§ 2-245. Enforcement procedure.

(a)

It shall be the duty of the code enforcement officers to initiate enforcement proceedings of the various codes. The special master shall not have the power to initiate such enforcement proceedings.

(b)

Except as provided in subsection (i), if a violation of the codes is found, the code enforcement officer shall notify the violator and give the violator a reasonable time, no less than five days and up to a maximum of 30 days, to correct the violation. For violations occurring on property occupied by a tenant, both the owner of the property and the tenant, if the tenant can be identified, may be cited for the violation. In addition, for rental properties, rental managers may be provided a courtesy copy of the notice of violation pursuant to subsection (k), below. The determination of a reasonable time shall be based on considerations of fairness; practicality; ease of correction; ability to correct; severity of the violation; nature, extent, and probability of danger or damage to the public; and other relevant factors relating to the reasonableness of the time period prescribed. Should the violation continue beyond the time specified for correction, the code enforcement officer shall notify the special master of the charges and request a hearing. For a repeat violation, it is not necessary for the code enforcement officer to give the violator a reasonable time to correct the violation.

(c)

The special master through its clerical staff, shall schedule a hearing and written notice of such hearing shall be served on the violator by one of the following methods:

(1)

Delivery by certified mail, return receipt requested, provided that, if such notice is sent under this sub-subsection 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 city by such owner, and is returned as unclaimed or refused, notice may be provided by posting as described in subsection (d)(2), below, and by first class mail directed to the addresses furnished to the city with a properly executed proof of mailing or affidavit confirming the first class mailing;

(2)

By hand delivery by a code enforcement officer, law enforcement officer, or process server; or

(3)

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

(4)

In the case of commercial premises, leaving the notice with the manager or other person in charge.

(d)

In addition to providing notice as set forth in subsection (c), above, notice may also be served by one or both of the following methods:

(1)

Publishing such notice once during each week for four consecutive weeks in a newspaper of general circulation in Pinellas County, which meets the requirements of F.S. ch. 50 for legal and official advertisements. Proof of publication shall be by affidavit, in conformance with F.S. §§ 50.041 and 50.051, filed with the city clerk.

(2)

Posting such notice for at least ten days prior to the hearing or prior to 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 Belleair Beach City Hall. 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.

(e)

The notice of hearing shall include the following:

(1)

Name of the code enforcement officer who initiated the request for a hearing.

(2)

A factual description of the alleged violation.

(3)

Date of alleged violation.

(4)

Section of code or ordinance allegedly violated.

(5)

Place, date and time of the hearing.

(6)

Right of violator to be represented by counsel.

(7)

Right of violator to present witnesses and evidence.

(8)

Notice that failure of the violator to attend the hearing may result in a fine being assessed against him.

(9)

Notice that requests for continuances will not be considered if not received by the special master at least five calendar days prior to the date set for hearing.

(f)

Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (c), above, together with proof of publication or posting as provided in subsection (d) shall be sufficient to show that the notice requirements of this division have been met, without regard to whether or not the alleged violator actually received such notice.

(g)

If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code enforcement officer the case shall be presented to the special master even if the violation has been corrected prior to the special master hearing and the notice shall so state.

(h)

If a repeat violation is found, the code enforcement officer shall notify the violator but is not required to give the violator a reasonable time to correct the violation. A hearing before a special master shall be requested and scheduled in the manner provided above.

(i)

If the code enforcement officer 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 violator is engaged in violations of an itinerant or transient nature as defined in this code, or if the violation is irreparable or irreversible in nature, the code enforcement officer shall make a reasonable effort to notify the violator and may immediately notify the special master and request a hearing.

(j)

If the owner of property which is subject to an enforcement proceeding before a special master transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall:

(1)

Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee;

(2)

Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor;

(3)

Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding; and

(4)

File a notice with the code enforcement officer of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five (5) days after the date of the transfer.

A failure to make the disclosures described in subsections (1), (2), and (3) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held.

(k)

Managers of rental properties may file with the code enforcement manager a list of the properties they manage, along with the name and address of the person to whom any courtesy notice provided under this subsection should be sent. The code enforcement officer may prescribe a required format for such information, so as to best accommodate the provision of courtesy notices. Whenever a notice of violation is provided to the owner or tenant of any such property, the code enforcement officer shall attempt to mail a courtesy copy of the notice of violation, as well as any subsequent notice of hearing pertaining to such violation, to the name and address provided by the rental property manager. Failure to mail any such courtesy copy shall not, however, affect the validity of any notice of violation, hearing or other procedure or proceeding.

(Ord. No. 06-12, § 7, 10-2-2006)