§ 2-126. Conduct of hearing.

(a)

Upon request of the code inspector, or at such other times as may be necessary, the chairperson of the enforcement board may call hearings of the enforcement board; a hearing may also be called by written notice signed by at least two members of the enforcement board. Minutes shall be kept of all hearings by the enforcement board, and all hearings and proceedings shall be open to the public. The city council shall provide clerical and administrative personnel as may be reasonably required by the enforcement board for the proper performance of its duties.

(b)

Each case before the enforcement board shall be presented by the city attorney or by a member of the administrative staff of the city council. If the city council prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under F.S. § 162.09(3).

(c)

The enforcement board shall proceed to hear cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

(d)

At the conclusion of the hearing, the 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 finding shall be by motion approved by a majority of those members present and voting, except that at least three members of the 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 section 2-131, 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 subsection and the order is complied with by the date specified in the order, the 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.

(Code 1993, ch. 4, § 1.04)

State law reference

Similar provisions, F.S. § 162.07.