1. CEB Coordinators & Secretaries
CODE ENFORCEMENT
CEB Coordinators & Secretaries

2. ARE YOU STRESED AT WORK

4. Florida State Statute 162 CEB Coordinators & Secretaries
The statutes that allow Cities and Counties to
Set up Code Boards and Special Magistrates.
Local jurisdictions may provide administrative
personnel as necessary to aid the Board in
performance of its duties

5. CEB Coordinators & Secretaries
RESPONCIBILITIES
Review and process cases
Prepare and send notices
Ensure due process is legally correct
Prepare agendas
Disseminate orders
File and release liens

6. RESPONCIBILITIES
Serve as a liaison between Board/Special Magistrate and the Public
Ex Parte communication is prohibited by law
The Goal is to prepare all cases legally and give the violators due process

7. Case Preparation Who should be noticed ?
F.S – notice provided to owner of record.
Officer/inspector/ admin staff must determine who should receive notice.
Ensure due process.
Trusts.
Should list the actual “trust” as respondent
Send notice in care of the trustee
Corporations.
Service to officers; and/or
Registered agents

8. Notices of Violation Death of owner of record. Must notify all heirs.
Notify executor or administrator of estate.
Bankruptcy.
Chapter 11- Business Reorganization
Chapter 13 – Individual Reorganization
Chapter 7 – Liquidation of Assets
UPON DEATH PROPERTY AUTOMATICALLY VESTS TO HEIRS AND THEY BECOME LEGALLY RESPONSIBLE FOR THE PROPERTY
COURTHOUSE RECORDS WILL SHOW IF A PROPERTY IS IN PROBATE
IF NOT IN PROBATE NOTIFY SURVIVING SPOUSE OR CLOSEST RELATIVE
PG 55

9. Notices of Violation Bankruptcy.
Code Enforcement actions is not “Automatically stayed” from action.
11 U.S.C. §362(b)(4)(a)(1) defines exemption for code enforcement
If the code lien is filed prior to the bankruptcy, collection effort must stop, the lien is included in the case.
If violations still exist it may be recommended to start a new case
Contact your attorney if you have questions concerning whom to notice.
UPON DEATH PROPERTY AUTOMATICALLY VESTS TO HEIRS AND THEY BECOME LEGALLY RESPONSIBLE FOR THE PROPERTY
COURTHOUSE RECORDS WILL SHOW IF A PROPERTY IS IN PROBATE
IF NOT IN PROBATE NOTIFY SURVIVING SPOUSE OR CLOSEST RELATIVE
PG 55

10. When in doubt Notice Everyone
Notices of Violation
The term “ET AL” translates to “all others”
If this term is used on the deed there are others listed.
Foreclosures the term “Lis Pendens” means a notice has been recorded in the public record. If the foreclosure process is not complete, certificate of title has not changed. The existing owner is still the owner of record.
When in doubt Notice Everyone
UPON DEATH PROPERTY AUTOMATICALLY VESTS TO HEIRS AND THEY BECOME LEGALLY RESPONSIBLE FOR THE PROPERTY
COURTHOUSE RECORDS WILL SHOW IF A PROPERTY IS IN PROBATE
IF NOT IN PROBATE NOTIFY SURVIVING SPOUSE OR CLOSEST RELATIVE
PG 55

11. Case File CASE FILES MAY CONTAIN THE FOLLOWING:
Affidavit or statement from the Officer / Inspector
Copy of Notice of violation
Copy of Property appraiser Tax Deed
Corporations: Copy of Sunbiz
Trusts: copy of the trust
Any other pertinent information
Remember the Case file is your code Board RECORD
UPON DEATH PROPERTY AUTOMATICALLY VESTS TO HEIRS AND THEY BECOME LEGALLY RESPONSIBLE FOR THE PROPERTY
COURTHOUSE RECORDS WILL SHOW IF A PROPERTY IS IN PROBATE
IF NOT IN PROBATE NOTIFY SURVIVING SPOUSE OR CLOSEST RELATIVE
PG 55

