§ 2-148. Enforcement procedure.

(a)

It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes of the city.

(b)

Except as provided in subsections (c) and (d), if a violation of the code is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify the special master and request a hearing date. The special master shall schedule a hearing and written notice of such hearing shall be hand delivered or mailed as provided in F.S. § 162.12 to said violator. At the option of the special master, notice may additionally be served by publication or posting as provided in F.S. § 162.12. 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 special master even if the violation has been corrected prior to the hearing and the notice shall so state.

(c)

If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector upon notifying the violator of a repeat violation shall notice the special master and request a hearing. The special master shall schedule a hearing and shall provide notice pursuant to F.S. § 162.12. The case may be presented to the special master even if the repeat violation has been corrected prior to the hearing and the notice shall so state. If the repeat violation has been corrected, the special master 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 or her rights to this hearing and pay said costs as determined by the special master.

(d)

If the code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare, or the violation is irreparable or irreversible in nature, the code inspector shall serve a notice of violation on the alleged violator as set forth in subsection (b) above, and said notice shall request immediate compliance and an emergency hearing before the special master which shall be held as soon as possible after service notifying the alleged violator of the violation and the emergency hearing date has been made.

(e)

If the owner of property which is subject to an enforcement proceeding before a special master transfers ownership of such property between the time the initial pleading was served and the time of such hearing, such owner shall:

(1)

Disclose in writing the existence and the nature of the proceedings to the prospective transferee.

(2)

Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceedings received by the transferor.

(3)

Disclose in writing to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding.

(4)

File a notice with the city marshal of the transfer of the property with the identity and address of the new owner and copies of the disclosures made to the new owners within five days after the date of the transfer. A failure to make the disclosure as described in subsections (a), (b), and (c) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held.

(Ord. No. 911, § 71-4, 7-6-2004)