§ 10-8. Procedures for implementation of Fla. Stat. ch. 162, pt. II—Citation.

(a)

A violation of the City Code, an ordinance, a resolution issued pursuant to any provision of the Code, or any development permit or order of the City, is a civil infraction.

(b)

A Code Compliance Officer with reasonable cause to believe that a person has committed an act in violation of the City Code or ordinance may issue a notice and citation in the manner and form prescribed by Fla. Stat. ch. 162.

(c)

The maximum fine for a civil infraction shall not exceed $500.00 per violation. Specifically, violation of Subsection 22-22(c) shall carry a fine of $100.00, subject to change by resolution of the City Council as provided herein.

(d)

Each violation of the Code shall be a separate civil infraction. Each day a violation continues shall be deemed to constitute a separate civil infraction and no additional citation shall be required.

(e)

The City Council may adopt by resolution a schedule of fines for citations.

(f)

The fine for a violation shall be reduced if the violator does not contest the citation.

(g)

The City Manager may refer a citation to County court for disposition.

(h)

A violator may elect to contest the citation before the Special Magistrate or County court by requesting a hearing with the City within 14 days of the date of the violation.

(i)

If the violator has been previously cited for the same violation at least two (2) times within a 12-month period, upon the issuance of a third or subsequent citation, the violator shall not have the option of paying the reduced fine but instead shall appear before the Special Magistrate or the County Court to answer the charge. The Special Magistrate or County Court, after a hearing on the citation, shall make a determination whether or not a violation of the Code has been committed. If a violation is found to have occurred, the Special Magistrate or County Court shall enter a final order against the violator imposing the mandatory fine as set forth by resolution, plus the reasonable costs of prosecution as set forth by resolution of the City Council. The final order shall also specify that the violator shall abate or correct the violation.

(j)

Should the cited violator schedule a hearing as provided for herein and thereafter fail to appear at such hearing, the violator shall be deemed to have waived the right to contest the citation, and the Special Magistrate or Court shall enter a final order against the violator imposing an amount up to the maximum fine as set forth in this chapter plus the reasonable costs of prosecution as set forth by resolution of the City Council. The final order shall also specify that the violator shall abate or correct the violation.

(k)

If the violator fails to comply with the Special Magistrate's final order to pay the fine and abate or correct the violation, the City may petition a Court of competent jurisdiction to enforce the final order in the same manner as a court judgment.

(l)

In the event the Special Magistrate enters a final order assessing a fine against the cited violator as provided herein, the City may record a certified copy of said final order in the public records. The recorded final order shall constitute a lien against the real and personal property owned by the violator. After three (3) months from the date of filing of any such lien, which remains unpaid, the City may foreclose or otherwise execute on the lien.

(m)

The City Manager may refer a citation to County court for disposition. The Clerk of Court or City Manager or designee shall notify the violator of the date, time, and location of any scheduled hearing. If the violator fails to appear for the scheduled court hearing, the violator shall have waived any right to contest the citation and a judgment shall be entered against the violator in an amount up to the maximum fine plus any applicable court costs. In addition, an Order to Show Cause may be issued by the County Judge requiring the person cited to appear in County court to explain the person's failure to appear in court. Failure to respond to the Order to Show Cause may result in issuance of a civil contempt order.

(n)

A County Judge, after a hearing on the citation shall make a determination whether or not a violation of the Code has been committed. If a violation is found to have occurred, the County Judge shall order the violator to correct the violation and impose a fine up to the maximum fine allowed plus all applicable costs of prosecution, legislative assessments, and court costs.

(o)

If the violator fails to pay the fine or correct the violation within the time provided, the County Judge shall enter a civil judgment against the violator in an amount up to the maximum fine.

(p)

Should the violator fail to comply with a court order to abate or correct the violation, the court, after due notice and hearing on the matter, may hold the violator in civil contempt and may enter an order to that effect.

(q)

In the event that a civil judgment is entered against the violator as provided herein, the City may record a certified copy of said judgment in the public records.

(r)

If the violator so refuses to sign the citation, the Code Compliance Officer shall write the words "Refused" or "Refused to Sign" in the space provided for the violator's signature and shall then leave a copy of the citation with the violator, if possible.

(s)

Any violator who willfully refuses to sign and accept a citation issued by a Code Compliance Officer shall be guilty of a misdemeanor of the second degree pursuant to Fla. Stat. § 162.21(6).

(t)

A separate administrative fee shall be imposed for each hearing on violation and hearing of noncompliance for which the violator is found to be in violation or noncompliance, respectively.

(Ord. No. 02-07-09, § 2(6.3-8), 7-9-2002; Ord. No. 2007-11, §§ 2, 4—6, 5-22-2007; Ord. No. 2016-03 , § 5, 4-26-2016; Ord. No. 2017-03 , § 6, 7-11-2017)