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lilt . Compliance Investigation Form
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F:ACode Enforcement\Compliance Investigation Form.doc Oct 9 2009
Statutes& Constitution :View Statutes : Online Sunshine Page 4 of 12
of the chair, the enforcement board shall declare the member's office vacant, and the local governing body shall
promptly fill such vacancy.
(f) The members shall serve in accordance with ordinances of the local governing body and may be suspended and
removed for cause as provided in such ordinances for removal of members of boards.
(4) The members of an enforcement board shall elect a chair, who shall be a voting member, from among the
members of the board. The presence of four or more members shall constitute a quorum of any seven-member
enforcement board, and the presence of three or more members shall constitute a quorum of any five-member
enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage,
and per diem expenses as may be authorized by the local governing body or as are otherwise provided by law.
(5) The local governing body attorney shall either be counsel to an enforcement board or shall represent the
municipality or county by presenting cases before the enforcement board, but in no case shall the local governing
body attorney serve in both capacities.
History.--s. 1, ch. 80-300; s. 5, ch. 82-37; s. 4, ch. 86-201; s. 2, ch. 87-129; s. 4, ch. 89-268; s. 1, ch. 94-291; s.
1441, ch. 95-147.
Note.--Former s. 166.055.
162.06 Enforcement procedure.--
(1) It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes; however,
no member of a board shall have the power to initiate such enforcement proceedings.
(2) Except as provided in subsections (3) and (4), if a violation of the codes is found, the code inspector shall
notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue
beyond the time specified for correction, the code inspector shall notify an enforcement board and request a
hearing. The code enforcement board, through its clerical staff, shall schedule a hearing, and written notice of
such hearing shall be hand delivered or mailed as provided in s. 162.12 to said violator. At the option of the code
enforcement board, notice may additionally be served by publication or posting as provided in s. 162.12. If the
violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the
code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior
to the board hearing, and the notice shall so state.
(3) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator
a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation,
shall notify an enforcement board and request a hearing. The code enforcement board, through its clerical staff,
shall schedule a hearing and shall provide notice pursuant to s. 162.12. The case may be presented to the
enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall
so state. If the repeat violation has been corrected, the code enforcement board retains the right to schedule a
hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The
repeat violator may choose to waive his or her rights to this hearing and pay said costs as determined by the code
enforcement board.
(4) If the code inspector has reason to believe a violation or the condition causing the violation presents a serious
threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code
http://www.leg.state.fl.us/Statutes/index.cf n?App_mode=Display_Statute&URL=Ch0162/ch0162.h... 1/8/2013