Ordinance 2001-141 - Laserfiche WebLink

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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 ofthe Code Inspector. Continuing violation penalties cannot be imposed by the hearing officer for uncorrectable violations. (F) 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. Section 10. 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 be accomplished by filing a written request with the Office of the City Clerk not later than seven (7) 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 M8flager 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 ofthe violation, and penalties may be assessed accordingly. CD) 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. Section 11. 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 City M8flager Office ofthe 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 Manager Office ofthe 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 02001- _ Reestablishing Code Enforcement Procedures 7