§ 2-76. Hearings of the code enforcement board or special magistrate.

(a)

Upon request of the code enforcement officer, or at such other times as may be necessary, the special magistrate, or the chairman or vice chairman of the code enforcement board, in the chairman's absence, may call a hearing. Hearings may also be called by written notice signed by at least three (3) members of the code enforcement board. Minutes shall be kept of all hearings by the special magistrate or code enforcement board, and all hearings and proceedings shall be open to the public. The city manager shall provide clerical and administrative personnel, supplies and equipment as may be reasonably required by the special magistrate or code enforcement board for the proper performance of its duties.

(b)

Each case before the special magistrate or code enforcement board may be presented by the code enforcement officer or a member of the administrative staff of the city or by legal counsel appointed by city commission. If the local governing body prevails in prosecuting a case before the special magistrate or code enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board.

(c)

The special magistrate or code enforcement board 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 or code enforcement board shall take testimony from the code enforcement officer and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern said proceedings.

(d)

At the conclusion of the hearing, the special magistrate or code enforcement board 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 herein. The findings of a code enforcement board shall be by motion approved by a majority of those present and voting, except that at least four (4) members of the code enforcement board must vote in order for the action to be official. 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(01), the cost of repairs may be included along with the fine if the order is not complied with by said 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 violation 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 section and the order is complied with by the date specified in the order, the special magistrate or code enforcement 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.

(Ord. No. 89-15, § 7, 11-30-89; Ord. No. 94-15, § 7, 11-10-94; Ord. No. 2009-13, § 2, 8-6-09)