§ 5-211. Part 1—Scope and administration.

Sub-Part A. Scope and Application

Section 101. General.

101.1 Title. This Ordinance and the regulations contained herein shall be known and referred to as the "City of Davenport Property Maintenance Code", (hereinafter referred to as the "Code").

101.2 Scope. The provisions of this Code shall apply to all existing residential and nonresidential structures and all existing premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators, and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.

101.3 Intent. This Code shall be construed to secure its expressed intent, which is to ensure the public health, safety and welfare insofar as the citizenry is affected by the continued occupancy and maintenance of structures and premises. Repairs, alterations and additions to change the occupancy in existing buildings shall comply with the 2007 Florida Building Code: Existing Building (First Printing), including the 2009 Supplements, and all prospective supplements thereto.

101.4 Severability. If any section, sentence, clause, subsection or phrase of this Code is, for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining segments of this Code, which shall remain in full force and effect.

Section 102. Applicability.

102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this Code and the referenced standards, the provisions of this Code shall apply. Where, in a specific case, different sections of this Code specify different requirements, the most restrictive shall govern.

102.2 Maintenance. Equipment, systems, devices and safeguards required by this Code or a previous regulation or Code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this Section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this Code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises.

102.3 Application of Other Codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the 2007 Florida Building Code, the 2008 National Electrical Code, and the 2007 Florida Fire Prevention Code, including the 2009 Supplements and all other prospective supplements thereto. Nothing in this Code shall be construed to cancel, modify or set aside any provision of the Davenport Unified Land Development Regulations.

102.4 Existing Remedies. The provisions in this Code shall not be construed to abolish or to impair existing remedies of the City or its officers relating to the removal or demolition of any structure which is dangerous, unsafe or unsanitary.

102.5 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this Code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions.

102.6 Historic Buildings. The provisions of this Code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the Code Inspector to be safe and in the public interest of health, safety and welfare.

102.7 Referenced Codes and Standards. The codes and standards listed in Appendix A are considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and the referenced standards, the provisions of this Code shall apply.

a.

Exception: Where enforcement of a Code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.

102.8 Requirements Not Covered By Code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this Code, shall be determined by the Code Inspector.

102.9 Application of References. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this Code.

102.10 Other Laws. The provisions of this Code shall not be deemed to nullify any provisions of local, state or federal law.

Sub-Part B. Administration and Enforcement

Section 103. The Community Development Department.

103.1 General. The Community Development Department of the City (hereinafter referred to as "Department") is hereby assigned to undertake the duties and responsibilities of maintenance inspection pursuant to this Code, and the Chief Code Inspector and his or her authorized designee.

103.2 Appointment. The Chief Code Enforcement Inspector shall be appointed by the City Manager or his or her authorized designee.

103.3 Deputies. In accordance with the prescribed procedures of the City and with the concurrence of the City Manager or his or her authorized designee, the Chief Code Inspector shall have the authority to appoint assistant inspectors to assist in the performance of responsibilities pursuant to this Code. Such employees shall have the powers as delegated by this Article and the Davenport City Code.

103.4 Liability. The Chief Code Inspector, the Assistant Inspectors, and members of the Department as well as all other employees charged with the enforcement of this Code, while acting for the City, in good faith and without malice or reckless disregard in the discharge of the duties required by this Code or other pertinent laws or ordinances, shall not thereby be rendered personally liable, and are hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of his or her duties and under the provisions of this Code shall be defended by legal counsel retained by the Commission, until the final termination of the proceedings. The Chief Code Inspector or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this Code. Notwithstanding the foregoing, nothing herein shall be construed to waive, limit or otherwise conflict with the provisions of Section 768.28, Florida Statutes, or any other limiting law, provision or regulation. If there is any conflict on any given incident between this Section of this Code and Section 768.28, Florida Statutes, the terms and provisions of Section 768.28, Florida Statutes shall supersede and control the terms and conditions of this Section.

103.5 Fees. The fees for activities and services performed by the Department in carrying out its responsibilities under this Code shall be as listed and specified in Ordinance No: 682, adopted by the City Commission on December 14, 2009.

