§ 18-202. Conduct of hearing.

(a)

Generally. All hearings and proceedings shall be open to the public. The town manager shall provide clerical and administrative support as may be reasonably required for the proper performance of the code enforcement board or special magistrate's duties. Each case before the code enforcement board or special magistrate shall be presented by the town attorney or by a member of the town staff. Minutes shall be kept of all hearings.

(b)

Testimony; rules of evidence. The code enforcement board or special magistrate may take testimony from the code enforcement officer and alleged violator and any other witnesses, if available. All testimony shall be under oath and shall be recorded. In accordance with F.S. § 286.0105, if a person decides to appeal any decision made by the code enforcement board or special magistrate, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Any relevant evidence shall be admitted if it is competent and reliable. Each party shall have the right to call and examine witnesses; to introduce exhibits; and to cross-examine opposing witnesses.

(c)

Administrative costs. If the town prevails in prosecuting a case before the code enforcement board or special magistrate, it shall be entitled to recover all costs incurred in prosecuting the case and such costs, if not timely paid, may be included in the town's lien. If the violator is found in violation under this section and costs are assessed, but a fine is not imposed, a code enforcement lien may be recorded against the property owned by the violator for the amount of the unpaid costs.

(d)

Findings of fact; order for compliance.

(1)

At the conclusion of the hearing, the code enforcement board or special magistrate 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 powers granted herein. If the code enforcement board issues a final order, the finding shall be made by motion approved by a majority of those present and voting. The order may include a notice that it must be complied with by a specified date and that if the order is not complied with by said date, the following may be imposed: a daily accruing fine and the assessment of the costs of repair (as set forth in section 18-304), if any. The order may also include the administrative costs of the hearing and these costs may be included in the total amount of the fine. A certified copy of the order may be recorded in the public records of Martin County, and shall constitute notice to any subsequent purchasers, successors-in-interest, or assigns, if the violation concerns real property, and the findings thereon shall be binding upon the violator, and, if the violation concerns real property, any subsequent purchaser, successor-in-interest or assigns. If an order is recorded in the public records in accordance with this division, and the order is complied with by the date specified in the order, the code enforcement board or special magistrate shall issue an order acknowledging compliance and that order shall be recorded in the public records. A hearing is not required to issue the order acknowledging compliance.

(2)

Further, if a violation is found, the violator shall be given a time period equal to the time set for compliance within which to deliver to the town a request for hearing to challenge the fine to be imposed under the order. Such a request does not continue, extend or postpone the time set for compliance. If such a hearing is not timely requested and if the violation is not corrected by the time established in the order and/or all administrative costs are not timely paid, the town may record a certified copy of the order in the public records of Martin County and thereafter the order shall constitute a lien under F.S. § 162.09. The request for hearing shall be requested in writing and shall be received by the town manager on or before the set time period expires. If the request is timely received, the town manager shall schedule a hearing before the code enforcement board or the special magistrate. The town shall send a notice of hearing to the violator in accordance with section 18-207. Said hearing shall be limited to a consideration of only those new findings necessary to impose a fine. The violator shall bear the burden of proof at such hearing to show cause why the fine imposed in the order is not appropriate. At this hearing, any order entered by the code enforcement board or special magistrate which imposes a fine and/or administrative costs may be recorded in the public records of Martin County and thereafter such order shall constitute a lien under F.S. § 162.09.

(Ord. No. 386, § 4, 1-28-2014)