CODE ENFORCEMENT

Cape Coral Code of Ordinances ch. 2, art. V, div. 3

in effect

Cape Coral Code of Ordinances § 2-81 Creation; purpose.

§ 2-81 - Creation; purpose. There is created by this division a special magistrate with authority to impose administrative fines and other non-criminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing codes and ordinances in force within the city, where a pending or repeated violation continues to exist including, but not limited to, local business tax, fire, building, zoning and sign codes. Nothing in this division shall prohibit the City Council from enforcing any code by other means. (Ord. 50-80, 9-22-1980; Ord. 75-82, 11-1-1982; Ord. 118-85, 11-18-1985; Ord. 84-86, § 1, 11-17-1986; Ord. 12-96, 3-11-1996; Ord. 50-96, 9-24-1996; Ord. 40-05, 3-21-2005; Ord. 169-06, 12-11-2006)

Cape Coral Code of Ordinances § 2-82 Definitions.

§ 2-82 - Definitions. For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CODE ENFORCEMENT OFFICER. Any authorized agent or employee of the City of Cape Coral whose duty it is to enforce and assure compliance with the codes and ordinances adopted by the city. LOCAL GOVERNING BODY. The City of Cape Coral City Council. REPEAT VIOLATION. A violation of a provision of a code or ordinance by a person who has been previously found through a code enforcement board or any other quasi-judicial or judicial process to have violated or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occurred at different locations. SPECIAL MAGISTRATE. A person authorized by the Cape Coral City Council to hold hearings and assess fines against violators of the City of Cape Coral codes and ordinances. For purposes of this division, a person holding the position of SPECIAL MAGISTRATE must be an attorney duly licensed to practice law in the State of Florida. VIOLATOR. The person or entity legally responsible for the violation including, but not limited to, owners and lessees of property on which the violation has occurred. (Ord. 69-89, 10-16-1989; Ord. 80-92, 12-14-1992; Ord. 30-96, 6-10-1996) (Ord. 69-89, 10-16-1989; Ord. 71-99, § 1, 1-18-2000) (Ord. 50-96, 9-24-1996; Ord. 71-99, § 1, 1-18-2000; Ord. 40-05, 3-21-2005) (Ord. 80-92, 12-14-1992) (Ord. 55-07, 4-30-2007)

Cape Coral Code of Ordinances § 2-82.1 Code enforcement officer.

§ 2-82.1 - Code enforcement officer. (a) The city may designate certain of its employees or agents as Code Enforcement Officers. The city shall determine the training and qualifications of the Code Enforcement Officers. Employees or agents who may be designated as Code Enforcement Officers may include, but are not limited to, code inspectors, law enforcement officers, animal control officers or fire safety inspectors. Designation as a Code Enforcement Officer does not provide the Code Enforcement Officer with the power of arrest or subject the Code Enforcement Officer to the provisions of F.S. §§ 943.085 through 943.255. Nothing in this section amends, alters or contravenes the provisions of any state administered retirement system or any state supported retirement system established by general law. (b) Code enforcement officers, Building Official, Deputy Building Officials, chief inspectors, building inspectors (regardless of designations), engineering inspectors, city ordinance inspectors, and landscape inspectors of the city's Department of Community Development, law enforcement officers and Public Service Aides of the city's Police Department, financial services director, customer billing services manager(s), business systems analyst(s), customer billing services research specialist(s), and field service representatives of the city's financial services department are hereby designated to be Code Enforcement Officers and are authorized to issue notices of violation as code inspectors and to request the city's special magistrate(s) to hear cases in which there has been non-compliance. Other employees or agents of the city may, by resolution of the City Council, be designated as Code Enforcement Officers. (c) Code enforcement officers may also issue notices to appear before the County Court of Lee County, Florida, for any violation of the city as provided in Division 4 herein. (d) Code enforcement officers are hereby designated to administer the provisions of F.S. Chapter 705 pertaining to lost or abandoned property. (Ord. 30-96, 6-10-1996; Ord. 38-2003, 4-28-2003) (Ord. 80-92, 12-14-1992; Ord. 12-96, 3-11-1996; Ord. 50-96, 9-24-1996; Ord. 38-2003, 4-28-2003; Ord. 40-05, 3-21-2005; Ord. 121-05, 9-6-2005; Ord. 17-06, 2-21-2006) (Ord. 80-92, 12-14-1992; Ord. 30-96, 6-10-1996) (Ord. 80-92, 12-14-1992; Ord. 30-96, 6-10-1996) (Ord. 55-07, 4-30-2007)

Cape Coral Code of Ordinances § 2-83 Appointment of special magistrate(s).

