§ 2-134. Conduct of hearing.

(a)

Upon request of the code inspector, or at such other times as may be necessary, the special magistrate may call a hearing. Minutes shall be kept of all hearings, and all hearings and proceedings shall be open to the public. The town commission shall provide clerical and administrative personnel as may be reasonably required by the special magistrate for the proper performance of his duties, or as otherwise agreed with the special magistrate.

(b)

Each case before the special magistrate shall be presented by the code enforcement attorney, a code inspector, or by a member of the administrative staff of the town commission. If the town prevails in prosecuting a case before the special magistrate, it shall be entitled to recover all costs and fees, and such costs and fees may be included in the lien authorized under section 2-136(c), or may be collected pursuant to the non-ad valorem assessment procedure set forth in section 2-142.

(c)

The special magistrate shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The special magistrate shall take testimony from the code inspector, the alleged violator, and other witnesses called by the code inspector and/or the alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

(d)

At the conclusion of the hearing, the special magistrate shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted in this division. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions specified in section 2-136(a), the cost of repairs may be included along with the fine if the order is not complied with by that date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property; and the findings in the order shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the special magistrate shall issue an order acknowledging compliance that shall be recorded in the public records upon the payment by the violator of the assessed costs and fees. A hearing is not required to issue such an order acknowledging compliance.

(Code 1999, § 2-146; Ord. No. 94-47, § 6, 6-28-1994; Ord. No. 2014-19, § 1(2-146), 10-14-2014)

State law reference

Similar provisions, F.S. § 162.07.