§ 2-395. Options of persons cited; special magistrate method.

The following options shall apply to a person cited for violating the code and issued a citation that prescribes that it may be contested before a special magistrate:

(1)

Any person cited for violation of the code shall be deemed to be charged with a civil infraction.

(2)

Any person cited for a violation under this division may, within 30 days of issuance:

a.

Pay the applicable civil penalty in accordance with the instructions provided in the citation; or

b.

Contest the validity of the citation through appearance at the county to receive a hearing date in accordance with the instructions provided in the citation.

(3)

The willful refusal to sign or accept a citation issued by a code enforcement officer shall be a violation of this division and shall be prosecuted as a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083, or their successor provisions.

(4)

If the person cited fails to pay the civil penalty within the time allowed or timely contest the citation, he shall be deemed to have waived his right to contest the citation and a lien, in the form of a final administrative order of the special magistrate, shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owner by the violator.

(Ord. No. 2009-20, § II, 8-20-2009)