§ 2-83 - Appointment of special magistrate(s). (a) The city shall utilize the services of one or more special magistrates to conduct hearings concerning violations of the codes and ordinances in force within the city. (b) The City Council shall, by majority vote, designate the codes and ordinances of the city to be enforced by the special magistrate(s). The City Manager shall at least annually recruit qualified persons to serve as special magistrates. (c) The City Council shall, on an annual basis, appoint at least one qualified person to serve as the special magistrate and at least one qualified person to serve as an alternate special magistrate in the event the special magistrate is unable to attend a meeting. (d) Applicants for the special magistrate position must be attorneys. The appointment(s) shall be in the sole discretion of the City Council. However, any person appointed to the position of special magistrate pursuant to this article must be an attorney duly licensed by the Florida Bar Association to practice law in the State of Florida. Each special magistrate shall serve for a term of one year though special magistrates may be reappointed for consecutive one year terms. Although appointed for one year terms, special magistrates shall be subject to removal, with or without cause, from their positions at any time during their term by the City Council in its sole discretion. (e) Special magistrates shall not be considered to be city employees though, if authorized by the City Council, they may receive compensation for their service and also may be reimbursed for the travel, mileage and per diem expenses as may be authorized by the City Council. (Ord. 12-96, 3-11-1996; Ord. 50-96, 9-24-1996; Ord. 40-05, 3-21-2005)

Cape Coral Code of Ordinances § 2-84 Counsel.

§ 2-84 - Counsel. The City Attorney shall act as counsel to the division of code enforcement. Because only attorneys may hold the position of special magistrate, the City Council shall not be required to retain an attorney to represent the special magistrate(s). (Ord. 50-80, 9-22-1980; Ord. 6-81, 2-23-1981; Ord. 75-82, 11-1-1982; Ord. 118-85, 11-18-1985; Ord. 80-92, 12-14-1992; Ord. 12-96, 3-11-1996; Ord. 50-96, 9-24-1996; Ord. 40-05, 3-21-2005)

Cape Coral Code of Ordinances § 2-85 Enforcement procedure.

