The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Civil citation means a notice served by a code compliance specialist to a violator who has committed a civil infraction by violating a code or city ordinance. It subjects the violator to a fine in accordance with the schedule set forth in this chapter.

Civil penalty means a penalty civil in nature, imposing a fine or fee.

Clerk means the person who performs the clerical duties necessary to carry out the activities of the special magistrate or the like.

Code means any of the several chapters of the Code of Ordinances of the city or any other code or ordinance duly adopted by the city commission, which ordinances may be cited either by the original ordinance numbers or the section numbers from the Hallandale Beach Code of Ordinances, or by section numbers in the various building codes, fire codes or other technical codes. "HCO" means the Code of Ordinances of the City of Hallandale Beach.

Code compliance specialist means any employee, law compliance officer, or other agent of the city designated by law, ordinance or the city manager, whose duties are to ensure compliance, enforce city codes or ordinances and to present code violations to a board or special magistrate.

Continuing violation means a violation of an ordinance, law, regulation, or code that has not been cured, brought into compliance, remedied or ceased to exist.

Criminal penalty means a penalty which is not civil in nature. For the purposes of this definition, fines or forfeitures are considered civil penalties.

Notice means any notice or citation authorized by this chapter or applicable law.

Notice of violation means a written notice to an alleged violator notifying the violator of a violation of an ordinance, law, code or regulation.

Notice to appear means a written order issued by a code compliance specialist in lieu of physical arrest requiring a person accused of violating an ordinance to appear in a designated court at a specific date and time.

Operator means the tenant, lessee or person having control or possession of the premises.

Probable cause means that a reasonable belief exists that a code provision has been violated and that the violator committed, or is the person responsible for maintaining, the violation.

Repeat violation means a violation of an ordinance, law, regulation or code by a person whom the special magistrate or the code compliance specialist has previously found to have violated the same ordinance, law, regulation or code within five years prior to the violation. However, in finding a repeat violation, the special magistrate or code compliance specialist shall consider the control of the violator over the violation.

Special magistrate means the person who shall conduct code compliance hearings pursuant to F.S. ch. 162, municipal code compliance, and chapter 9 of this Code and HCO, hear appeals from the city manager's decision on mitigation and/or amendment to final orders and who shall be a Florida-registered architect, a Florida-registered engineer, an attorney who is a member in good standing with the Florida Bar or other qualified and/or certified person as approved by the city attorney.

Violator means any person or persons or any one of them responsible for a code violation, or the person in charge of the business premises at the time of the violation, or the owner of the real property on which the violation occurred, or all of the foregoing persons or legal entity.

(Ord. No. 2014-23, § 2, 9-3-2014)

Cross reference— Definitions generally, § 1-2.

(a)

The position of code compliance specialist is established. The code compliance specialist shall work under the supervision of the person designated by the city manager.

(b)

The city manager may assign the performance of the duties of code compliance specialist to any city employee, whether or not that employee has a different job title or other positions or assignments.

(Ord. No. 2014-23, § 2, 9-3-2014)

(a)

The code compliance specialist shall have the authority and responsibility to inspect any land, water, buildings, structures or other improvements in the city, as frequently as may be necessary, to determine whether there is compliance with the city ordinances or any other applicable laws, ordinances or regulations that the city has jurisdiction to enforce.

(b)

The code compliance specialists have the primary duty of enforcing the various codes, and initiating compliance proceedings before the board or special magistrate. The special magistrate shall not have the power to initiate such proceedings.

(Ord. No. 2014-23, § 2, 9-3-2014)

(a)

Whenever the code compliance specialist finds that an emergency exists, which requires immediate action to protect the public health, safety or welfare the city may alternatively upon approval of the city manager, without notice or hearing, take such action as is necessary to eliminate the emergency.

(b)

A special or emergency hearing may be called of the special magistrate and the hearing may proceed, either without notice to the violator or after such notice as is reasonably practicable under the circumstances. If circumstances permit written notice, at least one day in advance of the hearing should be given the alleged violator; however, that urgent situation posing a clear and present danger to the public health, safety and welfare shall result in the absolute minimum feasible time being specified.

(Ord. No. 2014-23, § 2, 9-3-2014)

(a)

The provisions and procedures contained in this chapter shall be in addition and supplemental to any other remedies now existing or subsequently provided for by law, code or regulations, regarding violations of municipal ordinances.

