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 Monroe County
 Code of Ordinances
 Chapter 8. CODE ENFORCEMENT
 Article II. SPECIAL MAGISTRATE SYSTEM

  § 8-29. Conduct of hearing.  

Latest version.

  • (a)

    A hearing shall be held upon request of the code compliance director, or at such other times as may be necessary. All hearings and proceedings shall be open to the public. Code compliance hearings shall be held at a time and place noticed by the director of code compliance.

    (b)

    Each case before the code compliance special magistrate shall be presented by the county attorney, or his designee, or by the director of code compliance, or his designee, as may be determined by the county attorney. The code compliance special magistrate shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The special magistrate shall take testimony from the code inspector, alleged violator, and any other relevant witnesses. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. If the county prevails in prosecuting a case before the special magistrate, it shall be entitled to recover all costs incurred in prosecuting the case and such costs may be included in the lien authorized under F.S. § 162.09(3), or section 8-31.

    (c)

    At the conclusion of the hearing, the code compliance 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 powers granted in this chapter and by applicable statutes. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed, and under the conditions specified in F.S. § 162.09(1), or section 8-31, the costs of repairs may be included along with a fine if the order is not complied with by such date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violations concerns real property and the findings therein shall be binding upon the violator and, if the violation concerns real property, 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 code compliance special magistrate 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.

(Code 1979, § 6.3-5; Ord. No. 50-2000, § 3; Ord. No. 031-2010, § 3 )