§ 2-85 - Enforcement procedure. (a) It shall be the duty of the Code Enforcement Officer to initiate enforcement proceedings of the various codes. No special magistrate shall have the power to initiate the enforcement proceedings. (b) Except as provided in subsection (k) below, if a violation of the codes is found, the Code Enforcement Officer shall notify the violator and give the violator a reasonable time, up to a maximum of 30 days, to correct the violation. For violations occurring on property occupied by a tenant, both the owner of the property and the tenant, if the tenant can be identified, may be cited for the violation. In addition, for rental properties, rental managers may be provided a courtesy copy of the notice of violation pursuant to subsection (m) below. The determination of a reasonable time shall be based on considerations of fairness; practicality; ease of correction; ability to correct; severity of the violation; nature, extent and probability of danger or damage to the public; and other relevant factors relating to the reasonableness of the time period prescribed. Should the violation continue beyond the time specified for correction, the Code Enforcement Officer shall notify the special magistrate of the charges and request a hearing. For a repeat violation, it is not necessary for the Code Enforcement Officer to give the violator a reasonable time to correct the violation. (See § 2-86(e) below.) (c) The special magistrate through its clerical staff, shall schedule a hearing and written notice of the hearing shall be hand delivered or mailed as provided in subsection (d) to the violator. Notice may additionally be served by publication or posting as provided in subsection (e). (d) Method of notice: all notices required by this section shall be provided to the alleged violator as follows: (1) By certified mail to the address listed in the tax collector's office for tax notices or to the address listed in the county property appraiser's database. The City may also provide an additional notice to any other address it may find for the property owner. For property owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If any notice sent by certified mail is not signed as received within 30 days after the postmarked date of mailing, notice may be provided by posting as described in subsection (e)(2) below; (2) By hand delivery by a Code Enforcement Officer, law enforcement officer or other person designated by the City; (3) By leaving the notice at the violator's usual place of residence with any person residing therein who is over 15 years of age and informing the person of the contents of the notice; or (4) In the case of commercial premises, leaving the notice with the manager or other person in charge. (e) In addition to providing notice as set forth in subsection (d) above, notice may also be served by publication or posting, as follows: (1) a. Such notice shall be published in print in a newspaper or on a publicly accessible website as provided in Section 50.0311, Florida Statutes, for four consecutive weeks. If published in print, the notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper in Lee County, Florida. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements. b. Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statutes. (2) In lieu of publication as described in subsection (e)(1), such notice may be posted at least ten days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at the City of Cape Coral City Hall. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (f) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (d) above. (g) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (d) above, together with proof of publication or posting as provided in subsection (e) above shall be sufficient to show that the notice requirements of this section have been met, without regard to whether or not the alleged violator actually received the notice. (h) The notice of hearing shall include the following: (1) Name of the Code Enforcement Officer who initiated the request for a hearing; (2) A factual description of the alleged violation; (3) Date of alleged violation; (4) Section of code or ordinance allegedly violated; (5) Place, date and time of the hearing; (6) Right of violator to be represented by counsel; (7) Right of violator to present witnesses and evidence; (8) Notice that failure of the violator to attend the hearing may result in a fine being assessed against him or her; and (9) Notice that requests for continuances will not be considered if not received by the Special Magistrate at least five calendar days prior to the date set for hearing. (i) If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer the case shall be presented to the special magistrate even if the violation has been corrected prior to the special magistrate hearing and the notice shall so state. (j) If a repeat violation is found, the Code Enforcement Officer shall notify the violator but is not required to give the violator a reasonable time to correct the violation. A hearing before a special magistrate, shall be requested and scheduled in the manner provided above. (k) If the Code Enforcement Officer has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety and welfare, or if the violator is engaged in violations of an itinerant or transient nature as defined in this code, or if the violation is irreparable or irreversible in nature, the Code Enforcement Officer shall make a reasonable effort to notify the violator and may immediately notify the special magistrate and request a hearing. (l) (1) If the owner of property which is subject to an enforcement proceeding before a special magistrate transfers ownership of the property between the time the initial pleading was served and the time of the hearing, the owner shall: a. Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee; b. Deliver to the prospective transferee a copy of the pleadings, notices and other materials relating to the code enforcement proceeding received by the transferor; c. Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding; and d. File a notice with the Code Enforcement Officer of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five days after the date of the transfer. (2) A failure to make the disclosures described in subsections (l)(1)a., b. and c. above before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. (m) Managers of rental properties may file with the code enforcement manager a list of the properties they manage, along with the name and address of the person to whom any courtesy notice provided under this subsection should be sent. The code enforcement manager may prescribe a required format for the information, so as to best accommodate the provision of courtesy notices. Whenever a notice of violation is provided to the owner or tenant of any property, the code enforcement manager shall attempt to mail a courtesy copy of the notice of violation, as well as any subsequent notice of hearing pertaining to the violation, to the name and address provided by the rental property manager. Failure to mail any courtesy copy shall not, however, affect the validity of any notice of violation, hearing or other procedure or proceeding. (Ord. 80-92, 12-14-1992; Ord. 44-94, 8-22-1994; Ord. 12-96, 3-11-1996; Ord. 30-96, 6-10-1996; Ord. 50-96, 9-24-1996; Ord. 40-05, 3-21-2005) (Ord. 12-96, 3-11-1996; Ord. 30-96, 6-10-1996; Ord. 50-96, 9-24-1996; Ord. 71-99, § 1, 1-18-2000; Ord. 7-00, § 1, 2-28-2000; Ord. 40-05, 3-21-2005) (Ord. 69-89, 10-16-1989; Ord. 80-92, 12-14-1992; Ord. 12-96, 3-11-1996; Ord. 40-05, 3-21-2005) (Ord. 71-99, 1-18-2000; Ord. 19-24, § 1, 4-3-2024) (Ord. 80-92, 12-14-1992; Ord. 44-94, 8-22-1994; Ord. 71-99, § 1, 1-18-2000; Ord. 19-24, § 1, 4-3-2024) (Ord. 50-96, 9-24-1996; Ord. 40-05, 3-21-2005) (Ord. 80-92, 12-14-1992; Ord. 12-96, 3-11-1996; Ord. 30-96, 6-10-1996; Ord. 50-96, 9-24-1996; Ord. 71-99, § 1, 1-18-2000; Ord. 40-05, 3-21-2005) (Ord. 80-92, 12-14-1992; Ord. 12-96, 3-11-1996; Ord. 30-96, 6-10-1996; Ord. 50-96, 9-24-1996; Ord. 71-99, § 1, 1-18-2000; Ord. 40-05, 3-21-2005) (Ord. 71-99, § 1, 1-18-2000; Ord. 40-05, 3-21-2005) (Ord. 71-99, § 1, 1-18-2000; Ord. 40-05, 3-21-2005) (Ord. 71-99, § 1, 1-18-2000) (Ord. 71-99, § 1, 1-18-2000) (Ord. 71-99, § 1, 1-18-2000; Ord. 40-05, 3-21-2005) (Ord. 71-99, § 1, 1-18-2000) (Ord. 7-00, § 1, 2-28-2000; Ord. 50-80, § 6, 9-22-1980; Ord. 6-81, § 2, 2-23-1981; Ord. 75-82, § 1, 11-1-1982; Ord. 84-86, § 1, 11-17-1986; Ord. 44-95, 8-22-1994; Ord. 12-96, 3-11-1996; Ord. 30-96, 6-10-1996; Ord. 50-96, 9-24-1996) (Ord. 55-07, 4-30-2007)

