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 Sarasota County
 Code of Ordinances
 Chapter 2. ADMINISTRATION
 Article VIII. CODE ENFORCEMENT

  § 2-346. Notice and Initiation of Special Magistrate Hearings.  

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  • (a)

    Initiation of enforcement proceedings of the Sarasota County Code shall be solely the duty of the Code Enforcement Officer. Issuance of a Notice of Violation shall constitute the initiation of code enforcement proceedings. All pleadings, including the Notice of Violation and Affidavit of Violation, shall be included in the record. from which the Special Magistrate shall have judicial notice of their contents.

    (b)

    Except as provided in subsections (c) and (d), if a Code Enforcement Officer finds probable cause a violation of any Sarasota County Code exists, the Code Enforcement Officer shall provide a Notice of Violation to the alleged Violator pursuant to section 162.12, Florida Statutes, and give the violator a reasonable time to correct the violation. A Violator may not request a hearing to contest a Notice of Violation. In the event the violation continues beyond the time specified for correction, or the Code Enforcement Officer determines the violation is intermittent and likely to recur, the Code Enforcement Officer shall prepare an Affidavit of Violation, which shall constitute the formal charging instrument requesting a Special Magistrate hearing, and provide the Affidavit to the Clerk who shall serve the Affidavit upon the Violator pursuant to section 162.12, Florida Statutes, and Chapter 48, Florida Statutes. After an Affidavit of Violation has been filed, the Prosecutor shall make all enforcement decisions, including whether to move forward with, dismiss, or settle a case after consulting with the Code Enforcement Officer. The Clerk shall ensure the following procedural requirements are met as part of scheduling a hearing:

    (1)

    The Affidavit shall be attached to a Notice of Mandatory Hearing which shall specify the hearing date.

    (2)

    If service is not perfected prior to the date of the scheduled hearing, the hearing shall be re-scheduled and the Affidavit re-served. This re-scheduling shall continue until such time service is perfected.

    (3)

    If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case may be presented to the Special Magistrate even if the violation has been corrected prior to the hearing, and the notice shall so state.

    (c)

    If a repeat violation is found, the Code Enforcement Officer shall provide a written Affidavit of Recurrence to the Clerk. The Clerk shall schedule a hearing date and indicate the date on a Notice of Penalty Hearing attached to the Affidavit of Recurrence. The Affidavit of Recurrence is not required to give the Violator a reasonable time to correct the violation before requesting a hearing. If service is not perfected prior to the date of the scheduled hearing, the hearing shall be re-scheduled and the Affidavit of Recurrence re-served. The case may be presented to the Special Magistrate for assessment of a fine and/or Order of Mitigation even if the repeat violation has been corrected prior to the hearing, and the notice shall so state.

    (d)

    Notwithstanding subsection (b), above, if the Code Enforcement Officer has reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the Code Enforcement Officer shall serve a Notice of Violation on the alleged Violator(s) requesting immediate compliance and shall then notify the Clerk and request an emergency hearing, which shall be held as soon as possible after proper service notifying the alleged Violator(s) of the emergency hearing date has been made.

    (e)

    The alleged Violator may appear pro se at the hearing or be represented by legal counsel or designated representative. There is no right to discovery prior to any Special Magistrate hearing. However, the County will timely comply with any public records requests under Chapter 119, Florida Statutes.

    (f)

    All alleged Violators that receive a Notice of Violation shall be responsible for complying with the requirements of section 162.06, Florida Statutes, which relate to procedures for prospective transfer of affected properties. Transfer of such property shall not constitute cause for terminating any pending proceeding, but such proceeding shall continue against the named Violator until the transferee appears before the Special Magistrate and is substituted as the Violator.

    (g)

    Notwithstanding Section 3.7 of Sarasota County Zoning Regulations, which is Appendix A to the Sarasota County Code, neither a request for an interpretation from the Zoning Administrator, nor any appeal of such interpretation to the Board of Zoning Appeals, shall stay any code enforcement proceeding, except through consent of the Prosecutor.

    (h)

    Notwithstanding Section 22-34.108.4 of the Sarasota County Code. An appeal of a Building Official's determination to the Building Code Board of Adjustments and Appeals shall not stay any code enforcement proceeding, except through consent of the Prosecutor.

    (i)

    Notwithstanding Section 54-520(e) of the Sarasota County Code, an appeal concerning the administration or interpretation of the Sarasota County Flood Damage Prevention Ordinance shall not stay any code enforcement proceeding, except through consent of the Prosecutor.

(Ord. No. 93-006, § 6, 2-9-1993; Ord. No. 2000-052, § F, 7-25-2000; Ord. No. 2005-029, § 5, 6-29-2005; Ord. No. 2017-057, § 6, 11-14-2017)