eLaws | eCases | Florida State | Florida Administrative Code | Florida Courts | Counties & Cities of Florida | Code of Federal Regulations | United States Code |
 Clay County
 Code of Ordinances
 Chapter 2. ADMINISTRATION
 Article IV. CODE ENFORCEMENT

  § 2-106. Enforcement procedures.  

Latest version.

  • (a)

    It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes and ordinances under the jurisdiction of the special magistrate or special magistrates and more particularly set out hereinafter, however, no special magistrate shall have the power to initiate such enforcement proceedings.

    (b)

    Except as provided in subsection (d), if a violation of any such code or ordinance is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify the assigned special magistrate and request a hearing. The assigned special magistrate, through clerical staff of the county designated for such purpose, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in Section 162.12, Florida Statutes, to said violator. At the option of the assigned special magistrate, notice may additionally be served by publication or posting as provided therein. 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 assigned special magistrate even if the violation has been corrected prior to the code enforcement hearing, and the notice shall so state.

    (c)

    If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the assigned special magistrate and request a hearing. The assigned special magistrate, through clerical staff of the county designated for such purpose, shall schedule a hearing and shall provide notice pursuant to Section 162.12, Florida Statutes. The case may be presented to the assigned special magistrate 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 assigned special magistrate 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 his or her rights to this hearing and pay said costs as determined by the assigned special magistrate.

    (d)

    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 may immediately notify the assigned special magistrate and request a hearing.

(Ord. No. 2014-2, § 1, 1-28-14)