Florida law provides a framework for code enforcement, but each local jurisdiction—counties, cities, and towns—can adopt its own procedures. This guide outlines the general process, but property owners should always consult the local code for jurisdiction-specific rules.
Step 1: Notice of Violation
The Code Enforcement Process begins when a local government issues a Notice of Violation to the property owner. This notice may be physically posted on the property or mailed to the legal owner’s address on file with the local property appraiser.
It is important that the mailing address is accurate and monitored. If the listed address is a corporate office disconnected from the property, there should be a system in place to notify the local property manager.
Time is critical at each stage. A lack of diligence, engagement, or responsiveness by the property owner can lead to significant negative consequences later in the process.
Step II: Pre-Hearing Phase
The Notice of Violation sets an initial compliance deadline. If the violation is not resolved by that date, the matter is scheduled for a Violation Hearing, either before a Code Enforcement Board (panel) or a Special Magistrate (an individual decision-maker).
The hearing determines whether a violation exists, sets a final compliance deadline, and imposes any applicable fines.
Before the hearing, the property owner has an opportunity to resolve the issue informally. The investigating code enforcement officer may delay the hearing to allow time for compliance, clarify the nature of the violation, suggest acceptable solutions, and work with the owner toward resolution.
It is important to remain diligent and communicate with the investigating officer during this phase. Waiting until the hearing to raise concerns or begin addressing the violation is generally not advisable.
Step III: Violation Hearing
If the violation is not resolved during the Pre-Hearing Phase, the case proceeds to a Violation Hearing. This hearing may be held before a Code Enforcement Board or Special Magistrate.
The hearing is a quasi-judicial proceeding. The investigating code enforcement officer presents evidence of the violation, which typically includes photographs and testimony. The property owner or their representative may cross-examine witnesses and present counterevidence. The board or magistrate may also ask questions of both parties.
At the conclusion of the hearing, the board or magistrate will determine whether a violation exists, set a final compliance deadline, and impose monetary penalties, which may include administrative costs and a daily fine.
Before the hearing, the property owner should decide whether to contest or admit to the violation and realistically assess the time needed to bring the property into compliance. In some cases, the owner may request an extended compliance deadline. Key factors in obtaining an extension include demonstrated diligence and any extenuating circumstances.
The outcome of the hearing is documented in a violation order. Property owners generally have 30 days to appeal any findings or penalties outlined in the order.
Step IV: Post-Hearing Phase
After the Violation Hearing, the property owner must take steps to bring the property into compliance before the deadline set in the violation order. If the violation was confirmed, either by admission or through the quasi-judicial hearing, the owner must act promptly to avoid fines.
This phase is time-sensitive. Waiting too close to the compliance deadline may limit the ability to request an extension or leniency. Property owners should apply for any necessary building permits or licenses, hire any necessary contractors or consultants, and otherwise begin executing a compliance plan immediately.
An owner should provide regular updates to the investigating code enforcement officer. Many jurisdictions offer a formal process to request an extension of the compliance deadline, and the most important factor in receiving one is demonstrated diligence.
If the property is brought into compliance before the deadline, the owner should notify the investigating officer. This sets the stage for formal resolution in the next step.
Step V: Compliance Deadline
To avoid fines, the property owner must request an Affidavit of Compliance from the investigating officer before the compliance deadline. This document formally closes the violation case.
If the violation remains unresolved after the compliance deadline, the officer will issue an Affidavit of Non-Compliance. Depending on the jurisdiction, this may lead to a Compliance Hearing to formally determine whether the property was in compliance by the deadline, or it may lead to the immediate and automatic imposition of daily fines.
Daily fines for commercial properties typically range from $100 to $250, and may be higher for repeat violations. These fines continue to accrue until the property is brought into compliance.
Step VI: Imposition of Fines
Once an Affidavit of Non-Compliance is issued, fines will begin to accrue. In many jurisdictions, these fines are formalized through an Order of Lien, which attaches to the property until the violation is resolved and the fines are paid.
A lien can affect the ability to sell or refinance the property and may accrue interest over time. Property owners generally have 30 days to challenge or appeal an order imposing a fine. Prompt action is essential to avoid long-term financial and legal consequences.
Step: VII Fine/Lien Reduction
Once the property is brought into compliance, most jurisdictions allow the owner to apply for a Fine/Lien Reduction. Generally, there must be no active violations at the time of the request.
Code enforcement fines and liens are intended to compel compliance and provide foreclosure rights to the jurisdiction when fines exceed the property’s value. If the owner has been diligent, communicative, attended hearings, and has no history of repeat violations, some level of reduction is often granted.
The reduction process may be handled administratively or presented at a hearing before the Code Enforcement Board, Special Magistrate, City Council, or County Commission.
The process is discretionary and not guaranteed. In most cases, there is no right to appeal the decision.
Step VII: Appeals
A property owner generally has 30 days to file a legal challenge or appeal of any code enforcement order. This includes the initial violation order, any compliance orders, and orders imposing liens or fines.
Waiting until the end of the process to appeal an initial finding of violation likely waives any ability to contest the violation. A decision on a lien reduction request is typically not subject to legal appeal.
Additionally, many jurisdictions require property owners to exhaust administrative review procedures before seeking relief in the courts. These procedures are often outlined in the local code and may include internal appeals or hearings.
Careful attention to deadlines and local codes is important to preserve appellate rights.
Conclusion
This guide provides a general overview of Florida’s Code Enforcement Process. Because each jurisdiction may follow different procedures, it is important to review the applicable local code to understand the specific enforcement rules in your area.
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