Ordinance 2001-141 - Laserfiche WebLink

Home Browse Search

earlier proceeding, s/he may not represent the City in that instance. Special counsel shall be appointed for that representation. Section 5. Powers of the Special Master. Special Masters shall have the power to: (A) Apply the rules for the conduct of hearings adopted by the Commission. (B) Subpoena Violators and witnesses for hearings; subpoenas shall be served by the City Police Department, or by City Staff. (C) Subpoena evidence to hearings. (D) Take testimony under oath and review evidence to make findings of fact and draw conclusions of law. (E) Assess and order the payment of civil penalties as provided herein. (F) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. (G) Assess administrative costs of no less than $60.00. Section 6. Authority to Initiate Enforcement Proceedings. Code Enforcement Officers shall have the authority to initiate code enforcement proceedings and to issue Notices of civil violations as provided below. Special Masters shall not have such authority. A Code Enforcement Officer shall not by such designation have powers of arrest or subject the officer to the requirements of Sections 943.085-943.255, F.S. (1995). Section 7. Enforcement Procedures. (A) A Code Enforcement Officer is authorized to issue a Warning Notice of Violation, in a form approved by the Building Official Department Director, prior to the issuance of a Civil Violation Notice to a person based upon personal investigation, the officer has reason to believe that the Violator has committed a civil infraction in violation of a duly enacted Ordinance. The Warning Notice of violation shall specify a reasonable time period (warning period), not to exceed thirty (30) calendar days, within which the Violator must correct the violation. This determination shall be based on consideration of fairness; practicality; ease of correction, ability to correct; severity of violation; nature, extent, and probability of danger or damage to the public; degree of nuisance to neighbors and neighborhood; and other relevant factors relating to the reasonableness of the time period prescribed. (B) If upon re-inspection of the violation, which prompted the issuance of the Warning Notice of Violation, said violation has not been corrected; the Violator shall be subject to the issuance of a Civil Violation Notice and liable for the associated civil penalties. 02001- _ Reestablishing Code Enforcement Procedures 4