§ 2-246. Conduct of hearing.

(a)

The special magistrate shall conduct a hearing every calendar month. However, upon request of the code enforcement officer, or at such other times as may be necessary, the special magistrate may call a hearing. Minutes shall be kept of all hearings by the special magistrate, and all hearings and proceedings shall be open to the public.

(b)

Each case before the special magistrate shall be presented by a member of the administrative staff of the city. If the city prevails in prosecuting a case before the special magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the special magistrate and such costs may be included in the lien authorized under F.S. § 162.09(3). The city commission shall, by resolution, establish standard costs of prosecution.

(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 enforcement officer and 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 herein and in F.S. ch. 162, as amended. The order may include a notice that the order must be complied with by specified date and that a fine may be imposed, the cost of repairs may be included along with the fine, if the order is not compiled with by said date. The order may also include a notice that under the conditions specified in section 2-248, the cost of repairs may be included along with the fine if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the city and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein 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. A hearing is not required to issue such an order acknowledging compliance.

(Ord. No. 2008-0580, § 1, 6-3-2008)