governing body attorney to foreclose on the
lien. No lien created pursuant to the provisions of this
part may be foreclosed on real property which is a home-
stead under s. 4, Art. X of the State Constitution.
Wstory.-s 1, ch. 80-300: s 5. ch 86-20t. s t. cn 87-39t, s S. cn 89-26B. s.
~. ch. 9~-291: s. 1, dt. 95-297.
Neb.-Former s. 166.069.
162.10 Duration of lien.-No lien provided under the
Local Government Code Enforcement Boards Act shall
continue for a period longer than 20 years after the certi-
fied copy of an order imposing a fine has been recorded,
unless within that time an action to foreclose on the lien
is commenced in a court of competent jurisdiction. In an
action to foreclose on a lien, the prevailing party is enti•
fled to recover all costs, including a reasonable attor-
ney's fee, that it incurs in the foreclosure. The local gov-
erning body shall be entitled to collect all costs incurred
in recording and satisfying a valid lien. The continuation
of the lien effected by the commencement of the action
shall not be good against creditors or subsequent pur•
chasers for valuable consideration without notice,
unless a notice of lis pendens is recorded.
FN~tery.-s 9. ch 82-37, s. 9, ch 86-201, s 9. u+ 89-268. s S. ch 4t-291
182.11 Appesls.-An aggrieved party, including the
local governing body, may appeal a final administrative
order of an enforcement board to the circuit court. Such
an appeal shall not be a hearing de novo but shall be lim-
ited to appellate review of the record created before the
Ch. 182 COUNTY OR MUNICIPAL CODE ENFORCEMENT F.S. 1>i9S
enforcement board. An appeal shall be filed within 30
days of the execution of the order to be appealed.
Mltltory.-s t, cn 80-JOp. s t0. cn 82-x). s 3. cn 85-150. s t0. cn 86-201
Nob.-Former: ,6606+
182.12 Notices.-
(1) All notices required by this part shall be provided
to the alleged violator by certified mail, return receipt
requested; by hand delivery by the sheriff or other law
enforcement officer, code inspector, or other person
designated by the total governing body; or by leaving
the notice at the violator's usual place of residence with
any person residing therein who is above 15 years of age
and informing such person of the contents of the notice.
(2) In addition to providing notice as set forth in sub•
section (1), at the option of the code enforcement board,
notice may also be served by publication or posting, as
follows:
(a)1. Such notice shall be published once during
each week for 4 consecutive weeks (four publications
being sufficient) in a newspaper of general circulation in
the county where the code enforcement board is
located. The newspaper shall meet such requirements
as are prescribed under chapter 50 for legal and official
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 (1),
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.
Mletory.-s. t, cn. 80-300; s. t 1, ch. 8C~2pt; s. 3. ch. 87-391: s. 10, cn. 89-268;
s 6. cn. 91-291.
Nob.-Former s. 166.062.
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-
162.12shall prohibit a local governing body from enforc-
ing its codes by any other means.
Nletory.-s. t t, cn 82-37.
PART II
SUPPLEMENTAL COUNTY OR MUNICIPAL CODE
OR ORDINANCE ENFORCEMENT PROCEDURES
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.
182.21 Enforcement of county or municipal codes
or ordinances; penaltjes.-
(1) As used in this section, 'code enforcement
officer' means any designated employee or agent of a
county or municipality whose duty it is to enforce codes
and ordinances enacted by the county or municipality.
(2) A county or a municipality may designate certain
of its employees or agents as code enforcement offi-
cers. The training and qualifications of the employees or
agents for such designation shall be determined by the
county or the municipality. Employees or agents who
may be designated as code enforcement officers may
include, but are not limited to, code inspectors, law
enforcement officers, animal control officers, or
firesafety inspectors. Designation as a code enforce-
mentofficer does not provide the code enforcement offi•
ter with the power of arrest or subject the code enforce-
ment 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 person I
investigation, the officer has re ona a cause to
be leve at the person has committed a civil infraction
in violation of a duly enacted code or ordinance and that
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.
1206
F.S. 1~S COUNTY OR MUNICIPAL CODE ENFORCEMENT Ch. 162
7.. The procedure for the person to folbw in order
to,pay the civil penalty or to contest the citation.
8. The applicable civil penalty if the person elects
to contest the citation.
9. The applicable civil penalty if the person elects
not to contest the citation.
10. A conspicuous statement that if the person fails
to pay the civil penalty within the time allowed, or fails
to appear in court to contest the citation, the person
shall be deemed to have waived his or her right to con-
test the citation and that, in such case, judgment may
be entered against the person for an amount up to the
maximum civil penalty.
(4) After issuing a citation to an alleged violator, a
code enforcement officer shall deposit the original cita-
tion and one copy of the citation with the county court.
(5) A county or a municipality is authorized to
enforce codes and ordinances under the provisions of
this section and may enact an ordinance establishing
procedures for the implementation of such provisions,
including a schedule of violations and penalties to be
assessed by code enforcement officers. If a county or
municipality chooses to enforce codes or ordinances
under the provisions of this section, each code or ordi-
nance or the ordinance enacted by the county or munici-
palityestablishing procedures for implementation of this
section shall provide:
(a) That a violation of a code or an ordinance is a civil
infraction.
(b) A maximum civil penalty not to exceed $500.
(c) A civil penalty of less than the maximum civil pen-
ally if the person who has committed the civil infraction
does not contest the citation.
(d) For the issuance of a citation by a code enforce-
ment officer who has reasonable cause to believe that
a person has committed an act in violation of a code or
an ordinance.
