§ 30-15. Conduct of hearing.

(a)

Scheduling of hearings. A regular time and place will be designated for code enforcement proceedings and requests for hearing pursuant to city codes and standard building codes, before the special magistrate or a code enforcement board. The frequency of these hearings will be based upon the number of cases to be heard. A special hearing may take place on a day or at a time not regularly set aside for code enforcement proceedings, upon request of the code enforcement officer or at such other times as may be necessary. The code enforcement officer is responsible for scheduling code cases and the police department is responsible for scheduling chapter 26 - traffic, chapter 26 - parking, chapter 18 - police and chapter 15 - offenses, hearings, to be heard by the special magistrate. Minutes will be kept of all hearings. All hearings will be open to the public, but no public input will be taken.

(b)

Prosecution of the case. Each case on the docket will be presented to the special magistrate by the code enforcement officer and/or the city attorney, if and when their legal services are deemed necessary, city manager or his/her designee. If the city prevails in prosecuting a case before the special magistrate or a code enforcement board, it will be entitled to recover all costs, to include any attorney fees, incurred in prosecuting the case. Such costs may be included in the lien authorized under this code and under F.S. 162.07 and 162.09(3). For purposes of this section, the issuance of an order finding violation will be evidence that the city has prevailed in prosecuting the case.

(c)

Hearing testimony. The special magistrate or a code enforcement board will proceed to hear the cases on the docket for that day. All testimony will be under oath and recorded. The special magistrate or a code enforcement board, will have the power to take testimony from appropriate city staff and the alleged violator. Formal rules of evidence will not apply, but fundamental due process will apply and will govern the proceedings.

(d)

Special magistrate order or order of a code enforcement board. Within 15 days after the conclusion of each hearing, the special magistrate or a code enforcement board will issue findings of fact based on evidence of record and conclusions of law and will issue an order affording the proper relief consistent with powers granted under this code and Florida law. Such order may include a notice that the order must be complied with by a specific date and that a fine may be imposed. An award of the costs of prosecution due and owing to the city may also be imposed. The special magistrate or the code enforcement board has the discretion to grant additional time for abatement of the violation. The date for abatement will be set out in the written order. If the violation is of the type described in section 30-14 (d), the cost of repairs incurred by the town pursuant to section 30-14 (d) may be included along with the administrative fine and imposition of costs of prosecution if the order is not complied with by said date.

(e)

Recording the order. A certified copy of the order may be recorded in the public records of Brevard County and will constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein are binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order has been 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 or a code enforcement board will issue an order acknowledging compliance that will be recorded in the public records. A hearing is not required to issue an order acknowledging compliance. Failure of a violator to pay the costs of prosecution assessed against him/her by the date specified in the order finding violation may also result in the recording of the order in the public records of Brevard County, and will constitute a lien on the subject property and all other properties of the violator. Nothing in this section will be construed to waive the violator's obligations under section 30-14(d) or other provisions of this Code.

(f)

Recovery of cost. If the city prevails in prosecuting a case before the special magistrate or a code enforcement board, it shall be entitled to recover all costs incurred in said prosecution.

(Ord. No. 1583, § 3, 10-2-2014)