§ 2-88. Violations procedure, issuance of citations.

(a)

For the purpose of this division "violators" shall be deemed to include those persons or entities legally responsible for violations including owners of land, or their agents, upon which a violation occurs.

(b)

Prior to issuing a citation, a code enforcement officer shall provide notice, except as provided by subsection (d) below, to the violator that he has committed a violation of the Code or ordinance and shall establish a reasonable time period within which the violator must correct the violation. Such time period to correct the violation shall not exceed 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, the code enforcement officer may issue a citation for a civil infraction to the violator.

(c)

A violation of a city code or ordinance is a civil infraction.

(d)

A code enforcement officer is not required to provide the violator with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or that the violator is engaged in violations of an itinerant or transient nature, or if the violation is irreparable or irreversible. A violation of an itinerant or transient nature means a violation of a provision of a code or ordinance which occurs at one location and then moves to another location, or occurs temporarily or which is transitory or passes away with time.

(e)

In the absence of the violator, issuance of a warning notice or citation may be accomplished by leaving the copy at the violator's usual place of abode with any person residing therein who is 15 years of age or older and informing the person of the contents or by registered or certified mail, return receipt requested.

(f)

Issuance of a warning notice or citation to a violator doing business may be accomplished by leaving the copy at the violator's place of business, during regular business hours, with any employee and informing the employee of the contents or by registered or certified mail, return receipt requested. Each employee of a violator doing business shall be deemed to be an agent of the violator for service of warning notices and citations.

(g)

Whenever an alleged violator has a right or is required to do some act within a prescribed period after a notice or other paper and the notice or paper is served by mail, three days shall be added to the prescribed period.

(h)

Each violation of a city code or ordinance is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction.

(i)

The maximum civil penalty pursuant to this article shall not exceed $500.00, plus applicable court costs and legislative assessments, per violation.

(j)

If the person cited refuses to sign the citation, the code enforcement officer shall write the words "refused" or "refused to sign" in the space provided for the person's signature. The code enforcement officer shall then leave a copy of the citation with the person cited, if possible. The willful refusal to sign or accept a citation issued by a code enforcement officer, or refusal to provide the information required by section 2-139, is a violation of F.S. § 162.21(6), (1999), which provides that a person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or § 775.083, (1999).

(k)

An alleged violator who elects to contest the violation in county court shall be responsible for payment of all applicable court costs and appropriate assessments in addition to the applicable civil penalty.

(l)

The city shall be entitled to all reasonable attorney's fees for enforcement of this article.

(Ord. No. 01-13, 3-22-01)