(e) For the contesting of a citation in county court.
(f) Such procedures and provisions as are neces-
sary to provide for the enforcement of a code or an ordi•
Hance under the provisions of this section.
(6) Any person who willfully refuses to sign and
accept a citation issued by a code enforcement officer
shall be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
(7) The provisions of this section shall not apply to
the enforcement pursuant to ss. 553.79 and 553.80 of
building codes adopted pursuant to s. 553.73 as they
apply to construction, provided that a building permit is
either not required or has been issued by the county or
the municipality. For the purposes of this subsection,
"building codes" means only those codes adopted pur•
suant to s. 553.73.
(8) The provisions of this section are additional and
supplemental means of enforcing county or municipal
codes or ordinances and may be used for the enforce-
ment of any code or ordinance, or for the enforcement
of all codes and ordinances. Nothing contained in this
section shall prohibit a county or municipality from
enforcing its codes or ordinances by any other means.
Notary.-s. t t, ch. 89-268::. 7, ch. 91-29t; s. t~41, cn. 96-t17.
162.22 Desl9nation of enforcement methods and
penalties for violation of municipal ordinances.-The
governing body of a municipality may designate the
enforcement methods and penalties to be imposed for
the violation of ordinances adopted by the municipality.
These enforcement methods may include, but are not
limited to, the issuance of a citation, a summons, or a
notice to appear in county court or arrest for violation of
municipal ordinances as provided for in chapter 901.
Unless otherwise specifically authorized and provided
for by law, a person convicted of violating a municipal
ordinance may be sentenced to pay a fine, not to
exceed $500, and may be sentenced to a definite term
of imprisonment, not to exceed 60 days, in a municipal
detention facility or other facility as authorized by law.
tibtory.-s. t, ch. 94-255.
162.23 -new section created. See
blue page 1, lines 18 through 31
and page 2, lines 1 through 18.
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ENROLLED
1996 Legialatur• CS/HB 2207, First Engrossed
An act relating to code enforcewent; creating
s. 162.23, F.S.; authorizing certain cod•
•nforcewsnt officers to issue certain notices
to appear undec certain circuwataneea;
specifying lack of authority to arrest;
providing critecia; awending s. 162.06, F.6.;
autborizing code •nfocceweat boards to conduct
hearings and iwpose enforcewent fee! under
certain cireuwatancea; awending s. 162.21,
F.S.; providing application; providing an
•ffectiv date.
0• It Enacted by the Legialatur• of the St^t• of Florida:
Section 1. Section 162.23, Florida St^tutea, is
created to read:
162.23 Nvtic• to aeee^r.--
(1) Notwithataediee a. 34.07. ^ code enforcewent
officer. deaianated eurauaet to a. 162.21(1) and (2). Ny
issue ^eotice to aoeear at ^ny hearine conducted 6v a county
court if the officer. booed ueon personal inveatieation. has
reaaonabl• cause to believe that the oeraon has violated ^
F,ode or ordinance. A eotice to ^ooear Nana ^ written order
iasusd by a code enforcewset o=(icer in lieu of ehvaic^1
arrest reouirino ^ eeraon accused of violative the law to
^ooear in a deaionated court or eovernwsntal office ^t ^
specified date and tiwe. It ^ eeraon iasusd ^ notice to
•ooear under thin section refuses to aien such notice. the
code •eforcaweet officer h^s eo ^uthority to ^rrest such
Berson.
1
COOING: Oaletiona are •~rieMen; additions are underlined.
ENROLLED
1996 Legialatur•
CS/HB 2207, First Engrossed
1 (2) Prior to iaauine a notice to aoeear. a cede
2 enforcewent officer shall Brovide written notice to the eorson
3 that the oeraon has conwitted a violation of ^ codo or
4 ordinance nd shall •atabliah ^ reasonable tine eeriod within
5 which the oeraon woof correct the violation. Such tine eeriod
6 shall bs no fawar than 5 days and no Wore then 30 days. It.
i
7 neon Beraonal investio^tivn. • code enforcewent officer finds
8 that the Berson h^a eat corrected the violation within the
9 Brescribed tiwe Bsriod. ^ code enforcenent officer way issue a
10 notice to aoeear to the oeraon who has connitted the
11 viol^tion A cod• enforcenent officer is not raouired to
12 provide the eeraon with a re^aonabl• tiwe eeriod to correct
13 the violation erior to iaauine ^ notice to aoeear and way
14 in_wwdiately iaau• ^ eotice to ^ooear if ^ repeat violation is
15 found, or if the code enforcewent officer has reason to
16 believe that the viol^tion Bresents a serious threat to the
l7 eublic health. s^fety, or welfare. or if the violation is
18 irree^r^bl• or irreversible.
19 Section 2. Subsection (3) of section 162.06, Florid•
20 Statutes, is ^Nadad LO read:
21 162.06 Entorcewent procedure.--
22 (3) If • repeat violation is found, the code inspector
23 shall notify the violator but is not required to give the
24 violator a reasonable tiwe to correct the violation. The cods
25 inspector, upon notifying the violator of • repast violation,
26 shall notify an enforcewent board and request a hearing. The
27 code enforcewent board, through its clerical staff, shall
2d schedule ^ hearing and shall provide notice pursuant to s.
29 162.12. The cane way be presented to the enforcewent board
30 even if the repeat violation has been corrected prior to the
31 board hescing, and the notice shell so state. If the recast
2
CODING: Deletions are e1~ieNen; additions are underlined.
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