§ 15-20. Violations prosecuted as civil infractions.
(a)
Definitions. As used in this section and in the provisions of this Code specifically authorizing the use of this section in the enforcement thereof, the following terms and phrases shall have the meanings herein ascribed unless the context clearly requires otherwise:
(1)
Adjudicated violation shall mean a violation for which a person is deemed guilty under subsection (g), or adjudicated guilty under subsection (i), or adjudicated guilty pursuant to the prosecution thereof as a misdemeanor under this Code.
(2)
Board shall mean the Board of County Commissioners of the county.
(3)
Civil citation shall mean a civil citation conforming with the requirements of subsection (e).
(4)
Code enforcement officer shall mean a code enforcement officer so designated under subsection (n).
(5)
County shall mean Clay County, Florida.
(6)
Habitual violation shall mean a repeat violation occurring after the second violation applicable thereto has become an adjudicated violation, and so charged in a civil citation.
(7)
Initial violation shall mean a violation other than a second violation or a habitual violation, and so charged in a civil citation.
(8)
Notice of violation shall mean a notice of violation conforming with the requirements of subsection (d).
(9)
Prior violation shall mean the violation upon which a subsequent violation is deemed a repeat violation by reason that both violations were committed by the same person under the same conditions and circumstances in violation of the same provision of this Code but on different occasions.
(10)
Repeat violation shall mean a violation occurring after the issuance of a civil citation for the prior violation applicable thereto.
(11)
Second violation shall mean a repeat violation occurring after the prior violation applicable thereto has become an adjudicated violation, and so charged in a civil citation, and upon which a subsequent violation is deemed a habitual violation.
(12)
Violation shall mean a violation of a provision of this Code subject to prosecution under this section as a civil infraction.
(b)
Enforcement. Pursuant to the authority provided in Section 162.21, Florida Statutes (2000), the provisions of this section may be used to enforce those provisions of this Code specifically authorizing the same as an alternative to enforcement by any other means authorized under this Code. Any violation prosecuted under this section shall constitute a civil infraction, punishable by the imposition of the applicable civil penalty set forth in subsection (j) based upon the category of the civil infraction; provided, if a person shall contest a civil citation and be adjudicated by the county court to be guilty of the violation, the county court shall have the authority to increase the applicable civil penalty to an amount not to exceed five hundred dollars ($500.00). Unless otherwise specified in this Code, a violation shall be designated as a category 1 civil infraction. The formal charging of the commission of a civil infraction shall be by the issuance of a civil citation.
(c)
Notice of violation. If, upon personal investigation, a code enforcement officer finds that a person has committed or is responsible for the commission of a violation, he or she may issue to such person a notice of violation.
(d)
Form of notice. A notice of violation issued under subsection (c) shall be in writing and shall set forth the following information:
(1)
The date and time of issuance.
(2)
The name and address of the person to whom issued.
(3)
The date and time the violation is alleged to have occurred.
(4)
The location of the violation.
(5)
The facts constituting reasonable cause.
(6)
Identification by number of the particular provision of this Code violated and the designated category of the civil infraction.
(7)
The name and authority of the issuing code enforcement officer.
(8)
A conspicuous statement demanding that the person to whom issued correct the violation by ceasing or causing to cease the unlawful act or event that is the subject thereof within a reasonable time period specified by the code enforcement officer, but not to exceed thirty (30) days, or immediately if the violation is deemed by the code enforcement officer to be irreparable or irreversible.
(9)
A conspicuous notice that the failure to correct the violation within the time period specified will result in the issuance of a civil citation, and that a civil citation will be issued for any repeat violation without further notice.
(e)
Civil citation. If, upon personal investigation, a code enforcement officer finds that the person issued a notice of violation under subsection (c) has not corrected the violation by ceasing or causing to cease the unlawful act, condition or event that is the subject thereof within a specified period of time, he or she may issue a civil citation formally charging the person with the violation that was the subject of the notice of violation. A code enforcement officer is not required to issue a notice of violation prior to issuing a civil citation, and may proceed with the immediate issuance of a civil citation, if, upon personal investigation, he or she finds that a repeat violation has occurred, or has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or that the violation is irreparable or irreversible.
(f)
Form of citation. A civil citation issued under subsection (e) shall be in writing and shall set forth the following information:
(1)
The date and time of issuance.
(2)
The name and address of the person to whom the civil citation is issued.
(3)
The date and time the civil infraction was committed.
(4)
The facts constituting reasonable cause.
(5)
Reference to this section, identification by number of the particular provision of this Code violated, and the designated category of the civil infraction.
(6)
Whether the civil infraction is charged as an initial violation, a second violation or a habitual violation.
(7)
The name and authority of the issuing code enforcement officer.
(8)
The procedure for the person to follow in order to pay the civil penalty or to contest the civil citation.
(9)
That a civil penalty of not more than five hundred dollars ($500.00) will be imposed if the person elects to contest the civil citation and is subsequently found by the court to have committed the violation alleged.
(10)
That a civil penalty in the amount applicable under subsection (j) is automatically imposed if the person elects not to contest the civil citation.
