§ 2-65. Enforcement procedure.

(a)

It shall be the duty of the code inspector to initiate enforcement proceedings of the applicable city codes and ordinances. 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 is found, the code inspector shall first notify the violator and give the alleged violator a reasonable time to correct the violation. If the violation continues beyond the time specified for correction, the code inspector shall notify the code enforcement board and request a hearing pursuant to the procedure set forth in section 2-66. Written notice of such hearing shall be hand delivered or mailed to the violator and owner of the property on which the alleged violation has occurred. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in section 2-71. 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 and owner, but is not required to give the violator or owner a reasonable time to correct the violation. The code inspector, upon notifying the violator and owner of a repeat violation, shall notify the code enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing and shall provide notice of the hearing pursuant to section 2-71. The case may be presented to the code enforcement board even if the repeat violation has been corrected prior to the board's 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 rights to this hearing and pay the costs as determined by the code enforcement board.

(d)

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

(Code 1988, § 2-65)

State law reference

Similar provisions, F.S. § 162.06.