§ 11-605. Enforcement procedures.
(a)
Code enforcement actions shall be as provided in Florida Statutes including but not limited to Chapters 125 and 162.
(b)
Enforcement procedure for code enforcement board.
(1)
Except as provided in subsections (3) and (4), below, if a code violation is found, the code enforcement officer shall provide the violator a written notice of violation that includes a reasonable time to correct the violation. Notices of violation shall be delivered or mailed to the violator as provided in Section 162.12, Florida Statutes. All mailed notices shall be sent via certified mail with return receipt requested. The notice of violation shall at a minimum include:
a.
The date and time of issuance.
b.
The name and address of the person to whom the notice is issued.
c.
The date and time the violation was observed.
d.
The facts constituting reasonable cause.
e.
The numbers or sections of the code(s) or ordinance(s) violated.
f.
The name and authority of the code enforcement officer.
g.
The reasonable time for correcting the violation.
(2)
Should the violation continue beyond the time specified for correction in the notice of violation, and the code enforcement officer determines that there has been no progress in correcting the violations for which the notice was issued, the code enforcement officer shall notify the code enforcement board and schedule a public hearing. Written notice of such hearing shall be hand delivered or mailed by way of certified mail return receipt requested as provided in Section 162.12, Florida Statutes, to said violator. If the notice cannot be delivered by hand or through certified return receipt mail, notice may additionally be served by publication or posting as provided in Section 162.12, Florida Statutes. The hearing shall be conducted in accordance with section 11-607, below. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code enforcement officer, the case shall be presented to the code enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state. In those circumstances where there has been a reoccurrence of a violation, the code enforcement board shall hold a hearing and make a determination as to whether there has been a violation. Such determination shall be made even if the violation is corrected prior to the hearing. If a violation has been found to have existed by the code enforcement board, then such determination shall be deemed to constitute a finding of violation for the purposes of enforcement of a repeat violation. In the event the violation has continued beyond the time specified for correction in the notice of violation, but the code enforcement officer determines that progress has been made toward correcting the violations for which the notice was issued, the code enforcement officer may extend the time allowed for correction. The extension shall be in writing and delivered in the same manner as the hearing notice.
(3)
If a repeat violation is found to have occurred within five years of a previous violation, the code enforcement officer shall provide the violator a written notice of violation but is not required to give the violator a reasonable time to correct the violation even if all prior instances have been corrected within the timeframe allowed per prior notifications. In addition, upon determining that a repeat violation has occurred within the five-year period, the code enforcement officer shall assess a fine as provided in section 11-607 of the Code of Ordinances of Okaloosa County, Florida. Such fine shall begin accumulating immediately and shall continue until corrected. The code enforcement officer, upon issuing the notice of violation to the violator of a repeat violation, shall notify the code enforcement board and shall place the violation on the agenda for the next regularly scheduled meeting. For violations, which pose an immediate threat to the public health and safety, the code enforcement board may hold a special meeting, which shall be noticed in accordance with all applicable statutes. The case shall be presented to the code enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. If a notice of violation has been issued for a repeat violation and the violation was corrected, the code enforcement board shall schedule a hearing to determine whether there was a violation and if found to have occurred, impose the costs and the payment of reasonable enforcement fees upon the repeat violator. For a repeat violation, the code enforcement board shall not reduce or otherwise waive the amount of fine imposed from the date of violation to the date the violation was corrected. The repeat violator may choose to waive his or her rights to this hearing and pay said costs and fines as determined by the code enforcement board. As used herein, a repeat violation is a recurrence of a violation of the same section of the code for which a citation or notice of violation has been previously issued for the same property, or to the same property owner on a different property than the property for which these repeat violations provisions are being applied.
(4)
If the code enforcement officer 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 enforcement officer shall make a reasonable effort to notify the violator and may immediately notify the code enforcement board and request a hearing.
(c)
Code enforcement procedure for citations.
(1)
Prior to issuing a citation, a code enforcement officer shall provide notice to the person that has committed a violation of a code or ordinance and shall establish a reasonable time within which the person must correct the violation. Such time 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, a code enforcement officer may issue a citation and may notify the code enforcement board and request a hearing pursuant to the procedure set forth herein. 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 the code enforcement officer has reason to believe that the alleged violator is engaging in unlicensed contracting or that violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. Further, if a repeat violation is found to have occurred within five years of a previous violation, the code enforcement officer shall issue a citation but is not required to give the violator a reasonable time to correct the violation even if all prior instances have been corrected within the timeframe allowed per their notifications. In addition, upon determining that a repeat violation has occurred within the five-year period, the violation shall be subject to a fine as set forth in section 11-606 of the Code of Ordinances of Okaloosa County.
(2)
The citation issued by the code enforcement officer shall contain:
a.
The date and time of issuance.
b.
The name and address of the person to whom the citation is issued.
c.
The date and time civil infraction was committed.
d.
The facts constituting reasonable cause.
e.
The number or section of the code or ordinance violated.
f.
The name and authority of the code enforcement officer.
g.
The procedure for the person to follow in order to pay the civil penalty or to contest the citation.
h.
The applicable civil penalty that if the person elects not to contest the citation.
i.
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, he 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.
(3)
After issuing the citation to the alleged violator, the law enforcement officer and/or code enforcement officer shall deposit the original citation and one copy of the citation with the county court.
(4)
The maximum civil penalty shall be $500.00 if the person elects to contest the violation.
(5)
The civil penalty for a person who elects not to contest the citation shall be in accordance with the schedule provided in section 11-606, below.
(6)
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 Section 775.082 or Section 775.083, Florida Statutes.
(7)
The act for which the citation is issued shall be ceased upon receipt of the citation and the person charged with the violation shall elect either to correct the violation and also pay the civil penalty in the manner indicated on the citation, or within ten days of receipt of the citation apply to the county court and receive a court date.
(8)
Each day a willful, knowing violation continues shall constitute a separate offense under the provisions of this subsection.
(9)
In the event a citation has been upheld in a court of law and the violation persists beyond the time specified in the court order for correction, the county may initiate action as provided in Section 162.23, Florida Statutes, or pursuant to any other authorized remedy.
( Ord. No. 16-02 , § 3, 1-5-16; Ord. No. 18-20 , §§ 4—6, 11-6-18)