§ 2-507. Hearing procedures.

(a)

Cases agendaed for a particular day shall be heard. All testimony shall be under oath and shall be recorded. The special magistrate shall take testimony from the code inspector and the alleged violator, and may take testimony from any other person familiar with the case or having knowledge about the case. The special magistrate shall not be bound by formal rules of evidence; however, he or she shall act to ensure fundamental due process in each of its cases.

(b)

At the conclusion of each hearing, the special magistrate shall issue findings of fact, based on evidence of record and conclusions of law, and his or her order shall provide relief consistent with F.S. ch. 162. Each finding shall be by motion approved by a majority of those members present and voting. In order for an action to be official, at least four members of the board must vote for the action. The order may include a notice that it must be complied with by a specified date, and that a fine may be imposed if the order is not complied with by that date.

(c)

A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the special magistrate shall issue an order acknowledging compliance which shall be recorded in the public records. No hearing is required therefor.

(d)

No special magistrate shall have authority to compromise, or reduce the amount owed incident to a recorded effecting a lien. Jurisdiction regarding compromise or reduction of such a lien vests with the city commission.

(Ord. No. 845, § 7, 11-28-95; Ord. No. 1021, 4-13-09; Ord. No. 1062-2014 , § 9, 5-13-14)