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10/5/2015 9:24:11 AM
Code Enforcement Citation
State Filed Date
Code Enforcement Citation Procedures
Codified or Exempt
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ORDINANCE NO. 92- 09 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING <br />CHAPTER 103, COMMISSIONS AND BOARDS, OF THE COUNTY CODE; <br />CREATING SECTION 103.07, CODE ENFORCEMENT CITATION <br />PROCEDURES- - GENERAL; CREATING-SECTION103._0-$, CODE <br />ENFORCEMENT CITATION PROCEDURES - CONTRACTING; AND <br />PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, <br />CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. <br />Be it ordained by the Board of County Commissioners of Indian River <br />County that: <br />SECTION 1: <br />Chapter 103, Commissions and Boards, of the Code of Indian River <br />County is hereby amended by creating Sections 103.07 and 103.08, to <br />read as follows: <br />SectiDn-1-03_.07_.-Code-EnforcementCitation Procedures - General._ <br />(1) These procedures are enacted pursuant to Section 162.21, <br />Florida Statutes. <br />(2) Citation authorization; application. <br />A code enforcement officer so designated by the county is <br />authorized to issue a citation to a person when, based upon <br />per sonalinvestigatioTr, -the-officer-has-reasonable-cause to--be-lieve <br />that the person has committed a civil infraction in violation of a <br />duly enacted county code or ordinance; the county court will hear <br />the charge. Designation as a code enforcement officer does not <br />provide the code enforcement officer with the power of arrest or <br />subject the code officer to the provisions of ss. 943.085-943.255, <br />F.S. <br />(_3) Notification prior to citation issuance; procedures. <br />(a) Prior to issuing a citation, a code enforcement officer shall <br />provide notice to the person that the person has committed a <br />violation of a code or ordinance and shall establish a reasonable <br />time period within which the person must correct the violation. <br />Such time period shall be no more than 30 days. If, upon personal <br />investigation, a code enforcement officer finds that the person has <br />not corrected the violation within the time period, the code <br />enfDroement--officer-may issue -a citation---to-the- -person _who has <br />committed the violation. A code enforcement officer does not have <br />to provide the person with a reasonable time period to correct the <br />violation prior to issuing a citation and may immediately issue a <br />citation if the code enforcement officer has reason to believe that <br />the violation presents a serious threat to the public health, <br />safety, or welfare, or if the violation is irreparable or <br />irreversible. <br />1For purposes of this section, "irreparable or irreversible" <br />violations shall include (but not be limited to) violations that <br />result in apparent financial advantage for the violator in <br />comparison to law-abiding citizens. <br />SmeadSoft Reprint Date: Friday, September 27, 2013 - 10:37:27 - Officia[Documents:501, Attachment Id 1, Page 1 <br />
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