§ 2-441. Conduct of hearings.

(a)

Upon request of the city manager or his designee, or at such other times as may be necessary, the special magistrate or chairman of the code enforcement board may call a hearing of a code enforcement board; a hearing also may be called by a vote of at least three (3) members of the code enforcement board at one of its meetings. Minutes shall be kept of all hearings by the special magistrate or code enforcement board, and all hearings and proceedings shall be open to the public. The city council shall provide clerical and administrative personnel as may be reasonably required by the special magistrate or code enforcement board for the proper performance of its duties.

(b)

Each case before the special magistrate or code enforcement board shall be presented by the city manager or his designee.

(c)

The special magistrate or the code enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The special magistrate or code enforcement board shall take testimony from the code enforcement officer, the alleged violator, and/or any other witnesses it deems appropriate. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

(d)

At the conclusion of the hearing, the special magistrate or code enforcement board shall issue findings of fact, based on competent substantial evidence of record, and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein. The order may include a notice that it must be complied with by a specified date and a fine and/or an additional fine may be imposed if the order is not complied with by that date. If the findings are made by the code enforcement board rather than the special magistrate, the findings shall be by motion approved by a majority of those members present and voting, except that at least four (4) members of the code enforcement board must vote in order for the action to be official.

(Code 1959, § 28-6; Ord. No. 91-1-12, § 1, 12-2-91; Ord. No. 2011-20, § 6, 10-10-11)

State law reference

Similar provisions, F.S. § 162.07.