07-11-19 ProceduresPROCEDURES FOR CODE ENFORCEMENT HEARINGS BEFORE SPECIAL MAGISTRATE
ATLANTIC BEACH, FLORIDA
O GOVERNING LAW & LEGAL STANDARDS
Florida Statutes Chapter 162 and the Atlantic Beach Code of Ordinances will usually provide the
governing law. It is the alleged violator's responsibility to know the law. This document is a general
summary of the applicable rules and laws.
The Special Magistrate will make decisions based on the preponderance of the evidence. In other
words, the special magistrate determines, based on the evidence presented at the hearing, whether it
is more likely than not that a violation occurred. The City bears the burden of proving a violation
occurred.
O THE HEARING
The hearing is conducted in front of a Special Magistrate. Fla. Stat. § 162.07 and Atlantic Beach
Code § 2-148 govern the conduct of the hearing. This document does not change any part of the
law and ordinances. At the hearing, the Special Magistrate functions somewhat like a judge functions
at a trial. The Special Magistrate will control the order of proceedings, question witnesses, and
generally run the hearing.
O PARTIES
Atlantic Beach and the cited party or alleged violator — us»ally the property owner or tenant — are
the parties. Parties may be represented by attorneys or parties may appear for themselves without an
attorney.
O THE CONDUCT OF THE HEARING
The hearing will begin by the Special Magistrate determining who is present for the hearing and their
interests in the proceedings, i.e. owner, tenant, neighbor, etc.
o Presentation ofEvidence and Statements at the Hearing
1. All witnesses and parties offering testimony will be sworn in. Any party may make a brief
opening statement.
2. The code enforcement officers who investigated the matter will present the evidence they
developed and testify about their findings and, including the presentation of photographs,
reports, and other documents. The alleged violator will have an opportunity to examine all
documents presented at the hearing. The alleged violator will also have an opportunity to ask
questions of the code enforcement officers. In general, the code enforcement officer will
need to establish the alleged violator received notice, what part of the code has been
violated, and the facts and circumstances constituting the violation.
3. Witnesses with personal knowledge about the alleged violation, any harm caused by the
violation, or other knowledge the special magistrate deems pertinent may testify. People who
are merely generally interested in the proceedings or who only have opinions about how the
matter should be handled are not witnesses and may not testify. All witnesses must be sworn
in and give testimony under oath.
4. The Special Magistrate will take testimony from the code enforcement officer and the cited
party. The alleged violator and the city may also present witnesses as necessary. The alleged
violator will have an opportunity to ask questions of witnesses for the city, and the city will
have an opportunity to ask questions of the alleged violator and any witnesses.
5. Any party may make a brief final statement.
o EVIDENCE
The Florida Rules of Evidence will serve as a general guide as to what kinds of evidence may be
presented, what kinds of questions can be asked, and how evidence will be evaluated. The Special
Magistrate may exclude any evidence and impose reasonable limits on the kinds of questions that
can be asked, how long witnesses may be questioned, and how long presentations may last.
Parties and witnesses who plan on presenting documents or exhibits at the hearing should bring at
least three copies of all documents or exhibits with them to the hearing. The Special Magistrate and
the City will each keep one copy. The Special Magistrate may refuse to consider any documents or
exhibits if there are not sufficient copies.
O THE DECISION & FINES
The Special Magistrate will announce a decision at hearing and issue a written order after the
hearing.
If you are found in violation, you will be ordered to comply with the Code within a certain time. If
you do not comply within that time, you may be fined up to $250 for a first violation and up to $500
for repeat violations. Each day that passes beyond the time set for compliance can incur a separate
fine. Fines can become very expensive quickly if you do not comply on time. In addition to fines,
the City may make any repairs it determines are necessary and charge you for the cost of repairs and
recover all costs incurred in prosecuting the violation. If a violation is irreparable or irreversible, you
may be immediately fined up to $5,000.
O REHEARINGS & APPEALS
Any party may request a rehearing by filing a request with the city clerk with 10 days of the
execution of the written order. Code § 2-148(c) governs rehearings and contains specific
requirements that must be met. In general, rehearings can be held due to new, material evidence
being found that was not introduced at the hearing.
The alleged violator may appeal the Special Magistrate's decision by filing an appeal in the Circuit
Court for Duval County, Florida within 30 days of the execution of the Special Magistrate's order. A
copy of the appeal should also be filed with the Clerk of Atlantic Beach. The alleged violator is
responsible for knowing and following the laws that govern appeals.
JULY 11, 2019 REV
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