§ 2-117. Contents and service of notices; disclosure requirements upon transfer of property.

(a)

A notice shall be in writing and include the following:

(1)

Date and time of issuance;

(2)

Name of the code compliance officer issuing the notice;

(3)

Name and address of the violator;

(4)

The section of the Code that has been violated;

(5)

Brief description of the nature of the violation, including location, date and time of violation;

(6)

The maximum fine per day for which the violator may be liable;

(7)

If applicable, the time within which the violation must be corrected, not to exceed 30 days;

(8)

A statement that each day of continued violation after the time period for correction has run shall be deemed a continuing violation subject to an additional fine per day without the need for additional notices;

(9)

A statement that the violator may be liable for the reasonable administrative hearing costs should there be a finding of guilt; and

(10)

A statement that, if the violation is corrected and then re-occurs or if the violation is not corrected by the time specified in the notice, the violation may be presented to the hearing officer even if the violation has been corrected prior to the hearing.

(b)

Service of the notice to the violator shall be effected either by:

(1)

Certified mail, return receipt requested, provided that if such notice is sent under this subsection to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the village by such owner, and is returned as unclaimed or refused, notice may be provided by posting as described in subsection (c) of this section and by first class mail directed to the addresses furnished to the village with a properly executed proof of mailing or affidavit confirming the first class mailing;

(2)

Hand delivery by the sheriff or other law enforcement officer, code compliance officer or other person designated by the village;

(3)

Leaving the notice at 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; or

(4)

In the case of commercial premises, leaving the notice with the manager or other person in charge.

(c)

In addition to providing notice as set forth in subsection (b) of this section, at the option and discretion of the manager, notice may also be served by publication or posting as follows:

(1)

The notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper available to the public generally in the county, as specified in F.S. ch. 50.

(2)

Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051.

(3)

In lieu of publication as described in subsection (c)(1) of this section, such notice may be posted at least ten days prior to the hearing or prior to the expiration of any deadline contained in the notice in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at the village hall.

(4)

Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting.

(d)

Evidence that an attempt has been made to hand deliver or mail the notice as provided herein, together with proof of publication or posting, shall be sufficient to show that the requirements of this section have been met, without regard to whether or not the violator actually received such notice.

(e)

If the owner of property which is subject to an enforcement proceeding before the hearing officer or court transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall:

(1)

Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee.

(2)

Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code compliance proceeding received by the transferor.

(3)

Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code compliance proceeding.

(4)

File a notice with the code compliance official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five days after the date of the transfer.

Failure to make the disclosures described in this subsection before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held.

(Ord. No. 01-06, § 1, 5-10-2001)