Chapter 609 - CODE ENFORCEMENT CITATIONS

Sec. 606.705. - Enforcement. Chapter 614 - PUBLIC ORDER AND SAFETY Chapter 609 - CODE ENFORCEMENT CITATIONS[1]

Footnotes: --- (1) ---

Editor's note— Ord. 94-626-353, effective July 21, 1994, renumbered the provisions enacted as Ch. 603 by Ord. 93-533-303 as Ch. 609 hereof.

Cross reference— Municipal Code Enforcement Board, Ch. 91.

State Law reference— Enforcement of technical codes and contractor regulations through citations, F.S. § 489.127(5).

Sec. 609.101. - Purpose.

The City recognizes that violations of the Ordinance Code may pose a significant potential for harm to the public when allowed to continue unabated. Therefore, it is necessary and appropriate and in the interests of the public health, safety and welfare to improve and expand the enforcement of the Ordinance Code through the creation of a citation program for violations of the Ordinance Code.

(Ord. 93-553-303, § 1)

Sec. 609.102. - Definitions.

For the purposes of this Chapter, the following terms shall have the following definitions.

Code Enforcement Officer means any designated or authorized employee or agent of the City whose duty it is to enforce or assure compliance with ordinances enacted by the City.

Repeat violation means a violation of a provision of a code or ordinance by a person who has previously been found through by the Municipal Code Enforcement Board or any 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 occur at different locations.

(Ord. 93-553-303, § 1; Ord. 2002-1012-E, § 1; Ord. 2002-1012-E, § 1)

Sec. 609.103. - Authority of Code Enforcement Officer.

(a)

A Code Enforcement Officer is authorized to issue a citation to a person when, based on personal investigation, the officer has reasonable cause to believe that the person has violated an Ordinance or Ordinance Code provision.

(b)

A citation may be issued for a violation of any ordinance or Ordinance Code provision except building codes adopted pursuant to F.S. § 553.73 as they apply to construction, when a building permit is either not required or has been issued.

(c)

Designation as a Code Enforcement Officer does not provide the Code Enforcement Officer with the power of arrest or subject the Code Enforcement Officer to the provisions of F.S. §§ 943.085—943.255.

(Ord. 93-553-303, § 1; Ord. 96-575-332, § 1)

Sec. 609.104. - Procedures.

(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 the Ordinance Code and that the County Court will hear the charge. Personal investigation may include receipt of at least one sworn affidavit from each of at least two unrelated adult witnesses setting forth facts establishing, either separately or together with other information known to the officer, the reasonable cause referenced above.

(b)

Prior to issuing a citation, a Code Enforcement Officer shall provide notice to the person that the person has violated a provision of the Ordinance Code or an ordinance.

(c)

The Code Enforcement Officer shall establish a reasonable time period, not to exceed 30 days, within which the person must correct the violation.

(d)

If, after personal investigation, the Code Enforcement Officer finds that the person has not corrected the violation within the time period, the officer may issue a citation to the person who has committed the violation. Personal investigation may include receipt, from an adult witness, of a sworn affidavit setting forth facts sufficient to establish that the violation has not been corrected.

(e)

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 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. Included among violations which are irreparable or irreversible are:

(1)

Those in which work has been done without the required permit.

(2)

Those in which the activity giving rise to the violation is of such limited duration that written notice and an opportunity to correct are impractical.

(f)

After issuing the citation to the alleged violator, the Code Enforcement Officer shall deposit the original and one copy of the citation with the County Court.

(g)

A citation issued by a Code Enforcement Officer shall contain:

(1)

The date and time of issuance.

(2)

The name and address of the person to whom the citation is issued, except in the case of violations of Section 656.411, Ordinance Code, in which case, the vehicle tag number shall be used unless the owner or person in the care, custody and control of the vehicle is present to accept the citation and provide his or her name and address.

(3)

The date and time the civil infraction was committed.

(4)

The facts constituting reasonable cause.

(5)

The number or Section of the Ordinance Code which has been 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, he shall be deemed to have waived his right to contest the citation and that, in such case, judgement may be entered against the person for an amount up to the maximum civil penalty.

(h)

A person cited for a civil infraction shall elect one of the following within ten calendar days of the date of receipt of the citation.

(1)

To pay the civil penalty to the Tax Collector or to the Clerk of Court (as specified on the citation) in accordance with the schedule set forth in Section 609.109, or

(2)

To obtain a court date from the office of the Clerk of the County Court.

