§ 2-234. Formal enforcement procedures; notice to appear.

(a)

Code violation. If a violation of a code or ordinance for which the village council has not set specific fines, costs and fees is believed to have occurred or to exist by an officer, the officer or his or her designee, shall notify the violator and give the violator a reasonable time within which to correct the violation. In providing notice to the violator, one or more courtesy notices may be issued or a notice of violation and notice to appear shall be issued in accordance with F.S. § 162.12.

(b)

Violation not timely corrected; or violation corrected but reoccurs. If the violation is not corrected by the time specified for correction by the officer, or if the violation is corrected and then reoccurs prior to the hearing, the case may be presented to the special magistrate or the code enforcement board at the hearing for which the violator has been given notice, even if the violation has been corrected prior to the hearing.

(c)

Village may make repairs. Alternatively, the officer may report the matter to the village manager, and the village may make all reasonable repairs which are required to bring the property into compliance, and charge the violator, or in the alternative, owner, or both with the reasonable cost of the repairs, along with the fine imposed pursuant to this section. All actual costs of repair and administrative costs and fees, if not paid by the violator, within 30 days, shall be a lien against the real property at issue and the real property and personal property of the violator. Once notified, the violator, if the violator is the owner of real property, or the owner of the real property, if given notice of the violation, shall not sell, transfer, or attempt to sell or transfer the property, without first paying all outstanding fines, costs and fees, plus interest, or providing for the payment of the fines, costs and fees, plus interest, at closing, whether a lien is recorded or not recorded. Making such repairs does not create a continuing obligation on the part of the village to make further repairs, or to maintain the property, and does not create any liability against the village for any damages to the property.

(d)

Repeat violation defined. A "repeat violation" is defined as a violation of a provision of a code or ordinance by a person who has been previously found, by a special magistrate, a code enforcement board or other quasi-judicial or judicial process, to have violated or who has admitted violating, the same provision within five years prior to the violation, notwithstanding that the violations occurred at different locations.

(e)

Repeat violation(s). If a repeat violation is found, the officer shall notify the violator, but is not required to give the violator a reasonable time to correct the violation. The officer may issue a notice to appear before the special magistrate or the code enforcement board. The case may be presented to the special magistrate or the code enforcement board even if the repeat violation has been corrected prior to the hearing.

(f)

Burden of proof. At any violation hearing, the burden of proof shall be upon the village to show by a preponderance of the evidence, that a violation did occur or does exist, or has been repeated. If proper notice of hearing has been given to the violator, either as actual notice, or as provided in this article, or as otherwise provided by law, a hearing may proceed in the absence of the violator.

(g)

Hearing procedures. All testimony shall be under oath. The formal rules of civil procedure and rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. All relevant evidence shall be admitted, if it is the type of evidence upon which reasonable persons would normally rely. Irrelevant, immaterial, and unduly repetitious evidence may be excluded. Documentary and physical evidence may be admitted, in the sole discretion of the special magistrate or the code enforcement board, if it is reasonably reliable, or is either self-authenticating or able to be authenticated.

(h)

Witness testimony and subpoena power. The special magistrate or board members may inquire of and cross-examine any witness who gives testimony. The violator, or his or her attorney, and the village attorney or his or her designee shall be permitted to inquire of any witness. The special magistrate or code enforcement board may call or subpoena any witness or evidence deemed necessary to provide a full and fair hearing of the case. The failure of any person to obey a properly issued and served subpoena shall render that person in contempt of the special magistrate or the code enforcement board, such individual shall be subject to fines, costs and fees, up to the jurisdictional limits established by law.

(i)

Findings and orders. At the conclusion of each hearing, the special magistrate or code enforcement board shall issue findings of fact, based on evidence in the record, and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted in this article or by law. The order shall be stated orally at the meeting, and shall be reduced to writing and mailed or hand delivered to the violator within ten working days after the hearing. The order may include, but shall not be limited to any of the following:

(1)

A notice that it must be complied with by a specified date and that a fine, may be imposed if the order is not complied with by such date.

(2)

Upon a finding of violation, any development order or development permit, as defined in F.S. ch. 163, any license granted by the village, and any annexation agreement entered into by the village council may be revoked or suspended, or withheld.

(3)

A certified copy of such order may be recorded in the public records of Palm Beach 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 or successors in interest or assigns.

(4)

If a violation is found, the order shall contain a provision for the timely payment of all administrative costs and fees of the action, and any costs for repairs made by the village, regardless of any fine imposed, suspended or withheld.

(5)

Further, if a violation is found, the violator shall be given 20 days within which to request a hearing to challenge the fine amount imposed by the order. If such a hearing is not timely requested and if the violation is not corrected by the time established in the order and/or all administrative costs and fines are not timely paid, the village may record a certified copy of the order in the public records of Palm Beach County and thereafter the order shall constitute a lien under F.S. § 162.09. The hearing to challenge the fine amount imposed by the order shall be requested in writing to the officer and will be limited to a consideration of only those new findings necessary to impose a fine. The violator shall bear the burden of proof at such hearing to show cause why the fine imposed in the order is not appropriate. If a request for hearing to challenge the fine amount is timely received by the officer, the officer will request that a hearing be set and will send notice of the hearing date and time to the violator by regular U.S. mail to the address provided on the written request for the hearing. All orders entered by the special magistrate or code enforcement board at this hearing which impose a fine and/or any administrative cost or fee may be recorded in the public records of Palm Beach County and thereafter the orders shall constitute a lien under F.S. § 162.09.

(Ord. No. 2004-29, § 2-172, 5-27-2004; Ord. No. 2008-33, § 2, 12-11-2008)