§ 14.24. Notice to Remove and Appeal Process.  


Latest version.
  • (A)

    If the code official, or his or her designee, finds and determines that a public nuisance as described and declared in Sections 14.22 and 14.23 herein exists, he or she shall so notify the record owner of the offending property and demand that such owner cause the condition to be remedied. The notice shall be given by both physical posting on the property in the name of the property owner and by certified mail or personal delivery to the owner or owners as their names and addresses are shown upon the records of the Orange County Property Appraiser or Tax Assessor. Notice shall be deemed complete and sufficient when so physically posted and personally delivered or mailed.

    (B)

    The notice required by subsection (A) shall contain the following:

    1.

    Name(s) and address(es) of the owner(s) of the property according to the public records of Orange County, Florida.

    2.

    Location of the property on which the violation exists.

    3.

    A statement by the enforcement officer that the property has been inspected pursuant to this Chapter and that a violation of Sections 14.22 and 14.23 has been determined to exist on the property, which violation constitutes a public nuisance.

    4.

    A description of the condition that causes the property to be in violation.

    5.

    A requirement that the record owner of the property remedy the violation within fifteen (15) days from the date of the notice, failing which the City will remedy the condition and assess against the record owner the costs thereof plus an administrative charge.

    6.

    A statement that, if the costs and administrative charge are not paid within thirty (30) days of invoice date, a lien will be placed on the property, which is enforceable by foreclosure on the property.

    7.

    A schedule of the charges, which may be assessed against the record owner if the City has to remedy the violation.

    8.

    An estimate of the total cost, based on the schedule of charges, if the violation is remedied by the City. Such estimate is not to be interpreted or construed as the final cost that may be assessed, but only as a good-faith approximation of such cost. The final assessable cost may be greater or lesser than the estimate.

    9.

    A statement that the record owner of the property may, within (15) days from the date of the notice, submit a written appeal from the determination of a public nuisance, which must contain all reasons, evidence and argument that the cited condition does not constitute a violation.

    (C)

    Within fifteen (15) days from the date of the notice, the owner of the property may appeal the determination of nuisance by submitting a written appeal to show that the condition does not constitute a public nuisance. Such appeal shall be addressed to the Recording Secretary for the Code Enforcement Board and shall state the name of the property owner, the location of the cited property, and the specific grounds upon which the owner relies in order to show that the cited condition does not constitute a public nuisance.

(Ord. No. 2018-33, § 2, 8-6-2018, eff. 1-1-2019, Doc. #1808061204)