Definitions

Amended by Ordinance No. 2025-138

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Aggrieved party means:

(1)

Any person that is named or otherwise directly subject to an order issued by a city official under City Code sections 5-115.3 or 19-5 that negatively affects them by requiring the performance of or the forbearance from performing an act, or

(2)

A person that is the non-prevailing party in an action for administrative review by the CESM of an order of a city official under City Code sections 5-115.3 or 19-5, and may include the city.

Chronic violator is a violator who has, within three hundred sixty-five (365) days, been issued either three (3) violations or three (3) notices of violations without correcting the violations within period specified by notice, or any combination thereof, for the same code violation on the same property. An overgrowth violation pursuant to section 19-50 of this Code will not be included in the determination of a chronic violator.

City means the City of Tampa, as well as any of its departments or divisions, offices or officials acting in the course and scope of their employment.

City Code means any of the several chapters of this City of Tampa Code of Ordinances, City of Tampa ordinances, or any other codes or technical codes of the city.

Code enforcement board (CEB) means the city code enforcement board or boards, appointed by the mayor and approved by the city council. The CEB's authority shall be coextensive with the grant of authority in F.S. Ch. 162, Pt. I, as it may be amended from time to time.

Code enforcement officer means any designated employee or agent of the city whose duty it is to enforce codes and ordinances enacted by the city and may include, but may not be limited to, code inspectors, building inspectors and investigators, law enforcement officers, animal control officers, or fire safety inspectors.

Code enforcement special magistrate (CESM) means the special magistrate or magistrates appointed by the mayor and approved by the city council. The special magistrate's (or magistrates') authority shall be coextensive with the grant of authority in F.S. Ch. 162, Pt. I, as it may be amended from time to time.

Irreparable or irreversible violation means a violation that is incapable of correction, repair or return to an original condition.

Itinerant or transient in nature violation means that a violation which may be moved from place to place or which stays in place for a short time.

Local governing body attorney means the legal counselor for the city, to wit, the city attorney or his or her designated assistant city attorney.

Person includes, but is not limited to any individual, firm, partnership, joint venture, syndicate or other group, or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver, or other fiduciary, body politic or other local governmental entity, and shall include the plural as well as the singular.

Repeat violation means a violation of a provision of a code or ordinance on the same property by a violator who, within the three (3) years prior to a present violation, has:

(a)

Been found to have violated the same provision of the City Code by the CEB, a CESM, or any other quasi-judicial or judicial process;

(b)

Admitted to violating the same provision of the City Code; or

(c)

Received a civil citation for violating the same provision of the City Code and either (1) paid the fine; (2) contested the citation and was found in violation; or (3) was found in violation by reason of default

Secretary means the city clerk, or his/her designees assigned to act as the secretary to the CEB and CESMs.

Violator means the person responsible or believed to be responsible for a violation.

(Ord. No. 2015-50, § 5, 4-16-15; Ord. No. 2022-40, § 3, 3-3-2022)