Florida/Georgia Personal Injury & Workers Compensation

...Chapter 162 allows counties to enforce their ordinances through code enforcement boards with appeal to the circuit court (chapter 162, part I) and/or through code enforcement officers with appeal to the county court by trial de novo (chapter 162, part II) or, indeed, "by any other means." See sections 162.13, 162.21(8), Fla....

...codes and ordinances." (Emphasis added.) Next, section 162.13 establishes the supplemental nature of the "Part I" procedures— they "shall [not] prohibit a local governing body from enforcing its codes by other means", for instance by "Part II" means. Further, sections 162.21 and 162.22 of "Part II" permit counties to use code enforcement officers and administrative hearing officers to pursue more minor code violations providing that, inter alia, provisions exist "for the contesting of a citation in county court." Section 162.21(5)(e), Fla....

...ions within a reasonable time. After the hearing before the special magistrate, the property owner sought certiorari in the circuit court. Ultimately, the circuit court dismissed the notice of violation, holding that the County failed to comply with section 162.21(c)(3), Florida Statutes (2005), which requires that a code enforcement citation indicate the date and time the civil infraction was committed....

...However, the circuit court applied the wrong law in this case. Chapter 162, Florida Statutes, governs code enforcement procedures. Chapter 162 is divided into two parts. Part I, sections 162.01-162.13, establishes the pleading and proof requirements for an administrative proceeding, whereas Part II, sections 162.21-162.30, relates to the pleading and proof requirements for a civil court action. See Sarasota County v. Nat'l City Bank of Cleveland, 902 So.2d 233, 235 (Fla. 2d DCA 2005). Here, the circuit court applied Part II, section 162.21(3)(c)(3), which requires that a citation list the "date and time the civil infraction was committed," to a Part I administrative enforcement proceeding. By applying 162.21(3)(c)(3) to a notice of violation in an administrative enforcement proceeding, the circuit court created an additional non-required pleading and proof requirement for the County....

...owledge. Here, the special magistrate found the property owner violated the code and gave her a reasonable time to correct the violation. Therefore, the circuit court erred in reversing the special magistrate's findings by imposing Part II, sections 162.21-162.30, pleading requirements to a Part I, sections 162.01-162.13, proceeding....

...egal right to injunctive relief by showing that a party has violated a law, code, or ordinance. Ware, 918 So. 2d at 980. But here it 2 We reject Appellants’ argument that the circuit court lacked jurisdiction to enter the judgment below. See § 162.21(8), Fla....

...carriage of justice. Haines City Comm. Dev. v. Heggs, 658 So.2d 523 (Fla.1995). A courtesy warning is not required where there has been a repeat violation or. “the violation presents a serious threat to the public health, safety, or welfare ...” § 162.21(3)(b), Fla....

...Poole Fernandina Beach City Attorney Post Office Box 1280 Fernandina Beach, Florida 32035 Dear Mr. Poole: You have asked for my opinion on substantially the following question: Is the City Commission of the City of Fernandina Beach authorized to adopt and enforce an ordinance pursuant to section 162.21 , Florida Statutes, prohibiting the removal of trees without a permit with a penalty of $12,500 or more for violation of that ordinance? In sum: The City of Fernandina Beach is authorized to utilize enforcement mechanisms other than section 162.21 , Florida Statutes, to enforce a "tree ordinance" with a penalty greater than that set forth in section 162.21 , Florida Statutes....

...removal of trees without a permit. You have provided no information regarding this ordinance other than indicating that the amount of any fine would vary, depending upon the size of the tree removed. The city has adopted the procedures set forth in section 162.21 , Florida Statutes, for the enforcement of its code and ordinances....

...(f) Such procedures and provisions as are necessary to provide for the enforcement of a code or an ordinance under the provisions of this section." 10 Thus, as specifically provided in subsection (5)(a), the maximum civil penalty authorized to be imposed under section 162.21 , Florida Statutes, is $500, and the City of Fernandina Beach may not assess any greater penalty for a violation of a municipal ordinance enforced under this section....

...tes, to enforce its "tree ordinance," these provisions may provide some guidance in crafting an enforcement mechanism for the city. In sum, it is my opinion that the City of Fernandina Beach is authorized to utilize enforcement mechanisms other than section 162.21 , Florida Statutes, to enforce a "tree ordinance" with a penalty greater than that set forth in section 162.21 , Florida Statutes....

...2000-34 (2000) (municipality may enter into an interlocal agreement with the county to have code enforcement matters reviewed by the county's code enforcement board as an alternate means of enforcing its codes.); 95-25 (1995) (a county choosing to enforce its codes or ordinances pursuant to section 162.21 , Florida Statutes, is required to make a violation of its codes or ordinances a civil infraction with a civil penalty; this does not, however, preclude a county from enforcing its codes or ordinances individually such that violation o...

...) (municipality possesses the authority to impose penalties for violations of municipal ordinances under its home rule powers); 89-24 (1989) (municipality, under its broad home rule powers, may prescribe penalties for violation of its ordinances). 7 Section 162.21 (1), Fla. Stat. 8 Sections 162.21 (2) and 162.21 (3)(a), Fla. Stat. 9 Section 162.21 (3)(a), Fla. Stat. 10 Section 162.21 (5), Fla....

and ordinances enacted by the municipality.2 Section 162.21, Florida Statutes, in authorizing the appointment

...a code inspector such that the position would be characterized as an "office" for purposes of the dual officeholding prohibition. Chapter 162, Part II, Florida Statutes, sets forth further procedures for the enforcement of county or municipal codes. Section 162.21 , Florida Statutes, provides: A county or a municipality may designate certain of its employees or agents as code enforcement officers....

being exercised. 10 Section 162.21(2), Fla. Stat. (1996 Supp.). 11 Section 162.21(5), Fla. Stat. (1996

...se statutorily prescribed procedures but must utilize them as they are set forth in the statutes. Your letter indicates that Gilchrist County has adopted the supplemental county code enforcement procedures of Part II, Chapter 162 , Florida Statutes. Section 162.21 , Florida Statutes, provides the enforcement procedures for violations of county codes or ordinances....

the Legislature states that the provisions in section 162.21, Florida Statutes, authorizing the appointment

...), allows a county or municipality to adopt an administrative code enforcement system. Id.; see § 162.03(2), Fla. Stat. Part II provides for supplemental methods of enforcement within the judicial system. Sarasota County, 902 So. 2d at 235; see § 162.21(8), Fla....

...If the violation continues, the inspector notifies the code enforcement board and requests a hearing. The remainder of the enforcement procedure is carried out by the code enforcement board. 3 Part II, Chapter 162 , Florida Statutes, sets forth further procedures for the enforcement of county or municipal codes. Section 162.21 (2), Florida Statutes (1996 Supp.), provides: "A county or a municipality may designate certain of its employees or agents as code enforcement officers....

the enforcement of county or municipal codes. Section 162.21(2), Florida Statutes, provides: "A county or

enforce its codes or ordinances pursuant to section 162.21, Florida Statutes, is required to make a violation