12. Due Process
F.S – very specific in the notice requirements for the fulfillment of due process.
Must meet criteria for providing service.
Primary Service
Secondary Service
PG 58

13. Due Process Primary Service Certified Mail, Return Receipt Requested
F.S (a)
If unclaimed or refused, can go to “secondary” method (posting or publishing), and “by first class mail directed to the addresses furnished to the local government with a properly executed proof of mailing.”
FOR CORPORATIONS certified mail to the “registered Agent” or all the officers of the corporation PG

14. Due Process Primary Service Hand Delivery
By giving notice directly to respondents.
By leaving notice at known residence with any person at least 15 years of age who resides there.
Commercial locations by giving notice to manager or someone in charge. PG

15. Due Process Secondary Service Must follow attempt at primary service.
Posting
Must occur at least 10 days prior to the meeting.
Posted in two separate locations.
Publication
In lieu of posting.
Notice shall be published once each week for four consecutive weeks in a newspaper of general circulation in the county where the code board is located.
PRIMARY SERVICE MUST BE ATTEMPTED FIRST. CASE FILE MUST INCLUDE THE APPROPRIATE AFFIDAVITS OF THESE EFFORTS.
POSTING IN TWO PLACES ONE BEING THE PROPERTY THE OTHER THE PUBLIC OFFICE OF THE AGENCY
PG 60

16. Due Process
It is the coordinator or Secretary’s responsibility to monitor all the cases to ensure proper service has been obtained.
Evidence that an attempt has been made to send certified mail or hand deliver, together with proof of publication or posting shall meet the State requirements .
Whether or not the violator actually received the notice.
PRIMARY SERVICE MUST BE ATTEMPTED FIRST. CASE FILE MUST INCLUDE THE APPROPRIATE AFFIDAVITS OF THESE EFFORTS.
POSTING IN TWO PLACES ONE BEING THE PROPERTY THE OTHER THE PUBLIC OFFICE OF THE AGENCY
PG 60

17. Prepare 1 -2 weeks before the Hearing
Code Enforcement Board Agendas
Prepare 1 -2 weeks before the Hearing
Final agenda 1-2 days before the Hearing
Order of the Agenda set by Jurisdiction or Board
PG 46

18. Code Enforcement Board
For Code enforcement Boards you must ensure a quorum of Board members will be present at the Hearing.
PG 46

19. Code Enforcement Boards
Quasi Judicial
Population less than 5,000 may appoint 5 or 7 members.
Population 5,000 or more must appoint 7 members.
Government may appoint 2 alternates to serve in the absence of regular members.
BOARD HAS POWER TO ADJUDICATE CASES AND ISSUE FINDINGS OF FACT AND PUNITIVE FINES
PG 46

20. Code Enforcement Board
If you do not have enough members for a quorum, the Hearing must be cancelled and all cases must be re-noticed for the next Hearing.
PG 46

21. Secretaries and Coordinator Duties
Prior to the Hearing:
Transport all files
Set up room
Distribute Agendas
Sign In sheet
BOARD HAS POWER TO ADJUDICATE CASES AND ISSUE FINDINGS OF FACT AND PUNITIVE FINES
PG 46

22. Secretaries and Coordinator Duties
During the Hearing:
Roll call of Board Members
Administer the Oath of Witnesses
Record any changes or corrections on the agenda
Call the Cases
Any other assigned duties
BOARD HAS POWER TO ADJUDICATE CASES AND ISSUE FINDINGS OF FACT AND PUNITIVE FINES
PG 46

23. Reasonable Time
F.S (2) – “…if a violation of the code is found, the code enforcement officer/inspector shall notify the violator and give the violator a reasonable time to correct the violation.”
F.S – if Notice of Violation and Hearing are in the same document, they must meet notice requirements.
Several factors determine reasonable time:
Type and complexity of the violations
Severity of the violations
Life safety concerns
Statutory and jurisdictional guidelines
ANY TIME THERE IS A HEARING OR PUBLIC MEETING THERE ARE CERTAIN GUIDELINES THAT HAVE TO BE MET TO ENSURE THAT ALL PROPERTIES HAVE BEEN NOTIFIED.
PG 56

