Sec. 91.105. - Procedure; notice and hearings.

(a) Except as provided in subsections (c) and (d) of this Section, if a violation of a code or ordinance is believed to exist, a member of a department of the City whose responsibility it is to enforce the code or ordinance shall notify the violator and give such violator a reasonable time to correct the violation. (b) Should the violation continue beyond the time specified for correction, the City official shall notify the Board in writing providing the name(s) and address(es) of the violator(s), the Code provision involved and a short factual statement for the belief that a violation exists and request a hearing. The Municipal Code Enforcement Board, through its clerical staff, shall schedule a hearing and written notice of such hearing shall be delivered to the alleged violator in any manner provided by F.S. § 162.12, as that Section may be amended from time to time. After notice of any hearing is served, if the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the City official, the case may be presented even if the violation has been corrected prior to the hearing, and the notice shall so state. (c) If a repeat violation is found, the City official shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The City official, upon notifying the violator of a repeat violation, shall notify the enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to F.S. § 162.12. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. If the repeat violation has been corrected, the code enforcement board 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 rights to this hearing and pay such costs as determined by the code enforcement board. (d) If the City official 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 City official shall make a reasonable effort to notify the violator and may immediately notify the Municipal Code Enforcement Board and request a hearing. (e) At any hearing, the burden of proof shall be upon the City official to show by a preponderance of the evidence that a violation does or did exist. Assuming proper notice of the hearing has been provided to the violator as provided herein, a hearing may proceed in the absence of the violator. All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. (f) Any member of the Board, the Special Magistrate, the attorney appointed to represent the Board, the alleged violator, or his attorney, and the person presenting the case to the Board shall be permitted to inquire of any witness before the Board. (g) At the conclusion of any hearing, the Municipal Code Enforcement Board or Special Magistrate shall issue findings of fact based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. If the hearing is for noncompliance of a prior board order or for a repeat violation, the order may also include the imposition of an administrative fine pursuant to Section 91.107 , with a period for payment of such fine to the Tax Collector set forth therein, or it may include both an additional period for compliance and imposition of an administrative fine. The order shall be stated orally at the meeting, and shall be reduced to writing and mailed to the violator within 14 days after the hearing. In any hearing before the Board, the order shall be by motion approved by a majority vote of the members present and voting, except that at least four members must vote in order for the action to be official. An initial order may include a notice that it must be complied with by a specific date and that a fine may be imposed and, under the conditions specified in Section 91.107 (a), the cost of repairs may be included along with the fine if the order is not complied with by such date; in addition, an initial order may impose reasonable costs of prosecution if the department responsible for enforcement of the ordinance Chapter prevails in a case before the Board. (h) A certified copy of such order may be recorded in the Duval County public records and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings, including any finding of a violation therein, shall be binding upon the violator and any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the Board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance; however, the violator may request a hearing on compliance. (i) If the owner of property which is subject to an enforcement proceeding before an enforcement board, Special Magistrate, or court, transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall: (1) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee. (2) Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor. (3) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding. (4) File a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer. A failure to make the disclosures described in paragraphs (i)(1)(2) and (3) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. (Ord. 87-1486-838, § 1; Ord. 89-1150-630, § 4; Ord. 93-1984-1111, § 1; Ord. 94-838-446, § 1; Ord. 2000-301-E, § 2) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.