§ 12.10.02. Enforcement procedures.

A.

When the building official has reason to believe that the provisions of this Code are being violated, it shall initiate enforcement proceedings. No member of the code enforcement board may initiate enforcement proceedings.

B.

The building official shall notify the alleged violator of the nature of the violations and provide a reasonable period of time to eliminate them. If the violations are not eliminated within the time specified, the department shall notify the code enforcement board and request a hearing. If a violation presents a serious threat to the public health, safety, and welfare, the department shall immediately take the case before the code enforcement board, even if the violator has not been notified.

C.

Written notice of the request for hearing and of the date, time and place of the hearing shall be sent to the alleged violator by certified mail, return receipt requested, or by personal service.

D.

After a case is set for hearing, the secretary to the code enforcement board shall issue subpoenas as requested by the department and the alleged violator. Subpoenas may be served by the police department of St. Augustine Beach. St. Augustine Beach shall pay all costs of issuing and serving up to and including four (4) subpoenas requested by any party. Should a party request more than four (4) subpoenas, that party shall pay all costs incurred in issuing and serving those in excess of four (4).

E.

At the hearings before the code enforcement board, the secretary shall read the statement of violations and request for hearing and the city and alleged violator shall present their case. Both parties may call witnesses and all witnesses shall be sworn. All testimony shall be under oath and shall be recorded. After all evidence has been submitted, the chair shall close presentation of evidence. The board shall immediately deliberate and make a decision in open session. If a decision cannot be reached in the initial meeting, the board shall adjourn and reconsider the matter as soon as possible at a time and date certain. The decision shall contain findings of fact and conclusions of law and shall state the affirmative relief granted by the board.

F.

The decision shall be announced as an oral order of the board and shall be reduced to writing within ten (10) days and mailed to all parties.

G.

The code enforcement board, upon finding a violation, shall issue an order to comply, setting a date certain for compliance, and a fine to be levied if the deadline for compliance is not met. The fine shall not exceed two hundred fifty dollars ($250.00) for each day the violation continues past the specified compliance date.

1.

The civil penalty limitation provided in section 6.03.06B.7. shall not apply to any fine imposed by the code enforcement board.

H.

After an order has been issued by the code enforcement board and a date for compliance has been set, the building official or other designated St. Augustine Beach official shall make a reinspection to determine compliance or noncompliance with the order.

I.

The inspector shall file an affidavit of compliance or noncompliance with the secretary of the code enforcement board, and a copy shall be sent to the violator by certified mail return receipt requested.

J.

If the inspector files an affidavit of compliance, the secretary to the code enforcement board shall close the file and so report to the board. If the inspector files an affidavit of noncompliance with the secretary to the code enforcement board, the board may order the violator to pay the fine as specified in the board's order.

K.

A copy of the order imposing the fine shall be mailed to the violator by certified mail, return receipt requested.

L.

A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. A fine shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien, whichever occurs first. The order may be enforced, and the lien foreclosed, in accordance with Florida Statute Section 162.09.

M.

In addition to the penalties prescribed above, the code enforcement board shall:

1.

Direct the building official not to issue any subsequent development orders for the development until the violation has been corrected.

2.

Inform the violator that no further work under an existing approval may proceed until the violation has been corrected.

(Ord. No. 91-7, § 2; Ord. No. 92-7, §§ 17, 23; Ord. No. 92-18, § 1)