(b)

Nothing in this chapter shall prevent the city from enforcing its ordinances by any other means; and the code compliance specialist may, at his or her option, elect to seek code compliance in any court of competent jurisdiction, or by any other compliance procedure available under F.S. ch. 162 as amended, or as provided in this Code.

(Ord. No. 2014-23, § 2, 9-3-2014)

(a)

The city hereby establishes the use of special magistrate(s) who shall conduct code compliance hearings and hear appeals from the city manager's decision on mitigation and/or amendment to final orders. The special magistrate(s) shall be selected by the city attorney. The city shall establish a budgeted line item to pay for special magistrate services.

(b)

To process a matter before the special magistrate, the special magistrate and the city shall comply with F.S. ch. 162, as amended, municipal code enforcement, and chapter 9 of this Code.

(c)

The special magistrate shall have jurisdiction to enforce the various codes and ordinances which have no criminal penalty, including but not limited to business tax receipts, fire, building, and zoning codes. The jurisdiction shall also be as provided by state law and include such county ordinances as are in effect in the city.

(d)

In each case prosecuted before the special magistrate wherein the city is the prevailing party, in addition to fines imposed, the special magistrate may impose additional fines to cover all costs incurred by the city in enforcing its codes and all costs of repairs to be paid to the city.

(e)

In any case of appeal of the city manager's decision, the aggrieved party must pay an appeal filing fee which shall be set by the city commission annually during the budgetary process and placed in the city's fee booklet.

(Ord. No. 2014-23, § 2, 9-3-2014)

Sections 9-9 through 9-11 shall hereafter be known as the "Condominium and Homeowner Association Transparency and Accountability Act."

(Ord. No. 2021-005, § 2, 4-7-2021)

(a)

All condominium associations, multi-family homeowner and cooperative apartment associations operating property located within the city shall be required to file with the code compliance unit a registration on a form provided for same. This section does not apply to homeowner associations consisting exclusively of single-family homes. The application shall require the following:

(1)

Name of the association.

(2)

Business address and the legal description of properties governed by the association.

(3)

Name and contact information for the property manager or designated contact person for the association.

(4)

A list of all officers and directors of the association with contact information.

(5)

Website of the association, if any.

(6)

An impression of the corporate seal of the association, if any.

(7)

A legible copy of the by-laws and the rules and regulations of the association.

(8)

A list of planned capital projects, if any, from the date of application through January 1 of the following year.

(9)

A copy of the adopted annual budget.

(10)

A copy of the recorded declaration of condominium and any amendments.

(11)

Specify the location where all building permits for work in common areas shall be posted during construction.

(12)

A listing of pending litigation, if any.

(13)

Contact information for insurance agent, if any.

(14)

The date of original building certification.

(15)

The status of recertification. Association will indicate either:

a.

Recertification not yet required;

b.

Recertification is in process (due within one year but not yet past due); or

c.

Recertification past due.

(16)

A copy of any report of a professional engineer or architect concerning the structural, electrical or life safety conditions of a building within the control of the association issued within the previous year.

(b)

On or before January 30 of each year following the year of its initial registration with the city, every condominium or cooperative apartment association operating within the city shall file with the city an updated list of its officers and directors and any changes in the information required in subsection (a) of this section, a copy of its most current by-laws and a copy of its most recent annual budget.

(c)

An annual application filling fee of $150.00 shall be required.

(d)

Enforcement.

(1)

An association that fails to file the required registration or annual update will first be issued a warning providing 30 days to file the registration. If the registration is not filed within 45 days of the deadline indicated in the warning, the city shall post, in a conspicuous location on the right-of-way abutting the building or association entrance, a notice of failure to register in accordance with this Code. The city will also send a notice by mail to each unit of the association notifying the unit owner of the association's failure to register and the increasing fines for the failure to comply.

(2)

If the registration or annual update is not filed by the deadline indicated in the warning, the association will be subject to a penalty of $500.00, which shall be collected in addition to the required registration fee. If the registration is not filed within the 30 days following the deadline in the warning, the penalty shall increase to $1,000.00.

