Item F3
Revised 3/99
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 17, 2000
Division:
Growth Management
Bulk Item: Yes No X
Department: Code Enforcement
AGENDA ITEM WORDING: Approval to advertise an Ordinance repealing Chapter 6.3,
Monroe County Code (MCC) and ordain a revised Chapter 6.3, MCC to incorporate
numerous changes to Florida Statute 162 into the Code.
ITEM BACKGROUND: This proposed Ordinance is intended to update Chapter 6.3 of
the Monroe County Code and reflect changes in the enabling legislation. Some of the
major changes are a change in the statute governing repair and removal of unsafe/
unhealthy structures, changes in the methods of enforcement regarding notices to
appear before county court, changes in methods of notification of hearings, change from
board to special master, major changes relating to required notification by property
owners to agents and buyers of real property and the procedures required during
notification, change in amounts of maximum fines imposed, and a change in wording on
recovering costs of prosecution.
PREVIOUS RELEVANT BOCC ACTION: Passage of original Ordinance 51-1988
STAFF RECOMMENDATION: Approval.
N/A
BUDGETED: Yes 0 No 0
TOTAL COST: 0.00
COST TO COUNTY: 0.00
REVENUE PRODUCING: Yes X No 0
AMOUNT PER MONTH ?
YEAR ?
APPROVED BY: COUNTY A TTY X OMS/PURCHASING
RISK MANAGEMENT D
?.....3/-Da
DIVISION DIRECTOR APPROVAL:
TIMOTHY McGARRY,
DOCUMENTATION: INCLUDED: X TO FOllOW: 0 NOT REQUIRED: 0
DISPOSITION: AGENDA ITEM #: ~
ORDINANCE NO. -2000
AN ORDINANCE OF MONROE COUNTY, FLORIDA, REPEALING
CHAPTER 6.3, ARTICLES I AND II, MONROE COUNTY CODE,
"CODE ENFORCEMENT"; REPEALING EXISTING PROVISIONS
AND CREATING NEW PROVISIONS ESTABLISHING AND
REGULATING THE DEPARTMENT OF CODE ENFORCEMENT;
PROVIDING APPLICABILITY; PROVIDING DEFINITIONS;
PROVIDING FOR PENALITIES; PROVIDING METHODS FOR
NOTIFICATION; PROVIDING FOR THE CREATION OF THE
POSITION OF MONROE COUNTY CODE ENFORCEMENT
SPECIAL MASTER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE;
PROVIDING AN EFFECTIVE DATE
WHEREAS, Florida Statute 162 delegates authority to Monroe County, Florida, to create a
department of code enforcement and to establish procedures and methods of enforcement of
ordinances and codes;
WHEREAS, it is the intent of this Ordinance to promote, protect and improve the health, safety
and welfare of the residents of, and visitors to, Monroe County, Florida, by authorizing the
establishment of a department of code enforcement and establishing code enforcement procedures
to provide an equitable, expeditious and effective method of enforcing all codes and ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
Section 1. Purpose. The purpose of this Ordinance is to incorporate numerous changes to the
enabling Florida Statute.
Section 2. Repeal of Existing Code. Chapter 6.3 of the Monroe County Code, is hereby
repealed.
Section 3. Creation of New Provisions. Chapter 6.3 of the Monroe County Code is hereby
created to read as follows:
Chapter 6.3 CODE ENFORCEMENT
ARTICLE I. IN GENERAL
Sec. 6.3-1. Department of code enforcement, creation.
