§ 2-83. Enforcement by notice of violation method and procedures.

(a)

If a violation of the Town Code is alleged to exist, the Code Compliance Officer shall, except as provided in subsections (b) and (c) below, provide written notice to the alleged violator of the violation and afford that person a reasonable time, in light of the nature of the violation, to correct it. Should the violation continue beyond the time specified for correction, the Code Compliance Officer shall notify the Special Magistrate Clerk, who shall schedule a hearing before a Special Magistrate. The Code Compliance Officer, Special Magistrate Clerk, or other person designated by the Town Mayor shall provide written notice of the hearing, by hand delivery or certified mail, return receipt requested, to the alleged violator. At the option of the Special Magistrate, notice may additionally be served by publication or posting as further set forth in F.S. ch. 162.

(b)

If the Code Compliance Officer has reason to believe a violation presents a serious threat to the public health, safety or welfare, the Code Compliance Officer may proceed directly to a hearing, upon approval of the Town Mayor without notifying the alleged violator. However, where possible, the Code Compliance Officer shall use his or her best efforts to ensure that reasonable notice shall be given to the alleged violator.

(c)

If a Code Compliance Officer finds a repeat violation, the Officer shall notify the alleged violator, but is not required to give the alleged violator a reasonable time to correct the repeat violation. Upon notifying the alleged violator, the Code Compliance Officer shall notify the Special Magistrate Clerk, who shall schedule a hearing before a Special Magistrate and provide notice to the alleged violator. The case may be presented to the Special Magistrate, even if the repeat violation has been corrected prior to the Special Magistrate hearing, and the notice shall so state.

(d)

If the owner of property that is subject to an enforcement proceeding pursuant to this chapter transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall:

(1)

Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee;

(2)

Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor;

(3)

Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the Town Code and with orders issued in the code enforcement proceeding; and

(4)

File a notice with the Special Magistrate Clerk of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five days after the date of the transfer.

(e)

A failure to make the disclosures described in subsections (d)(1), (2), and (3) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held.

(Ord. No. C-372, § 15, 2-11-2014)