(i)

If a person cited elects to obtain a court date but fails to appear in court, he shall be deemed to have admitted the violation and to have waived his right to a hearing on the issue of the commission of the infraction.

(j)

The person to whom the citation is issued shall be provided a copy of the citation through one of the following methods:

(1)

Certified mail, return receipt requested, provided if such notice is sent under this paragraph to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the local government by such owner and is returned as undeliverable, unclaimed or refused, notice may be provided by posting as follows:

(i)

Such notice may be posted at least ten days prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at the primary municipal government office; and

(ii)

Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and locations of its posting; and by first class mail directed to the addresses furnished to the local government with a properly executed proof of mailing or affidavit confirming the first class mailing;

(2)

Hand delivery by the sheriff or other law enforcement officer, Code Enforcement Officer, or other person designated by the local governing body;

(3)

Leaving the notice at the alleged violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice;

(4)

In the case of commercial premises, leaving the notice with the manager or other person in charge; or

(5)

In the case of citations for violation of Section 656.411, Ordinance Code, by leaving a copy of the citation on the vehicle in a conspicuous location.

(6)

Municipal Code Compliance Division. The Municipal Code Compliance Division is not required to send a citation via Certified mail, return receipt requested, unless required by Florida law or the Jacksonville Ordinance Code as it relates to emergencies, notices to vacate, unsafe properties and hearings. If the violator is not available at the property where the Code Compliance Officer observes the violation, the Municipal Code Compliance Division shall send a citation via First Class Mail, and follow the posting, affidavit of posting, affidavit of first class mail and hand delivery procedures set forth in subsections (1)(i),(1)(ii), and (2)—(5) above.

Where notice through the above methods is unsuccessful, a letter shall be sent to the alleged violator giving the alleged violator ten calendar days from the date of such letter to telephone and arrange to meet with the Code Enforcement Officer at such officer's office so as to permit the delivery of such citation. Failure to contact the Code Enforcement Officer shall be deemed a willful refusal to sign and accept a violation with penalties as provided for in Section 609.105.

(k)

For commercial properties where the alleged violator as provided in (b) above is a tenant or lessee and not the property owner, in addition to providing the notice of violation to the alleged violator, the Code Enforcement Officer shall also provide a courtesy copy of the notice of violation, as well as a courtesy copy of a second notice of violation if not corrected under (d) above, to the property owner in a method as provided by (j) above to the alleged violator. This notice shall not confer any additional rights to the property owner or the person who has committed a civil infraction and is only given for informational purposes. Failure of the Code Enforcement Officer to provide the notice of violation to the property owner as provided above shall not create any defense or other rights to either the property owner or the alleged violator so long as reasonable steps are taken by the Code Enforcement Officer to obtain the address of property owner for notification of the potential violation in accordance with this Section.

(Ord. 93-553-303, § 1; Ord. 96-575-332, § 2; Ord. 2002-1012-E, § 2; Ord. 2006-673-E, § 2; Ord. 2019-467-E, § 1; Ord. 2023-613-E, § 1)

Sec. 609.105. - Penalties.

(a)

A violation of a provision of the Ordinance Code or Ordinance covered by this statute is civil infraction.

(b)

There is established a maximum civil penalty not to exceed $500 per violation.

(c)

Any person who has committed a civil infraction and does not contest the citation shall be assessed a penalty less than the maximum allowed.

(d)

The violations and penalties for uncontested violations assessed are set forth in the attached uniform fine schedule and incorporated herein as Section 609.109, Schedules "A" and "A1."

(e)

Repeat violations will be assessed fines in the next higher class as specified in Schedule "A1," or an additional amount of $50 will be assessed, whichever is greater. Third time offenses and subsequent offenses will be considered class D violations, or an additional amount of $100 will be assessed, whichever is greater.

(f)

Any person who willfully refuses to sign and accept a citation issued by a Code Enforcement Officer shall be guilty of a misdemeanor as provided for in F.S. § 162.21.

(Ord. 93-553-303, § 1; Ord. 96-575-332, § 3)

Sec. 609.106. - County Court jurisdiction.

(a)

The County Court in and for the Fourth Judicial Circuit shall hear charges of code violations pursuant to the issuance of citations.

(b)

Any person so charged may contest the citation in the County Court.

(Ord. 93-553-303, § 1)

Sec. 609.107. - Provisions supplemental.

