§ 13-1-4. Special master authority and qualifications.

(a)

The city council shall designate one (1) or more special masters who shall have the authority to hold hearings, command compliance, and assess fines against violators of the city codes and ordinances. Each special master shall have the authority to:

(1)

Subpoena alleged violators and witnesses to hearings through service by the chief of police if the person or entity being subpoenaed is located in the city limits, or through service by the Escambia County Sheriff;

(2)

Subpoena evidence to hearings;

(3)

Take testimony under oath or affirmation;

(4)

Issue orders having the force of law to command whatever steps may be reasonably necessary to bring a violation into compliance; and

(5)

Conduct hearings in an orderly manner, in accordance with the requirements of due process and all requirements of law.

(6)

Impose fines upon violators and persons responsible, pursuant to law.

(7)

Upon entering a finding that a violation or repeat violation exists, a special master may simultaneously or at a later time direct the responsible party to take steps to cure the violation within a reasonable, specified period of time, and may further direct that in the event that the responsible party fails to cure the violation in the time specified, the city may enter upon the property and cure or remove the violation, either by doing so directly or by a third party contract. The order shall further provide that in the event the city cures or removes the violation itself or by third party contract, the reasonable cost to the city for its time, labor, and expenses or contract payment shall be borne by the responsible party and shall become a lien upon any and all real or personal property of the responsible party, wherever situate, enforceable according to law. Such lien and the debt, which it reflects, shall constitute a special assessment by the city upon the property which was the subject of the violation, for the improvement of such property. Effective October 1, 2011, any, code enforcement lien shall be superior in dignity to all other taxes, liens, titles, encumbrances, and claims until paid, except as set forth in F.S. Ch. 197, or if in conflict with state or federal law. The priority of code enforcement liens versus mortgages, liens and encumbrances in existence prior to October 1, 2011, shall be determined upon the date of recording of the lien.

(b)

No special master shall have the power to initiate enforcement proceedings.

(c)

Special masters shall be members of the Florida Bar in good standing, shall have no less than five (5) years' experience practicing law, which experience shall include courtroom and administrative hearing experience. Special masters shall not be employees of the city or hold any other office with the city government. Special masters appointed by the city council shall hold office until such time as they are removed with or without cause by the city council pursuant to the City Charter, and shall comply with the Code of Ethics of the State of Florida and the City of Pensacola.

(d)

The city council may, by ordinance, specify that the special masters appointed under this section shall perform additional duties as hearing officers conducting quasi-judicial hearings as council may, in its discretion, so designate.

(Ord. No. 17-11, § 4, 9-8-11)