§ 2-261. Enforcement of city codes or ordinances; penalties.

(a)

The city council may designate certain of its employees or agents as code enforcement officers. Employees or agents who may be designated as code enforcement officers may include, but are not limited to, code inspectors, zoning inspectors, law enforcement officers, animal control officers, or fire safety inspectors. Designation as a code enforcement officer does not provide the code enforcement officer with the power of arrest or subject the code enforcement officer to the provisions of F.S. §§ 943.085—943.255. Nothing in this section amends, alters, or contravenes the provisions of any state-administered retirement system or any state-supported retirement system established by general law.

(b)

(1)

A code enforcement officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the county court will hear the charge.

(2)

Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible.

(3)

A citation issued by a code enforcement officer shall contain:

a.

The date and time of issuance.

b.

The name and address of the person to whom the citation is issued.

c.

The date and time the civil infraction was committed.

d.

The facts constituting reasonable cause.

e.

The number or section of the code or ordinance violated.

f.

The name and authority of the code enforcement officer.

g.

The procedure for the person to follow in order to pay the civil penalty or to contest the citation.

h.

The applicable civil penalty if the person elects to contest the citation.

i.

The applicable civil penalty if the person elects not to contest the citation.

j.

A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty.

(c)

After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with the county court.

(d)

Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or 775.083.

(e)

The provisions of this section shall not apply to the enforcement pursuant to F.S. §§ 553.79 and 553.80 of building codes adopted pursuant to F.S. § 553.73 as they apply to construction, provided that a building permit is either not required or has been issued by the municipality. For the purposes of this subsection, "building codes" means only those codes adopted pursuant to F.S. § 553.73.

(f)

The provisions of this section are additional and supplemental means of enforcing municipal codes or ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this section shall prohibit the city from enforcing its codes or ordinances by any other means.

(g)

The city council may designate a town marshal pursuant to the provisions of section 2-242 of the city code who shall be a "law enforcement officer" or a "part-time law enforcement officer", as defined in F.S. § 943.10(1), (6), and who shall have the power of arrest without a warrant pursuant to the provisions of F.S. § 901.15(1).

(1)

To the maximum extent possible, and within the town marshal's discretion, the town marshal shall issue a notice to appear for misdemeanors or violations of municipal or county ordinances and the authority to conduct a lawful search thereon.

(2)

The provisions of F.S. § 901.17 pertaining to the method of arrest without a warrant shall be applicable to the powers and duties of the town marshal.

(3)

The provisions of F.S. § 901.21 pertaining to the search of persons arrested shall be applicable to the powers and duties of the town marshal.

(4)

The provisions of F.S. § 901.28 pertaining to notice to appear for misdemeanors or violation of municipal or county ordinances shall not affect the town marshal's authority to conduct searches.

(5)

The provisions of F.S. § 316.1945 et seq. pertaining to unlawful stopping, standing or parking shall be applicable to the powers and duties of the town marshal.

(h)

The town marshal shall use his or her sole discretion in the enforcement of the provision of this chapter or the provisions of any state law.

(Ord. No. 06-12, § 15, 10-2-2006; Ord. No. 16-03 , § 2, 9-7-2016)