CopyCited 310 times | Published | Court of Appeals for the Eleventh Circuit | 53 A.F.T.R.2d (RIA) 579, 1984 U.S. App. LEXIS 26624
taxpayer was entitled to deductions under Section 162. 7 See Treas.Reg. § 1.183-2(a)
CopyCited 15 times | Published | Florida 4th District Court of Appeal
438 (1854); 4 Fla. Jur.2d, Attorneys at Law, § 162; 7 Am.Jur.2d, Attorneys at Law, § 332. The attorney
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 2003 WL 255453
...If the violation is not timely corrected, the code inspector must notify the code enforcement board. Id. After notice to the property owner, the board must hold a hearing during which it must take testimony under oath from the code inspector and the alleged violator and must make findings and issue an order. § 162.07(3), (4), Fla. Stat. (2000). The order "may include a notice that it must be complied with by a specified date and that a fine may be imposed." § 162.07(4)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1988 WL 139520
...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. Under the procedures set forth in section
162.07, the board must issue findings of fact, conclusions of law and an order affording the proper relief consistent with the statute....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1998 WL 193137
...iens on a parcel of real property to be void ab initio because the City failed to send its orders to the property owner by certified mail. We reverse. The sole issue in this case is whether a code enforcement board order entered pursuant to sections
162.07 and
162.09, Florida Statutes (1995), must be provided to the property owner by certified mail....
...e 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. Stat. (1995). If the court finds a code violation at the hearing, it enters an order pursuant to section
162.07....
...This order may include a deadline for compliance and notice that a fine may be imposed for failure to comply. See §
162.09, Fla. Stat. (1995). The statute does not require that a copy of this order be provided to the violator. If the violator fails to comply with the section
162.07 order, a second order may be entered under section
162.09 imposing a continuing fine....
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
85-33 and 84-55. 3 Section
162.06(2), F.S. 4 Section
162.07(4), F.S.
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
...d from alerting the code inspector to a potential violation of the local codes or ordinances. The code inspector then determines whether a code violation has occurred and, if so, initiates code enforcement proceedings against the alleged violator. 1 Section 162.07 (1), F.S., provides that a hearing may also be called by written notice signed by at least three members of a seven-member enforcement board or signed by at least two members of a five-member enforcement board. 2 Section 162.07 (3), F.S. 3 Section 162.07 (4), F.S....
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
code enforcement board and request a hearing.9 Section
162.07, Florida Statutes, prescribes the procedures
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
code enforcement board and request a hearing.3 Section
162.07, Florida Statutes, prescribes the procedures
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
...rder the violator to pay a fine not to exceed $250 for each day the violation continues past the date set for compliance or for each time the violation has been repeated, and a hearing shall not be necessary for issuance of the order. Thus, reading ss.
162.07 and
162.09 , F.S., 6 together, an enforcement board may enter an initial order providing that, upon a subsequent finding that a violation had been repeated by the same violator, a fine would be imposed for each day the violation continues or for each time the violation is repeated....
...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. 4 Section
162.07 (4), F.S....
CopyPublished | Florida 3rd District Court of Appeal
...status as an enforcement board.” Id. The code enforcement board is
required to “issue findings of fact, based on evidence of record and
conclusions of law, and . . . issue an order affording the proper relief” at the
conclusion of any code enforcement hearing. § 162.07(4), Fla....
...issue an order affording the proper relief” at the
conclusion of the hearing. Monroe County, Fla., Code §8-29(c).
Applying this framework, while neither the Act nor the Code mandates
any specific amount of detail, the magistrate was required to make basic
findings supported by evidence. See id.; § 162.07(4), Fla....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
code compliance." 7 Section
489.127(3), F.S. 8 Section
162.07, F.S., prescribes the procedure for conducting
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
...ablished by the board? In sum: 1. A code enforcement board is authorized to impose costs against a violator who is found to have committed a code violation even though he corrects the violation within the time given by the code enforcement board. 2. Section 162.07 (2), Florida Statutes, authorizes the imposition of those costs that are determined from the evidence presented to have been incurred by the local governing body in prosecuting the case before the board....
...4 If a violation of the codes is found, the code inspector shall notify the violator and give him a reasonable time to correct the violation. 5 If the violation is not corrected within the time set by the code inspector, the matter may be brought before the code enforcement board for a hearing. Section 162.07 , Florida Statutes, provides for the conduct of the hearing by the code enforcement board. As amended by the 1994 Legislature, section 162.07 (2) provides: Each case before an enforcement board shall be presented by the local governing body attorney or by a member of the administrative staff of the local governing body....
...xists and upon any other real or personal property owned by the violator. 8 If a finding of a violation or a repeat violation has been made as provided in Part I of Chapter 162, a hearing is not necessary for issuance of the order imposing the fine. Section 162.07 (2), Florida Statutes, as amended, clearly provides that if the governing body prevails in a case before the code enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board....
...procedures provided in Chapter 162 , Florida Statutes, must accept the prescribed procedures set forth in the act; it has no delegated authority from the Legislature to alter or regulate the statutorily prescribed enforcement procedures in any way. Section 162.07 (2), Florida Statutes, in providing that the local governing body prevailing in the prosecution of a case before the code enforcement board is entitled to recover its costs incurred in prosecution, authorizes the recovery of the actual costs of the local governing body in prosecuting that case....
...The adoption of a schedule of costs, whether by the code enforcement board or the local governing body, would appear to be an arbitrary setting of fees that would not accurately reflect the actual costs incurred in the prosecution of a specific case. Accordingly, I am of the opinion that section 162.07 (2), Florida Statutes, authorizes the imposition of those costs that are determined from the evidence presented to have been incurred by the local governing body in prosecuting the specific case before the board....
...(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. Stat. (1994 Supp.). 6 Section 3, Ch. 94-291, Laws of Florida. 7 Section
162.07 (4), Fla....
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
following questions: 1. Do the provisions of section
162.07(2), Florida Statutes, which permit the recovery
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
...Thus, the statute provides that, in most instances, proper notice shall be given to the code violator, allowing him the opportunity to correct the violation; if the violation is not corrected within the specified time, the matter is then brought before the code enforcement board for a hearing. Section 162.07 , F.S., as amended by s. 6, Ch. 86-201, Laws of Florida, sets forth the conduct of the hearing. See, e.g., s. 162.07 (3), which, among other things, provides: "All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings." Subsection (4) of s. 162.07 goes on to provide: At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein....
...ate set for compliance or for each time the violation has been repeated, and a hearing shall not be necessary for issuance of the order." (Emphasis supplied reflects amended portion of statute). See, s. 8, Ch. 86-201, Laws of Florida. And see, s. 6, 162.07 (4), F.S., as amended by s....
