The failure of a property owner to remedy a code violation may result in the Code Compliance Officer issuing a summons to appear before Special Magistrate and/or Code Enforcement Board.
The Special Magistrate and/or Code Enforcement Board have the jurisdiction and authority to hear and decide alleged violations and exercise the powers of a Code Enforcement Board as provided in chapter 162, Florida Statutes.
The Special Magistrate and/or Code Enforcement Board both have the authority to:
- Adopt rules for the conduct of hearings
- Subpoena alleged violators, records or witnesses
- Subpoena evidence to its hearings
- Take testimony under oath
- Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance
- 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 which day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the Code Compliance Officer.
- 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
Since the ultimate goal of the Code Compliance Division is to bring properties into compliance by enforcing city code, property owners cited by a Code Compliance Officer will be given a reasonable amount of time to bring their property into compliance before the case is referred to the Special Magistrate.
After a case has been heard by the Magistrate, continued failure to correct code violations may result in fines up to $250 for a first violation (not to exceed $500 per day for a repeat violation) for each day the violation exists, and could ultimately result in a city-imposed lien against a property's title.
If the violations are severe, and pose a threat to the health and safety of neighbors, the city will initiate public nuisance proceedings against the property and correct the nuisance at the expense of the property owner.
After the property owner has corrected all code violations on the subject property he or she can submit a Lien Settlement Request.