Ordinance 2021-562 - Laserfiche WebLink

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§ 14-1. - Definitions. DEPARTMENT— Development Services Department, which oversees the Code Compliance and Licensing went Divisions. DIRECTOR — The Director of the Development Services Department. REPEAT VIOLATION — A violation of a provision of the Code by a person whom the Cele En fefeoment and T ieensing Department Director, or his/her designee, or the Special Magistrate has previously found to have violated the same provision of the Code. A repeat violation can occur only after correction of the previous violation has been made. § 14-10. - Scheduling and conduct of hearing. A. Upon receipt of a named violator's timely request for an administrative hearing or a written hearing request from the Code Enforcement Officer as provided herein, the office of the City Clerk, in consultation with the Special Magistrate, shall set the matter down for hearing on the next regularly scheduled hearing date or as soon thereafter as practicable. B. The office of the City Clerk shall send a notice of hearing by first class mail or by certified mail to the named violator at his last known address. The Department Code Enf r-^ement and T ieens ng r,epat4ment may post the hearing notice, at the request of the City Clerk. The notice of hearing shall include, but not be limited to, the following: N. The fact -fording determination of the Special Magistrate shall be limited to whether or not the violation alleged occurred, and, if so, whether the person named in the civil violation notice may be held responsible for that violation. Based upon this fact -fording determination, the Special Magistrate shall either affirm or reverse the decision of the Code Enforcement Officer. If the Special Magistrate reverses the decision of the Code Enforcement Officer and finds the named violator not responsible for the Code violation in the alleged civil violation notice because the Ddepartment did not present substantial competent evidence to indicate that such violator is responsible for the violation, then, and in that case, the named violator shall not be liable for the payment of any civil penalty, absent reversal of the Special Magistrate's findings pursuant to any circuit court appeals. § 14-13. - Recovery of unpaid civil penalties; unpaid penalties to constitute a lien; foreclosure. A. A certified copy of an order imposing a civil penalty shall be recorded in the public records and thereafter shall constitute a lien against the property on which the violation exists and upon any other real or personal property owned by the violator; upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to