Code Enforcement Flashcards
Where prosecute code enforcement cases? Limits of remedies?
Prosecute in County Court.
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Fines up to $250 /day for 1st, $500/day for repeat & $5k for irreparable.
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If have a population over 50k, $1k for 1st offense, $5k for repeat & $15k for irreparable.
Code Enforcement Injunction - what must LG show?
(I x 4) = Injunc // Injection PuSHR
(1) interest of Pub.
(2) impending Success.
(3) irrep & impending Harm.
(4) inadeq Remedy.
- - -
1. Irreparable harm & likeliness of same.
2. No adequate remedies at law.
3. Subst likelihood of success on the merits; and
4. In some cases, that public interest requires the issuance of a temporary injunction.
Code Enforcement Injunction - what 3 things can be enjoined?
CODE ENFORC. ----------- the code of a VPN restrains 1. wd Violate an ordinance. 2. knowingly w/o Permits 3. Nuisance or threat to prop rts of the LG citizens.
CODE ENFORC. ----------- Code Enforcement - -- Appellate review rests on what aspect of the case? -- What is that answer dependent upon?
Depends on the grounds.
If injunction rests on:
FACTS. Affirm absent an abuse of discretion.
LAW. Rev de novo.
Code Enforcement - Officers + Proceedings
A. Code inspectors initiate proceedings. CEB mbrs may not.
B. Adversely affected property owners may pursue relief independent of the LG for code violation of their neighborhoods. Detournay v. City of Coral Gables, 127 So.3d 869 (Fla. 3d DCA 2013).
C. CEB has power to subpoena witnesses, violators & evidence.
D. Laches is an available defense in CEB case.
Code Enforcement - Fines
250 - 500 (repeat off) - 5k (cap)
~
50k - pop
1k - 5k (repeat off) - 15k (irrep)
A. Max $250/d for 1st violation, $500/d for repeat.
B. Include LG costs to repair for pub H, S, + W.
C. If CEB finds irrep, fine not to exceed $5k/violtn.
D. County pop over 50k may adopt by super majority vote up to 1k/day for 1st — $5k/day for repeat and $15k/violation if irreparable.
Code Enforcement Liens - name 4 pertinent facts.
CODE ENFORC. Liens make you CLAP. ----------- 1. Claim in a condemnation case. 2. Life = 20 yrs. 3. Against all of O's RP + PP. 4. recording a lis Pendens bars unrecorded liens unless holder intervenes w/I 30 days of recording LP.
Who initiates Code Enf case?
CE officer only.
Who specifically cannot initiate Code Enf case?
CEB Mbr.
What can neighbor do re: Code violation?
Can report violation but cannot compel LG enforce its own regs.
What’s an available defense in a Code Enforcement case?
Laches.
What powers do CEBs have?
What is a power that they don’t have?
Subpoena witnesses, violators & evidence.
CEB mbrs cannot initiate code enforcement cases, only code inspectors can.
What can adversely affected property owners do?
Adversely affected property owners may pursue relief independent of the LG for code violation of their neighborhoods.
Detournay v. City of Coral Gables, 127 So.3d 869 (Fla. 3d DCA 2013) XXXX read HaverXXXX
What are the 3 levels of penalty in CEB?
REPAIRS + PER DAY: - 1. 1st offense = $250 2. Repeat off. = $500 3. Irreparable = $5k + 60 days in jail. ------ for counties w/ pop over 50k ----- 4. 1st offense = $1k 5. Repeat = $5k 6. Irrep = $15k
Must CEB Def agree + sign the citation?
Yes! If don’t = 2nd deg misdemeanor.