§ 10-88. Notice of violations.  


Latest version.
  • (a)

    Notice to responsible parties.

    (1)

    Upon receipt of a complaint, and upon completion of a field investigation, of violations of this article, the code enforcement officer, or authorized representative, shall give written notice of any alleged violation of the provisions of this article to the owner or responsible person of any dwelling unit, premises, building, structure, accessory structure, lot, plot or tract of land subject to the provisions of this article. Such notice shall be provided in the manner prescribed in this article and in accordance with F.S. ch. 162, as amended.

    (2)

    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 inspector shall make a reasonable effort to notify the violator and may immediately notify the special magistrate and request a hearing. 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 the special magistrate and request a hearing.

    (b)

    Form. Notice as prescribed in this section shall be in accordance with the following:

    (1)

    Include the date on which the violation was observed.

    (2)

    Include the address of the property in violation.

    (3)

    Indicate and describe the section or sections of this article violated.

    (4)

    Include the necessary corrective action.

    (5)

    Provide for a reasonable period of time to comply.

    (6)

    Describe the penalty for non compliance.

    (c)

    Method of service. The written notice required by this section shall be deemed to have been served upon the owner and/or operator if provided by:

    (1)

    Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the city manager; or

    (2)

    Leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or

    (3)

    Mailing a copy of such notice by certified mail, return receipt requested, provided that such notice is sent under this paragraph to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the local government by such owner; however, if said notice is returned as unclaimed or refused, notice may be provided by posting as described in this section and by first class mail directed to the addresses furnished to the local government with a properly executed proof of mailing or affidavit confirming the first class mailing.

    (d)

    Alternative method of service. In addition to providing notice as set forth in this section notice may also be served by publication or posting, as follows:

    (1)

    Notice may be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Pinellas County. The newspaper shall meet such requirements as are prescribed under F.S. ch. 50, as amended. Proof of publication shall be made as provided in F.S. ch. 50, as amended; or

    (2)

    Notice may be posted at least ten days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at the front door of the county courthouse. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting; or

    (3)

    Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under this section.

(Ord. No. 14-02, § 11, 6-2-2014)