Section 104. Duties and Powers of the Designated Code Inspectors

104.1 General. The designated Code Inspector is hereby authorized and directed to enforce the provisions of this Code. The Code Inspector shall have the authority to render interpretations of this Code and to adopt policies and procedures in order to clarify the application of this Code's provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Code, and shall be subject to review and approval by the City Manager and/or the Commission. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this Code.

104.2 Inspections. The Code Inspector shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of the City. The Code Inspector is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the Special Magistrate.

104.3 Right of Entry. Where it is necessary to make an inspection to enforce a provision or provisions of this Code or whenever the Code Inspector has reasonable cause to believe that there exists in a structure or upon premises a condition in violation of this Code, the Code Inspector is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that if such structure or premises is occupied, the Code Inspector shall present credentials to the occupant and request his or her consent to conduct an inspection within the structure or premises. If such consent is granted, then the Code Inspector may proceed to conduct an inspection limited to the specific consent granted. If consent by the occupant is revoked, or if entry is refused, or if the premises are unoccupied, then the Code Inspector shall pursue the application, issuance and execution of an Inspection Warrant pursuant to Sections 933.20—933.30, Florida Statutes.

104.4 Identification. The Code Inspector shall carry proper identification when inspecting structures or premises in the performance of his or her duties pursuant to this Code.

104.5 Notices and Orders. The Code Inspector shall issue all necessary notices or orders to ensure compliance with this Code.

104.6 Department Records. The Code Inspector shall keep official records of all business and activities of the Department specified in the provisions of this Code. Such records shall be retained in the official records for the period required for retention of public records.

Section 105. Approval.

105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this Code, the Code Inspector shall have the authority to grant modifications for individual cases upon application of the owner or owner's representative, provided the Code Inspector believes that the facts and circumstances of that particular case warrants a modification and the modification is in compliance with the intent and purpose of this Code, and that such modification does not lessen health, life and fire safety requirements. All such modifications shall be subject to review and approval by the Chief Code Inspector and/or the City Manager. The details of action granting modifications shall be recorded and entered in the Department files.

105.2 Alternative Materials, Methods and Equipment. The provisions of this Code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this Code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the Code Inspector finds that the proposed design is satisfactory and complies with the intent of the provisions of this Code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability and safety.

105.3 Required Testing. Whenever there is insufficient evidence of compliance with the provisions of this Code, or evidence that a material or method does not conform to the requirements of this Code, or in order to substantiate claims for alternative materials or methods, the Code Inspector shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.

105.3.1 Testing Methods. Test methods shall be as specified in this Code or by other recognized test standards. In the absence of recognized and accepted test methods, the Code Inspector shall be permitted to approve appropriate testing procedures performed by an approved agency.

105.3.2 Test Reports. Test reports shall be retained by the Department for the period of time required for retention of public records.

105.4 Used Material and Equipment. The use of used materials which meet the requirements of this Code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition, and approved by the Code Inspector.

105.5 Approved Materials and Equipment. Materials, equipment and devices approved by the Code Inspector shall be constructed and installed in accordance with such approval.

105.6 Research Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this Code, shall consist of valid research reports from approved sources.

Section 106. Violations.

106.1 Unlawful Acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this Code.

106.2 Notice of Violation. The Code Inspector shall serve a notice of violation or order in accordance with Section 107.

106.3 Prosecution of Violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of the particular violation of this Code, and the violation shall be deemed a strict liability offense. If the Code Enforcement notice of violation is not complied with, the Code Inspector shall institute the appropriate proceeding to be held before Special Magistrate. The purpose of such hearing will be to restrain, correct or abate the violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this Code. Any action taken by the City on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

106.4 Violation Penalties. Any person who shall violate a provision of this Code or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted pursuant to Section 162.06, Florida Statutes and shall be subject to administrative fines, as specified in Section 162.09, Florida Statutes. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

106.5 Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the City Attorney or his or her authorized designee from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.

Section 107. Notices and Orders.

