§ 2-159. Conduct of hearings.

(a)

Upon request of the code inspector, or at such other times as may be necessary, the chairperson of the code enforcement board may call a hearing of the code enforcement board. A hearing also may be called by written notice signed by at least three members of the code enforcement board. Minutes shall be kept of all hearings by the code enforcement board, and all hearings and proceedings shall be open to the public. The town commission shall provide clerical and administrative personnel as may be reasonably required by the code enforcement board for the proper performance of its duties.

(b)

At any hearing, proof of the commission of a violation of any code or ordinance shall be by a preponderance of the evidence. Unless otherwise required by law, formal rules of evidence shall not apply but fundamental due process shall be observed and shall govern the proceedings.

(c)

Each case before the code enforcement board shall be presented by the town attorney or by a member of the administrative staff of the town commission. If the town commission prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under F.S. § 162.09(3) as limited by the following: When the alleged violator is not a repeat violator or does not have a history of other violations, and when the alleged violation is not willful and malicious, the town shall limit its recovery of cost to the cost of:

(1)

Expert witnesses.

(2)

Stenographers.

(3)

Photographers.

(4)

Preparation of all demonstrative documents.

(5)

All other expenses that the town was required to pay to entities and persons not employed by the town.

(d)

The code enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The code enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

(e)

At the conclusion of the hearing, the code enforcement board 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 article. The finding shall be by motion approved by a majority of those members present and voting, except that at least four members must vote in order for the action to be official. 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), the cost of repairs may be included along with the fine if the order is not complied with by such 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 violation 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 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.

State law reference

Conduct of code enforcement hearings, F.S. § 162.07.