§ 2-44.5. Citations and penalties


Latest version.
  • (a) A police officer, code inspector or public safety aide (in this section, such an individual is referred to as a "code officer") is authorized to issue a citation to a person when, based upon personal investigation, the code officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance.

    (b) Prior to issuing a citation a code officer shall (i) provide notice to the person that the person has committed a violation of a code or ordinance, and (ii) establish a reasonable time period within which the person must correct the violation. Such time period will be no more than thirty (30) days. If, upon personal investigation, a code officer finds that the person has not corrected the violation within the time period, a code officer may issue a citation to the person who has committed the violation.

    If a repeat violation is found or if the code officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible, or that the violator is engaged in violation of an itinerant or transient nature within the jurisdiction while moving from place to place, a code officer does not have to provide the person with a reasonable time period to correct the violation and may immediately issue a citation.

    (c) A citation issued by a code officer will either be personally served by the code officer to the individual or mailed by first class. The refusal of a person to sign the citation shall not affect the validity of the citation. The citation will contain:

    (1) The date and time of issuance.

    (2) The name and address of the person to whom the citation is issued.

    (3) The date and time the civil infraction was committed.

    (4) The facts constituting reasonable cause.

    (5) The number or section of the code or ordinance violated.

    (6) The name and authority of the code officer.

    (7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation.

    (8) The applicable civil penalty if the person elects to contest the citation.

    (9) The applicable civil penalty if the person elects not to contest the citation.

    (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear before the city's special master to contest the citation, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty.

    (d) Upon receipt of the citation, the person must either pay the fine to the city within fifteen (15) days from the issue date, or, within the specified time period, contest the fine by filing a request for hearing. Any person that receives a citation may contest the citation by filing a written request for hearing and providing the written request to the clerk for the city's code enforcement division within fifteen (15) days from the citation issue date. Upon the filing of a request for hearing, the city will proceed with scheduling and holding a hearing on the matter before the city's special master. A failure to file a timely request for hearing will waive the right to a hearing before the special master.

    (e) A violation of a code or an ordinance enforced pursuant to such section is a civil infraction. The maximum civil penalty shall not exceed five hundred dollars ($500.00). If the person who has committed the civil infraction does not contest the citation, the civil penalty shall be less than the maximum (five hundred dollars ($500.00)).

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    (f) The civil penalty provided for the disposition of a citation issued pursuant to this section except for on-street parking shall be as follows:

    Number of Violations
    Within Any
    12-Month Period
    Amount of Fine
    if Not Contested
    Amount of Fine
    if Contested
    Amount of Fine
    if Found Not Guilty
    First offense $ 50.00 $ 90.00 No fine
    Second offense 150.00 240.00 No fine
    Third offense 225.00 315.00 No fine
    Subsequent offenses 450.00 500.00 No fine

     

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    (g) The civil penalty provided for the disposition of a citation issued pursuant to this section for on-street parking shall be as follows:

    Number of Violations
    Within Any
    12-Month Period
    Restricted
    Parking
    First offense $ 25.00
    Second offense 75.00
    Third offense 112.00
    Subsequent offenses 225.00

     

    (h) The provisions of this section are an additional and supplemental means of enforcing a code or ordinance. Nothing contained in this section shall prohibit the special master from enforcing a code or ordinance by any other means.

    (i) An order of the special master containing findings of fact and conclusions of law that a violation of the City Code has occurred shall be a final administrative order as provided in F.S. § 162.11. Any appeal taken from the order must be filed within 30 days of the execution of the order as provided in F.S. § 162.11. An order imposing fine, entered for failure to comply with an order of the code officer, shall be considered a final administrative order for the purposes of an appeal. Failure to file an appeal within the thirty-day period shall render the order of the special master conclusive, binding and final.

    (j) Any person who willfully refuses to sign and accept a citation issued by a code officer shall be guilty of a misdemeanor of the second degree, punishable as provided in sections F.S. § 775.082 or § 775.083.

(Ord. No. 10-1379, § 2, 12-2-10)