Community Enhancement Process

The following is a general description of processes and documents involved in the enforcement of various codes and ordinances. This process is in accordance with Chapter 162 of Florida Statutes and Section 24-234 of the City Code of Ordinances. The following does not describe alternative methods and procedures that may be used in enforcement of various codes and ordinances.

Verbal Warning/Courtesy Notice
Depending on the severity of a violation, the code enforcement process could begin with a conversation with an owner or tenant regarding the violation, method of correction, and a time to come into compliance. A Courtesy Notice may also be left with the owner or tenant or posted on the property. If the violation is corrected, no further action is required.

Notice of Violation
A Notice of Violation (NOV) is a formal letter, sent both via certified mail, 1st class mail and may, in addition, be posted on the subject property, specifying alleged violations, method of correction and a period of time to come into compliance. The NOV may be the 1st step in the code enforcement process or follow verbal warnings or Courtesy Notices if the alleged violation is not corrected.

Notice of Violation Hearing
A Notice of Violation Hearing is a formal letter, sent both via certified mail, 1st class mail and posted on the subject property, specifying a hearing date before the Code Enforcement Board or Special Magistrate for action on the alleged violations.

Violation Hearing
A hearing before the Code Enforcement Board (Board) or Special Magistrate to determine if, in fact, a violation(s) on a particular property exists, a period of time to come into compliance and a potential daily fine for continued non- compliance beyond the compliance date given. Both the City and the alleged violator present their case and call and/or cross examine witnesses. All testimony is taken under oath. Formal rules of evidence due not apply, but fundamental due process shall be observed. The Board/Magistrate will make a finding of fact as to notification and due process, a conclusion of law as to the violation(s) and issue an order specifying a compliance date and a potential daily fine for continued non-compliance beyond the compliance date given. The finding or order is later reduced to writing (Order of Enforcement), signed by the Chairperson or Magistrate and sent to via certified and regular mail to the violator.

Order of Enforcement
A written order of the Code Enforcement Board or Special Magistrate, resulting from a violation hearing, containing a finding of fact as to notification and due process, a conclusion of law as to the violation(s) and an order specifying a compliance date and a potential daily fine for continued non-compliance beyond the compliance date given.

Notice of Certification of Fine Hearing
A formal notice, sent both via certified mail, 1st class mail and posted on the subject property, specifying a hearing date before the Code Enforcement Board or Special Magistrate to answer and defend allegations that the violator did not comply with the Board's/Magistrate's Order of Enforcement.

Certification of Fine Hearing
A hearing before the Code Enforcement Board (Board) or Special Magistrate to determine if, in fact, violator did not comply with the Board's/Magistrate's Order of Enforcement. The City will summarize the case and the violator is given the opportunity to defend allegations that the he/she did not comply with the Board's/Magistrate's Order of Enforcement and testify as to any mitigating circumstances for non-compliance with the Board's/Magistrate's previous order (Order of Enforcement). All testimony is taken under oath. Formal rules of evidence do not apply, but fundamental due process shall be observed.

At this time the Board/Magistrate may issue an Order Imposing Penalty/Lien, ordering the payment of a fine up to the amount specified in the Order of Enforcement, for that period of time the property remained in non-compliance beyond the compliance date specified in the order of Enforcement, or which may continue to accrue until the property is brought into compliance. The order is later reduced to writing (Order Imposing Penalty/Lien) signed by the Chairperson or Magistrate and sent to via certified and regular mail to the violator. The Order Imposing the Penalty/Lien can be recorded and shall constitute a lien for all accrued fines against the property or any other real or personal property that the violator owns in Broward County.

Order Imposing Penalty/Lien
A written order of the Code Enforcement Board or Special Magistrate, resulting from a Certification of Fine hearing, ordering the payment of a fine up to the amount specified in the Order of Enforcement, for that period of time the property remained in non-compliance beyond the compliance date specified in the order of Enforcement, or which may continue to accrue until the property is brought into compliance. The Order Imposing Penalty/Lien is signed by the Chairperson or Magistrate and sent via certified and regular mail to the violator and can be recorded and shall constitute a lien for all accrued fines against the property or any other real or personal property that the violator owns in Broward County.