§ 2-160. Citations.

(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 code or ordinance and that the county court will hear the charge. Additionally, the code enforcement officer shall:

(1)

Have the authority to issue citations for repeat violations if violations of the same ordinance provision by the same offender have occurred within five years of each other.

(2)

Have the authority to issue citations to any person who obstructs or hinders a code enforcement officer from performing the responsibilities of a code enforcement officer.

(3)

Have the authority to issue stop work orders and may issue a citation to any person who willfully refuses to comply with a stop work order. A citation for refusing to stop work may be issued without a warning notice.

(b)

A code enforcement officer shall not have the power of arrest, unless the authority exercised is that of a law enforcement officer.

(c)

Prior to issuing a citation, the 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 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation.

(d)

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 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 if the violation is irreparable or irreversible.

(e)

A citation issued by a code enforcement officer shall be in a form prescribed by the town and shall contain:

(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.

(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 his 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.

(f)

After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with the county court.

(g)

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 F.S. § 775.082 or F.S. § 775.083.

(h)

The provisions of this article shall not apply to the enforcement pursuant to F.S. §§ 553.79 and 553.80 of the Florida Building Code adopted pursuant to F.S. § 553.73 as applied to construction, provided that a building permit is either not required or has been issued by the town.

(i)

The provisions of this section are additional and supplemental means of enforcing town codes or ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this section shall prohibit the town from enforcing its codes or ordinances by any other means.

State law reference

Enforcement of city codes or ordinances, penalties, F.S. § 162.21; enforcement by code inspector, F.S. § 166.0415.