Code Enforcement Procedure | Fernandina Beach, FL (2024)

Investigation and Notification

Information collected during investigations into code violations is public record subject to Florida Sunshine laws.

  • Complaints are inspected in a timely manner, with a priority placed on those complaints most seriously related to health, safety, and welfare.
  • Detailed information regarding the complaint is validated and documented with photos, and an inspection is conducted to determine next steps.
  • Inspections are always made from a public right-of-way, unless permission is granted by the property owner to come onto the property.
  • Inspections are conducted discreetly, keeping the property owner's privacy in mind.
  • The Code Compliance Officer will determine if the complaint should be handled by another department or agency, and make the referral, if this is the case.

The Code Compliance Officer has three methods of notifying someone of a code violation: 1) Personal Contact, 2) Notice of Visit Door Hanger, and 3) Notice of Violation/Notice of Hearing Letter.

1) Personal contact - Upon validating a complaint, the Officer will reach out to the citizen to inform them of the violation and actions needed for code compliance. This could be in person, by phone, or by email, whichever is available.

2) Notice of visit door hanger - If the Officer cannot reach the owner or resident, a door hanger will be left explaining the violation, actions needed for compliance, and a time frame to contact the Officer.

3) Notice of Violation/Notice of Hearing - Upon validating a complaint and attempting personal contact and a door hanger, or non-compliance of the violation, the Officer will send the property owner a Notice of Violation/Notice of Hearing via certified mail explaining the violation, actions needed for compliance, and a time frame to contact the Officer. If the violation is not corrected within the time frame, the Officer will send the case to the Code Enforcement and Appeals Board. Please see Florida Statute 162 for more information on notice requirements.

Compliance

In order to come into compliance, a citizen, business owner, tenant, property owner, or visitormay contact the Code Compliance Officer in person, by email, or by phone to get more information regarding the code violation, the process, or to seek more time to comply.

Compliance time frames are used as a guideline and may be subject to change ifsomeone requires more time to bring the property into compliance.

  • If the Officer inspects a property, and the site is in compliance, the case is closed.
  • If compliance takes place after personal contact or a door hanger, the case is closed.
  • If compliance takes place before the Code Enforcement and Appeals Board meets, the case may or may not be heard. If it is heard, it is up to the Board to determine guilt and whether to assess any fines.
  • If a complaint reaches the Code Enforcement and Appeals Board, the Board will hear the case evidence, from both sides, determine whether or not there is a violation, and whether to assess fines and fees. If fines and fees are not paid within the specified time frame, a lien can be recorded on the property. Appeals of the Board's decision go to Circuit Court.

ALL CODE CASES THAT HAVE OUTSTANDING FEES AND/OR FINES WILL REMAIN OPEN UNTIL PAID IN FULL

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Code Enforcement Procedure | Fernandina Beach, FL (2024)

FAQs

How to find out who called Code Enforcement in Florida? ›

Scan your city or state's public records website for a search engine and enter your code violation info to see if the complainant is listed. Call the code enforcement agency and ask them who called the complaint in. If you're nice, they'll often tell you.

Are Code Enforcement complaints public record in Florida? ›

All complaints received by the Office of Code Enforcement are subject to public records law. Note: Florida has a very broad public records law.

What happens at a Code Enforcement hearing in Florida? ›

During the hearing, a Code Enforcement Inspector or Police Officer will present evidence of the alleged violation. You will then be given the opportunity to present your testimony, witnesses, and evidence to rebut the Code Enforcement Inspector's or Police Officer's evidence.

Are Code Enforcement complaints anonymous in Florida? ›

Can a person remain completely anonymous when reporting a code violation complaint? Florida Statute 162.21(3)(b) and FS 166.0415 have been amended by 2021 Senate Bill 60. The effect of this new law is that a code enforcement officer may not initiate an investigation of a potential violation by way of an anonymous tip.

Does code enforcement drive around? ›

Code enforcement strategies

A code enforcement officer will then visit the site, determine if someone is violating a code, and issue any applicable fines. Alternatively, they might walk or drive through a city or county to provide neighborhood code enforcement.

Can a code enforcement officer come on my property in Florida? ›

Code Officials cannot simply enter premises without a Warrant. That is a Violation of our Constitutional Right to privacy under the 4th Amendment. Code Enforcement Officials are able to observe the front of private properties. They cannot enter a back yard unless invited.

Can you look up police reports in Florida? ›

How can I get a copy of a police report? Florida State Statute 119 governs the Public Records Law. Reports can take up to 10 business days for availability. Copies of police reports can be obtained at the Police Department's Records Section located at 16901 NE 19th Avenue.

Who enforces building codes in Florida? ›

(1) Except as provided in paragraphs (a)-(g), each local government and each legally constituted enforcement district with statutory authority shall regulate building construction and, where authorized in the state agency's enabling legislation, each state agency shall enforce the Florida Building Code required by this ...

Which Florida agency has the authority to investigate violations? ›

The Office of Inspector General (OIG) mission is to promote accountability, integrity and efficiency for the citizens of Florida by providing objective, timely audit and investigative services.

What is the statute of limitations on code enforcement in Florida? ›

The statute of limitations for enforcing a building code violation in Florida is generally up to 7 years (depending upon the jurisdiction). This means that the county can only enforce a violation that occurred within 7 years of the date that the violation was discovered.

What is Florida Code Enforcement? ›

These officers are authorized to issue citations and notices to appear in county court when they believe a person or other entity has committed a civil infraction in violation of a code or ordinance enacted by the county or the city.

What happens if you violate community control in Florida? ›

The judge will issue a warrant. You will be taken into custody and likely kept without bond while your violation is handled. If an offender violates the terms of community control, the court may withdraw their agreement and incarcerate them for the remainder of their sentence, just as it would with probation.

What is the selective enforcement code enforcement in Florida? ›

The defense of selective enforcement is based upon a case decided by the Supreme Court of Florida in 1979. Essentially, an association cannot enforce the restrictions in the recorded documents or those contained in the rules and regulations in an inconsistent or arbitrary manner.

What is the meaning of code violation? ›

/ˈkəʊd vaɪ.əˌleɪ.ʃən/ us. /ˈkoʊd vaɪ.əˌleɪ.ʃən/ Add to word list Add to word list. an act of breaking (= not obeying) a code (= set of rules) that applies to a particular area of activity, sport, etc.: City and state housing inspectors uncovered numerous code violations and deficiencies in the buildings.

Can you find out who called the city on you? ›

When a neighbor calls and complains to the city about another neighbor is there a way to find out which neighbor it was? If your state has an open records law, that complaint is a public record. If code enforcement gets involved, now due process kicks into play.

Who enforces Florida building codes? ›

The 1998 Legislature adopted the Study Commission's recommendations and amended Chapter 553, Florida Statures, Building Construction Standards to create a single minimum standard building code that is enforced by local governments.

Why do people call code enforcement? ›

"Code Enforcement is the prevention, detection, investigation and enforcement of violations of statutes or ordinances regulating public health, safety, and welfare, public works, business activities and consumer protection, building standards, land-use, or municipal affairs."

References

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