Florida/Georgia Personal Injury & Workers Compensation

...review and to reverse Rhodes’ condemnation decision. (Notably, § 162 of the Florida statutes does not appear to contemplate that a city code enforcement officer like Rhodes may be vested with the unilateral power to condemn a building. See Fla. Stat. § 162.06(4).) But the dissent’s competing view is well-taken, and it might well be true that the Board lacks the power to review Rhodes’ unilateral condemnation order under § 162.08....

...Chapter 162, Florida Statutes (2000), establishes the procedures that code enforcement boards must follow to enforce local building codes and ordinances. Pursuant to that chapter, a code inspector who discovers a violation must notify the violator and give him or her a reasonable time to correct the violation. *145 § 162.06(2), Fla....

...We disagree and find this argument to be belied by the expressed provisions of Chapter 162 for two reasons. First of all, contrary to Verdi's argument, we find that the County's authority under Part I of Chapter 162 is not limited solely to compelling pending or repeat violators *873 to comply with the Code. In section 162.06(4), the legislature clearly recognizes that certain code violations may be irreparable or uncorrectable and has thus conferred authority upon the County's enforcement mechanism to address these matters as well....

...We are "compelled by well-established norms of statutory construction to choose that interpretation of statutes and rules which renders their provisions meaningful." Johnson v. Feder, 485 So.2d 409, 411 (Fla.1986); see also, e.g., Wilensky v. Fields, 267 So.2d 1 (Fla.1972). Under Johnson, we simply may not presume that section 162.06(4) employs useless language....

...or compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector. In addition, if the violation is a violation described in s. 162.06(4), the enforcement board shall notify the local governing body, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section....

land-leasing regulations. See 25 C.F.R. § 162.006(b) (noting that this part of the regulations does

...Enforcement is initiated by a code inspector who notifies the violator and gives him a reasonable time to correct the violation, and if the violation continues beyond the time specified for correction the code inspector must notify the board and request a hearing. Section 162.06....

when deemed necessary or appropriate, 19 C.F.R. § 162.6 (1980), and that even if the search were proper

...place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. When a code violation is discovered, the violator must receive a notice of a hearing under section 162.12. See § 162.06, Fla....

...By applying 162.21(3)(c)(3) to a notice of violation in an administrative enforcement proceeding, the circuit court created an additional non-required pleading and proof requirement for the County. The appropriate procedure for this Part I administrative enforcement proceeding is found in section 162.06(2). Section 162.06(2) provides that, "if a violation of the codes is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation." In this Part I proceeding, the notice of violation need only state the date the inspector found the violation....

...Orlando Utils. Comm’n, 981 So.2d 521, 522 (Fla. 5th DCA 2008). The party moving for summary judgment has the burden of proving the absence of any genuine issue of material fact and that the movant is entitled to judgment as a matter of law. Id. Pursuant to section 162.06, Florida Statutes (2003), the City was required to provide Ciolli with written notice of the Code Enforcement Board hearing by hand-delivery or mail as provided in section 162.12....

as provided in that chapter.2 QUESTION ONE Section 162.06, F.S., authorizes the code inspector for a

Kimberly A. Register Attorney for the City of Lake Worth Code Enforcement Board QUESTION: May a member of the code enforcement board report alleged code violations to the code inspector, in light of s. 162.06 (1), F.S.? SUMMARY: There is no statutory prohibition against a code enforcement board member, acting in his or her private capacity, notifying the code inspector of an alleged violation, though such board member has no authority to make such a notification in his or her official capacity pursuant to Ch. 162 , F.S. Section 162.06 , F.S., prescribes the procedure to be used by counties or municipalities in enforcing their respective ordinances and technical codes. Specifically, s. 162.06 (1), F.S., provides: It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings. Pursuant to s. 162.06 (2), F.S., if a code violation is found, the code inspector shall notify the violator and give him or her reasonable time to correct the violation....

described in chapter 162." 8 Section 162.06(1), Fla. Stat. 9 Section 162.06(2), Fla. Stat. Subsection (3)

Dear Mr. Brady: On behalf of the City of Lauderdale Lakes, you ask substantially the following question: May a city cite and prosecute an individual for a repeat code violation under section 162.06 (3), Florida Statutes, when there is a prior adjudication of the same violation that has not been resolved or for which the violator has failed to comply? In sum: A city may not cite and prosecute an individual for a repeat code violat...