There is hereby created a department to be known as the department of code enforcement. Upon
the recommendation of the county administrator, the board of county commissioners may assign
the department to the division of county government the board determines to be appropriate. The
department shall be responsible for the enforcement of, but not limited to, the following
ordinances concerning: land development regulations, waste disposals, the comprehensive land
use plan, occupational licenses, fire, building, zoning, and sign codes, as well as any other
ordinances of Monroe County. The county administrator, with the approval of the board of
county commissioners, shall designate a director for the department of code enforcement, who
shall be a full time/permanent employee of the county and whose function it shall be to oversee
and administer the operations of the code enforcement department. The code enforcement
director, with the approval of the county administrator, shall appoint personnel for the code
enforcement department and shall designate which department personnel will be engaged in
enforcement as code inspectors. The board of county commissioners shall provide clerical and
administrative personnel as may be reasonably required by the code enforcement special master
for the proper performance of its duties; however, such staff shall be under the supervision and
direction of the code enforcement director.
Sec. 6.3-2. Definitions. (added) - As used in this chapter, the term;
(1) "Code inspector" means any authorized agent or employee of the county whose duty
it is to assure code compliance.
(2) "County attorney" means legal counsel for Monroe County.
(3) "Code enforcement special master" means a person hired by the board of county
commissioners to adjudicate violations of the Code of Ordinances.
(4) "Repeat violation" means a violation of a code provision by a person, who through a
quasi-judicial or judicial process, has been previously found to have violated or who
has admitted violating the same provision of the code within five years prior to the
violation, notwithstanding the violations occur at different locations.
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Sec. 6.3-3. Code enforcement special master; creation, powers and duties.
(a) The office of code enforcement special master is hereby created. All persons serving as
code enforcement special masters shall be appointed by the board of county
cormmsslOners. The board of county commissioners may appoint as many code
enforcement special masters as it determines is necessary. Compensation for the code
enforcement special masters must be established by a resolution of the board of county
commissioners, All persons appointed must have been members of the Florida Bar for
five (5) years and have experience in land use and local government law, Code
enforcement special masters may not hold any other appointive or elective office while
serving as special master. The code enforcement special master is granted the powers,
duties and authority, including the authority to impose fines and liens and to order
foreclosure of liens, granted by statute and ordinance.
(b) The county attorney shall advise and represent the code enforcement department.
(c) The code enforcement director shall appoint a recording secretary to the code
enforcement special master. The secretary shall keep minutes of all proceedings of the
special master, which minutes shall be a summary of all proceedings before the special
master, and shall be attested to by the secretary. The minutes shall be approved by the
director of code enforcement. In addition, the secretary shall maintain all records of the
code enforcement meetings, hearings and proceedings, as well as correspondence and a
mailing list of persons wishing to receive notices of meetings, agendas or minutes who
have paid a fee set by the board of county commissioners to cover copying and mailing
costs.
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Sec. 6.3-4. Enforcement procedure.
(a) It shall be the duty of the director of code enforcement, through the code inspectors, to
initiate enforcement proceedings of the various codes; however, the code enforcement
special master shall not have the power to initiate such enforcement proceedings.
(b) Except as provided in subsections (c) and (d), if a violation of the codes is found, the
code inspector shall notify the violator and give him a reasonable time to correct the
violation. Should the violation continue beyond the time specified for correction, the
director of the code enforcement department shall notify the code enforcement special
master and request a hearing. The code enforcement special master, through clerical
staff, shall schedule a hearing, and written notice of such hearing shall be hand-delivered
or mailed as provided in Section 162.12, Florida Statutes, or Section 6,3-10 of this Code
of Ordinances, to the violator, At the option of the code enforcement special master,
notice may additionally be served by publication or posting as provided in Section
162,12, Florida Statutes, or Section 6.3-10 of this Code of Ordinances. If the violation is
corrected and then recurs, or if the violation is not corrected by the time specified for
correction by the code inspector, the case may be presented to the code enforcement
special master even if the violation has been corrected prior to the hearing, and the notice
shall so state.
(c) If the code inspector has reason to believe a violation, or the condition causing the
violation presents a serious threat to the public health, safety and welfare, or if the
violation is irreparable or irreversible in nature, the code inspector shall make a
reasonable effort to notify the violator; and the director of code enforcement may
immediately notify the code enforcement special master and request a hearing.
