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 Orlando
 Code of Ordinances
 Chapter 5. CODE ENFORCEMENT
 Article I. CODE ENFORCEMENT BOARD

  § 5.05. Conduct of Hearing.  

Latest version.

  • (1)

    Upon request of the Code Officer, or at such other times as may be necessary, the Chairman of the Code Enforcement Board may call a hearing. Hearings may also be called by written notice signed by at least three (3) members of the Code Enforcement Board. Minutes shall be kept of all hearings by the Code Enforcement Board and all hearings and proceedings shall be open to the public. The Code Enforcement Division shall provide clerical and administrative personnel as may be reasonably required by the Code Enforcement Board for the proper performance of its duties.

    (2)

    Upon scheduling of a hearing, the Board shall cause notice thereof to be furnished to the alleged violator by certified mail, return receipt requested, by personal service, or by publication. Said notice of hearing shall contain the name of the violator, date, time and place of the hearing and shall state the nature of the violation and reference to the appropriate code or ordinance. In cases involving condemnation, the notice of hearing shall be served in accordance with section 5.04(7)(b)(1).

    (3)

    At the hearing, the burden of proof shall be upon the Code Officer to show, by a preponderance of the evidence, that a violation does exist.

    (4)

    Upon receipt of evidence that proper notice of the hearing has been provided to the alleged violator and/or tenant as provided in subsection (2) above, or provided to the owner and occupant(s) of a condemned building as provided in section 5.04(7)(b)(1), a hearing shall proceed in the absence of the alleged violator, tenant(s), or occupant(s), as the case may be.

    (5)

    All testimony shall be under oath and shall be recorded. The Board shall take testimony from the Code Officer and alleged violator and from such other witnesses as may be called by the respective sides.

    (6)

    Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern the proceedings.

    (7)

    Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the State of Florida.

    (8)

    Any member of the Board, or an attorney appointed to represent the Board, may inquire of any witness before the Board. The alleged violator, or his attorney, and the attorney representing the Code Officer shall be permitted to inquire of any witness before the Board and shall be permitted to present brief opening and closing statements.

    (9)

    At the conclusion of the hearing, the Code Enforcement Board shall issue findings of fact, based on evidence in the record, and conclusions of law and shall issue an order affording the proper relief consistent with the powers granted by Florida Statute and by this Chapter. The order shall be stated orally at the meeting and shall be reduced to writing and mailed to the alleged violator within ten (10) days after the hearing. The finding(s) shall be by motion approved by a majority of those present and voting; provided, however, that at least four (4) members of the Board must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date, that a fine may be imposed, and that the cost of repairs may be included in addition to the fine if the order is not complied with by said date. The order may also include a notice that a repeat violator provision has been invoked pursuant to Florida Statutes Ch. 162, for which a fine may be reactivated without the necessity for a hearing if the same violation is repeated by the violator.

    (10)

    A certified copy of an order may be recorded in the public records of Orange County and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property. The findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns.

    (11)

    If an order is recorded in the public records pursuant to 5.05(10) and the order is complied with by the date specified in the order, the Code Enforcement Board shall issue an order acknowledging compliance which shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

    (12)

    If the City prevails in prosecuting a case before the Code Enforcement Board, it shall be entitled to recover all costs incurred in said prosecution.

(Ord. of 5-18-1981, § 1; Ord. of 4-11-1988, Doc. #21999; Ord. of 5-11-1992, Doc. #25691; Ord. of 7-25-1994, Doc. #27719; Ord. of 2-6-1995, Doc. #28220; Ord. of 8-28-2006, § 1, Doc. #0608281005; Ord. of 11-2-2009, § 1, Doc. #0911021105; Ord. No. 2014-53, § 1, 10-19-2015, Doc. #1510191203)