§ 2-7-2. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Citation means the written charging document issued by a code enforcement officer in a form prescribed by the county, and that contains the following information:

(1)

Date and time of issuance;

(2)

Name and address of the person to whom the citation is issued;

(3)

Date and time the civil infraction was committed, or observed to exist, or identified by the code enforcement officer;

(4)

Facts constituting reasonable cause;

(5)

Number or section of the code or ordinance violated;

(6)

Name and title of the code enforcement officer;

(7)

The procedure for the person to follow in order to pay the civil penalty or to contest the citation;

(8)

Applicable civil penalty if the person elects not to contest the citation;

(9)

The applicable civil penalty if the person elects to contest the citation;

(10)

The time period in which an appeal must be requested and the location where such request may be made; and

(11)

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, that person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against that person for the amount of the civil penalty.

Code enforcement officer means those authorized agents or employees of the county whose duty it is to ensure compliance with the Manatee County Code or the Manatee County Land Development Code.

Irreparable or irreversible violation means a violation that causes harm, damage, injury or change that is incapable of correction, repair or return to an original condition.

Notice to appear means a written order issued by a code enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time.

Person means any individual, firm, partnership, corporation, association, executor, administrator, trustee, or other legal entity, whether singular or plural, masculine or feminine, as the context may require.

Reasonable time means the time that would be required by a prudent person acting diligently to correct the violation, taking into consideration the scope of the work required, the necessity to obtain any required permit, license or other approval by a government agency, and delays that may reasonably be expected to be encountered such as, but not necessarily limited to, the weather; however, where a different time period in which to correct the violation is provided for by the ordinance being enforced, that time period shall constitute reasonable time for that particular violation.

Repeat violation means a violation of a provision of a county code or ordinance by a person who has been previously found by a special magistrate or through any other quasi-judicial or judicial process, or who has admitted by virtue by paying a fine imposed through a citation, to have violated the same provision within five (5) years prior to the violation, notwithstanding the fact that the violations occurred at different locations.

Special magistrate means an officer appointed as provided in this article who shall have the status and authority of a code enforcement board.

(Ord. No. 17-44 , § 3, 9-26-17)