§ 2-194. Conduct of hearing.

(a)

The special magistrate or the chair of the code enforcement board will schedule all hearings. Code enforcement board hearings may also be called by written notice signed by at least three members of the code enforcement board. All hearings of the special magistrate shall be recorded. Minutes shall be kept by the code enforcement board of all hearings of the code enforcement board. All hearings and proceedings shall be open to the public. The board shall provide clerical and administrative staff as may be reasonably required by the special magistrate or the code enforcement board for the proper performance of the special magistrate's duties or the code enforcement board's duties.

(b)

The special magistrate or code enforcement board shall proceed to hear the cases scheduled for that day.

(c)

The department shall present its case and the alleged violator shall present his case.

(1)

In hearings before the special magistrate, the department's case may be presented by the code inspector, or the county attorney, or by a member of the administrative staff of the department. The alleged violator's case may be presented by the alleged violator or by an attorney.

(2)

In hearings before the code enforcement board, the department's case may be presented by the code inspector, or an attorney for the department, or by a member of the administrative staff of the department. The alleged violator's case may be presented by the alleged violator or by an attorney.

(d)

Prior to the taking of other testimony, the alleged violator shall be asked if he wishes to contest the charges.

(e)

Both parties may call witnesses and all witnesses shall be sworn.

(f)

Both parties may cross examine witness and present rebuttal evidence.

(g)

The special magistrate or code enforcement board shall take testimony from the code inspector, the administrative staff of the county, the alleged violator, and any other witnesses whose testimony is considered relevant by the special magistrate or code enforcement board. The special magistrate or code enforcement board may call or question any witness or party.

(h)

All testimony shall be under oath and shall be recorded.

(i)

Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern said proceedings.

(j)

At the conclusion of the hearing, the special magistrate or code enforcement board shall issue an order containing findings of fact, based on the evidence of record, and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed, and under the conditions specified in F.S. § 162.09(1), as may from time to time be amended, the cost of repairs may be included along with the fine if the order is not complied with by said date.

(k)

After an order has been issued by the special magistrate or code enforcement board and a date for compliance has been set, the code inspector or other designated county official shall make a reinspection to determine compliance or noncompliance with the order.

(l)

If the violator has complied with the order, the code inspector shall notify the special magistrate or code enforcement board, either by filing of an affidavit of compliance, or by testimony at the next special magistrate or code enforcement board hearing. If there is compliance, the special magistrate or code enforcement board shall dismiss the case and the department shall close the file.

(m)

If the violator has not complied with the order, the code inspector shall notify the special magistrate or code enforcement board, either by filing of an affidavit of noncompliance or by testimony at the next special magistrate or code enforcement board hearing. If there is noncompliance, the special magistrate or code enforcement board may impose a fine, pursuant to the terms of section 2-196 of this article.

(n)

A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the finds therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successor in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the special magistrate or code enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

(o)

The special magistrate or code enforcement board may, at any hearing, order the reappearance of a party at a future hearing.

(p)

If the county prevails in prosecuting a case before the special magistrate or code enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the special magistrate or code enforcement board and such costs may be included in the lien authorized under F.S. § 162.09(3), as may from time to time be amended.

(q)

Secretary to the special magistrate: The department shall appoint a secretary to the special magistrate. The secretary shall keep tapes and dockets of all proceedings of the special magistrate. In addition, the secretary shall maintain all records of the special magistrate, the special magistrate's hearings and proceedings, and the correspondence of the special magistrate related to such hearings and proceedings.

(r)

Secretary to the code enforcement board. The department shall appoint a recording secretary to the code enforcement board. The recording secretary shall keep minutes of all proceedings of the code enforcement board, which minutes shall be a summary of all proceedings before the code enforcement board, which shall be attested to by the secretary, which shall include the vote for each member upon every question. The minutes shall be approved by a majority of the members of the code enforcement board voting. In addition, the recording secretary shall maintain all records of the code enforcement board, its meetings, hearings, and proceedings, and the correspondence of the code enforcement board related to such hearings and proceedings.

(Ord. No. 2006-04, § 9, 7-13-06)