Cape Coral Code of Ordinances § 2-86 Conduct of hearing.

§ 2-86 - Conduct of hearing. (a) Upon request of the code enforcement manager or designee, or at other times as may be necessary, the special magistrate(s) may convene hearings. No special magistrate hearing shall be set for sooner than ten calendar days from the date of service of the notice of violation. Minutes shall be kept of all hearings by the special magistrate(s) and all hearings and proceedings shall be open to the public. The City Manager shall provide clerical and administrative personnel as may be reasonably required by the special magistrate(s) for the proper performance of their duties. (b) Each case before the special magistrate(s) shall be presented by the City Attorney or his or her designee and/or by the code enforcement manager or his or her designee. If the city prevails in prosecuting a case before the special magistrate(s), it shall be entitled to recover all costs incurred in prosecuting the case before the special magistrate(s) and such costs may be included in the lien authorized herein. (c) The special magistrate shall proceed to hear the cases on the agenda for that day. If the alleged violator has been duly notified of the hearing, the hearing may proceed in the absence of the named violator. All testimony shall be under oath and shall be recorded. The special magistrate shall take testimony from the Code Enforcement Officer, the alleged violator, and any other witnesses who have personal knowledge concerning the alleged violation. Documentary evidence may be presented in support of or in defense of the charge. Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern the proceedings. In order to render an order finding the violator guilty, the special magistrate must find that a preponderance of the evidence indicates that the named violator was responsible for the violation as alleged. (d) At the conclusion of the hearing, the special magistrate shall issue an order containing findings of fact, based on evidence of record, and conclusions of law. The order of the special magistrate may include a notice that it must be complied with by a specified date, and that a fine may or will be imposed and, under the conditions specified in § 2-88(a) below, the cost of repairs may be included along with the fine if the order is not complied with by that date. A certified copy of the order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the special magistrate shall issue an order acknowledging compliance that shall be recorded in the public records. A special magistrate hearing is not required to issue such an order acknowledging compliance. (e) If a repeat violation is found, the Code Enforcement Officer shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The Code Enforcement Officer, upon notifying the violator of the repeat violation, shall notify the special magistrate, if applicable, and request a hearing. The special magistrate, through his or her clerical staff(s), shall schedule a hearing and shall provide notice of the hearing as required by this § 2-85. The case may be presented to the special magistrate even if the repeat violation has been corrected prior to the special magistrate hearing, and the notice shall so state. If the repeat violation has been corrected, the special magistrate retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay the costs as determined by the special magistrate. (Ord. 69-89, 10-16-1989; Ord. 52-90, 7-16-1990; Ord. 80-92, 12-14-1992; Ord. 44-94, 8-22-1994; Ord. 12-96, 3-11-1996; Ord. 30-96, 6-10-1996; Ord. 50-96, 9-24-1996; Ord. 40-05, 3-21-2005) (Ord. 80-92, 12-14-1992; Ord. 44-94, 8-22-1994; Ord. 12-96, 3-11-1996; Ord. 30-96, 6-10-1996; Ord. 50-96, 9-24-1996; Ord. 40-05, 3-21-2005) (Ord. 80-92, 12-14-1992; Ord. 12-96, 3-11-1996; Ord. 50-96, 9-24-1996; Ord. 40-05, 3-21-2005) (Ord. 50-80, § 7, 9-22-1980; Ord. 6-81, § 3, 2-23-1981; Ord. 75-82, § 1, 11-1-1982; Ord. 84-86, § 1, 11-17-1986; Ord. 69-89, 10-16-1989; Ord. 52-90, 7-16-1990; Ord. 80-92, 12-14-1992; Ord. 44-94, 8-22-1994; Ord. 12-96, 3-11-1996; Ord. 50-96, 9-24-1996; Ord. 40-05, 3-21-2005) (Ord. 69-89, 10-16-1989; Ord. 80-92, 12-14-1992; Ord. 12-96, 3-11-1996; Ord. 30-96, 6-10-1996; Ord. 50-96, 9-24-1996; Ord. 7-97, 2-24-1997; Ord. 40-05, 3-21-2005; Ord. 55-07, 4-30-2007)