107.1 Notice to Person Responsible. Whenever the Code Inspector determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this Code. Notices for condemnation procedures shall also comply with Section 108.3

107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following:

1.

Be in writing.

2.

Include a description of the real estate sufficient for identification.

3.

Include a statement of the violation or violations and why the notice is being issued.

4.

Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this Code.

5.

Inform the property owner of the right to appeal.

6.

Include a statement of the right to file a lien in accordance with Section 106.3.

It is the intent of this Section that any notice of violation shall contain the foregoing terms and be uniform and similar in appearance to the notices of violation sent to alleged violators pursuant to Sections 162.06 and 162.12, Florida Statutes.

107.3 Method of Service. Such notice shall be deemed to be properly served if a copy thereof is forwarded or otherwise served pursuant to Section 162.12, Florida Statutes.

107.4 Unauthorized Tampering. Signs, tags or seals posted or affixed by the Code Inspector shall not be mutilated, destroyed or tampered with, or removed without authorization from the Code Inspector.

107.5 Penalties. Penalties with noncompliance with orders and notices shall be as set forth and specified in Section 162.09, Florida Statutes.

107.6 Transfer of Ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Inspector and shall furnish to the Code Inspector a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.

Section 108. Unsafe Structures and Equipment.

108.1 General. When a structure or equipment is found by the Special Magistrate to be unsafe or when a structure is found unfit for human occupancy or is found unlawful such structure shall be condemned pursuant to the provisions of this Code.

108.1.1 Unsafe Structures. An unsafe structure is one that is found to be dangerous to the life, health, safety, or property of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.

108.1.2 Unsafe Equipment. Unsafe equipment includes any broiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

108.1.3 Structure Unfit For Human Occupancy. Except when an emergency situation occurs as specified in Section 109, Emergency Measures, a structure shall be declared to be unfit for human occupancy whenever the Board finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this Code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

108.1.4 Unlawful Structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this Code, or was erected, altered or occupied contrary to law.

108.1.5 Dangerous Structures or Premises. For the purpose of this Code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous:

1.

Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.

2.

The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.

3.

Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.

4.

Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value.

5.

The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.

6.

The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.

7.

The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.

8.

Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the City, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.

9.

A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the Code Inspector to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

10.

Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the Code Inspector to be a threat to life or health.

11.

Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.

108.2 Closing of Vacant Structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in a danger of structural collapse, then the Code Inspector, pursuant to the Special Magistrate's decision of condemnation, the Code Inspector is authorized to post a placard of condemnation on the premises and order the structure closed up so as to not be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Code Inspector shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the costs thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.

108.2.1 Authority to Disconnect Service Utilities. Once the Special Magistrate rules that a building is to be condemned, the Code Inspector shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this Code and the referenced codes and standards set forth in Section 102.7, Referenced Codes and Standards. In the case of an emergency as specified in Section 109, Emergency Measures, and where necessary to eliminate an immediate hazard to life or property, a utility connection may be disconnected through the following procedures by the Code Inspector without prior approval from the Special Magistrate. The Code Inspector shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.

108.3 Notice. Whenever the Special Magistrate has condemned a structure or equipment under the provisions of this Section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 107.3, Method of Service. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2, Form.

108.4 Placarding. Once the decision of the Special Magistrate is made to condemn the structure, equipment or premises, the Code Inspector shall post on the building, or on the defective equipment, a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.

108.4.1 Placard Removal. The Code Inspector shall remove the condemnation placard if or when the defect or defects upon which the condemnation and placarding action are based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code Inspector shall be subject to the penalties provided by this Code.

108.5 Prohibited Occupancy. Any occupied structure condemned and placarded by the Special Magistrate shall be vacated as ordered by the Special Magistrate. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let, authorize or otherwise permit anyone to occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this Code.

108.6 Abatement Methods. The owner, operator or occupant of the building, premises or equipment deemed unsafe by the Special Magistrate shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.

108.7 Record. The Code Inspector shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

Section 109. Emergency Measures.