(d) If a repeat violation is found, the code enforcement inspector shall notify the violator but
is not required to give the violator a reasonable time to correct the violation, The code
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enforcement inspector, upon notifying the violator of a repeat violation, shall notify the
director of code enforcement and request a hearing. The code enforcement special
master, through clerical staff, shall schedule a hearing and shall provide notice pursuant
to Section 162, Florida Statutes, or Section 6.3-10 of the Code of Ordinances. The case
may be presented to the code enforcement special master, even if the repeat violation has
been corrected prior to the hearing, and the notice shall so state. If the repeat violation
has been corrected, the code enforcement special master retains the right to schedule a
hearing to determine costs and impose the payment of reasonable enforcement fees upon
the repeat violator. The repeat violator may choose to waive hislher rights to this hearing
and pay said costs as determined by the code enforcement special master.
( e) If the owner of property which is subject to an enforcement proceeding before a special
master or a court transfers ownership of said property between the time the initial
pleading was served and the time of hearing, such owner shall:
(1) Disclose, in writing, the existence and the nature of the proceeding to the prospective
transferee.
(2) Deliver to the prospective transferee a copy of the pleadings, notices, and other
materials relating to code enforcement proceedings received by the transferor.
(3) Disclose, in writing, to the prospective transferee that the new owner will be
responsible for compliance with the applicable code and with orders issued in the code
enforcement proceeding.
(4) File a notice with the director of code enforcement of the transfer of the property, with
the identity and address of the new owner and copies of the disclosure made to the
new owner, within five (5) days after the date of transfer.
A failure to make the disclosures described in paragraphs (1), (2), and (3) before the
transfer creates a rebuttable presumption of fraud. If the property is transferred before the
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hearing, the proceeding shall not be dismissed, but the new owner shall be provided a
reasonable period oftime to correct the violation before the hearing is held.
Sec. 6.3-5. Conduct of hearing.
(a) A hearing shall be held upon request of the code enforcement director, or at such other
times as may be necessary. All hearings and proceedings shall be open to the public.
Code enforcement hearings shall be held at a time and place noticed by the director of
code enforcement.
(b) Each case before the code enforcement special master shall be presented by the county
attorney, or his designee, or by the director of code enforcement, or his designee, as may
be determined by the county attorney. The code enforcement special master shall
proceed to hear the cases on the agenda for that day, All testimony shall be under oath
and shall be recorded, The special master shall take testimony from the code inspector,
alleged violator, and any other relevant witnesses. Formal rules of evidence shall not
apply, but fundamental due process shall be observed and shall govern the proceedings.
If Monroe County prevails in prosecuting a case before the special master, it shall be
entitled to recover all costs incurred in prosecuting the case and such costs may be
included in the lien authorized under Section 162.09(3), Florida Statutes, or Section 6.3-7
of this Code of Ordinances.
(c) At the conclusion of the hearing, the code enforcement special master shall issue findings
of fact, based on evidence of record and conclusions of law, and shall issue an order
affording the proper relief consistent with powers granted in this chapter and by
applicable statutes. The order may include a notice that it must be compiled with by a
specified date and that a fine may be imposed, and under the conditions specified in
Section 162.09(1), Florida Statutes, or Section 6.3-7 of this Code of Ordinances, the costs
of repairs may be included along with a fine if the order is not complied with by said
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date. 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 violations concerns real property and the findings therein shall be binding upon the
violator and, if the violation concerns real property, any subsequent purchasers,
successors 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 code
enforcement special master 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,
Sec. 6.3-6. Powers of the enforcement special master.
(a) The code enforcement special master shall have the power to:
(1) Adopt rules for the conduct of hearings,
(2) Subpoena alleged violators and witnesses to hearings. Subpoenas shall be served by
the sheriff or others authorized to serve process.
(3) Subpoena evidence.
(4) Take testimony under oath.
(5) Issue orders having the force of law to command whatever steps are necessary to
bring a violation into compliance.
