§ 2-7-42. Enforcement procedures.

(a)

A code enforcement officer is authorized to issue a citation to a person when, based upon personal investigation, the code enforcement officer has reasonable cause to believe that the person is in violation of a county code or ordinance.

(b)

Prior to issuing a citation, a code enforcement officer shall provide written notice to the person that the person has committed a violation of a county code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than thirty (30) days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the given time period, a code enforcement officer may issue a citation to the person who has committed the violation.

(c)

A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue that citation if a code enforcement officer has reason to believe that the violation:

(1)

Is a repeat violation;

(2)

Presents a serious threat to the public health, safety, or welfare; or

(3)

Is irreparable or irreversible in nature.

(d)

Each violation of a county code or ordinance shall be a separate civil infraction. Each day such violation continues shall be deemed to constitute a separate civil infraction.

(e)

After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with the county court.

(f)

A violation of a county code or ordinance enforced by the provisions of this article is a civil infraction punishable by a maximum civil penalty not to exceed five hundred dollars ($500.00) or such amount as may hereafter be prescribed by law. The fines to be assessed by code enforcement officers shall be established by this article.

(g)

Subject to the procedures below, the alleged violator has the option of paying the penalty to the county or requesting to contest the citation in county court. Payment of penalties to the county shall be made either in person or by mail, postmarked on or before, fifteen (15) days after receipt of the citation. If the alleged violator elects to pay the applicable penalty set forth on the citation, that person shall be deemed to have admitted the infraction and waived the right to a hearing.

(h)

If a person fails to pay the penalty within the specified period or fails to timely request a hearing, that person shall be deemed to have waived the right to contest the citation. In such case, judgment may be entered against the person for an amount up to the maximum civil penalty, plus court fees and costs.

(i)

Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes.

(j)

The provisions of this article shall not apply to the enforcement of the Florida Building Code, adopted pursuant to Section 553.73, Florida Statutes, provided by Sections 553.79 and 553.80, Florida Statutes, as applied to construction, provided that a building permit is either not required or has been issued by the county or the municipality.

(Ord. No. 17-44 , § 3, 9-26-17)