§ 50-80. Procedures; investigation of violation; issuance of citations.

(a)

A fire code enforcement officer shall make a personal investigation of an alleged violation. As part of his/her investigation, the fire code enforcement officer shall determine the facts surrounding the alleged violation, obtain the names and addresses of any witnesses which may be necessary to prove the alleged violation, and shall determine the name and address of the person responsible for the violation.

(b)

If, based upon his/her personal investigation, the fire code enforcement officer has reasonable cause to believe that a violation has occurred, he/she shall provide notice of the violation to the person responsible for the violation. This notice shall indicate that a violation has occurred, as set forth by the fire code or ordinance violated, and shall give that person a reasonable time, not to exceed 30 days, to correct the violation. For purposes of this article, reasonable cause shall be defined as facts which, unless rebutted, will establish a violation of the fire code or ordinance provision(s) cited. Consistent with F.S. § 162.21(3)(b), a fire code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation (as defined in F.S. § 162.04) is found or if the officer 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.

(c)

If the violation has not been corrected within the time set by the fire code enforcement officer, the fire code enforcement officer is authorized to issue a citation for a civil infraction of the codes and ordinances of the county to the person responsible for the violation. The citation shall be issued and shall be in such form as is consistent with F.S. § 162.21, and prescribed by the board of county commissioners.

(d)

Upon completing the citation, the fire code enforcement officer shall obtain the signature of the person cited, and shall provide them with a copy of the citation. If the person cited refuses to sign the citation, the fire code enforcement officer shall write the words "refused" or "refused to sign" in the space provided for the person's signature. The fire code enforcement officer shall then leave a copy of the citation with the person cited, and shall contact the county sheriff's office to file the necessary reports alleging a violation of F.S. § 162.21(6).

(Ord. No. 2000-17, § 5, 3-14-00)