§ 10.3. Enforcement Generally.

A.

Responsibility for Enforcement. City staff—in conjunction with the Code Enforcement Board and Special Magistrates established and provided code enforcement authority under Article 2: Administrative Authorities—shall have responsibility for enforcing the provisions of this Code. Enforcement authority may be assigned to Code Inspectors and other City officials involved with reviewing or inspecting development. All other officers and employees of the City shall have the duty to assist in enforcing this Code by reporting apparent violations of this Code to a Code Inspector or other City staff assigned responsibility for enforcement. Further references in this article to City staff shall include Code Inspectors or other City officials to whom code enforcement authority under this Code has been assigned.

B.

Complaints Regarding Violations. Whenever a violation of this Code occurs, or is alleged to have occurred, any person may file a complaint with City staff. The complaint shall state fully the cause and basis for the alleged violation. On receiving a complaint, City staff shall properly record such complaint and take appropriate action as provided by this Code.

C.

Inspections. On presenting proper credentials and obtaining consent, City staff may enter on land or inspect any structure to ensure compliance with the provisions of this Code. If consent to entry is refused, City staff may apply for an inspection warrant pursuant to State law.

D.

Investigation of Written Complaints. On receiving a written complaint about noncompliance with the provisions of this Code, City staff shall investigate the complaint and determine whether a violation of this Code exists.

E.

Enforcement Procedures. If City staff finds reasonable cause to believe a violation of this Code exists (whether from an investigation of a written complaint or otherwise), the City may act to enforce compliance with this Code in accordance with the notice and hearing procedures authorized by Chapter 162 of the Florida Statutes. This Code is not intended to provide procedures in addition to, or different from, those required or authorized by Chapter 162.

1.

Notice of Violation and Time for Correction. City staff shall provide the violator(s) written notice of the violation and a reasonable time period to correct the violation before the City invokes any of the remedies authorized in Section 10.4, Remedies and Penalties, or refers the violation to the Code Enforcement Board or a Special Magistrate for a hearing—provided, however, that City staff need not provide a written notice of violation on determining that a violation presents a serious threat to the public health, safety, or welfare, or is irreparable or irreversible, and need not provide a reasonable time to correct a violation on determining that the violation is a repeat violation.

2.

Action if Violation Is Not Corrected. If a violation has not been corrected by the time limit set forth in the notice of the violation, City staff may take appropriate action, as provided in Section 10.4, Remedies and Penalties, to correct and abate the violation and to ensure compliance with this Code, or may refer the violation to the Code Enforcement Board or a Special Magistrate with a request for a hearing.

3.

Hearing and Order by Code Enforcement Board or Special Magistrate. If a request for a hearing on a violation is referred to the Code Enforcement Board or a Special Magistrate, City staff shall schedule the hearing and provide notice of the hearing to the violator. The Code Enforcement Board or Special Magistrate, as appropriate, shall hold a hearing on the violation and issue an order affording the proper relief consistent with the actions authorized in Section 10.4, Remedies and Penalties, and the powers and duties granted by Article 2: Administrative Authorities, and State law.