The provisions of this Chapter are additional and supplemental means of enforcing the Ordinance Code and Ordinances. Nothing contained in this Chapter shall prohibit enforcement by any other means including, but not limited to the enforcement methods and penalties authorized by F.S. § 162.22 (which are issuance of a citation, a summons, or a notice to appear in County Court or arrest for violation of municipal ordinances as provided for in F.S. Ch. 901) or other means of enforcement provided for in this Ordinance Code.

(Ord. 93-553-303, § 1; Ord. 96-575-332, § 4; Ord. 2002-1012-E, § 3)

Sec. 609.108. - Reserved.

Editor's note— The provisions of former § 609.108, relative to the repeal of conflicting laws, were deleted as part of the Super Supplement to the Code. Former § 609.108 derived from Ord. 93-553-303, § 1.

Sec. 609.109. - Applicable Chapters and Parts.

The following provisions of the Ordinance Code are subject to enforcement by citation. Where a Chapter or Part of a Chapter of the Code is referenced, then all Sections within that Chapter or Part are subject to enforcement by citation.

SCHEDULE "A"

EXPAND  CODE PROVISION * DESCRIPTION CLASS ** Chapter 150 Adult Entertainment and Services Code F Chapter 155 Adult Arcade Amusement Center E Chapter 156 Electronic Game Promotions E Chapter 220 Vehicles for Hire D Chapter 250 Miscellaneous Business Regulations D Chapter 260 Disposal of Waste Tires D Chapter 307 Historic Preservation and Protection D Chapter 320 Construction Regulations and Building Code D Chapter 321 Adoption of Building Code D Chapter 322 Mobile Homes D Chapter 323 Street Encroachments D Chapter 324 Safeguards During Construction D Chapter 325 Electrical Installation D Chapter 326 Signs and Outdoor Displays D Chapter 328 Milestone Inspection Regulations Punishable as set forth in Section 328.113, Ordinance Code Chapter 380 Solid Waste Management D Chapter 382, Part 2 Waste Collection, Standards of Service D Chapter 388 Boats and Waterways F Chapter 420 Fire Prevention Code D Chapter 460 Health Code C Chapter 518 Property Maintenance Code D Section 614.145 Regulation of the Operation of Motorized Watercraft at Huguenot Memorial Park A Chapter 656 Zoning Code D Chapter 690 Altered Goods and Closing-Out Sales D Chapter 694 Charitable Solicitations and Organizations D Chapter 696 Deceptive Trade Practices D Chapter 741 Zero Tolerance on Litter Punishable as set forth in Section 741.107 Chapter 744 Street Construction Regulations D Chapter 745 Addressing and Street Naming D Chapter 746 Street Use Regulations D Chapter 752 Jacksonville Reuse of Reclaimed Water Program D Chapter 754 Stormwater Code D

* All substantive code provisions subject to enforcement by this Ordinance shall continue to be enforced as they may be from time to time amended.

** Class is as listed unless otherwise indicated in the relevant Chapter or Section.

SCHEDULE "A1"

CODE ORDINANCE VIOLATIONS COUNTY COURT UNIFORM FINE SCHEDULE LOCAL ORDINANCE VIOLATIONS

EXPAND FINE COSTS TOTAL Class A $ 50 $ 5 $ 55 Class B $ 75 $ 5 $ 80 Class C $125 $ 5 $130 Class D $250 $ 5 $255 Class E $350 $ 5 $355 Class F $500 $ 5 $505

(Ord. 93-553-303, § 1; Ord. 94-711-743, § 3; Ord. 96-575-332, § 5; Ord. 97-231-E, § 2; Ord. 97-539-E, § 8; 98-994-E, § 2; Ord. 2002-252-E, § 1; Ord. 2002-992-E, § 10; Ord. 2002-1214-E, § 1; Ord. 2003-620-E, § 3; Ord. 2004-429-E, § 31; Ord. 2006-395-E, § 2; Ord. 2007-286-E, § 6; Ord. 2008-209-E, § 3; Ord. 2011-386-E, § 4; Ord. 2013-46-E, § 1; Ord. 2013-158-E, § 1; Ord. 2015-508-E, § 2; Ord. 2016-7-E, § 3; Ord. 2016-130-E, § 5; Ord. 2019-437-E, § 1; Ord. 2020-589-E, § 6; Ord. 2022-842-E, § 3)

Sec. 606.705. - Enforcement. Chapter 614 - PUBLIC ORDER AND SAFETY