§ 11-18. Enforcement procedures.

(a)

A code inspector is authorized to issue a citation violation notice to a person or entity when, based upon his/her personal investigation, the code inspector has reasonable cause to believe that the person has committed or was responsible for maintaining or permitting a violation of the Code.

(b)

A code inspector shall issue a written warning notice pursuant to section 11-16, with no civil penalty as a first response to a violation, except as provided in subsection (d). If the code inspector finds that a violation is correctable, the code inspector shall determine a reasonable time period within which the violator must correct the violation. The warning notice shall state the time for correction of violation, amount of the civil penalty to be paid should the violation remain uncorrected after the time period determined by the code inspector and that the violator shall contact the code inspector upon complying with corrective action.

(c)

If upon his/her personal investigation, a code inspector finds that the person has not corrected the violation within the time period specified in the warning notice, or if the violation of the code is corrected and recurs, a code inspector shall issue a citation violation notice pursuant to section 11-16, to the person who has committed the violation or was responsible for maintaining or permitting a violation of the Code.

(d)

A code inspector does not have to provide the violator with a warning notice or a reasonable time to correct the violation prior to issuing a citation violation notice if a repeat violation is found, or if the code inspector has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible, or if the violator is engaged in violations of a itinerant or transient nature.

(e)

A citation violation notice issued by a code inspector shall be in a form prescribed by the city and shall contain:

(1)

The location, date and time of the violation.

(2)

The name and address of the violator.

(3)

A brief factual description of the nature of the violation.

(4)

The date of issuance of the citation notice.

(5)

The number or the section of the code violated.

(6)

The name of the code inspector issuing the citation notice.

(7)

The procedure for the violator to follow to pay the civil penalty, including the due date for payment of the civil penalty.

(8)

The procedure for the violator to follow to request an administrative hearing.

(9)

The amount of the civil penalty for an uncontested violation.

(10)

The amount of the civil penalty for a contested violation.

(11)

The specified time period to correct the violation.

(12)

A conspicuous statement that if the violator fails to pay the civil penalty within the time allowed, or fails to timely request an administrative hearing within fifteen (15) days of the date of the citation violation notice, the violator shall be deemed to have waived his/her right to an administrative hearing and such a waiver shall constitute an admission of violation.

(f)

After providing notice of a citation violation notice pursuant to section 11-16, the code inspector shall provide the original citation violation notice to the clerk.

(g)

Any person who willfully refuses to accept a citation violation notice served by a code inspector shall be guilty of a misdemeanor of the second degree punishable as provided in F.S. § 775.082, as amended, or F.S. § 775.083, as amended.

( Ord. No. C-08-36, § 1, 7-15-08 )