§ 37.20. Citations; notices to appear; penalties.

(a)

A Code Compliance Officer is authorized to issue a citation or notice to appear to a person when, based upon personal investigation, the Code Compliance Officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the St. Lucie County Court will hear the charge at a specified date and time. A notice to appear means a written order issued by a Code Compliance Officer in lieu of physical arrest.

(b)

Prior to issuing a citation or notice to appear, a Code Compliance Officer or other regulatory agencies as may be appropriate shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a Code Compliance Officer finds that the person has not corrected the violation within the time period, a Code Compliance Officer may issue a citation or notice to appear to the person who has committed the violation. If a repeat violation is found or if the Code Compliance 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, or that the violator is engaged in violation of an itinerant or transient nature within the jurisdiction while moving from place to place, a Code Compliance Officer does not have to provide the person with a reasonable time period to correct the violation and may immediately issue a citation or notice to appear.

(c)

A citation or notice to appear issued by a Code Compliance Officer shall be in a form prescribed by the City Council and shall contain:

(1)

The date and time of issuance.

(2)

The name and address of the person to whom the citation or notice to appear is issued.

(3)

The date and time the civil infraction was committed.

(4)

The facts constituting reasonable cause.

(5)

The number or section of the code or ordinance violated.

(6)

The name and authority of the code compliance specialist Code Compliance Officer.

(7)

The procedure for the person to follow in order to pay the civil penalty or to contest the citation.

(8)

The applicable civil penalty if the person elects to contest the citation.

(9)

The applicable civil penalty if the person elects not to contest the citation.

(10)

A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty.

(d)

After issuing a citation or notice to appear to an alleged violator, a Code Compliance Officer shall deposit the original citation or notice to appear and one copy of the citation or notice to appear with the St. Lucie County Court.

(e)

Any person who is issued a citation by a Code Compliance Officer may contest the citation by appearing in the St. Lucie County Court at the date and time specified in the citation and advising the court that they wish to contest the citation and request a hearing on the matter. A hearing shall then take place at a time set by the court to provide the city and the person, to whom the citation was issued, an opportunity to present evidence concerning the violation to the court.

(f)

Penalties. A violation of a code or an ordinance enforced pursuant to such section is a civil infraction. The maximum civil penalty shall not exceed $500.00. If the person who has committed the civil infraction does not contest the citation, the civil penalty shall be less than the maximum ($500.00).

(g)

The civil penalty provided for the disposition of a citation issued pursuant to this chapter shall be as follows:

Number of Violations Within Any 12-Month Period	Amount of Fine If Not Contested	Amount of Fine If Contested
First Offense	$100.00	$200.00
Second Offense	300.00	400.00
Third Offense	450.00	500.00

 

(h)

Any person who willfully refuses to sign and accept a citation or notice to appear issued by a Code Compliance Officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.083. If a person issued a notice to appear under this section refuses to sign such notice, the Code Compliance Officer has no authority to arrest such person.

(i)

The provisions of this section shall not apply to the enforcement pursuant to Sections 553.79 and 553.80, Florida Statutes, of building codes adopted pursuant to Section 553.73, Florida Statutes, as they apply to construction, provided that a building permit is either not required or has been issued by the city. For purposes of this chapter, building codes means only those codes adopted pursuant to Section 553.73, Florida Statutes.

(j)

The provisions of this section are an additional and supplemental means of enforcing a code or ordinance. Nothing contained in this section shall prohibit the special magistrate from enforcing a code or ordinance by any other means.

(Ord. No. 01-33, § 3, passed 6-25-01; Ord. No. 04-61, § 1, passed 5-10-04; Ord. No. 08-57, § 1, passed 6-9-08; Ord. No. 10-25, § 1, passed 5-24-10; Ord. No. 13-17, § 1, 4-8-13; Ord. No. 16-09, § 1, 3-14-16; Ord. No. 17-66, § 10, 9-25-17)