Code Enforcement

Question 1

Where prosecute code enforcement cases? Limits of remedies?

Answer 1

Prosecute in County Court.
Fines up to $500/day + imprisonment up to 60 days

Question 2

Code Enforcement Injunction - what must LG show?

Answer 2

(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.

Question 3

Code Enforcement Injunction - what 3 things can be enjoined?

Answer 3

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.

Question 4

Code Enforcement -
– Appellate review rests on what aspect of the case?
– What is that answer dependent upon?

Answer 4

Depends on the grounds.
If injunction rests on:

FACTS. Affirm absent an abuse of discretion.

LAW. Rev de novo.

Question 5

Code Enforcement - Officers + Proceedings

Answer 5

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.

Question 6

Code Enforcement - Fines

Answer 6

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.

Question 7

Code Enforcement Liens - name 4 pertinent facts.

Answer 7

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.

Question 8

Who initiates Code Enf case?

Answer 8

CE officer only.

Question 9

Who specifically cannot initiate Code Enf case?

Answer 9

CEB Mbr.

Question 10

What can neighbor do re: Code violation?

Answer 10

Can report violation but cannot compel LG enforce its own regs.

Question 11

What’s an available defense in a Code Enforcement case?

Answer 11

Laches.

Question 12

What powers do CEBs have?
What is a power that they don’t have?

Answer 12

Subpoena witnesses, violators & evidence.
CEB mbrs cannot initiate code enforcement cases, only code inspectors can.

Question 13

What can adversely affected property owners do?

Answer 13

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

Question 14

What are the 3 levels of penalty in CEB?

Answer 14

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

Question 15

Must CEB Def agree + sign the citation?

Answer 15

Yes! If don’t = 2nd deg misdemeanor.