§ 2-300. Enforcement procedure.

(a)

It shall be the duty of the code enforcement officer to investigate complaints of violations of city codes and to initiate enforcement proceedings relative thereto. Special masters shall not have any independent authority to conduct their own investigation of such complaints or to initiate enforcement proceedings.

(b)

Except as provided in subsections (d), and (e) of this section, if a violation of a code is found, the code enforcement officer shall notify the violator in writing and advise him or her of the nature of the violation and shall give the violator a reasonable time to correct the violation. However, a "fire safety inspector" as that term is defined in F.S. § 633.052, shall provide the violator a minimum time period of forty-five (45) days to correct the violation, except for major structural changes, which may be corrected within an extended adequate period of time. A Life Safety Code violation as per National Fire Prevention Codes may be ordered to comply in less than forty-five (45) days. In the event the violation continues to exist beyond the time specified for correction, the code enforcement officer shall issue a citation to the violator in accordance with the requirements of section 2-301.

(c)

The case may be presented to a special master even if the violation has been corrected prior to the hearing but after the initial time period for compliance. The special master shall have the right to levy a fine for each day the violation was in existence beginning with the date of the citation through the date the code enforcement officer confirms compliance. It is the responsibility of the violator to notify the city that the violation has been corrected. The violation will be deemed to have continued until the code enforcement officer has determined that the violation has been corrected.

(d)

If a repeat violation is found, the code enforcement officer shall notify the violator in writing and advise him or her of the nature of the repeat violation, but is not required to give the violator a reasonable time to correct the repeat violation. The code enforcement officer shall, upon notifying the violator of a repeat violation, issue a citation to the violator in accordance with the requirements of section 2-301. The case may be presented to a special master even if the repeat violation has been corrected prior to the hearing. The special master shall have the authority to levy a per day fine beginning on the day that the violation was first observed by the code enforcement officer until the violation is corrected.

(e)

If a code enforcement officer has reason to believe a violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, a code enforcement officer shall make a reasonable effort to notify the violation of the same and may immediately issue a citation and schedule the matter for a hearing before a special master.

(f)

Each day that a violation exists shall constitute a separate violation for the purpose of assessing a fine by a special master.

(g)

All fines imposed pursuant to this article shall be paid to the city through its finance department and shall be paid by cash or check with coins only being accepted for any amounts which may require change to pay the exact amount.

(Ord. No. 03-37, § 1, 1-13-04)