13-1400 Appointment of Special Magistrate

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Code Enforcement Officer, upon notifying the violator of a repeat violation, shall notify the Code Enforcement Board and request a hearing. The Code Enforcement Board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to Section `' 156 Section 2 -157.. The case may be presented to the Code Enforcement Board even if the repeat violation has been corrected prior to the Board hearing, and the notice shall so state. If the repeat violation has been corrected, the Code Enforcement Board retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay said costs as determined by the Code Enforcement Board. For purposes of this Section, the term "repeat violation" means a violation of a provision of a code or ordinance by a person who has been previously found through a code enforcement board or any other quasi - judicial or judicial process, to have violated or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occur at different locations. SECTION 8. Section 2 -151, Chapter 2, Administration, Article IV, Boards, Committees and Commissions, Division 2, Code Enforcement Board, of the Code of Ordinances of the City of Casselberry is hereby amended to read as follows: Sec. 2 151 2-152. Conduct of hearings. (c) Each case before the Board shall be presented by the Code Enforcement Officer, a member of the City's Administrative Staff or special counsel. If the City prevails in prosecuting a case before the Code Enforcement Board, it shall be entitled to recover all costs incurred in prosecuting the case before the Board, and such costs may be included in the lien authorized under SeGtiGn 2 454 °` Section 2- 1541,-). (h) At the conclusion of the hearing, the Board shall issue findings of fact based on the evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with the evidence and the powers granted herein. (1) The findings shall be by motion approved by a majority of those members present and voting, except that at least four members of the Board must vote in order for the action to be official. (2) The Board's order shall be pronounced orally at the meeting, and shall be reduced to writing and mailed by regular U. S. Mail to the alleged violator.