(Ord. No. 2020-013, § 2, 6-3-2020; Ord. No. 2021-005, § 3, 4-7-2021; Ord. No. 2021-012, § 2, 8-18-2021; Ord. No. 2022-007, § 2, 5-4-2022; Ord. No. 2023-005, § 2, 4-19-2023)

(a)

The city shall maintain a database containing the application and attachments of each association registered with the city pursuant to section 9-10.

(b)

The database shall be made available to members of the public upon request.

(c)

The city will post the registration requirements of section 9-10 on the city's website along with a notice to the public that the database is available upon request and the contact information for requesting access to the database.

(Ord. No. 2020-013, § 2, 6-3-2020)

(a)

Whenever the code compliance specialist has reasonable cause to believe that a violation of city ordinances or any other applicable law, ordinance or regulation has occurred or exists, the code compliance specialist may issue and serve upon the alleged violator a notice of violation or a civil citation.

(b)

When a notice of violation is issued, the code compliance specialist may set a reasonable time for compliance, based upon the time necessary to complete the acts required, and may, for good cause, extend the time period; however, any urgent situation posing a clear and present danger to the public health, safety and welfare shall result in the absolute minimum feasible time being specified for compliance.

(c)

After issuance of a notice of violation, if the violation continues beyond the time specified for correction, the code compliance specialist may elect the alternative compliance procedures provided in this chapter.

(Ord. No. 2014-23, § 2, 9-3-2014)

A code compliance specialist may request a hearing before the special magistrate, and the clerk to the special magistrate shall provide written notice to the alleged violator of the hearing. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code compliance specialist, the case may be presented to the special magistrate even if the violation has been corrected prior to the special magistrate hearing.

(Ord. No. 2014-23, § 2, 9-3-2014)

(a)

Written notice of the time, date and place of the hearing and a reference to the ordinance violated shall be issued to the violator as provided by F.S. ch. 162 as may be amended.

(b)

All hearings of the special magistrate shall be open to the public and any person whose interests may be affected by the matter before the special magistrate shall be given an opportunity to be heard. Official minutes of all special magistrate hearings shall be kept.

(c)

Hearings shall be informal and need not be conducted according to technical rules relating to evidence and witnesses. They shall, however, be conducted in accordance with accepted parliamentary procedures relative to motions and decisions. Fundamental due process shall be observed and shall govern all hearings, and the alleged violator has the right to be represented by an attorney at the hearing.

(d)

All relevant evidence shall be admitted if, in the opinion of the special magistrate, it is the type of evidence upon which reasonable and responsible persons would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objections in civil actions. The special magistrate may exclude irrelevant or unduly repetitious evidence.

(e)

Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct evidence, but such hearsay evidence shall not, in and of itself, be considered sufficient to support a finding or decision.

(f)

Each party to the hearing shall have the right to call and examine witnesses, introduce exhibits, cross examine opposing witnesses, impeach witnesses and rebut evidence.

(g)

All testimony before the special magistrate shall be under oath and shall be recorded. The alleged violator or the city may cause the proceedings to be recorded by a certified court reporter or by a certified recording instrument.

(h)

The burden of proof shall be with the code compliance specialist to show by the greater weight of the evidence that a code violation exists and that the alleged violator committed, or was responsible for maintaining, the violation.

(i)

If written notice of the formal hearing has been provided, the hearing and any continuances of the hearing may be conducted, and an order rendered in the absence of the violator.

(j)

The special magistrate may, for good cause shown, postpone or continue a formal hearing.

(k)

After the conclusion of the hearing, the special magistrate shall issue findings of fact and conclusions of law in a written order affording the proper relief consistent with the powers granted in this article. In determining the amount of the fine, if any, the special magistrate shall consider the following factors:

(1)

The gravity of the violation;

(2)

Any actions taken by the violator to correct the violation; and

(3)

Any previous violations committed by the violator.

Such order may command a violator to take whatever steps necessary to bring a violation into compliance by the time announced at the meeting and subsequently placed in the order. The order may be announced orally at the meeting and shall be reduced to writing and mailed to the violator within ten working days after the formal hearing.

(l)

Every compliance order of the special magistrate shall have the force of law, shall be in writing, and shall include findings of fact and conclusions of law.

(m)

Every compliance order of the special magistrate shall be signed by the special magistrate and shall be filed and recorded with the clerk to the special magistrate. A copy of the signed order shall be mailed to the violator or where mailing would not be effective, by hand delivery by the code compliance specialist to the violator or other means of service.

