§ 13-1-5. Enforcement procedures.

Except in instances where a code inspector has reason to believe that a code violation presents an immediate and serious threat to public health, safety and welfare, or where an alternative code enforcement process has been initiated, the code enforcement procedure under this chapter shall be as follows:

(1)

The code inspector shall initiate enforcement proceedings with respect to the City Code, based upon complaints or information coming to the attention of the inspector from another individual, or based upon the inspector's own observation or investigation.

(2)

Where the code inspector finds or is made aware of an apparent code violation, the code inspector shall notify the suspected violator and such notice of violation shall provide the suspected violator with a reasonable period of time within which to correct the apparent violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify the code enforcement authority staff and request that a hearing be scheduled before a special master. A hearing before the special master shall be scheduled and notice shall be provided to the violator as provided in section 13-1-1. A case may be presented to the special master even if the violation has been corrected prior to the hearing, and the notice shall so state.

(3)

If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the enforcement authority administrative staff and request that a hearing before a special master be scheduled. The code enforcement authority shall schedule a hearing before a special master and shall provide notice pursuant to F.S. § 162.12. The case may be presented to the special master even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been corrected, the code enforcement authority retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay said costs as determined by the special master.

(4)

If the code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the alleged violator, and may immediately proceed to request a hearing before a special master.

(5)

If the owner of property which is subject to an enforcement proceeding before a special master or a court or which has an unsatisfied, recorded code enforcement lien upon the property transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall:

(a)

Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee.

(b)

Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor.

(c)

Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding.

(d)

File a notice with the code enforcement authority of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five (5) days after the date of transfer.

(e)

A failure to make the disclosures described in subsections (a), (b) and (c) above, before the transfer, creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held.

(6)

Whenever a person has been notified of an apparent code violation by any code inspector, he or she may, within ten (10) days of such notification, request a hearing before a special master. The code enforcement authority staff shall schedule a hearing and provide notice to the person requesting the hearing in the same manner as if the hearing had been requested by a code inspector.

(Ord. No. 17-11, § 5, 9-8-11)