§ 2-66. Conduct of hearings.

(a)

Upon request of the code enforcement officer, or at such other times as may be necessary, the special master may convene a hearing on one (1) or more pending code enforcement cases. Minutes shall be kept of all hearings and all hearings and proceedings shall be open to the public. The city shall provide clerical and administrative personnel as may be reasonably required by the special master for the proper performance of his duties.

(b)

Each case heard by the special master shall be presented by the code enforcement officer or designee. If the city prevails in prosecuting a case before the special master, it shall be entitled to recover all costs incurred in prosecuting the case, and the order of enforcement shall assess those costs upon presentation of proper proof thereof.

(c)

The special master shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

(d)

At the conclusion of the hearing, the special master shall issue findings of fact, based on evidence of record, and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted by this division and state law. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions specified in F.S. § 162.09(1), the cost of repairs may be included along with the fine if the order is not complied with by the date set. A certified copy of the order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the special master shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

(Ord. No. 2004-20, § II, 5-19-04)