(n)

The special magistrate shall in every proceeding make a decision without unreasonable or unnecessary delay.

(Ord. No. 2014-23, § 2, 9-3-2014)

If a repeat violation is found, the code compliance specialist may immediately issue a citation or a notice but is not required to give the violator a reasonable time to correct the violation. The code compliance specialist may notify the special magistrate and request a hearing. The special magistrate, through its clerical staff, shall schedule a hearing and shall provide notice to the alleged violator. The case may be presented to the special magistrate even if the violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been corrected, the special magistrate retains the right to schedule a hearing to determine costs and impose the payment of reasonable compliance 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 special magistrate.

(Ord. No. 2014-23, § 2, 9-3-2014)

(a)

The special magistrate, upon notification by the code compliance specialist that a previous order of the special magistrate has not been complied with by the set time or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the special magistrate for compliance, or in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code compliance specialist. If a finding of a violation or a repeat violation has been made as provided in this article, a hearing shall not be necessary for issuance of the order imposing the fine.

(b)

If after due notice and hearing the special magistrate finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in subsection (c)(3) of this section.

(c)

Fines imposed pursuant to this section shall be as follows:

(1)

A fine not to exceed $250.00 per day for a first violation, and may include all costs and expenses of repair incurred by the city.

(2)

A fine not to exceed $500.00 per day for a repeat violation, and may include all costs and expenses of repair incurred by the city.

(3)

A fine not to exceed $5,000.00 per violation, if the special magistrate finds a violation to be irreparable or irreversible in nature.

(d)

A fine imposed pursuant to this section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to F.S. ch. 162 as may be amended, whichever occurs first.

(Ord. No. 2014-23, § 2, 9-3-2014)

(a)

An aggrieved party may, by written application submitted to the city, request a mitigation of fines and liens. The city manager, or his designee, shall consider such application, sworn testimony and information or documents submitted and, after due deliberation, the city manager, or his designee, shall have the right, duty, power, authority and jurisdiction to make decision to mitigate a fine in accordance with policies adopted by the city commission by resolution.

(b)

The city manager shall have the right, duty, power, authority and jurisdiction to mitigate or release fines or liens encumbering property acquired by the city or any dependent special district of the city when such property is acquired for a public purpose, including, but not limited to, community redevelopment purposes.

(Ord. No. 2014-23, § 2, 9-3-2014; Ord. No. 2024-033, § 2, 11-20-2024)

An aggrieved party, including the city may appeal a final administrative order of the special magistrate by filing a petition for a writ of certiorari to the circuit court of the Seventeenth Judicial Circuit for Broward County by filing a petition for certiorari in accordance with Rule 9.190, of the Florida Rules of Appellate Procedure. Such an appeal shall not be de novo, but shall be limited to appellate review of the record created before the special magistrate. Appeals shall be filed within 30 days of the date of the written order from the special magistrate. The nature of the appeal shall be from a final administrative order. No appeal may be sought beyond the 30-day filing time as set out herein.

(Ord. No. 2014-23, § 2, 9-3-2014)

(a)

A code compliance specialist, with the power of arrest, as an alternative, may issue and serve a notice to appear at any hearing conducted by a county court.

(b)

If the alleged violator signs the notice to appear and agrees to appear in court at the time and place specified, the code compliance specialist shall immediately deliver the original of that notice, together with the necessary affidavit of complaint and other documentation to the city prosecutor, who shall review the documents and determine whether to file a municipal information or other appropriate charging document. If the prosecutor files charges, he or she shall forward to the clerk of the court the necessary documentation for filing of the case and setting of arraignment on the date indicated on the notice to appear.

(c)

If the municipal prosecutor declines to prosecute the case, he or she shall file the appropriate documentation with the clerk, and notify the alleged violator not to appear in court.

(d)

If a notice to appear has not been issued, the municipal prosecutor shall determine whether or not to file charges and, if charges are filed, the prosecutor shall file documentation necessary to cause the issuance of an arrest warrant for the alleged violator.