24. Hearings Code enforcement officers/inspectors present their cases.
CEB and Special Magistrates issue findings of fact, conclusions of law and order.
All testimony taken under oath.
Meetings/hearings follow Roberts Rules of Order.
HEARING PROVIDE ALLEGED VIOLATORS AN OPPORTUNITY TO SPEAK AND PRESENT THEIR EVIDENCE
ISSUES FINDING OF FACTS AND MAY IMPOSE FINES FOR CONTINUED VIOLATIONS
IF RESPONDENCES DO NOT AGREE WITH THE RULING, THEY MAY APPEAL THE CASE TO THE CIRCUIT COURT WITHIN 30 DAYS OF THE ORDER
QUASI JUDICIAL HEARING…FORMAL RULES OF EVIDENCE DO NOT APPLY.
PG 62

25. Code Enforcement Boards
Officer/inspector presents evidence and testimony to prove violation.
Provide alleged violators opportunity to present:
Evidence
Testimony
If Board establishes guilt, determines “reasonable” time for compliance and an appropriate penalty for continued non- compliance.
HEARINGS ALLOW VIOLATOR WITH THE OPPURNITIY TO PRESENT EVIDENCE TO SHOW THAT NO VIOLATION EXISTS
PG 47

26. Code Enforcement Boards
After considering the evidence, the Board issues an order by which both the officer and respondent must abide.
Respondent may appeal order within 30 days of issuance to the Circuit Court.
Although formal rules of evidence do not apply,
Testimony is taken under oath and recorded.
Fundamental due process observed.
Because an appeal is only a review of the existing record created before the Board, officers/inspectors must get all relevant information on the record.
APPEAL…………OFFICER MUST TESTIFY AND SUBMIT ALL EVIDENCE BECAUSE AN APPELLATE JUDGE WILL NOT CONSIDER ANY INFORMATION OR EVIDENCE THAT WAS NOT MADE PART OF THE RECORD. IF EVIDENCE IS DISCOVERED LATER OR WAS NOT PUT INTO THE RECORD IT CANNOT BE BROUGHT UP AT THE APPEAL, NO MATTER HOW RELEVANT IT MAY BE
PG 47

27. Code Enforcement Boards
F.S (4) provides for recording orders in the public record.
F.S gives Boards the power to subpoena alleged violators and witnesses.
F.S empowers the CEB to:
Record a lien against the property.
Impose fines.
Up to $250 per day for first time violations.
Up to $500 per day for repeat violations.
Up to $5,000 for irreparable or irreversible violations.
May include costs of repairs.
RECORDING ORDERS…….THIS WILL BIND SUBSEQUENT PURCHASERS OF AN AFFECTED PROPERTY
PG 48

28. Code Enforcement Boards
Local government having a population equal to or greater than 50,000 may adopt an ordinance authorizing the Board to impose fines as follows:
Up to $1,000 per day for a first violation.
Up to $5,000 per day for a repeat violation.
Up to $15,000 if the violation is irreparable or irreversible.
Local governments may seek money judgments to enforce their codes.
PG 48

29. Secretaries and Coordinator Duties
After the Hearing:
Written Orders signed by the Chair or Magistrate
Finding of Fact
BOARD HAS POWER TO ADJUDICATE CASES AND ISSUE FINDINGS OF FACT AND PUNITIVE FINES
PG 46

30. HEARING TO IMPOSE FINE OR PENALTY
MASSEY HEARING
HEARING TO IMPOSE FINE OR PENALTY

31. Due Process
Implies the right of the people affected to be present before the tribunal who pronounces judgment upon questions of life, liberty, or property.
Also implies that violators have the right to be heard by testimony or otherwise and to have the right of bringing proof on every material fact which bears on the question of right in the matter involved.
Must ensure that the three prongs of due process are met:
Reasonable notice
Opportunity to appear
Opportunity to be heard
PG 57