Cape Coral Code of Ordinances § 2-87 Powers.

§ 2-87 - Powers. The special magistrate shall have the power to: (a) Adopt rules for the conduct of its hearings; (b) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the city's Police Department, Lee County sheriff or an authorized process server; (c) Subpoena evidence to its hearings; (d) Take testimony under oath; and (e) Issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance. (Ord. 80-92, 12-14-1992) (Ord. 69-89, 10-16-1989) (Ord. 50-80, § 8, 9-22-1980; Ord. 75-82, § 1, 11-1-1982)

Cape Coral Code of Ordinances § 2-88 Administrative fines.

§ 2-88 - Administrative fines. (a) The special magistrate, upon notification by the Code Enforcement Officer that a previous order of the special magistrate has not been complied with by the set time, or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified by this section for each day the violation continues past the date set by the special magistrate for compliance or, in the case of a repeat violation, for each day the repeat violation continues beginning with the date the repeat violation is found to have occurred by the Code Enforcement Officer. In addition, if the violation is a violation described in § 2-85(i) above, the special magistrate shall notify the city, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. Making the repairs does not create a continuing obligation on the part of the city to make further repairs or to maintain the property and does not create any liability against the city for any damages to the property if the repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this division, a hearing shall not be necessary for issuance of the order imposing a fine. If, after due notice and hearing, the special magistrate finds a violation to be irreparable or irreversible in nature, the special magistrate may order the violator to pay a fine as specified in subsection (b) below. (b) The fine imposed pursuant to this section shall not exceed $1,000 per day for a first violation and shall not exceed $5,000 per day for a repeat violation and, in addition, may include all costs of repairs pursuant to subsection (a) above, and the city's cost of enforcing its code. However, if the special magistrate finds the violation to be irreparable or irreversible in nature, the special magistrate may impose a fine not to exceed $15,000 per violation, plus the city's costs of repairs, if any, and costs of enforcement. (c) In determining the amount of the fine, the special magistrate shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. (d) The special magistrate may reduce a fine imposed pursuant to this section. (Ord. 44-94, 8-22-1994; Ord. 12-96, 3-11-1996; Ord. 50-96, 9-24-1996; Ord. 40-05, 3-21-2005) (Ord. 69-89, 10-16-1989; Ord. 44-94, 8-22-1994; Ord. 40-05, 3-21-2005) (Ord. 69-89, 10-16-1989; Ord. 80-92, 12-14-1992; Ord. 12-96, 3-11-1996; Ord. 50-96, 9-24-1996; Ord. 71-99, § 1, 1-18-2000; Ord. 40-05, 3-21-2005)

Cape Coral Code of Ordinances § 2-88.5 Procedure to request that a fine or lien be reduced; conditions and criteria therefor.