Sec. 6.3-7. Administrative fines; liens.
(a) The code enforcement special master, upon notification by the director of the department
of code enforcement that an order ofthe board has not been complied with by the set time
or upon finding that a repeat violation has been committed, may order the violator to pay
a fine not to exceed one thousand dollars ($1000.00) per day per violation for a first
violation, up to five thousand dollars ($5000.00) per day per violation for a repeat
violation, and up to fifteen thousand dollars ($15,000.00) per violation if the special
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master finds the violation to be irreparable or irreversible in nature. In addition, if the
violation is a violation described in Section 162.06(4), Florida Statutes, or in Section 6.3-
4( c) of this Code of Ordinances, the special master shall, through the director of code
enforcement, notify the board of county commissioners, which may make all reasonable
repairs which are required to bring the property into compliance and charge the violator
with the reasonable cost of repairs along with the fine imposed pursuant to this section,
Making such repairs does not create a continuing obligation on the part of the board of
county commissioners to make further repairs or to maintain the property and does not
create any liability against the board of county commissioners for any damages to the
property if such repairs were completed in good faith. If, after due notice and a hearing, a
code enforcement special master finds a violation to be irreparable or irreversible in
nature, he/she may order the violator to pay a fine as specified in this section and a
hearing shall not be necessary for issuance of the order.
(b) In determining the amount of the fine, if any, the code enforcement special master shall
consider the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator.
(c) A certified copy of an order imposing a fine, or a fine plus repairs costs, may be recorded
in the public records and thereafter shall constitute a lien against the land on which the
violation exists and upon any other real or personal property owned by the violator.
Upon petition to the circuit court, such order shall be enforceable in the same manner as
a court judgment by the sheriffs of this state, including levy against the personal property
of the violator, but shall not be deemed to be a court judgment except for enforcement
purposes. A fine imposed pursuant to this section shall continue to accrue until the
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violator comes into compliance or until judgment is rendered in a suit to foreclose on a
lien filed pursuant to this section, whichever occurs first. A lien arising from a fine
imposed pursuant to this section runs in favor of the board of county commissioners, and
the board may execute a satisfaction or release of lien entered pursuant to this section,
After three (3) months from the filing of any such lien which remains unpaid, the code
enforcement special master may authorize the county attorney to foreclose on the lien.
No lien created pursuant to the provisions of this chapter may be foreclosed on real
property which is a homestead under Section 4, Article X of the State Constitution,
Sec. 6.3-8. Duration of lien.
No lien provided under this chapter, or under Chapter 162, Florida Statutes, shall continue for a
period longer than twenty (20) years after the certified copy of an order imposing a fine has been
recorded unless within that time an action to foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to
recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure, The
board of county commissioners shall be entitled to collect all costs incurred in recording and
satisfying a valid lien, The continuation of the lien effected by the commencement of the action
shall not be good against creditors or subsequent purchasers for valuable consideration without
notice, unless a notice of lis pendens is recorded.
Sec. 6.3-9. Appeals.
An aggrieved party, including the board of county commIssIOners, may appeal a final
administrative order of the code enforcement special master to the circuit court. Such an appeal
shall not be a hearing de novo but shall be limited to appellate review of the record created
before the code enforcement special master. An appeal shall be filed within thirty (30) days of
the execution of the order to be appealed.
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Sec. 6.3-10. Notices.
(a) All notices required by this chapter shall be provided to the alleged violator by:
(1) Certified mail, return receipt requested, provided if such notice is sent under this
paragraph to the owner of the property in question at the address listed in the tax
collector's office for tax notices, and at any other address provided to the director of
code enforcement by such owner and is returned unclaimed or refused, notice may
be provided by posting as described in paragraphs (c)(1) and (2) of this section, and
by first class mail directed to the addresses furnished to the director of code
enforcement with a properly executed proof of mailing or affidavit confirming the
first class mailing;
(2) Hand delivery by the sheriff or other law enforcement officer, code inspector, or
other person designated by the board of county commissioners;
(3) Leaving the notice at the violator's usual place of residence with any person residing
therein who is fifteen (15) years of age or older and informing such person of the
contents of the notice; or
(4) In the case of commercial premises, leaving the notice with the manager or other
person in charge.
