§ 11-2. Definitions.


Latest version.
  • 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:

    Administrative hearing shall mean a contested violation hearing before the special magistrate for review of the decision of a code inspector that resulted in issuance of a civil violation notice.

    Affidavit of non-compliance shall mean an affidavit of the code inspector certifying that the violator has failed to correct the violation within the time allowed for correction or failed to pay the civil penalty on the citation violation notice within the time allowed.

    Appeal shall mean a review by a court of competent jurisdiction of final administrative action of the special magistrate or code enforcement board.

    Board shall mean the City of Fort Lauderdale Code Enforcement Board.

    Chronic violation shall mean three (3) violations of the same code section within a six-month period by the same violator or same property owner.

    Clerk or code enforcement clerk shall mean the administrative staff person in the sustainable development department responsible for the preparation, development and coordination of administrative and case management services necessary for the proper functioning of the board and special magistrate.

    Citation violation notice shall mean a notice of violation with a civil penalty and fine.

    Code shall mean the Code of Ordinances of the City of Fort Lauderdale, the Florida Building Code, Broward Edition, the Florida Fire Prevention Code, any ordinance duly enacted by the city commission, together with all rules and regulations adopted by the city commission, and any state, Broward County or uniform law, statute or code that the city is authorized to enforce within its jurisdiction.

    Code inspector shall mean any employee or other agent of the city designated by law, ordinance, or the city manager, whose duties are to ensure compliance with and enforce the Code.

    Contested violation shall mean a timely request by a violator for an administrative hearing before a special magistrate to contest a citation violation notice.

    Director of the sustainable development department shall mean the department head of the sustainable development department or any representative authorized by him or her to serve in his or her absence.

    Reasonable cause shall mean that a reasonable belief exists that a code provision has been violated and that the violator committed, or is the person responsible for allowing, the violation.

    Repeat violation shall mean a code violation by a person or entity who has previously been issued a citation violation notice that was uncontested or has been previously found by the board, special magistrate or any other quasi-judicial or judicial process to have violated the same provision of the Code within five (5) years prior to the violation.

    Uncontested violation shall mean payment of a civil penalty indicated on a citation violation notice or failure of a violator to file a written request for an administrative hearing within fifteen (15) days after date of the citation violation notice.

    Violator shall mean the person or legal entity alleged or allegedly deemed responsible for the violation of the Code.

    Written notice shall mean the mailing of notice by regular mail, certified mail, return receipt requested, hand delivery, overnight courier or by posting as provided for in section 11-16(b)(2), to the person required to be notified for an alleged code violation.

( Ord. No. C-08-36, § 1, 7-15-08 ; Ord. No. C-17-28 , § 49, 9-13-17; Ord. No. C-18-26 , § 1, 9-4-18)