§ 6-103. Procedure after citations.

(a)

The act for which the citation is issued must cease upon receipt of the citation. The person charged with the violation shall either correct the violation and pay the civil penalty in the manner indicated on the citation or, within ten (10) days of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hearing in writing before the board to appeal the issuance of the citation.

(b)

Upon receipt of a timely written request for a hearing to contest a citation, the building official shall set the matter for hearing within sixty (60) days of receipt of such request.

(c)

If the violator fails to request an administrative hearing within the time period set forth above, the violator shall be considered to have waived the right to an administrative hearing. A waiver of the right to an administrative hearing shall be deemed an admission of the violation, and penalties may be imposed accordingly.

(d)

If the alleged violator pays the applicable penalty before the date he or she is scheduled to appear before the board, he or she shall have the option to admit the commission of the infraction or to indicate that he or she does not wish to contest the citation. If such person forfeits his/her right to appear before the board at the designated time and location, he or she shall be deemed to have waived his/her right to a hearing, and to have admitted the commission of the infraction.

(e)

Any person electing to appear before the board shall be deemed to have waived his/her right to pre-payment of the penalty.

(f)

Upon receipt of a request for hearing, the building official or designee shall serve a written notice of hearing by regular U.S. mail to the alleged violator, which shall include, but not be limited to, the following:

(1)

Place, date and time of hearing;

(2)

Right of alleged violator to be represented by an attorney;

(3)

Right of alleged violator to present witnesses and evidence and conduct cross-examination, and;

(4)

A conspicuous statement reflecting the requirements of F.S. Ch. 286, that a person deciding to appeal any decision of the board will need to ensure that a verbatim record of the proceedings is made.

(g)

If the alleged violator or designated representative shows that the citation is invalid or that the violation has been corrected prior to appearing before the board, the board may dismiss the citation unless the violation is irreparable or irreversible.

(h)

No hearing shall be scheduled on a date sooner than ten (10) days from the date of service of the citation on the alleged violator unless there is reason to believe that a violation presents a serious threat to the public health, safety and welfare. All hearings shall be administratively scheduled by the building official.

(Ord. No. 2016-04, § 2, 2-2-16)