§ 2-69. Enforcement procedure.

(a)

An employee of the town who is duly authorized by the town manager and responsible for the enforcement of such ordinances, hereinafter referred to as a "code enforcement officer," may initiate code enforcement proceedings and issue citations or notices of violation to a person or persons to appear in front of the special magistrate when the code enforcement officer, upon personal investigation, has reasonable cause to believe that the person or persons are in violation of the codes cited in this division. Employees who may be designated as code enforcement officers may include but are not limited to, code inspectors, law enforcement officers, public works inspectors, fire safety inspectors, and zoning inspectors.

(b)

If a violation of the codes is found, the code inspector shall notify the violator, unless subsection (c) below applies, and give such violator a reasonable time, which shall not exceed 30 days, to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify the special magistrate and request a hearing. The special magistrate shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in section 2-75 to the violator. At the option of the special magistrate, notice may additionally be served by publication or posting as provided in section 2-75. 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 presented to the special magistrate even if the violation has been corrected prior to the special magistrate hearing, the notice shall so state.

(c)

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 special magistrate and request a hearing. The special magistrate shall schedule a hearing and shall provide notice pursuant to section 2-75. The case may be presented to the special magistrate 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 special magistrate 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 the costs as determined by the special magistrate. A repeat violation is a violation of a provision of a code or ordinance by a person whom the special magistrate has previously found to have violated the same provision within five years prior to the violation.

(d)

If the code inspector has reason to believe a violation of 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 special magistrate and request a hearing.

(Ord. No. 06-02, § 1, 5-5-06)

State law reference

Similar provisions, F.S. § 162.06.