Q -
How does the Code Compliance Division “select” the properties
they inspect?
A – The Division caseload is generated in one of two methods.
Responding to citizen complaints is a first priority. In
addition, the code officers periodically tour residential
communities performing Neighborhood Improvement Inspections.
Q –
What is a Neighborhood Improvement Inspection?
A - A Neighborhood Improvement Inspection is a pro-active,
department generated inspection. The code officer will inspect
each property to determine if there is any violation of a
Village Regulation. Approximately 75-80% of our total cases
are a result of the pro-active efforts of the code officer.
Q –
Can the Code Officer enter onto my property to conduct the
inspection?
A – Not unless invited onto the property by the property owner
or tenant. As a general rule, inspections must be performed
from a public right-of-way or easement. In some cases however,
a neighboring property owner may give permission to enter onto
their property to observe your property.
Q –
What type of notice does the Code Compliance Division provide
if a violation is found?
A - If a violation is noted, a first notice will be given to
the property owner of record, and in some cases the tenant, to
advise them of the problem(s). The notice may be in the form
of a letter sent to the property owner, or it may be in the
form of a “door hanger” left at the front door of the home. A
property owner is given a period of time to correct a
violation, usually three to thirty days.
Q – Is
the Code Compliance Division required to provide a first
notice?
A – No, it is provided primarily as a courtesy to the property
owner. The code officer may choose to send a case directly to
the Code Enforcement Board or Special Master without providing
the first courtesy notice if there is a life safety violation,
if a nuisance has been declared, or if there is a repetitive
history for the property or owner. In that case, a Notice of
Violation/Notice of Hearing will be sent to the property owner
notifying them of the violation and Board or Special Master
hearing date.
Q – What do
I do if I receive a violation notice?
A – Take prompt action to
correct the violation. If you are not sure what needs to be
corrected, how to correct it or, if you are working toward
correcting the violation, but need additional time due to
special circumstances, it is important that you call the code
officer to discuss your issues. In most cases additional time
will be given if the individual circumstances warrant such an
extension.
Q –
What happens if I don’t correct the problem within the time
given by the code officer?
A - If the violation is not corrected, you will be served with
a Notice of Hearing requiring your appearance before the Code
Enforcement Board or Special Master. Both the Board and the
Special Master can assess fines up to $500.00 per day for each
day the violation continues to exist.
Q – What
happens if I do not attend the Code Enforcement Board or
Special Master hearing?
A – The Code Enforcement Board
or Special Master will issue an Order based upon the testimony
provided at the hearing and will direct that the violation be
corrected within a specified period of time. Fines and liens
may be placed against a property as a result of any
enforcement action, whether or not the property owner is
present at the hearing.
Q –
Will I have to pay a fine?
A - In some cases the costs that the Code Compliance Division
incur in the prosecution of a case to the Code Enforcement
Board or Special Master will be assessed against the property
owner on the night of the hearing. A lien will be filed if the
costs are not paid within the time frame given by the Board or
Special Master. These costs are typically not less than
$125.00 but in some cases have been as much as $600.00.
Actual per day fines will be certified by the Board if the
violation is not corrected by the time specified by the Board
or Special Master. These per day fines will continue to accrue
until a violation is corrected and the Code Compliance
Division is notified of the correction. These fines can
accumulate into many thousands of dollars and are filed as a
lien against the property.
Q – If
a lien is filed, does it attach to only the property that was
the subject of the violation?
A – No. The lien will attach to all properties owned by the
property owner in Palm Beach County.
Q –
Can I file an appeal of a decision of the Code Enforcement
Board or Special Master?
A – Yes. Per Florida Statute Chapter 162, an appeal of a
decision by either the Board or the Special Master must be
filed to the Circuit Court within 30 days of the date of the
Order.
Q –
Can I appeal the Code Enforcement Board or Special Master’s
decision to the Village Council?
A – No. Based on Florida Statute Chapter 162, an appeal is
only to the Circuit Court.
Q –
Can the Village foreclose on the property if the liens are not
paid?
A – Yes. Except for homestead property, Florida Statute
Chapter 162 provides that liens which remain unpaid for a
period of 3 months may be foreclosed upon. The Village would
prefer to avoid such extreme consequences where possible.
Q –
Does the Village ever correct or “abate” the violation?
A – If a nuisance or life safety violation exists, the Village
may correct the violation. Three examples of when the Village
may consider correcting the violation is an overgrown lot, an
unsecured swimming pool or an unsecured building providing an
attractive nuisance. If the Village does correct the
violation, liens are placed against the property for the costs
associated with the correction.
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