1992-059 - Laserfiche WebLink

Home Browse Search

ORDINANCE NO. 92- (d) If the enforcement board or designated special master finds that a violation exists, the enforcement board or designated special master may order the violator to pay a civil penalty of not less than the amount set forth on the citation but not more than $500 per day for each violation. In determining the amount of the penalty, the enforcement board or designated special master shall consider the following factors: 1. The gravity of the violation. 2. Any actions taken by the violator to correct the violation. 3. Any previous violations committed by the violator. (e) Upon written notification by the code enforcement officer that a violator has not contested the citation and has not paid the civil penalty within the time frame allowed on the citation, or if a violation has not been corrected within the timeframe set forth on the citation (as applicable), the enforcement board or designated special master shall enter an order ordering the violator to pay the civil penalty set forth on the citation, and a hearing shall not be necessary for the issuance of such order. (f) A certified copy of any order imposing penalty against an uncertified contractor may be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by the violator. The lien may be foreclosed upon after 3 months from the filing of any .such lien which remains unpaid, in accordance with the provisions of ss. 487.127(3)(h), F.S. (6) Appeal to circuit court. An aggrieved party, including the local governing body, may appeal a final administrative order of the enforcement board or designated special master to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the enforcement board or designated special master. An appeal shall be filed within 30 days of the execution of the order to be appealed. (7) Serving of notices. All notices required by this section shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer or code enforcement officer; by leaving the notice at the violator's usual place of residence with some person of his family above 15 years of age and informing such person of the contents of the notice; or by including a hearing date within the citation. (8) Nothing contained in this section shall prohibit the county from enforcing its codes or ordinances by any other means. SECTION 2• REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict.