§ 8-14. Violations procedure.


Latest version.
  • (a)

    The code enforcement manager or designee shall be authorized to issue a citation to a person when, based upon personal investigation, the code enforcement manager or designee has reasonable cause to believe that the person has committed a civil infraction in violation of a Lake County Code provision or an ordinance. Prior to issuing a citation, the code enforcement manager or designee shall provide notice to the person that the person has committed a violation of the applicable code provision or ordinance, and shall establish a reasonable period of time of thirty (30) days or less within which the person shall correct the violation. If, upon personal investigation, the code enforcement manager or designee finds that the person has not corrected the violation within the designated time period, he or she may issue a citation to the person who has committed the violation. The code enforcement manager or designee shall not be required to provide the person with a reasonable period of time to correct the violation prior to issuing the citation, and may immediately issue a citation, if the code enforcement manager or designee 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.

    (b)

    The code enforcement manager or designee shall issue a citation in a form prescribed by resolution of the board of county commissioners, and meeting the requirements of F.S. § 162.21(3)(c).

    (c)

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

    (d)

    After issuing a citation to an alleged violator, the code enforcement manager or designee shall deposit the original citation and one (1) copy of the citation with the Clerk of the County Court in Lake County.

    (e)

    An alleged violator shall have thirty (30) days from the date of receipt of the citation to pay the reduced civil penalty indicated on the citation, either by mail or in person, or contest the citation by requesting a hearing date in the county court. An alleged violator electing to contest the citation and choosing to appear in county court shall be deemed to have waived the right to pay the reduced civil penalty provided for in section 8-13.

    (f)

    The county court, after a hearing, shall determine whether the alleged violator has committed an infraction. If the commission of an infraction by the alleged violator has been proven by the greater weight of the evidence, the county court may impose a civil penalty not to exceed five hundred dollars ($500.00).

    (g)

    An alleged violator who fails, within thirty (30) days from the date of receipt of the citation, to pay the reduced civil penalty appearing on the citation, or to request a hearing to contest the citation, or who requests a hearing but does not appear, shall be deemed to have waived the right to contest the citation, and the county court may enter judgment against the alleged violator for an amount up to the maximum civil penalty of five hundred dollars ($500.00).

    (Ord. No. 1999-74, § 2, 7-6-99; Ord. No. 2007-40, § 6, 8-21-07)

    Note— Former App. E, § 12.07.23.