§ 2-679. Violations; procedure.  


Latest version.
  • (a)

    Prior to issuing a citation pursuant to this division, a code compliance officer shall provide notice to the person that the person has committed a violation of a code provision 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 30 days. If, upon personal investigation, a code compliance officer finds that the person has not corrected the violation within the time period, a code compliance officer may issue a citation to the person who has committed the violation. A code compliance 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 a repeat violation is found or if the code compliance 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 compliance officer shall issue a citation in a form prescribed by the city 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 compliance officer.

    (7)

    The procedure for the person to follow in order to pay the civil penalty or to contest the citation.

    (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 compliance officer shall deposit the original and one copy of the citation with the county court.

    (d)

    This section is an additional and supplemental means of enforcing those city codes or ordinances referred to in section 2-677. Nothing contained in this division shall prohibit the city from enforcing its codes or ordinances by any other lawful means.

(Code 1986, § 13.11; Ord. No. 16-06, § 19, 5-17-2016)

State law reference

Similar provisions, F.S. § 162.21(3), (4).