§ 2-79. Enforcement procedures.

(a)

It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes. 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), if a violation of any code is found, the code inspector shall notify the violator and give him reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify the code enforcement board and request a hearing pursuant to the procedure in section 2-80. The 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 2-83 to the violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in section 2-83. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, 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 inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to section 2-83. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. If the repeat violation has been corrected, the code enforcement board retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay such costs as determined by the code enforcement board.

(d)

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

(Code 1971, § 2-23)

State law reference

Similar provisions, F.S. § 162.06.