(b) In addition to providing notice as set forth in subsection (a), at the option of the code
enforcement special master, notice may also be served by publication as follows:
(1) Such notice shall be published once during each week for four (4) consecutive weeks
(four (4) publications being sufficient) in a newspaper of general circulation in
Monroe County. The newspaper shall meet such requirements as are prescribed
under Chapter 50, Florida Statutes, for legal and official advertisements.
(2) Proof of publication shall be made as provided in Sections 50.041 and 50.051,
Florida Statutes.
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(c) In lieu of publication as described in paragraph (b), the notice may be posted as follows:
(1) A notice may be posted at least ten (10) days prior to the hearing, or prior to the
expiration of any deadline contained in the notice, in at least two (2) locations, one
of which shall be the property upon which the violation is alleged to exist and the
other which shall be at the front door of a courthouse in the county.
(2) Proof of posting shall be by affidavit of the person posting the notice, which
affidavit shall include a copy of the notice posted and the date and places of its
posting.
(d) Notice by publication or posting may run concurrently with, or may follow, an attempt or
attempts to provide notice by hand delivery or by mail as required under subsection (a).
Evidence that an attempt has been made to hand deliver or mail notice as provided in
subsection (a), together with proof of publication or posting as provided in subsections
(b) and (c) shall be sufficient to show that the notice requirements of this chapter have
been met, without regard to whether or not the alleged violator actually received notice.
Sec. 6.3-11. Amendments to Chapter 162, Florida Statutes.
Any subsequent amendments to Chapter 162, Florida Statutes, which are in any way inconsistent
with Sections 6.3-1 through 6.3-9 of this chapter shall control over sections to the extent of any
inconsistency.
Sec. 6.3-12. Violation citations.
(a) Those Monroe County code inspectors designated by a resolution of the board of county
commissioners shall, when appropriate, according to the policy of the board of county
commissioners, have authority to issue citations for violations of the Monroe County
codes for disposition in county court as provided for in Chapter 76-435, Laws of Florida,
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(b) All forms required to make Chapter 76-435, Laws of Florida, operable shall be drafted by
the county attorney in consultation with the county administrator, the state attorney and
the various county court judges.
(c) Nothing in this chapter shall be construed to, in any way, amend or modify Chapter
76-435, Laws of Florida, under Article VIII, Section 6(d), Florida Constitution.
Sec. 6.3-13. Code enforcement by other means.
Nothing in this chapter shall be construed to preempt or prohibit Monroe County from enforcing
its codes by any other lawfully available means.
Sec. 6.3-14. Passage of four years a bar to prosecutions.
(a) All prosecutions before the code enforcement special master shall be initiated within four
(4) years of the occurrence of the event complained of or be forever barred. For the
purpose of this section, "initiated" shall mean the filing of a notice of violation, issuance
of a notice to appear, or issuance of a civil citation by the code enforcement department.
Except, however, that this section shall not bar the initiation of a prosecution before the
code enforcement special master based on the unlawful construction of a structure below
the base flood elevation level. Further, it will not bar prosecution of the minimum
standards of use of a below base flood elevation structure as outlined in the Code of
Federal Regulations 44.
(b) After the effective date of this section, any violation of this section, the vacation rental
ordinance, a special vacation rental permit or permit conditions, shall be considered a
new violation. Previous vacation rental leases or uses, or the failure to bring enforcement
against vacation rental violations pre-dating this section shall not act as laches or a bar to
enforcement actions brought for new violations occurring after the effective date of this
section.
