§ 22-559. Enforcement procedures.

(a)

Code inspectors shall have the authority to initiate enforcement proceedings against any person who is not a licensed and/or is not a certified and/or a registered contractor or subcontractor or who proceeds on any job without first obtaining applicable local building permits and inspections. No special magistrate shall have the power to initiate such proceedings.

(b)

A code inspector who finds a violation of this article has the authority to issue a citation to an alleged violator.

(c)

A code inspector may issue a separate citation for each day that a violation is found to exist beyond the date set for compliance. The citation form shall include, but not be limited to, the following:

(1)

Date and time of issuance.

(2)

Name of code inspector and division or department issuing the notice.

(3)

Name and address of the alleged violator.

(4)

Code section that has been alleged to be violated.

(5)

Brief description of the nature of the violation, including location, date and time of violation.

(6)

Amount of the applicable civil penalty as it applies to a first violation; failure to enter an increased civil penalty for a repeat violation shall not prevent imposition of the increased civil penalty in appropriate cases.

(7)

Procedure for the person to follow to pay the civil penalty, or to contest the citation.

(8)

Notice that additional citations may be issued for each day that the applicable violation is found to exist.

(9)

Notice that failure of the alleged violator to request an administrative hearing within ten days after service of the citation upon him shall constitute a waiver of the alleged violator's right to an administrative hearing before the special magistrate, and that such waiver shall constitute an admission of violation.

(d)

A person who has been served with a citation shall elect either to:

(1)

Correct the violation and pay the civil penalty in the manner indicated on the citation; or

(2)

Within ten days of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hearing before the special magistrate to challenge the issuance of the citation.

(e)

First time offenders shall be issued a citation with a $250.00 fine. Should the stated first time offender obtain a Brevard County Certificate of Occupancy within 120 days of the citation's issuance, the cost of the fine will be applied to the application fee and first year license fee with any remaining fees due to the county at the time. Moreover, any employees of the stated first time offender who obtains a Brevard County Certificate of Occupancy pursuant to this section, will have said fines refunded in full upon providing proof that he or she was the first time offender's employee, as defined by subsection 22-478(4)b., at the time the citation in question was issued.

(f)

Failure by the alleged violator to challenge the issuance of the citation within this time period shall constitute a waiver of the alleged violator's right to a hearing. A waiver of the right to a hearing shall be deemed an admission of the violation and penalties may be imposed accordingly.

(Ord. No. 93-04, § 1.03, 3-2-93; Ord. No. 05-15, § 10, 4-26-05; Ord. No. 2017-17, § 1, 7-25-17)