§ 2-83. Citations with appeal to code enforcement special master.

(a)

Citation authorization. A code enforcement officer or law enforcement officer of the City of Bradenton Beach is authorized to issue a citation to a person when, based upon personal observation and investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of the City of Bradenton Beach Code of Ordinances, and the code enforcement special master can hear the charge. Citations issued by law enforcement officers under this division shall be limited to violations of all ordinances or codes regulating or related to noise, animals and open containers. Citations may be issued by mail by either the code enforcement officer or law enforcement officer.

(b)

Reasonable time to correct violation. Except as set forth below in subsection (c), prior to issuing a citation, a code enforcement officer or law enforcement officer shall provide notice to the person that the person has committed a violation of code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no fewer than five days and no more than 30 days. If the citation is served by mail, then the violation shall be no later than 30 calendar days of the citation being mailed to the violator. If, upon personal investigation, a code enforcement officer or law enforcement officer finds that the person has not corrected the violation, the officer may issue a citation or notice to appear before the special master. Such citation or notice may be issued by mail by either the code enforcement officer or law enforcement officer.

(c)

Exceptions. A code enforcement officer or law enforcement officer does not have to provide a violator with a reasonable time to correct a violation and may require immediate compliance, or may immediately issue a citation if:

(1)

A repeat violation is found; or

(2)

The officer has reason to believe that the violation is of an itinerant or a transient nature that takes place on a particular parcel of property for a period of less than five days which will be discontinued or moved to another parcel of property; or

(3)

The violation presents a serious threat to public health, safety or welfare; or

(4)

The violation resulted in irreparable harm or is irreversible.

(d)

Citation form. A code enforcement officer or law enforcement officer may issue a citation in a format approved by the City Commission of the City of Bradenton Beach, which shall contain at a minimum, the following information:

(1)

The date and time of issuance of the citation for the infraction committed;

(2)

The name and address of the person to whom the citation is issued;

(3)

The facts constituting reasonable cause;

(4)

The code or ordinance violated;

(5)

The name and title or authority of the code enforcement officer or law enforcement officer;

(6)

The procedure for the person to follow in order to pay the civil penalty or contest the citation;

(7)

The applicable civil penalty if the person elects to contest the citation;

(8)

The applicable civil penalty if the person elects not to contest the citation; and

(9)

A conspicuous statement that an order can be entered against the person for an amount up to the maximum civil penalty if adjudged or adjudicated guilty, or that a court action may be brought against the violator.

In addition to the maximum civil penalty, nothing contained in this subsection, shall be construed to prohibit, prevent or limit the city from seeking, special master fees and costs, prosecution fees and costs, filing fees and costs, and any administrative citation processing fees incurred in a special master or court proceeding under this division.

(e)

Required copies. After issuing the citation to an alleged violator, a code enforcement officer or law enforcement officer shall forward the original to the city clerk, one copy shall be forwarded to the chief code enforcement officer or their assign, one copy shall be provided to the alleged violator, and one copy may be retained by the officer.

(Ord. No. 08-397a, § 2, 11-6-2008; Ord. No. 17-489 , § 2, 10-19-2017)