§ 9-26. Enforcement procedure.

Except where the Code Inspector charged with enforcing a particular section of a code or ordinance has reason to believe that a code violation presents a serious threat to the public health, safety or welfare, the code enforcement procedure under this article shall be as follows:

(1)

It shall be the duty of the Code Inspector to initiate enforcement proceedings.

(2)

Where the Code Inspector finds or is made aware of a code violation, the Code Inspector shall notify the violator and such notice of violation shall provide a reasonable time within which to correct the violation. Should the violation continue beyond the time specified in the correction notice, the Code Inspector schedule a hearing before the Board. Notice of such hearing shall be provided to the violator. The term "reasonable time" means the time that would be required by a prudent person acting diligently to correct the violation, taking into consideration the scope of the work required, the necessity to obtain any required permit or other approval by a government agency, and delays that may reasonably be expected to be encountered such as but not necessarily limited to the weather; however, where a different time period in which to correct the violation is provided for by the ordinance being enforced, that time period shall constitute reasonable time for that particular violation.

(3)

If the Code Inspector has reason to believe a violation presents a serious threat to the public health, or welfare, or if the violation is irreparable or irreversible in nature, the Code Inspector shall make a reasonable effort to notify the violator and may immediately request a hearing.

(4)

If a Code Inspector finds a repeat violation the Inspector shall notify the violator but is not required to give the violator a reasonable time to correct the repeat violation. Upon notifying the violator, the Code Inspector shall notify the clerk who shall schedule a hearing before the Board and provide notice to the violator. The case may be presented to the Board even if the repeat violation has been corrected prior to the Board hearing, and the notice shall so state.

(Code 1973, § 2-94; Code 1992, § 9-26; Ord. No. 1183-F, § 2, 7-12-1990; Ord. No. 2081-F, § 3, 9-5-1991; Ord. No. 699-G, § 1, 11-4-2004)

State law reference

Similar provisions, F.S. § 162.06.