Sec. 609.104. - Procedures.
(a) A Code Enforcement Officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of the Ordinance Code and that the County Court will hear the charge. Personal investigation may include receipt of at least one sworn affidavit from each of at least two unrelated adult witnesses setting forth facts establishing, either separately or together with other information known to the officer, the reasonable cause referenced above.
(b) Prior to issuing a citation, a Code Enforcement Officer shall provide notice to the person that the person has violated a provision of the Ordinance Code or an ordinance.
(c) The Code Enforcement Officer shall establish a reasonable time period, not to exceed 30 days, within which the person must correct the violation.
(d) If, after personal investigation, the Code Enforcement Officer finds that the person has not corrected the violation within the time period, the officer may issue a citation to the person who has committed the violation. Personal investigation may include receipt, from an adult witness, of a sworn affidavit setting forth facts sufficient to establish that the violation has not been corrected.
(e) A Code Enforcement Officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. Included among violations which are irreparable or irreversible are:
(1) Those in which work has been done without the required permit.
(2) Those in which the activity giving rise to the violation is of such limited duration that written notice and an opportunity to correct are impractical.
(f) After issuing the citation to the alleged violator, the Code Enforcement Officer shall deposit the original and one copy of the citation with the County Court.
(g) A citation issued by a Code Enforcement Officer shall contain:
(1) The date and time of issuance.
(2) The name and address of the person to whom the citation is issued, except in the case of violations of Section 656.411, Ordinance Code, in which case, the vehicle tag number shall be used unless the owner or person in the care, custody and control of the vehicle is present to accept the citation and provide his or her name and address.
(3) The date and time the civil infraction was committed.
(4) The facts constituting reasonable cause.
(5) The number or Section of the Ordinance Code which has been violated.
(6) The name and authority of the Code Enforcement Officer.
(7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation.
(8) The applicable civil penalty if the person elects to contest the citation.
(9) The applicable civil penalty if the person elects not to contest the citation.
(10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgement may be entered against the person for an amount up to the maximum civil penalty.
(h) A person cited for a civil infraction shall elect one of the following within ten calendar days of the date of receipt of the citation.
(1) To pay the civil penalty to the Tax Collector or to the Clerk of Court (as specified on the citation) in accordance with the schedule set forth in Section 609.109, or
(2) To obtain a court date from the office of the Clerk of the County Court.
(i) If a person cited elects to obtain a court date but fails to appear in court, he shall be deemed to have admitted the violation and to have waived his right to a hearing on the issue of the commission of the infraction.
(j) The person to whom the citation is issued shall be provided a copy of the citation through one of the following methods:
(1) Certified mail, return receipt requested, provided if such notice is sent under this paragraph to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the local government by such owner and is returned as undeliverable, unclaimed or refused, notice may be provided by posting as follows:
(i) Such notice may be posted at least ten days 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 primary municipal government office; and
(ii) 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 locations of its posting; and by first class mail directed to the addresses furnished to the local government with a properly executed proof of mailing or affidavit confirming the first class mailing;
(2) Hand delivery by the sheriff or other law enforcement officer, Code Enforcement Officer, or other person designated by the local governing body;
(3) Leaving the notice at the alleged violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice;
(4) In the case of commercial premises, leaving the notice with the manager or other person in charge; or
(5) In the case of citations for violation of Section 656.411, Ordinance Code, by leaving a copy of the citation on the vehicle in a conspicuous location.
(6) Municipal Code Compliance Division. The Municipal Code Compliance Division is not required to send a citation via Certified mail, return receipt requested, unless required by Florida law or the Jacksonville Ordinance Code as it relates to emergencies, notices to vacate, unsafe properties and hearings. If the violator is not available at the property where the Code Compliance Officer observes the violation, the Municipal Code Compliance Division shall send a citation via First Class Mail, and follow the posting, affidavit of posting, affidavit of first class mail and hand delivery procedures set forth in subsections (1)(i),(1)(ii), and (2)—(5) above.
Where notice through the above methods is unsuccessful, a letter shall be sent to the alleged violator giving the alleged violator ten calendar days from the date of such letter to telephone and arrange to meet with the Code Enforcement Officer at such officer's office so as to permit the delivery of such citation. Failure to contact the Code Enforcement Officer shall be deemed a willful refusal to sign and accept a violation with penalties as provided for in Section 609.105.
(k) For commercial properties where the alleged violator as provided in (b) above is a tenant or lessee and not the property owner, in addition to providing the notice of violation to the alleged violator, the Code Enforcement Officer shall also provide a courtesy copy of the notice of violation, as well as a courtesy copy of a second notice of violation if not corrected under (d) above, to the property owner in a method as provided by (j) above to the alleged violator. This notice shall not confer any additional rights to the property owner or the person who has committed a civil infraction and is only given for informational purposes. Failure of the Code Enforcement Officer to provide the notice of violation to the property owner as provided above shall not create any defense or other rights to either the property owner or the alleged violator so long as reasonable steps are taken by the Code Enforcement Officer to obtain the address of property owner for notification of the potential violation in accordance with this Section.
(Ord. 93-553-303, § 1; Ord. 96-575-332, § 2; Ord. 2002-1012-E, § 2; Ord. 2006-673-E, § 2; Ord. 2019-467-E, § 1; Ord. 2023-613-E, § 1)