(e)

When a person signs a written notice to appear and fails to respond to that notice and to appear in county court at the time and place specified in the notice, the prosecutor shall file the necessary documentation to cause the issuance of an arrest warrant for the violation of the charges specified in the notice to appear. Mere failure to respond to the notice to appear shall not constitute a violation of this Code, nor cause the issuance of an arrest warrant for mere failure to appear, but may, as specified in this section, cause the issuance of an arrest warrant for the violations specified in the notice.

(f)

The procedures specified in this section may be modified or amended by the municipal prosecutor where necessary to comply with any applicable rule of criminal procedure, statute or regulation.

(Ord. No. 2014-23, § 2, 9-3-2014)

The notice to appear shall contain, where the information is available, the name and address of the alleged violator, the date of issuance, the address or other location of the violation, the nature of the alleged violation, including, where applicable, citation to the specific ordinance, law or regulation alleged to be violated, and the period of time within which compliance must be obtained, a short and plain statement summarizing the incidents complained of, the name, address and place to appear before or court, name of person issuing, and signature of the alleged violator.

(Ord. No. 2014-23, § 2, 9-3-2014)

Service of any notice to appear issued pursuant to this article may be made by one or more methods provided below:

(1)

Hand delivery to the alleged violator by any law compliance officer, code compliance specialist or other person designated by the city;

(2)

Leaving the notice at the violator's usual place of residence with any person residing there who is above 15 years of age, and informing such person of the contents of the notice;

(3)

Certified mail, return receipt requested, to such person at his last known business or residential address or to the address shown on the public records of the county;

(4)

Personal service upon the respondent, if a natural person, or, if other than a natural person, service upon the appropriate person, officer or agent as provided by law; or

(5)

If service of the notice is attempted and unsuccessful, notice may be served as follows:

a.

Publication as provided in state law; or

b.

Posting as provided in F.S. § 162.12.

(Ord. No. 2014-23, § 2, 9-3-2014)

(a)

Any person who willfully refuses to sign and accept a notice to appear issued by a compliance specialist shall be guilty of a misdemeanor of the second degree, punishable as prescribed by state law.

(b)

If a person issued a notice to appear under this section refuses to sign such notice, non-law enforcement code compliance specialists have no authority to arrest the person.

(c)

Failure of a person to sign the notice to appear and to agree to appear in court at the time and place specified in the notice shall not be a violation of this Code, but may result in the filing of an arrest warrant application and other appropriate documentation necessary to cause the arrest or issuance of a summons by the county sheriff's office commanding the alleged violator to appear in court.

(Ord. No. 2014-23, § 2, 9-3-2014)

As an alternative to the procedures set forth in this article, a code compliance specialist may issue a civil citation ticket to a person or entity when the code compliance specialist upon personal investigation has reasonable cause to believe that a person or entity has committed a violation of a code or ordinance or is legally responsible for a code violation. Issuance of a notice of violation or notice to appear shall not be required prior to the issuance of a civil/citation. The civil penalties to be imposed are listed in section 9-55, as may be amended by resolution of the city commission.

(Ord. No. 2014-23, § 2, 9-3-2014)

Service of a civil citation issued pursuant to this division may be made by one or more methods in section 9-50.

(Ord. No. 2014-23, § 2, 9-3-2014)

The form of the citation shall contain the following:

(1)

The date and time issued.

(2)

The name and address of the person or entity to whom the citation is issued.

(3)

The approximate date and time the civil infraction was committed.

(4)

The facts constituting reasonable cause.

(5)

The number and section of the code of ordinance, law or regulation violated.

(6)

The name and title or position of the code compliance specialist.

(7)

The procedure for the person to follow in order to pay the civil penalty or to contest the citation.

(8)

The applicable civil penalty if the person elects to contest the citation.

(9)

The applicable civil penalty if a person elects not to contest the citation.

(10)

A conspicuous statement that if a person fails to pay the civil penalty, fails to request a hearing to contest the citation, fails to appear at such hearing, or fails to remedy the violation by the specified time in the citation, he or she shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty, plus administrative costs.

(Ord. No. 2014-23, § 2, 9-3-2014)

The following class of violations as may be amended shall be subject to the penalty per class as set forth below.

(1)

For a class I violation, by a fine of $100.00 plus administrative costs.

(2)

For a class II violation, by a fine of $250.00 plus administrative costs.

(3)

For a class III violation, by a fine of $500.00 plus administrative costs.

(4)

Class IV violations are misdemeanor offenses punishable by law, class III civil penalties or both, plus administrative costs.

a.