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(c) Occupancy agreements for RV spaces for a period of six (6) months or more in duration
by an individual RV within a particular RV park, other than in a designated storage area,
shall be discontinued and shall not be entered into or renewed after the effective date of
this section. Each lease, sublease, assignment or other occupancy agreement for RV
spaces of six (6) months or more in duration in a particular RV park, other than in a
designated storage area, shall be considered a new violation. Previous leases or
agreement for occupancy or storage of recreation vehicles on RV spaces within a
particular RV park, other than for storage in a designated storage area, shall be
discontinued and not be renewed, extended or act as laches or bar enforcement actions
brought for new violations occurring after the effective date of this section.
Sees. 6.3-15--6.3-30. Reserved.
ARTICLE II. SUPPLEMENTAL CODE ENFORCEMENT*
Sec.6.3-31. Legislative intent.
It is the intention of the Monroe County Commission through the adoption of this article to make
available the supplemental code enforcement procedures of Section 162.21, Florida Statutes, for
use in code enforcement by Monroe County. As used in this article, "code enforcement officer"
means any designated employee or agent of Monroe County whose duty it is to enforce codes
and ordinances enacted by the board of county commissioners.
Sec. 6.3-32. Code enforcement officers designated.
Monroe County code enforcement inspectors, under the direction of the code enforcement
director, are hereby designated code enforcement officers for the purposes of Section 162.21,
Florida Statutes, and this article.
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Sec. 6.3-33. Violations of certain codes declared a civil infraction.
It is hereby declared that the violation of a duly enacted ordinance or code of Monroe County,
Florida, is a civil infraction. All such ordinances and codes may be enforced through the citation
procedure set forth in this article except:
(a) The enforcement pursuant to Sections 553.79 and 553.80, Florida Statutes, of
building codes adopted pursuant to Section 553.73, Florida Statutes, as they apply to
construction, provided that a building permit is either not required or has been issued
by the county. For the purposes of this subsection, ''building codes" means only
those codes adopted pursuant to Section 553.73, Florida Statutes.
(b) Whenever else prohibited by law.
Sec. 6.3-34. Schedule of violations and penalties.
All Monroe County codes and ordinances may be enforced through this article by means of a
citation to County Court of Monroe County, Florida, except where prohibited by Section 6.3-33,
Monroe County Code. Any person cited may contest the citation in county court. A violation of
a code or ordinance shall result in the assessment of a civil penalty of two hundred dollars
($200.00) if the person who committed the civil infraction does not contest the citation. If the
person cited contests the citation and is adjudicated in violation, fails to pay the two hundred
dollar ($200.00) civil penalty within the time allowed, or fails to appear in court to contest the
citation, judgment may be entered against the person for an amount up to the maximum civil
penalty, not to exceed five hundred dollars ($500.00). Persons receiving a citation shall either
pay the two hundred dollar ($200.00) civil penalty to the clerk of circuit court's office, or request
from the clerk a county court date to contest the citation, within ten (10) days of receiving the
citation excluding the date of the receipt. Any person who willfully refuses to sign and accept a
citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second
degree, punishable as provided in Section 775.082 or 775.083, Florida Statutes.
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Sec. 6.3-35. Violations procedure.
(a) A code enforcement officer is authorized to issue a citation to a person when, based upon
personal investigation, the officer has reasonable cause to believe that the person has
committed a civil infraction in violation of a duly enacted Monroe County code or
ordinance and that the county court will hear the charge. Prior to issuing a citation, a
code enforcement officer shall provide notice to the person that the person has committed
a violation of a code or ordinance and shall establish a reasonable time period within
which the person must correct the violation. Such time period shall be no more than
thirty (30) days. If, upon personal investigation, a code enforcement officer finds that the
person has not corrected the violation with the time period, a code enforcement officer
may issue a citation to the person who has committed the violation. A code enforcement
officer does not have to provide the person with a reasonable time period to correct the
violation prior to issuing a citation, and may immediately issue a citation, if the code
enforcement officer has reason to believe that the violation presents a serious threat to the
public health, safety or welfare, or if the violation is irreparable or irreversible.
