CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1998 WL 193137
...The City concedes that the orders at issue were sent by regular mail. In reaching its conclusion that certified mail delivery was required, the trial court determined that code enforcement board orders contained "notices" which require compliance with section 162.12, Florida Statutes (1995). The question, however, is not what the order may contain, but rather what is a "required notice." If a notice is "required," section 162.12 governs its delivery: 162.12 Notices. (1) All notices required by this part shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designate...
...the violator's usual 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....
...t conducted a hearing, after notice, and a copy of the order was provided to the violator, albeit by regular mail. Because there is no statutory requirement that a copy of the order be provided to the violator, it cannot be a "required notice" under section 162.12....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2000 WL 287663
...In June 1998, the City instituted this lien foreclosure action. The City moved for summary judgment, which the trial court granted, and a judicial sale was ordered. The Littles then brought this appeal. The Littles contend the City did not comply with the statutory procedures set out in section 162.12, Florida Statutes (1997). These procedures are as follows: 162.12....
...306, 314,
70 S.Ct. 652,
94 L.Ed. 865 (1950)). [3] See also City of Tampa v. Braxton,
616 So.2d 554 (Fla. 2d DCA 1993) (statutes in derogation of common law are to be strictly construed). The City argues that it complied with the notice requirements outlined in section
162.12(1) by mailing the notice of violation to the post office box number it had on file and to the Littles' current residence address, return receipt requested, even though both these *20 notices were returned, the first for having the wrong box number and the second as unsigned and unclaimed....
...The City's argument that it fulfilled all the requirements of the statute does not persuade us because either alternative would have sufficed, but the City failed to do either. The question here is not whether the owners actually received notice, which is not demanded by section 162.12, nor always required by law, see Evans v....
...We hold that where the City had actual knowledge of the correct mailing address, here, the corrected post office box number or the correct residence address, and failed to provide the notice of hearing to either correct address, it failed to comply with the due process requirements of section 162.12....
...As a consequence of the City's failure to do either, the Littles were denied the due process contemplated by Mullane, reasonable under these circumstances. As a fallback argument, the City argues that the posting of the notices on the property and at City Hall, as outlined in section 162.12(2)(b)1, and thus the Littles' actual receipt of the first notice of violation that they found on their property, were sufficient to accord them due process....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 5418, 2011 WL 1431515
...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....
...violation exists. ...” .The record does not reflect the address at which Ciolli was served with a copy of the original complaint. However, early in the *297 case, the City served a motion for default to Ciolli at an address in Elmont, New York. . Section 162.12 states in relevant part: (1) All notices required by this part shall be provided to the alleged violator by: (a) Certified mail, return receipt requested, provided if such notice is sent under this paragraph to the owner of the propert...
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
procedure described in this chapter. QUESTION THREE Section
162.12, F.S., states that: All notices required
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
depending upon the identity of the violator. Section
162.12(1)(a), Florida Statutes, authorizes notice
CopyPublished | Florida 4th District Court of Appeal
...Beach; Samantha Schosberg Feuer, Judge; L.T. Case No.
502019CA002360.
James D. Ryan and Lauren J. Schindler of Ryan Law Group, PLLC,
North Palm Beach, for appellant.
Anthony M. Stella of City of West Palm Beach, for appellee.
PER CURIAM.
Affirmed. See § 162.12(1)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1996 WL 667872
...Where a statutory lien is given on compliance with stated requirements, absent language stating otherwise, a lien is not acquired unless the applicable notice requirements are strictly complied with. Stresscon v. Madiedo,
581 So.2d 158, 159-60 (Fla.1991). Section
162.12(1), Florida Statutes (1989), which authorizes the lien in this case, requires that the alleged violator be sent notice by certified mail, by hand delivery, or by leaving the notice at the violator's place of residence....
CopyPublished | Florida 4th District Court of Appeal
...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. Stat. (2022) (requiring notice of a code enforcement
procedure be given to a violator); §
162.12, Fla....
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
...MAY PROPER SERVICE OF NOTICE OF A HEARING OF THE CODE ENFORCEMENT BOARD BE OBTAINED BY POSTING THE PROPERTY WHERE THE VIOLATION OCCURS AND BY POSTING SAID NOTICE IN A CONSPICUOUS PLACE IN CITY HALL AT LEAST FIVE (5) WORKING DAYS PRIOR TO THE DATE OF THE HEARING IF THE METHODS OF SERVICE SET FORTH IN s. 162.12 , F.S....
...Sea Isle Hotel,
56 So.2d 341 (Fla. 1952); Alsop v. Pierce,
19 So.2d 799 (Fla. 1944). Therefore, that opinion concluded that a code enforcement board was not authorized to use a method of delivering notice other than that prescribed in Ch. 162 , F.S. Section
162.12 , F.S., pertaining to notices, was amended by s....
...The rationale and rule of statutory construction applied in AGO 85-84, however, would continue to be applicable in responding to your inquiry. Since posting notice on the property is not among these specifically enumerated methods of service of process, such method is not authorized by s. 162.12 , F.S., as amended....