The following chapters and provisions may be enforced through issuance of a civil citation or any other means of compliance under the city's Code of Ordinances.

Class I Violations

Chapter 6-3 - Keeping poultry prohibited

Chapter 7-112 - Non-registration of burglar alarm - civil only

Chapter 7-115 - Burglar false alarm (4 - 6 times)

Chapter 13-36(a) - Trash accumulation on property

Chapter 13-37(a)(b) - Overgrown grass and/or weeds

Chapter 14-7(4) - Address numbers required

Chapter 25-2(b) - Trash and debris on right-of-way

Chapter 28-11(a)(b)(2)(3) - Inoperable vehicles

Chapter 28-11(a)(d)(1) - Commercial vehicles in residential area

Chapter 32 - Zoning codes

Chapter 32 - Prohibited uses

Chapter 32-335(b) - Fence in disrepair

Chapter 32-385(b)(4) - Parking on grass

Chapter 32-635(4)(a) - Garbage cans not moved back

Class II Violations

Chapter 6-1.1 - Allowing dogs to run loose

Chapter 7-115 - Burglar false alarm (7 - 9 times)

Chapter 7-411, 7-412 - Peddlers selling from property without property owner's consent and/or from vehicle without a business tax receipt

Chapter 9-102, 9-103 - Noise violation

Chapter 18-31(a)(b)(c) - Operating a business without a business tax receipt

Chapter 28-15(d)(2)(3) - Parking on vacant lot

Chapter 32 - Outside storage

Chapter 32-604(e) - Prohibited signs

Chapter 32-635(b)(3)(a)(b)(c)(d)(e) - Dumpster enclosure not maintained

Class III Violations

Chapter 6.1.1 - Dog tethered more than 15 minutes without owner present

Chapter 7-115 - Burglar false alarm (10+ times)

Chapter 8-31 (FBC 105.1) - Construction work without building permit

Chapter 11 (FFPC 1-13.1.1) Life safety system modifications w/o permit

Chapter 11 (FFPC 1-10.8) Tampering with life safety equipment

Chapter 11 (FFPC 1-10.4) Life safety system annual certification

Chapter 11 (FFPC 1-13.1.9) Life safety systems out of service >4 hrs

Chapter 11 (FFPC 1-13.6) Fire extinguishers (installation and testing)

Chapter 11 (FFPC 1-14.4.1) Locked or blocked exits

Chapter 11 (NFPA 110) Emergency generators (maintenance/testing)

Chapter 11 (FFPC 1-50) Commercial cooking equipment (install/maintenance)

Chapter 11 (FFPC 1-43) Spray booth (installation/maintenance)

Chapter 14-7(3) - Property occupied without water service

Chapter 14-11(1)(f) - Swimming pool not properly maintained

Chapter 29-4(a) - Removing tree without permit and/or tree abuse

Chapter 32-384(i) - Obstruction of visibility triangle

Chapter 32-501, 32-502 - Major vehicle repair in residential area

Chapter 32-675 - Unsecured pool

Class IV Violations

Chapter 5-8 - Drinking on public property

Chapter 13-62 - Littering acts prohibited

Chapter 13-77 - Shopping cart theft

Chapter 19-1 - Sleeping out of doors or in vehicles, temporary shelters or property of another

Chapter 19-2 - Public indecency

Chapter 19-10 - Discharge of fireworks

Chapter 19-14(a)(b) - Defacement of property; graffiti

Chapter 19-15 - Prohibited distribution of handbills

Chapter 19-54 - Curfew

Chapter 23-51 - Use of roadways and entrances (cemetery)

Chapter 7-411—7-417 - Peddlers, solicitors, and transient merchants

b.

Any violation of the code that is not specified within this section, shall be assessed a civil penalty of $100.00 plus administrative costs.

c.

A person or entity who receives a civil citation from a code compliance specialist for a code or ordinance violation has committed a civil infraction and shall be subject to a fine as indicated below:

1.

For a first civil citation, the civil penalty proscribed shall be in the amount specified by the class of violation as provided in this section.

2.

A continuing violation shall carry a civil penalty not to exceed $100.00 per day for each day the violation continues beyond the compliance date in addition to the civil penalty specified for the class of violation cited.

3.

