§ 2-244. Special magistrate; establishment; qualifications.

(a)

There is hereby established a code enforcement special magistrate, appointed pursuant to F.S. ch. 162, who shall be designated by the city commission as its hearing officer for code enforcement matters.

(b)

To be eligible for service as a special magistrate, a person must be a member in good standing with the Florida Bar for a minimum of five years.

(c)

Eligible candidates for special magistrate shall be reviewed by a selection committee appointed by the city manager. The selection committee shall make recommendations to the city commission for the appointment of special magistrates.

(d)

Special magistrates shall be appointed by the city commission. The city commission may appoint up to two alternate special magistrates to serve due to legal conflicts of interest or in the absence of the special magistrate.

(e)

The special magistrate shall serve at the pleasure of the city commission and may be removed from service at any time, with or without cause, by a majority of the city commission.

(f)

The special magistrate shall be compensated at a rate to be determined by the city commission by resolution.

(g)

In the event that a legal conflict of interest prevents the special magistrate and any alternate special magistrate from hearing a case, the city manager may contract with any current special magistrate of another jurisdiction to hear the case.

(h)

The code enforcement special magistrate shall have the power to:

(1)

Adopt rules for the conduct of hearings, to be distributed with any notices of hearing;

(2)

Subpoena alleged violators, witnesses and evidence to its hearings;

(3)

Take testimony under oath; and

(4)

Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.

(Ord. No. 2008-0580, § 1, 6-3-2008)