§ 2-88.5 - Procedure to request that a fine or lien be reduced; conditions and criteria therefor. (a) The legal owner of property against which a fine or lien has been imposed by the City, whether it be the violator or a subsequent purchaser of the property, or an enforcing department, may seek a satisfaction of such fine or lien with less than full payment thereof. (b) The legal owner or enforcing department may seek such satisfaction: (1) Upon motion to the special magistrate as prescribed by subsection (d); or (2) Upon joint motion between the enforcing department and the legal owner as prescribed by subsection (e). (c) No such motion shall be granted by the special magistrate unless: (1) All ad valorem property taxes, special assessments, city utility charges and other government-imposed liens against the subject real property have been paid; and (2) All City Code violations as related to the order rendered by the special magistrate at the initial violation hearing have been corrected under necessary permits issued therefor. (d) Reduction upon motion. (1) Either party may move for a reduction in fine or lien as ordered from a violation hearing. Said motion shall be filed with the City Manager, or the City Manager's designee, a copy of which shall be furnished by the movant to the other party and to the City Attorney's Office. (2) A hearing shall be convened by the City Manager, or the City Manager's designee, before the special magistrate, with notice pursuant to Section 2-85 being transmitted to both the legal owner and the enforcing department. (3) At the hearing, the movant shall have the opportunity to advise the special magistrate of the mitigating factors set forth herein. (4) The enforcing department shall appear at said hearing and advise the special magistrate as to whether compliance has been achieved at the subject property as related to the order rendered by the special magistrate at the violation hearing, and in addition shall advise as to whether all ad valorem property taxes, special assessments, city utility charges and other government-imposed liens against the subject real property have been paid, and whether the legal owner is personally indebted to the City for any reason. (5) At the conclusion of the hearing, the special magistrate shall render his or her findings of facts and conclusions of law orally based on evidence entered into the record. These findings shall be reflected in a written order, copies of which shall be transmitted to the respondent and the enforcing department by the special magistrate through its clerical staff within ten business days after the hearing. (6) The special magistrate shall, in addition to granting or denying the request for reduction in fines and liens, also assess the City's administrative costs for the hearing in the order, to be paid by the moving party. Such administrative costs shall be approved by Resolution of the City Council. (e) Reduction upon joint motion. (1) If an agreement for reduction in a fine or lien has been reached between an enforcing department and a legal owner of the subject property, a joint motion signed by representatives for both parties may be filed with the special magistrate through its clerical staff, along with a proposed agreement outlining the terms of reduction and/or vacating any fines or liens, as applicable. (2) The enforcing department shall determine whether compliance have been achieved as related to the order rendered by the special magistrate at the violation hearing, determine whether all ad valorem property taxes, special assessments, city utility charges and other government-imposed liens against the subject real property have been paid, and whether the legal owner is personally indebted to the City for any reason. (3) Upon receipt of the joint motion and proposed agreement, the special magistrate shall ratify and approve the agreement for the reduction in a fine or lien amount and assess the City's administrative costs. Such administrative costs shall be approved by Resolution of the City Council. (f) If the subject property for which a fine or lien reduction is being considered is owned by a government or quasi-government entity, the special magistrate may reduce such fine or lien even if the violation has not been corrected. (g) Fine or lien reduction criteria. In evaluating a request for a fine or lien to be reduced, the special magistrate shall consider the following: (1) The gravity of the violation; (2) The time in which it took the violator to come into compliance; (3) Any prior or subsequent code violations on the subject property during the current owner's time of ownership; (4) Whether the owner requesting the reduction took proactive action to correct the violations for which the fine or lien was imposed; (5) Any actual costs expended by the owner to cure the violation(s) as provided by supporting documentation, including payment of city licensing or permit fees; and (6) Any other factor which may show a hardship on the owner requesting the reduction or which may provide a reasonable basis for the requested relief. (h) Liens or fine amounts for hard costs incurred by the City, including, but not limited to, lot clearing, board-up, demolition, and any costs incurred by a city contractor to cure a violation, shall not be reduced by the special magistrate. (i) If the applicant fails to timely pay the reduced fine or lien amount, and the City's administrative costs, in accordance with the terms approved by a special magistrate order under Subsection (d), or agreement under Subsection (e), the fine or lien amount shall revert back to the original amount. (j) The special magistrate's consideration of and determination on whether to forgive or reduce a code compliance fine/lien is an administrative decision as to whether to accept less for a debt owed to the City, not a quasi-judicial one. The property owner/code violator has already received due process through the special magistrate code compliance proceeding and had appellate rights through that process. The procedures in this Section 2-88.5 are not intended to create additional substantive or procedural due process rights. (Ord. 28-25, § 2, 6-4-2025)

