§ 54-477. Hearing.

(1)

Within the period of time for compliance specified in the Notice of Public Nuisance, the property owner of record interest in the Official Records of Sarasota County shall either abate the nuisance or file a written request with the Code Enforcement Officer for a hearing before a Hearing Officer to show that the condition alleged in the notice does not exist or that such condition does not constitute a public nuisance in violation of this Ordinance. This request shall be effective when received by the Code Enforcement Officer. Once such a request is made, the Office of the County Attorney shall coordinate prosecution of the action with the Code Enforcement Officer. The Office of the County Attorney shall have discretion to prosecute, dismiss, or settle the case after consulting with the Code Enforcement Officer.

(2)

The Code Enforcement Special Magistrates, appointed pursuant to Sarasota County Ordinance No. 93-006, as amended, are hereby designated Hearing Officers for the purposes of this Ordinance.

(3)

Hearing procedures shall be as follows:

(a)

Any attorney appearing on behalf of the property owner of record interest in the Official Records of Sarasota County, mortgagee of record interest in the Official Records of Sarasota County, or any other person of record interest in the Official Records of Sarasota County, shall file a Notice of Appearance with the Office of the County Attorney at least three business days prior to the hearing.

(b)

The hearing shall be held as soon as possible but not more than 21 calendar days after expiration of the time period specified in the Notice of Public Nuisance, unless a continuance is agreed to by both parties.

(c)

The Hearing Officer shall have the authority to accept or reject any settlement agreement reached between the parties, and shall have continuing jurisdiction to enforce the terms of the settlement agreement through any appropriate order.

(d)

All testimony presented at the hearing shall be under oath administered by the Hearing Officer. The County shall record the hearing. A copy of the audio recording shall be available to the public consistent with F.S. ch. 119. However, any failure in the recording of the hearing, because of a mechanical failure in equipment or otherwise, shall not be grounds for a new hearing.

(e)

NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER IS MADE OF THE HEARING. ACCORDINGLY, ANY PERSON WHO MAY SEEK TO APPEAL BY CERTIORARI ANY DECISION INVOLVING THE MATTERS NOTICED FOR HEARING WILL BE RESPONSIBLE FOR MAKING A VERBATIM RECORD OF THE TESTIMONY AND EVIDENCE AT THIS HEARING UPON WHICH ANY APPEAL IS TO BE BASED.

(f)

Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Hearsay statements may be allowed, and any objections to hearsay shall go to the weight of the evidence. However, in no event may a Hearing Officer make a ruling solely on hearsay statements. At the hearing, the County shall have the burden of proving, by a preponderance of the evidence presented, that the determination or action under review was justified in accordance with this article.

(g)

At the conclusion of the hearing or shortly thereafter, the Hearing Officer shall issue findings of fact, based on evidence of record, and conclusions of law in an order affording the proper relief. The order shall be filed with Board Records after issuance and shall be deemed rendered upon the date of said filing. A copy of the order shall be personally served on the property owner of record interest in the Official Records of Sarasota County, mortgagee of record interest in the Official Records of Sarasota County, or person of record interest in the Official Records of Sarasota County, or their legal counsel or mailed by certified mail, return receipt requested.

(h)

The order of the Hearing Officer shall be final, subject, however, to review in the Circuit Court via petition for writ of certiorari filed within 30 days the decision was rendered as provided by Article V, Section 5(b) of the Florida Constitution, and Florida Rules of Appellate Procedure 9.030(c)(3) and 9.100.

(i)

The order of the Hearing Officer shall not be interpreted as a continuing obligation on the part of the County to make further abatement or to maintain the property and does not create any liability against the County for damages to the property if such abatement was completed in good faith.

(Ord. No. 83-082, 2-14-1984; Ord. No. 93-043, 7-13-1993; Ord. No. 97-090, § 7, 9-9-1997; Ord. No. 2000-071, § 7, 10-25-2000; Ord. No. 2010-083, § 7, 1-11-2011; Ord. No. 2011-060, § 7, 10-12-2011; Ord. No. 2014-017, § 7, 4-9-2014)