§ 7½-39. Conduct of hearing.

(a)

Upon request of the code inspector, or at such other times as may be necessary, the special master shall schedule a hearing. Minutes shall be kept of all hearings and all hearings and proceedings shall be open to the public. The local governing body shall provide clerical and administrative personnel as may be reasonably required by the special master.

(b)

Each case before the special master shall be presented by the local governing body attorney or by a member of the administrative staff of the local governing body. If the local governing body prevails in prosecuting a case before the special master, it shall be entitled to recover all costs incurred in prosecuting the case before the special master and such costs may be included in the lien authorized under F.S. § 162.09(3).

(c)

A special master shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The special master shall take testimony from the code inspector and alleged violator. 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 herein. 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 said date. A certified copy of such 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 it shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

(Ord. No. 09O-01-102, § 1, 1-26-09)