(11)
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 civil citation, he or she shall be deemed to have waived his or her right to contest the civil citation and that, in such case, judgment may be entered against the person for an amount up to five hundred dollars ($500.00).
(g)
Option to pay or request hearing. A person issued a civil citation shall have the option, within ten (10) days following the issuance date, of paying to the clerk of the county court a civil penalty in the amount applicable under subsection (j) or requesting a hearing before the county court to contest the civil citation. By exercising the option to pay the civil penalty within such ten-day period, a person issued a civil citation shall be deemed guilty of the violation charged therein. By failing to exercise the option to pay the civil penalty or request a hearing within such ten-day period, a person issued a civil citation shall be deemed guilty of the violation charged therein and to have waived the right to contest the civil citation, and a judgment in the amount of the civil penalty may be entered forthwith by the county court.
(h)
Failure to pay or appear. If a person who has been issued a civil citation fails to pay the civil penalty within thirty (30) days following the date of issuance of the civil citation or fails to appear in court to contest the civil citation, the court is authorized to issue an order to show cause upon the request of the board. The order to show cause shall require such person to appear before the court to explain why action on the civil citation has not been taken. A person issued such an order who fails to appear in response to the court's directive may be held in contempt of court. All costs incurred in connection with any order to show cause or contempt proceeding shall be levied against the person to whom directed.
(i)
Hearing. If a person makes a timely request for a hearing under subsection (g), the commission of the violation charged in the civil citation at a hearing authorized pursuant to this subsection must be proven by a preponderance of the evidence. The burden of proof shall be on the board. If the court makes a determination that the person issued the civil citation has committed the violation charged, the court shall adjudicate the person guilty of such violation and impose a civil penalty in an amount not less than that applicable under subsection (j) and not more than five hundred dollars ($500.00). If a person makes a timely request for a hearing under subsection (g), the county court shall have the sole jurisdiction to determine and adjudicate all issues on the civil citation, and to impose any civil penalties thereunder.
(j)
Civil penalty. The civil penalty for a civil infraction prosecuted under this section shall be as follows:
(1)
Category 1 civil infraction. For a violation designated as a category 1 civil infraction the civil penalty shall be twenty-five dollars ($25.00).
(2)
Category 2 civil infraction. For a violation designated as a category 2 civil infraction the civil penalty shall be fifty dollars ($50.00).
(3)
Category 3 civil infraction. For a violation designated as a category 3 civil infraction the civil penalty shall be seventy-five dollars ($75.00).
(4)
Category 4 civil infraction. For a violation designated as a category 4 civil infraction the civil penalty shall be one hundred dollars ($100.00).
(5)
Category 5 civil infraction. For a violation designated as a category 5 civil infraction the civil penalty shall be one hundred twenty-five dollars ($125.00).
(6)
Category 6 civil infraction. For a violation designated as a category 6 civil infraction the civil penalty shall be one hundred fifty dollars ($150.00).
(7)
Category 7 civil infraction. For a violation designated as a category 7 civil infraction the civil penalty shall be one hundred seventy-five dollars ($175.00).
(8)
Category 8 civil infraction. For a violation designated as a category 8 civil infraction the civil penalty shall be two hundred dollars ($200.00).
(9)
Category 9 civil infraction. For a violation designated as a category 9 civil infraction the civil penalty shall be two hundred twenty-five dollars ($225.00).
(10)
Category 10 civil infraction. For a violation designated as a category 10 civil infraction the civil penalty shall be two hundred fifty dollars ($250.00).
(k)
Civil penalty enhancement. Unless otherwise provided in this Code for a particular violation, for purposes of the applicable civil penalty under subsection (j) the civil infraction category for a second violation shall be designated as that which is one higher, not to exceed category 10, than the civil infraction category of the prior violation applicable thereto; and the civil infraction category for a habitual violation shall be designated as that which is one higher, not to exceed category 10, than the civil infraction category of the second violation applicable thereto.
(l)
One-year limitation. Unless otherwise provided in this Code for a particular violation, no violation shall be charged in a civil citation as a second violation or a habitual violation if more than one year has elapsed from the date of the prior violation by which such violation is deemed a second violation or a habitual violation. If more than one year has so elapsed, such violation may only be charged in a civil citation as an initial violation.
(m)
Failure to sign and accept. The provisions of Section 162.21(6), Florida Statutes (2000), shall apply to the willful failure by a person issued a civil citation to sign and accept the same upon the demand of the code enforcement officer.
(n)
Code enforcement officer designation. Pursuant to Section 162.21, Florida Statutes (2000), each of the code inspectors duly appointed under Article IV of Chapter 2 of this Code, and the sheriff of the county and each of his or her deputies is designated as a code enforcement officer for purposes of this section.
(o)
Clerk's fee. The clerk of the county court shall be authorized and entitled to retain as a fee the sum of five dollars ($5.00) from each civil penalty paid for a civil infraction prosecuted under this section.
(Ord. No. 2001-36, § 1, 7-10-01; Ord. No. 2002-34, §§ 1, 2, 7-23-02)