The Code Enforcement Department's intentions, pursuant to F.S. ch. 162, are to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards or Special Magistrate Judge with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

(1)

Local governing body means the governing body of the county or municipality, however designated.

(2)

Code Enforcement Officer means any authorized agent or employee of the county or municipality whose duty it is to enforce code and ordinances to bring about compliance.

(3)

Local governing body attorney means the legal counselor for the county or municipality.

(4)

Enforcement board means a local government code enforcement board.

(5)

Special Magistrate Judge means a Magistrate acting in place of an Enforcement Board.

(6)

Repeat violation means a violation of a provision of a code or ordinance by a person who has been previously found through a code enforcement board or any other quasi-judicial or judicial process, to have violated or who has admitted violating the same provision within five (5) years prior to the violation, notwithstanding the violations occur at different locations.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

It shall be the duty of the Code Enforcement Officer to initiate enforcement proceedings of the various codes. No member of the Code Enforcement Board or Special Magistrate Judge may initiate enforcement proceedings.

A Code Enforcement Officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the county court will hear the charge. A Code Enforcement Officer may not initiate enforcement proceedings for a potential violation of a duly enacted code or ordinance by way of an anonymous complaint. A person who reports a potential violation of a code or an ordinance must provide his or her name and address to the respective local government before an enforcement proceeding may occur. This paragraph does not apply if the code inspector has reason to believe that the violation presents an imminent threat to public health, safety, or welfare or imminent destruction of habitat or sensitive resources.

B.

The Code Enforcement Officer shall notify the alleged violator of the nature of the violations and provide a reasonable period of time to eliminate them. If the violations are not eliminated within the time specified, the Code Enforcement Officer may issue a citation for the violation or shall notify the Code Enforcement Board or Special Magistrate Judge and request a hearing. If a violation presents a serious threat to the public health, safety, and welfare, the Code Enforcement Officer shall immediately take the case before the Code Enforcement Board or Special Magistrate Judge, even if the violator has not been notified.

C.

Written notice of the Request for Hearing and of the date, time and place of the hearing shall be sent to the alleged violator by certified mail, return receipt requested, or by personal service.

D.

After a case is set for hearing, the Secretary to the Code Enforcement Board or Special Magistrate Judge shall issue subpoenas as requested by the Code Enforcement Officer and the alleged violator. Subpoenas may be served by the Sheriff of Washington County. The County shall pay all costs of issuing and serving up to and including four (4) subpoenas requested by any party. Should a party request more than four (4) subpoenas, that party shall pay all costs incurred in issuing and serving those in excess of four (4).

E.

Hearings before the Code Enforcement Board or Special Magistrate Judge shall be conducted as follows:

1.

The Secretary shall read the Statement of Violations and Request for Hearing.

2.

The alleged violator shall be asked if he wishes to contest the charges.

3.

The County shall present its case and alleged violator shall present his case. The County's case shall be presented by an attorney representing the County or by a member of the administrative staff of the County, the alleged violator's case may be presented by an attorney, or other representative chosen by the alleged violator.

4.

Both parties may call witnesses and all witnesses shall be sworn. All testimony shall be under oath and shall be recorded.

5.

Formal rules of evidence shall not apply, but fundamental due process shall be observed.

6.

Both parties may cross-examine witnesses and present rebuttal evidence.

7.

The Board or Special Magistrate Judge and its attorney may call or questions any witness.

8.

After all evidence has been submitted, the Chair or Special Magistrate Judge shall close presentation of evidence.

9.

The Board or Special Magistrate Judge shall immediately deliberate and make a decision in open session. If a decision cannot be reached in the initial meeting, the Board or Special Magistrate Judge shall adjourn and reconsider the matter as soon as possible at a time and date certain.

10.

A decision of the Board must be approved by at least four (4) members of the Board or Special Magistrate Judge. The decision shall contain findings of fact and conclusions of law and shall state the affirmative relief granted by the Board or Special Magistrate Judge.

11.