109.1 Imminent Danger. When, in the opinion of the Code Inspector, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosives fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Code Inspector is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Inspector shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Inspector". It shall be unlawful and a trespass pursuant to Chapter 810, Florida Statutes for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.

109.2 Temporary Safeguards. Notwithstanding other provisions of this Code, whenever, in the opinion of the Code Inspector, there is imminent danger due to an unsafe condition, the Code Inspector shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the Code Inspector deems necessary to meet such emergency.

109.3 Closing Streets. When necessary for public safety, the Code Inspector shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.

109.4 Emergency Repairs. For the purpose of this section, the Code Inspector shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

109.5 Costs of Emergency Repairs. Costs incurred in the performance of emergency work shall be paid by the City. The City Attorney shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.

109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. The owner or any affected person shall have the right, upon a petition directed to the Special Magistrate to be afforded a hearing to contest the opinion or actions taken by the Code Inspector. The hearing shall be held within five (5) business days, or as soon as practicable thereafter upon the filing of the petition.

Section 110. Demolition.

110.1 General. Based on the recommendation of the Code Inspector, the Building Official, or the Fire Inspector, as the case may be, the City Commission may order the owner of any premises upon which is located any structure which in the Commission's judgment and ruling is deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the Commission shall order the owner to demolish or remove such structure, or to board up the structure until future repair. Boarding the structure up for future repair shall not extend beyond one year, unless approved by the Commission.

110.2 Notices and Orders. All notices and orders shall comply with section 107.

110.3 Failure to Comply. If the owner of a premises fails to comply with the demolition order within the time described, the Code Inspector shall cause the structure to be demolished and removed either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

110.4 Salvage Materials. When any structure has been ordered demolished and thereafter removed, the Commission shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.

Section 111. Means of Appeal and Hearing Procedures.

111.1 Application for Appeal. Any person directly affected by a final administrative order of the Special Magistrate or the Commission, as the case may be shall have the right to appeal to the Circuit Court of the Tenth Judicial Circuit, In and For Polk County, Florida. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Special Magistrate or the Commission as the case may be. An appeal shall be filed within thirty (30) days of the execution of the Order to be appealed.

111.2 Service by City Clerk. The City Clerk shall be designated as the secretary to the Commission on all hearings before the Commission.

111.3 Public Hearing. All hearings held before the Special Magistrate and the Commission shall be public. The Respondent, the Respondent's representative, the Code Inspector and any person whose interests are affected shall be given an opportunity to be heard. In respect to the Commission, a quorum shall consist of at least three (3) Commission Members.

111.4 Hearing Procedures. The Commission shall adopt and make available to the public, through the Secretary, hearing rules and procedures under which a hearing will be conducted. The procedures governing the Special Magistrate shall be in compliance with and pursuant to Chapter 162, Florida Statutes. The procedures governing either the Special Magistrate or the Commission shall not require compliance with the strict rules of evidence, but shall mandate that only relevant information be received.

111.5 Records and Copies. The hearing and the decision of the Commission or the Special Magistrate as the case may be shall be recorded. Copies shall be furnished to each party and to the Code Inspector.

111.6 Administration. The Code Inspector shall take immediate action in accordance with the decision of the Commission or the Special Magistrate.

Section 112. Stop Work Order

112.1 Authority. Whenever the Code Inspector finds any work performed in a manner contrary to the provisions of this Code or in a dangerous or unsafe manner, the Code Inspector is authorized to issue a stop work order.

112.2 Issuance. A stop work order shall be in writing and shall be given to the owner of the property, to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.

112.3 Emergencies. Where an emergency exists, the Code Inspector shall not be required to give written notice prior to stopping the work.

112.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of up to $250.00/per day.

112.5 Hearing. Any person ordered to or required to stop work shall have a right to a hearing upon filing a Petition directed to the Special Magistrate. The Special Magistrate shall hold a hearing within five (5) business days of the filing of the Petition, or as soon as practicable thereafter.

(Ord. No. 684, § 10, 3-22-10; Ord. No. 710, § 2, 6-27-11)