§ 2-440. Enforcement procedure.

(a)

It shall be the duty of the city manager or his designee to serve as the code enforcement officer and to initiate enforcement proceedings of the various codes; however, neither the special magistrate, nor any member of a board shall have the power to initiate such enforcement proceedings.

(b)

Except as provided in subsection (c), if a violation of the codes is found, the code enforcement officer shall notify the violator and give him a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code enforcement officer shall notify the special magistrate or the enforcement board and request a hearing. The special magistrate or code enforcement board, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in section 2-276 to the violator. At the option of the special magistrate or code enforcement board, notice may additionally be served by publication or posting as provided in section 2-276. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code enforcement officer, the case may be presented to the special magistrate or code enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state.

(c)

If the code enforcement officer has reason to believe a violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the code enforcement officer shall make a reasonable effort to notify the violator and may immediately notify the special magistrate or code enforcement board and request a hearing.

(d)

If a repeat violation is found, the code enforcement officer shall notify the violator, but is not required to give the violator a reasonable time to correct the violation. The city manager or his designee, upon notifying the violator of the repeat violation, shall notify the special magistrate or code enforcement board and request a hearing. The special magistrate or code enforcement board, through its clerical staff, shall schedule a hearing and shall provide notice, pursuant to section 2-276, to the violator.

(Code 1959, § 28-5; Ord. No. 91-2-12, § 1, 12-2-91; Ord. No. 2011-20, § 5, 10-10-11)

State law reference

Similar provisions, F.S. § 162.06.