32. Affidavits Sworn written statements made under oath.
Ensure all facts and details are correct.
Most common types of affidavits used in code enforcement are:
Affidavit of Hand Delivery
Affidavit of Posting
Affidavit of Non-Compliance
Affidavit of Compliance
Falsifying an affidavit is perjury!
HAND DELIVERY… OFFICER SWEARS THAT HE HAND DELIVERED THE SPECIFIED DOCUMENT TO THE SPECIFIC PERSON ON A SPECIFIC DATE
POSTING… OFFICER SWEARS THAT HE POSTED THE DOCUMENT ON A SPECIFIC DATE AT THE LOCATIONS REQUIRED BY 162
NON COMPLIANCE… OFFICERS SWEARS THAT THE VIOLATION STILL EXISTED AT A SPECIFIC DATE.
COMPLIANCE… OFFICER SWEARS THE VIOLATION WAS CORRECTED ON A SPECIFIC DATE
PG 61

33. NOTERY Florida Notary laws:
The notary must always witness the signing of a
document
Make sure the document is completely filled out
correctly
The notary must initial any corrections
Avoid “Split Jurat” a part of the document should
be on the page with the signature line

34. Code Enforcement Boards
Certified copy of the Board’s order recorded in the public record shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator.
Three months after a lien is recorded and the Board may authorize the local governing body attorney to foreclose or sue for a money judgment.
Homestead property exempt from foreclosure.
The Orders have the force or law and cannot be changed
Code Enforcement Board liens continue in force for 20 years.
LIENS ALSO SERVES AS NOTICE TO ANY INTERESTED PARTY THAT THESE VIOLATIONS EXIST ON THE PROPERTY AND FINES HAVE BEEN LEVIED FOR THE VIOLATIONS
IF LIEN IS NOT RECORDED AND THE PROPERTY CHANGES OWNERSHIP, THE NEW PARTY WILL NOT HAVE ANY OBLIGATION TO SETTLE THE FINES, PG

35. LIEN STATUS Partial release of Lien:
One party or one property is removed from the lien.
The lien remains in full force on the other person or property
Full release of lien:
Property ownership has changed before recording
Property is in compliance and all fines paid
Fines waived by the Board or Magistrate

36. TAX DEEDS
If a property is delinquent in property taxes, it may be sold in a Tax Deed
Homesteaded Property:
Your jurisdiction may receive part of the excess proceeds
The code lien is extinguished on the property (not on the violator)
New owner may need to be cited
Non Homesteaded Property:
Code lien does transfer to new owner
Does not encumber any other property of the new owner

37. Appeals
An aggrieved party, including the local governing body, may appeal an order to the Circuit Court.
F.S – parties must file within 30 days of the execution of the order being appealed.
Appeal limited to the “record” of the case created before the ruling body.
Must follow the Rules of Appellate Procedure, Rule
PG 67

38. Repeat Violators Same Violator Same Ordinance Violated.
Found Guilty within 5 years
Repeat Violators does not need to have “reasonable time to comply”
Case can immediately be scheduled for a Hearing
Fines can be assessed from the date of the first non-compliance inspection
PG 67

39. Recurring Violations
Properties that have been cited multiple times, but always come into compliance before the Hearing
Can be brought to a Hearing even if in compliance
Property was in violation but is now in compliance, the Board or Magistrate may issue an “Order to Remain in Compliance”
PG 67

40. Public Records Ch 119
All materials received by the Government in the official conduct of its business is a public record
These records shall be inspected by anyone desiring to do so
There is no reason why, and you cannot refuse
There are exemptions to Chapter 119 and some records are not considered “public”. These must be redacted from the records transmitted.
Fees by law .15 per single page or .20 for double
May also charge for staff time
Records retained for 5 years from last action
Can be brought to a Hearing even if in compliance
Property was in violation but is now in compliance, the Board or Magistrate may issue an “Order to Remain in Compliance”
PG 67

41. from the Florida Association of Code Enforcement
Thank You
from the Florida Association of Code Enforcement
and
the F.A.C.E. Certification Committee
2006 ∙ Florida Association of Code Enforcement, Inc.