...to comply. Once a municipality has created a code enforcement board pursuant to the provisions of Part I, Chapter 162 , Florida Statutes, it must utilize the enforcement mechanism and procedures set forth in the act to the exclusion of any others. 1 Section 162.06 , Florida Statutes, provides the enforcement procedures for the various codes of county or municipal governments....

...If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state." Pursuant to section 162.06 (3), Florida Statutes: "If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation....

...separate violation must be found in order to initiate a citation for a "repeat violation" under section 162.09 , Florida Statutes. 7 Accordingly, it is my opinion that a city may not cite and prosecute an individual for a repeat code violation under section 162.06 (3), Florida Statutes, when there is a prior adjudication of the same violation that has not been resolved or for which the violator has failed to comply....

...Constitution. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 238 So.2d 401 , 407 (Fla. 1970). 2 State ex rel. Holloway v. Sheats, 83 So. 508, 509 (1919). 3 See, Op. Att'y Gen. Fla. 72-348 (1972). 4 Section 162.13 , Fla. Stat. (1993). 5 Section 162.06 , Fla. Stat. (1993). 6 Sections 162.06 - 162.08 , Fla....

Gen. Fla. 86-10 (1986) and 86-76 (1986). 3 Section 162.06(2), Fla. Stat. (1996 Supp.). Subsection (3)

...And see, s. 1, Art. V, State Const., which provides that `[c]ommissions established by law, or administrative officers or bodies may be granted quasi-judicial power in matters connected with the functions of their offices.' 2 See AGO's 85-33 and 84-55. 3 Section 162.06 (2), F.S....

(1985), and 84-55 (1984). 7 Section 162.06(2), Fla. Stat. 8 Section 162.06(5), Fla. Stat. 9 Section 162

...r failure to pay prosecution costs. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 See, s. 162.01 , Fla. Stat. (1993). 2 Section 162.02 , Fla. Stat. (1993). 3 See, e.g., Ops. Att'y Gen. Fla. 93-2 (1993), 91-29 (1991) and 89-83 (1989). 4 Section 162.06 (1), Fla. Stat. (1993). 5 Section 162.06 (2), Fla. Stat. (1994 Supp.). Exceptions exist when it is a repeat violation, see, s. 162.06 (3), Fla. Stat. (1994 Supp.), or if the violation, or condition causing the violation, presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in nature, see, s. 162.06 (4), Fla....

...And the code enforcement lien’s face did not state it was against the individual units or those units’ proportional shares of the common elements. Nor does the record indicate the individual unit owners had been provided any notice of the proceedings to impose the lien. See § 162.06, Fla....

...enforcement officer may make arrests and carry firearms; however, he exercises such powers as a municipal police officer and not as a code enforcement officer. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 162.13 , Fla. Stat. 2 Section 162.06 , Fla. Stat. (1996 Supp.). 3 Sections 162.06 - 162.08 , Fla....

an enforcement board and request a hearing." Section 162.06(2), F.S. (1986 Supp.). "If the violation is

Fla. Stat. 2 Section 162.13, Fla. Stat. 3 Section 162.06, Fla. Stat. 4 Sections 162.06-162.08, Fla.

...QUESTION ONE Your first question raises the issue of whether the Code Enforcement Board may at the time it enters its initial order finding a code violation and requiring compliance by a certain date also set the fine or whether the board must wait until the next regular scheduled meeting to assess a fine. Section 162.06 , F.S., as amended by s....

...s provided by this chapter to said violator. If the violation is corrected and then recurs, the case shall be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state. Cf., s. 162.06 (3), F.S., as amended, which provides that if the code inspector has reason to believe a violation presents a serious threat to the public health, safety, and welfare, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing....

regulations. See 25 C.F.R. § 162.006(b) (noting that this part of the regulations

..., expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist." 2 The procedure for enforcement of local codes is set forth in section 162.06 , Florida Statutes....

...e question of whether the city may enter the property to correct the violation without a warrant remains. In addition to the imposition of administrative fines for a code violation, the act recognizes that if a violation is one which is described in section 162.06 (4), Florida Statutes, the enforcement board must notify the local governing body "which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section." 3 Section 162.06 (4), Florida Statutes, states: "If the code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or ir...

Fla. Stat. 2 Section 162.04(2), Fla. Stat. 3 Section 162.06(1), Fla. Stat. 4 Id. 5 Mapp v. Ohio, 367 U

continues beyond the time specified for correction. Section 162.06(2). The enforcement board has the power to

power to initiate such enforcement proceedings. Section 162.06(1), F.S. Such assurance of code compliance