§ 66-107. Citations.  


Latest version.
  • (a)

    The inspector is authorized to issue a notice of citation to a person or business owner when, based upon personal investigation, the inspector has reasonable cause to believe that a violation has been committed.

    (b)

    All notices under this article shall comply with the requirements provided pursuant to F.S. ch. 162 regarding notices. A citation issued by an inspector shall be in a form prescribed by the county and shall contain:

    (1)

    Date and time of issuance;

    (2)

    Name and address of person to whom the citation is issued;

    (3)

    Name of business the violator is employed, if applicable;

    (4)

    The date and time the civil infraction was committed;

    (5)

    Factual description of violation constituting reasonable cause;

    (6)

    Section of Code of Ordinances violated;

    (7)

    Name and authority of officer issuing notice;

    (8)

    Procedure for person to follow in order to pay the civil penalty or to contest the citation;

    (9)

    Applicable civil penalty if violator elects to contest citation;

    (10)

    Applicable civil penalty if violator elects not to contest citation;

    (11)

    A conspicuous statement that if violator fails to pay civil penalty within time allowed, or fails to appear in court to contest citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the violator for an amount up to the maximum civil penalty.

    (c)

    After issuing a citation to an alleged violator, an inspector shall deposit the original citation and one copy of the citation with the county court, if payment is not received within 30 days of violation date.

    (d)

    When a civil penalty is assessed for a violation of this article, such penalty shall be paid to county board within 30 days of violation date.

    (e)

    The person or business owner issued the citation may contest by submitting a written request to the county water conservation office to be received within 30 days of violation date. The citation will then immediately be forwarded to the clerk of court to request a court hearing date.

    (f)

    All unpaid citations 31 days beyond violation date will be sent to the clerk of court to request a hearing date. The clerk shall then schedule a hearing in the county court and shall provide written notice of the hearing to the citation recipient.

    (g)

    A citation recipient that fails to pay the civil penalty within the time allowed, or fails to appear in county court to contest the citation, shall be deemed to have waived the right to contest the citation and, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty.

    (h)

    Any person who willfully refuses to sign and accept a citation issued by code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or § 775.083.

( Ord. No. 2014-A19 , § III, 10-14-14)