Reso 2007-1047 - Laserfiche WebLink

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General Code E-Code: City of Sunny Isles Beach, FL Page 4 of7 for correction has run. No continuing violation penalties shall accrue during the time period from the date of the civil violation notice until the date of the administrative hearing, if the named violator timely requests an administrative hearing to appeal the decision of the Code Inspector. Continuing violation penalties cannot be imposed by the hearing officer for uncorrectable violations. H. Civil penalties assessed pursuant to this chapter by the Special Master are due and payable to the City at the close of the hearing, or, if a proper appeal of the Special Master's decision is made, when the appeal has been finally decided adversely against the named violator. ~ 14-9. Rights of violators; payment of fine; right to appeal; failure to pay and correct or to appeal. A. A violator who has been served with a civil violation notice shall elect to: (1) Pay the civil penalty in the manner and within the time indicated on the civil violation notice and correct the violation within the time specified on the civil violation notice; or (2) Request an administrative hearing before a Special Master to appeal the decision of the Code Enforcement Officer that resulted in the issuance of the civil violation notice. B. An appeal of the civil violation notice shall accomplished by filing a written request with the office of the City Clerk not later than seven calendar days after the service of the civil violation notice. C. If the named violator, after notice, fails to pay the civil penalty and correct the violation within the time specified, or to timely request an administrative hearing before a Special Master, the Director shall be informed of such failure by affidavit from the Code Enforcement Officer. Failure of the named violator to appeal the decision of the Code Enforcement Officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the Special Master. A waiver of the right to administrative hearing shall be treated as an admission of the violation, and penalties may be assessed accordingly. D. Any person who willfully refuses to sign and accept a citation issued by a Code Enforcement Officer shall be guilty of a misdemeanor of the second degree, as per Chapter 162 of Florida Statutes. ~ 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 Master, 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 Code Enforcement and Licensing Department 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: (1) Name of the Code Enforcement Officer who issued the civil violation notice. (2) Factual description of the alleged violation. (3) Date of alleged violation. (4) Section of the Code allegedly violated. (5) Place, date and time of the hearing. (6) Right of violator to be represented by an attorney. (7) Right of violator to present evidence, witnesses and cross-examine witnesses. (8) Notice that failure of violator to attend the hearing may result in civil penalty and administrative hearing costs being assessed. (9) Notice that requests for continuances will not be considered if not received by the Special Master at least five calendar days prior to the date set for the hearing. C. If there are cases to be heard, the Special Master shall call hearings on a monthly basis or upon the request of the Director. Except for such circumstances as described herein, no hearing shall be set sooner than 10 calendar days from the date of service not including Saturdays, Sundays and holidays. D. A hearing date shall not be postponed or continued unless a request for continuance, showing good cause for such continuance, is received in writing by the Special Master at least five calendar days prior to the date set for the hearing. E. All hearings of the Special Master shall be open to the public. All testimony shall be under oath. Assuming proper notice, a hearing may proceed in the absence of the named violator. F. The proceedings at the hearing shall be recorded by the office of the City Clerk. http://www.e-codes.generaIcode.com/searchresul ts. asp ?cmd=getdoc&DocI d=4&Index=C%3 a%5cProgra... 2/23/2007