The decision shall be announced as an oral order of the Board or Special Magistrate Judge and shall be reduced in writing within ten (10) days and mailed to the parties.

12.

The Board or Special Magistrate Judge may, at any hearing, order the reappearance of a party at a future hearing.

F.

The Code Enforcement Board or Special Magistrate Judge, upon finding a violation, shall issue an Order to Comply, setting a date certain for compliance, and a fine to be levied if the deadline for compliance is not met. The fine shall not exceed two hundred fifty dollars ($250.00) for each day the violation continues past the specified compliance date.

G.

After an order has been issued by the Code Enforcement Board or Special Magistrate Judge and a date for compliance has been set, the Code Enforcement Officer or other designated County official shall make a reinspection to determine compliance or noncompliance with the order.

H.

The inspector shall file an affidavit of compliance or noncompliance with the Secretary of the Code Enforcement Board or Special Magistrate Judge, and a copy shall be sent to the violator by certified mail, return receipt requested.

I.

If the Development Administrator files an affidavit of compliance, the Secretary of the Code Enforcement Board or Special Magistrate shall close the file and so report to the Board.

J.

If the Code Enforcement Officer files an affidavit of noncompliance with the Secretary of the Code Enforcement Board. The Board or Special Magistrate Judge may order the violator to pay the fine as specified in the Board's or Special Magistrate Judge's order.

K.

A copy of the order imposing the fine shall be mailed to the violator by certified mail, return receipt requested, or personally served upon the violator.

L.

If a fine remains unpaid for a period of fourteen (14) days, a certified copy of the order imposing the fine shall be recorded in the Official Records of Washington County, which shall thereafter constitute a lien against the land on which the violations exists, pursuant to F.S. § 162.09, or if the violator does not own the land, upon any other real or personal property owned by the violator, and may be enforced in the same manner as a court judgement by the sheriffs of this State, including levy against personal property. After the lien is imposed, the County may assess the reasonable cost of abating the violation against the property pursuant to the Uniform Assessment Collection Act and Chapter 62 of the Code of Ordinances. If the County adopts an assessment against the property, the portion of the lien that constitutes the reasonable cost of abatement shall be released. If the fine remains unpaid for a period of one (1) year following the date the lien was filed, the Board or Special Magistrate Judge may authorize the County Attorney to foreclose on the lien.

M.

In addition to the penalties prescribed above, the Code Enforcement Board or Special Magistrate Judge shall:

1.

Direct the Development Administrator not to issue any subsequent development orders for the development until the violation has been corrected.

2.

Inform the violator that no further work under an existing approval may proceed until the violation has been corrected.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Generally. If the Planning Department determines that the code enforcement process delineated above would be an inadequate response to a given violation, it may pursue the following penalties and remedies, as provided by law.

B.

Lot Sales Limited to Approved Subdivision. It shall be unlawful for anyone who is the owner or agent of the owner of any land to transfer, sell, agree to sell, or negotiate to sell such land by reference to or exhibition of or by other use of a plat or subdivision of such land without having submitted a plan and plat of such subdivision for approval as required by these regulations and recorded the approved subdivision plat as required. If such unlawful use be made of a plat before it is properly approved and recorded, the owner or agent of the owner of such land shall be deemed guilty of a misdemeanor and shall be punishable as provided in this Section.

C.

False Representation as to Maintenance Responsibility. Any owner or agent of the owner who falsely represents to a prospective purchaser of real estate that any facilities and services such as roads and streets, sewers, water systems or drainage facilities will be built, constructed, or maintained by Washington County shall be deemed guilty of a misdemeanor and shall be punishable as provided by law.

D.

Civil Remedies. If any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained or any building, structure, land, or water is used in violation of this Code, the Development Administrator, through the County Attorney, may institute any appropriate civil action or proceedings in any court to prevent, correct, or abate the violation.

E.

Criminal Penalties. Any person who violates any provision of this Code shall be deemed guilty of a misdemeanor and shall be subject to fine and imprisonment as provided by law.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)