(b) A code enforcement officer shall issue a citation in a form prescribed by resolution of the
board of county commissioners containing the following information:
(1) The date and time of issuance.
(2) The name and address of the person to whom the citation is issued.
(3) The date and time the civil infraction was committed.
(4) The facts constituting reasonable cause.
(5) The number or section of the code or ordinance violated.
(6) The name and authority of the code enforcement officer.
(7) The procedure for the person to follow in order to pay the civil penalty or to contest
the citation.
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(8) The applicable civil penalty if the person elects to contest the citation.
(9) The applicable civil penalty if the person elects not to contest the citation.
(10) A conspicuous statement that if the person fails to pay the civil penalty within the
time allowed, or fails to appear in court to contest the citation, the person shall be
deemed to have waived the right to contest the citation and that, in such case,
judgment may be entered against the person for an amount up to the maximum civil
penalty.
(c) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the
original and one (1) copy of the citation with the county court. A copy shall be provided
to the alleged violator and a copy retained by the code enforcement officer.
Sec. 6.3-36. Notice to appear.
(a) A code enforcement officer designated by the board of county commissioners may issue
a notice to appear at a hearing conducted by a county court if the officer, based on
personal investigation, has reasonable cause to believe that the person has violated a code
or ordinance. A "notice to appear" means a written order issued by a code enforcement
officer in lieu of physical arrest requiring a person accused of violating the law to appear
in a designated court or governmental office at a specified date and time. If a person
issued a notice to appear under this section refuses to sign such a notice, the code
enforcement officer has no authority to arrest such a person but may call upon a law
enforcement officer to witness the issuance of the notice. The law enforcement officer
may take enforcement methods that include, but are not limited to, those provided for in
Chapter 901, Florida Statutes.
(b) Prior to issuing a notice to appear, a code enforcement officer shall provide written notice
to the person that the person has committed a violation of a code or ordinance and shall
establish a reasonable time period within which the person must correct the violation.
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Such time period shall be no fewer than five (5) days and no more than thirty (30) days.
If, upon personal investigation, a code enforcement officer finds that the person has not
corrected the violation within the prescribed time period, a code enforcement officer may
issue a notice to appear to the person who has committed the violation. A code
enforcement officer is not required to provide the person with a reasonable time period to
correct the violation prior to issuing a notice to appear and may immediately issue a
notice to appear if a repeat violation is found, or if the code enforcement officer has
reason to believe that the violation presents a serious threat to the public health, safety, or
welfare or that the violator is engaged in violations of an itinerant or transient nature, or if
the violation is irreparable or irreversible. A violation of an itinerant or transient nature is
one that takes place on a particular parcel of property for a period of less than five (5)
days which will be discontinued or will be moved to another parcel of property.
Sec. 6.3-37. Provisions supplemental.
The provisions of this article are an additional and supplemental means of enforcing Monroe
County codes and ordinances and may be used for the enforcement of any code or ordinance,
except as provided in Section 6.3-33. Nothing contained in this chapter shall prohibit Monroe
County from enforcing its codes and ordinances by any other means.
Section 4. Severability. If any section, subsection, sentence, clause or provision of this
Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such
invalidity.
Section 5. Repeal of Inconsistent Provisions. All ordinances or parts of Ordinances of
Monroe County, Florida, in conflict with provisions of this Ordinance are hereby repealed to the
extent of such conflict.
Section 6. Inclusion in Monroe County Code. The provisions of this Ordinance shall
be included and incorporated in the Code of Ordinances of Monroe County, Florida, and may be
appropriately renumbered to conform to the uniform numbering system of the Code.
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Section 7. Effective Date. This Ordinance shall become effective upon its passage and
adoption and authentication by the signature of the presiding officer and the Clerk of the County.
PASSED AND ADOPTED BY THE Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the day of , 2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
(SEAL)
ATTEST:
DANNY L. KOLHAGE
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairperson
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