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1992-059
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1992-059
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Last modified
2/26/2021 1:42:42 PM
Creation date
8/11/2020 4:06:05 PM
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Resolutions
Resolution Number
1992-059
Approved Date
04/21/1992
Subject
Adopting a Schedule of Penalties for County Code Violations Cited in Accordance with
the Citation Provisions of County Code Chapter 103
Document Relationships
1992-09
(Agenda)
Path:
\Ordinances\1990'S\1992
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ORDINANCE NO. 92 - <br />Notwithstanding the preceding paragraph (103.07(3)(a)), the Board <br />of County Commissioners shall adopt, by resolution, a schedule of <br />violations and penalties to be assessed by code enforcement <br />officers, including standard notification time periods for specific <br />types of violations, said time periods not exceeding 30 days. <br />(b) A citation issued by a code enforcement officer shall be in a <br />form prescribed by the county and shall contain: <br />1. The date and time of issuance. <br />2. The name and address of the person to whom the citation is <br />issued. <br />3. The date and time the civil infraction was committed. <br />4. The facts constituting reasonable cause. <br />5. The number of the section of the code or ordinance violated. <br />6. The name and authority of the code enforcement officer. <br />7. The procedure for the person to follow in order to pay the <br />civil penalty or to contest the citation. <br />S. The applicable civil penalty if the person elects to contest <br />the citation. <br />9. The applicable civil penalty if the person elects not to <br />contest the citation. <br />10. A conspicuous statement that if the person fails to pay the <br />civil penalty within the time allowed, or fails to appear in <br />court to contest the citation, he shall be deemed to have <br />waived his right to contest the citation and that, in such <br />case, judgement may be entered against the person for an <br />amount up to the maximum civil penalty. <br />11. A statement to read as follows: I hereby elect to waive my <br />right to a court hearing and in lieu thereof select to have my <br />case heard by the Indian River County Code Enforcement Board <br />or designated special master. I understand that the decision <br />of the code enforcement board or designated special master <br />shall be final and binding on me. (signature). <br />(4) After issuing a citation to an alleged violator, a code <br />enforcement officer shall deposit the original citation and one <br />copy of the citation with the county court, unless the alleged <br />violator elects to appear before the code enforcement board or <br />designated special master in which case the citation and copy shall <br />be deposited with the secretary of the code enforcement board. <br />(5) Any person who willfully refuses to sign and accept a citation <br />issued by a code enforcement officer shall be guilty of a <br />misdemeanor of the second degree, punishable as provided in s. <br />775.082 s. 775.083., F.S. <br />(6) The provisions of this section shall not apply to the <br />enforcement of building codes adopted pursuant to S. 553.73, F.S., <br />as they apply to construction, provided that a building permit is <br />either not required or has been issued by the county. <br />(7) The provisions of this section are an additional and <br />supplemental means of enforcing county codes and ordinances; <br />nothing contained in this section shall prohibit the county from <br />enforcing its codes or ordinances by any other means. <br />2 <br />
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