§ 2-66. Rehearing of code enforcement special master action.  


Latest version.
  • (a)

    Either the code enforcement officer or the violator may request a rehearing of the decision of the special master. A request for rehearing shall be made in writing, and shall be delivered to the city clerk within ten (10) days of the date that the order of the special master is mailed pursuant to F.S. ch. 162. A request for rehearing shall be based only on the grounds that the decision was contrary to the evidence or that the hearing involved an error on the ruling of law, which was fundamental to the decision of the special master. The written request for rehearing shall specify the precise reasons therefore.

    (b)

    The special master shall make a determination as to whether to rehear the matter. If the special master determines a rehearing should be granted, the special master may:

    (1)

    Schedule a hearing where the parties will be given the opportunity to present limited evidence or argument as to the specific reasons for which the rehearing was granted; or

    (2)

    Modify or reverse the prior order, without receiving further evidence, providing the change is based on a finding the prior decision of the special master resulted from a ruling on a question of law which the special master has determined to be an erroneous ruling.

    (c)

    Until the request for rehearing has been denied or otherwise disposed of, the order of the special master shall be stayed, and the time for taking an appeal, pursuant to section 2-67 shall not commence to run until the date upon which the special master has finally disposed of the request for rehearing by denying the same or otherwise.

(Ord. No. O-04-13, § 1(Exh. A), 5-24-04; Ord. No. O-14-03, § 1, 1-27-14)