Code Process

 

Initial Process

A Code Inspector initiates a case when:

  • They observe a violation.
  • A citizen alerts them to a violation via phone, mail, or the online portal.
  • Another city department or entity initiates a case.

All complaints are inspected and verified by a code inspector and if a violation exists, the code inspector takes further action toward obtaining voluntary compliance.
*Note: Florida Senate Bill 60 prohibits an inspector from initiating a case by way of anonymous complaint, with the exception of health and safety violations.

Step 1.Review your notice

Once violations are verified, a notice may be, hand delivered or mailed to a property owner. The notice explains the type of violation(s), and specifies the number of days given for compliance.

A re-inspection of the property will take place to determine if the violations have been corrected. If the violations have been rectified, an affidavit of compliance will be issued and mailed to the address of record for the owner.

Step 2.Contact your Code Compliance Inspector

We request that you keep contact with your code inspector. Let him/her know if there are any issues or delays in correcting the violation(s).

View Directory

Step 3.Request Additional Time

You may request additional time to correct the violation if you are making progress on correcting the violation(s).  The request is not an automatic guarantee. Certain issues cannot be delayed such as stagnant pools, overgrown grass and unsecured structures.

Extension-of-Time.pdf(PDF, 147KB)

Step 4.Process for Non-Compliance

If action is not taken to correct the violation within the specified timeframe, there are several possible consequences for the property owner, see Enforcement Action tab.

Enforcement Action

Process for Non-Compliance

If action is not taken to correct the violation within the specified timeframe, there are several possible consequences for the property owner.

  • The property owner is sent a Notice of Violation/Notice of Hearing to appear before a Magistrate for non-compliance of the violation(s).
  • If a Final Order is issued by the Magistrate, the owner will have a final date to comply the violation(s) or a daily fine may accrue until the violation(s) are corrected. **Administrative costs are assessed once the Final Order has been issued regardless of compliance and cannot not be waived.
  • Upon non-compliance of the final order date given by the Magistrate the property owner is sent a Notice of Hearing for certification of lien.
  • If the property is vacant and the violation is severe which poses a health or safety risk, such as stagnant pools, overgrown grass, and unsecured structures the city will request permission from the magistrate to enter the property and correct the violation(s) at the owner’s expense.

Below are some examples of the enforcement actions the city may take.

Step 1.Administrative Citation

If a property owner does not achieve compliance for certain types of violations, an administrative citation can be issued with a fine up to $250.00 for the first offense and up to $500.00 for repeat offense. The fine schedule can be viewed under Ch. 1 Administration, Section 190.1 Schedule of civil penalties

Step 2.Notice of Violation/Notice of Hearing

This form of notification is for more serious code violations that are not corrected. An official Notice of Violation/Notice of Hearing is the beginning process for a violator to appear before the City's Special Magistrate. Property owner(s) cited by a Code Compliance Inspector, Building Inspector, Fire Inspector are given a reasonable amount of time to bring their property into compliance before the case is referred to the Special Magistrate.

Step 3.Special Magistrate Hearing

The Special Magistrate hearing is a quasi-judicial process. The magistrate has the authority to impose daily fines and liens on a property.

Respondents (property owners or business owners) are given an opportunity to speak about their case during the hearing. Property owners may authorize others to speak on their behalf at the hearing; this authorization must be in writing. Other persons having an interest in the case may also speak at the hearing. View agendas(PDF, 290KB)

If daily fines and/or administrative costs are not paid, the city may place a lien on a property. The magistrate does not have the ability to waive administrative costs that are assessed once the Final Order has been issued regardless of compliance, as per adopted Resolution 2011-039.

Forms

Barred Lien

If you feel that the lien on your property is barred by foreclosure, you may apply for the barred lien process.

Learn more Form

Reduction of Fine

The Reduction of Fine process is a system set up for property owners who have liens on their property and would like to request that the lien be reduced.

Learn more Form

Escrow Release of Lien

If a property owner requests a reduction of fine for a case that is not in compliance, and there is a pending transaction, the Escrow Release of Lien process is used.

Learn more Form

Notice of Appearance

This form is to be completed by the Attorney when appearing on behalf of the respondent.

Form

Affidavit on Owner’s Behalf

This form is to be completed by the property owner authorizing an individual to act as an agent on their behalf to represent the real property.

Form

Consent for Inspection

This form is to be completed by the property owner or tenant to provide consent for entry.

Form