Code Enforcement Corner

By
Luckner Mathe
-
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What is Code Enforcement?

Code Enforcement is the prevention, detection, investigation and enforcement of violations of statutes or code of ordinances relating to public health, safety, welfare, public works, business activities and consumer protection, to include building standards, and enforcing zoning laws to regulate land-use. 

Code enforcement, sometimes encompassing law enforcement. It is the act of enforcing a set of rules, principles, or laws and ensuring observance of a system of norms or customs. In the state of Florida, the Code Enforcement process is regulated by Chapter 162 of the Florida Statutes. Various sections of the City of West Park’s code of ordinances regulate certain behaviors and activities in the city. A notice of violation is issued to a real estate property when a code enforcement officer or a law enforcement officer observe violation of any of the code of ordinances. 

Who is a Code Enforcement Officer? 

A Code Enforcement Officer is a sworn or non-sworn inspector, officer or investigator, employed by a city, or county, or city and county, who possesses specialized training in, and whose primary duties are the prevention, detection, investigation, and enforcement of violations of laws regulating public nuisance, public health, safety, welfare, public works, business activities and consumer protection, to include building standards, and enforcing zoning laws to regulate land use.

Who is a Code Enforcement Special Magistrate?

A Code Enforcement Special magistrate is an independent hearing officer appointed by the City to adjudicate code enforcement cases. The Special magistrate is an attorneys licensed to practice law in Florida and is responsible for conducting hearings to determine violations of local ordinances and codes. The Special magistrate has the authority to issue subpoenas, assess fines, and impose corrective actions for code violations. The Special magistrate’s actions are subject to specific legal requirements, including the recording of minutes and adherence to public notice laws.

What is the process for filing and recording a code enforcement lien against a real estate property?

Before a lien can be filed and recorded against a real property, the Code Enforcement Division of the City follows general steps through the Code Enforcement Special Magistrate Process.  All Code Enforcement Special Magistrate Hearing proceedings are administered by the Special Magistrate only:

  • NOTICE OF VIOLATION 
  1. Regular Notice of Violation (no monetary value) mailed via regular mail and/or 
  2. Notice of Civil Infraction (monetary value) via posting at the property. A notice of civil infraction may be issued depending on the severity of the infraction such as health and safety violations or after failing to obtain compliance with a previously issued Notice of Violation. 
  • NOTICE OF VIOLATION/NOTICE OF HEARING 

  1. NOTICE OF VIOLATION/NOTICE OF HEARING is mailed via certified mail with domestic return receipt requested. 
  2.  POSTING SERVICE, if staff does not receive confirmation of service via certified mail service, the Notice of Violation/Notice of Hearing will be posted at the property 10 days before the hearing. 
  3. AFFIDAVIT OF SERVICE is prepared and notarized to be presented as proof of service at the Hearing.
  4. TESTIMONY, at the hearing, the Code Enforcement Magistrate will hear testimony for the City (Code Enforcement Officer) and the property owner or owner’s representative. 
  5. FINAL ORDER ISSUED, after hearing testimonies from both sides (property owner’s representative (s) and the City), the Code Enforcement Magistrate issues a FINAL ORDER with a specific date to comply along with possible daily fines, and the next upcoming hearing date. 
  6. The FINAL ORDER is certified mailed to the property owner with return receipt service requested. If the property is not in compliance after the compliance date has passed, the Code Enforcement Officer reports the status of the case to the Code Enforcement Magistrate in accordance with Chapter 162.09, of the Florida Statutes, Administrative fines; costs of repair; liens.
  7.   This FINAL ORDER will serve as NOTICE for the next upcoming certification of fine hearing on the date and time prescribed in the order. This order is appealable soley to the Circuit Court of Broward County, Florida, within 30 days of the date of this order.
  • SECOND HEARING FOR CERTIFYING FINE 

  1. NOTICE OF HEARING OR FINAL ORDER (see letter f) for this hearing is provided via certified mail with domestic return receipt requested. 
  2. POSTING SERVICE, if staff does not receive confirmation of service via certified mail service, the NOTICE of Hearing and/or Final Order will be posted at the property 10 days before the hearing. 
  3. AFFIDAVIT OF SERVICE is prepared and notarized to be presented as proof of service at the Hearing. 
  4. TESTIMONY, at the hearing, the Code Enforcement Magistrate will hear testimony for the City (Code Enforcement Officer) and the property owner or owner’s representative.
  5. ORDER CERTIFYING FINE ISSUED, after hearing testimonies from both sides (property owner’s representative (s) and the City), the Code Enforcement Magistrate may issue an ORDER CERTIFYING FINE.
  6. ORDER CERTIFYING FINE is certified mailed to the property owner with return receipt service requested.  
  7. The ORDER CERTIFYING FINE is recorded in Broward County Official Public Records in accordance with Chapter 162.09, of the Florida Statutes, Administrative fines; costs of repair; liens, upon filing the required original documents along with a Recording Transmittal Form. 
  8. IN CONCLUSION, all required NOTICES are certified mailed to the property owner using the address listed in the tax collector’s office for tax notices or to the address listed in the Broward County Property Appraiser’s database, in compliance with Chapter 162 of the Florida Statutes.

How would property owners know if the City or County has recorded lien recorded against their property?

  • To find out if a lien is recorded on a property in Broward County, property owners have the following options:
    1. Search the Broward County Property Appraiser’s website for deeds, mortgages, liens, and other recorded documents. Link to the website is below:  https://officialrecords.broward.org/AcclaimWeb. Use the Broward County Official Records Search to view a comprehensive listing of documents, including liens, recorded since January 1, 1978. 
    2. For more detailed inquiries, property owners may also contact the Broward County Records Division at 954.831.4000
  • Following a search of the Broward County lien search records, if it is determined that City of West Park lien(s) is/are recorded on the property, the property owner may visit or call City Hall at 954.989.2688 Ext. 206 or 208 or 210 to complete or request for a Lien Search Form. A minimal fee is required for the search. 
  • The lien search process is administered by the City’s Finance Department. When the search is completed, the Finance Department staff will issue a formal letter detailing information about the lien(s), with backup documents, if necessary. 

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