Code Compliance
The primary mission of the Code Compliance Division is to enforce the City's codes and ordinances through education, information, and voluntary compliance.
Special Magistrate Process
The Special Magistrate (SM) — formerly the Code Enforcement Board (CEB) — is a member of the Florida Bar, existing by the authority of the State of Florida and appointed by the City Commission of Wildwood to hear and decide Code Compliance violation cases. The Special Magistrate provides an expeditious and effective means of dealing with code violations.
A hearing before the SM is held when voluntary compliance has not been obtained. The Code Officer assembles and presents evidence (including pertinent testimony) for SM to determine if a violation exists. The hearing allows the alleged violator to give evidence and testimony to show that no violation has occurred. The SM judges the merits of the case by considering the evidence and issues an order, which both the Code Inspector and alleged violator must honor. If guilt is established, a reasonable time for code compliance and an appropriate penalty for continued non-compliance is ordered. Appeals of SM orders may be made to the Circuit Court.
Although formal rules of evidence do not apply in SM hearings, all testimony is taken under oath and is recorded. Fundamental due process is observed through the process. The recorded testimony and any exhibits submitted as evidence constitute the history of the case that an appeals court may review. In the event of an appeal in court, a judge will consider only the information or evidence that is a part of the original SM record.
Florida Statues Chapter 162.07 (4) includes provisions for recording Orders of SM in the public records so that they bind subsequent purchasers of an affected property. Section 162.08 gives SM the power to subpoena alleged violators and witnesses.
Section 162.09 empowers the SM to:
Record a lien against the property; Impose fines for certain violations up to $1,000.00 per day for first-time violators, up to $5,000.00 per day for repeat violators, and may include all costs of repairs; Impose fines of up to $15,000 for irreparable or irreversible violations.
Liens may continue in force for 20 years unless foreclosure occurs. After three months, the City may be authorized by the SM to foreclose on the unpaid lien, but homestead property is exempt from this foreclosure.
Florida Statute, Chapter 162 - Municipal Code Enforcement
To review the City of Wildwood Code of Ordinances; Click on the link below:
