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 Daytona Beach
 Land Development Code
 Article 2. ADMINISTRATIVE AUTHORITIES

  § 2.8. Special Magistrates.  

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  • A.

    Establishment. The City Commission is hereby authorized in accordance with State law to appoint one or more Special Magistrates to provide an equitable, expeditious, effective, and inexpensive method of enforcing this Code and other authorized City Codes and ordinances for all parties. Nothing in this section shall prohibit the City from using a Special Magistrate or the Code Enforcement Board to hear and decide enforcement cases in lieu of the other.

    B.

    Powers and Duties. Special Magistrates shall have all the powers and duties granted to the Code Enforcement Board by State law, this Code, and the City Commission, including the following powers and duties, as further set forth in Article 10: Enforcement:

    1.

    To conduct administrative hearings concerning alleged violations of this Code and other authorized City Codes and Ordinances—Including authority to subpoena alleged violators, witnesses, and evidence to such hearings and to take testimony under oath;

    2.

    To issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance;

    3.

    To impose fines, or fines plus enforcement and repair costs, for repeat violations or noncompliance with his or her orders;

    4.

    To carry out any other powers and duties delegated to them by the City Commission, in accordance with State law.

    C.

    Appointment and Terms of Office.

    1.

    From time to time, based on the City Attorney's recommendation, the City Commission may appoint, by resolution, one or more Special Magistrates to perform the powers and duties set forth in subsection B above.

    2.

    Every Special Magistrate shall be an attorney duly licensed to practice law in the State of Florida for a period of at least five years and shall be a member in good standing of the Florida Bar.

    3.

    No Special Magistrate shall be considered to be a City employee.

    4.

    The resolution appointing a Special Magistrate may fix terms and conditions on the appointment, in accordance with the provisions of this section.

    5.

    Conditions of appointment fixed by the appointing resolution may include compensation for the Special Magistrate's services, and costs such as travel, mileage, and per diem expenses, subject to compliance with the City's record-keeping and other documentation requirements. Rates for such compensation shall be as established in the appointing resolution or if the resolution is silent as to rates, by administrative order of the City.