A civil citation of a repeat violation shall carry a civil penalty not to exceed $100.00 per day in addition to the civil penalty specified by the class of violation cited.

4.

Nothing contained in this section shall prohibit the city from enforcing its code or ordinances by any other means.

(Ord. No. 2014-23, § 2, 9-3-2014)

Any person or entity requesting a hearing who fails to appear before the special magistrate to contest the citation shall be deemed to have waived his or her right to contest the citation, and a judgment may be entered against the violator for an amount not to exceed $500.00. A citation order issued by the special magistrate shall be deemed to be a continuing violation and carry the penalties set forth in sections 9-55(4)c.2. and 3. as applicable.

(Ord. No. 2014-23, § 2, 9-3-2014)

(a)

A violator who has been served with a civil citation ticket must elect to do one of the following:

(1)

To timely pay the civil penalty in a manner indicated on the civil citation ticket and correct the violation within the time specified on the citation; or

(2)

Request an administrative citation appeal before the special magistrate to contest the code compliance specialist's issuance of the citation.

(b)

The request for an administrative citation appeal shall be timely made by filing a written request to the clerk to the special magistrate. The request must be received by the city within ten calendar days from the date of citation issuance.

(c)

If a violator fails to pay the civil citation and correct the violation within the time specified, such failure shall constitute an admission of the violation and serve as a waiver of the violator's right to an administrative citation appeal before the special magistrate.

(d)

If the violator fails to timely request an administrative citation appeal before the special magistrate, such failure shall constitute an admission of the violation and serve as a waiver of the violator's right to an administrative citation appeal before the special magistrate.

(Ord. No. 2014-23, § 2, 9-3-2014)

(a)

When a timely request for an administrative citation appeal is made pursuant to this division, the clerk to the special magistrate shall set the matter for hearing on the next available regularly scheduled hearing date or as soon as practicable thereafter.

(b)

The clerk shall mail the notice of hearing to the violator's last known address or the address provided in the request for administrative citation appeal. The notice of hearing shall state the time, date and place of the hearing and a reference to the code or ordinance violated. Notice shall be mailed to the violator at least seven days prior to the hearing.

(c)

After the conclusion of the hearing, the special magistrate shall either make a finding of guilt or reverse the determination of the code compliance specialist as to the issuance of the civil citation ticket in a written order.

(d)

If the special magistrate reverses the determination of the code compliance specialist the violator shall not be liable for the payment of civil penalty unless the city successfully appeals the ruling of the special magistrate.

(e)

If the violator is found guilty of the violation, the violator shall be liable for the civil penalty and all reasonable costs and expense of the administrative hearing. The order of the special magistrate shall assess and order the payment of civil penalties, and repair costs if applicable and the reasonable costs and expenses of the administrative hearing incurred by the city. In addition a citation order issued by the special magistrate shall be deemed to be a continuing violation and carry the penalties set forth in section 9-55(4)c.2. and 3.

(Ord. No. 2014-23, § 2, 9-3-2014)

(a)

The city may institute proceedings in a court of law to compel the payment of civil penalties, compliance, the making of repairs and any other form of relief as provided by law.

(b)

A certified copy of any citation order imposing a civil penalty or a civil penalty plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists or existed or upon any other real personal property owned by the violator. Such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator. A lien arising from a fine imposed pursuant to this section runs in favor of the local governing body and after three months from the filing of any such lien(s) which remains unpaid, the city commission authorizes the city attorney and city manager to jointly administratively foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest and cost upon those properties meeting the criteria set forth and approved by resolution adopting the city's administrative foreclosure policy.

(Ord. No. 2014-23, § 2, 9-3-2014; Ord. No. 2016-03, § 1, 3-2-2016)

(a)

An aggrieved party may appeal a final administrative order of the special magistrate to the Circuit Court of the Seventeenth Judicial Circuit for Broward County by filing a petition for certiorari in accordance with Rule 9.190, of the Florida Rules of Appellate Procedure. Such an appeal shall not be de novo, but shall be limited to appellate review of the record created before the special magistrate. Appeals shall be filed within 30 days of the date of the written order from the special magistrate. The nature of the appeal shall be from a final administrative order. No appeal may be sought beyond the 30-day filing time as set out herein.

(Ord. No. 2014-23, § 2, 9-3-2014)