§ 2-362. Duties of code enforcement officers; enforcement proceedings generally.

(a)

It shall be the duty of code enforcement officers to initiate enforcement proceedings of alleged violations of the various codes or ordinances of this county; provided, however, no member of the code enforcement board shall have the power to initiate such enforcement proceedings.

(b)

Except as provided in subsections (c) and (d) of this section, if a violation of the codes or ordinances of the county is found, the code enforcement officer shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code enforcement officer shall notify the code enforcement board through the county manager or designee, and request a hearing. The code enforcement board, through its clerk, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in this division to said violator. Notice may additionally be served by publication or posting as provided in this division. 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 code enforcement board even if the violation has been corrected prior to the board hearing and the notice shall so state.

(c)

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 code enforcement officer, upon notifying the violator of a repeat violation, shall, through the county manager or designee, notify the code enforcement board and request a hearing. The code enforcement board, through its clerk, shall schedule a hearing and shall provide notice pursuant to this division. The case may be presented to the code enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state.

(d)

If the code enforcement officer has a reason to believe a violation or the condition causing the 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, through the code enforcement manager, immediately notify the code enforcement board and request a hearing.

(e)

If the owner of property which is subject to an enforcement proceeding before the code enforcement board, special master, or court, transfers ownership of such property between the time the initial pleading or notice was served and the time of the hearing, such owner shall:

(1)

Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee.

(2)

Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor.

(3)

Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding.

(4)

File a notice with the code enforcement clerk of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five days after the date of the transfer.

A failure to make the disclosure described in subsections (1), (2) and (3), before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held.

(Ord. No. 89-45, § VI, 10-26-89; Ord. No. 94-18, § III, 10-20-94; Ord. No. 00-10, § III, 3-23-00; Ord. No. 2009-20, § II, 8-20-09)

State law reference

Similar provisions, F.S. § 162.06.