Cape Coral Code of Ordinances § 2-89 Liens.

§ 2-89 - Liens. (a) A certified copy of an order imposing a fine, or a fine plus repair costs or enforcement costs or both, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any real or personal property owned by the violator. (b) Upon petition to the Circuit Court, the order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but shall not be deemed otherwise to be a judgment of a court except for enforcement purposes. Unless otherwise ordered by the special magistrate, a fine imposed pursuant to this division shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the City and the City may execute a satisfaction or release of lien entered pursuant to this section. (Ord. 80-92, 12-14-1992; Ord. 44-94, 8-22-1994; Ord. 12-96, 3-11-1996; Ord. 50-96, 9-24-1996; Ord. 71-99, § 1, 1-18-2000; Ord. 40-05, 3-21-2005; Ord. 55-07, 4-30-2007)

Cape Coral Code of Ordinances § 2-90 Foreclosure.

§ 2-90 - Foreclosure. (a) After three months from the filing of any lien which remains unpaid, the special magistrate may authorize the City Attorney to foreclose on the lien or sue to recover a money judgment for the amount of the lien, plus accrued interest. No lien created pursuant to this section may be foreclosed on real property which is homestead protected from claims of creditors by the Florida Constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under Article X, § 4(a), of the Florida Constitution. (b) In any action to foreclose on a lien, the prevailing party is entitled to recover all costs, including reasonable attorneys fees, that it incurs in the foreclosure. The city shall be entitled to collect all costs incurred in recording and satisfying a valid lien. (Ord. 80-92, 12-14-1992; Ord. 12-96, 3-11-1996; Ord. 50-96, 9-24-1996; Ord. 40-05, 3-21-2005) (Ord. 69-89, 10-16-1989; Ord. 80-92, 12-14-1992; Ord. 44-94, 8-22-1994; Ord. 40-05, 3-21-2005) (Ord. 55-07, 4-30-2007)

Cape Coral Code of Ordinances § 2-91 Duration of lien.

§ 2-91 - Duration of lien. (a) No lien shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. (b) The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. (c) No lien created pursuant to the provisions of this article may be enforced on real property which is a homestead under Art. X, § 4 of the Florida State Constitution. (Ord. 50-80, 9-22-1980; Ord. 75-82, 11-1-1982; Ord. 43-85, 6-3-1985; Ord. 118-85, 11-18-1985; Ord. 84-86, § 1, 11-17-1986; Ord. 80-92, 12-14-1992; Ord. 40-05, 3-21-2005)

Cape Coral Code of Ordinances § 2-92 Appeal.

§ 2-92 - Appeal. (a) An aggrieved party including the City Council may appeal a final administrative order of the special magistrate to the Circuit Court. A notice of appeal shall be filed with the Department of Community Development with a copy to the Circuit Court, within 30 days of the execution of the order to be appealed. (b) An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the special magistrate. (c) All appeals shall be governed by the Florida Rules of Appellate Procedure. (Ord. 50-80, 9-22-1980; Ord. 75-82, 11-1-1982; Ord. 80-92, 12-14-1992; Ord. 12-96, 3-11-1996; Ord. 50-96, 9-24-1996; Ord. 40-05, 3-21-2005) (Ord. 80-92, 12-14-1992; Ord. 12-96, 3-11-1996; Ord. 50-96, 9-24-1996; Ord. 40-05, 3-21-2005) (Ord. 80-92, 12-14-1992) (Ord. 55-07, 4-30-2007)

Cape Coral Code of Ordinances § 2-93 Reserved.

Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH2AD_ARTVBOCO_DIV3COENFetched: 11/4/2026