§ 2-208. Procedure.

(a)

Pre-issuance procedure. When a Code Enforcement Officer has reasonable cause, based upon personal investigation, to believe a Violator has committed or is responsible for a violation of any of the City's codes or ordinances, such Officer shall, before issuing a citation, provide a written warning notice of the violation to the Violator that:

(1)

States the number or section of the code or ordinance violated along with a short description of the violation; and

(2)

Gives the Violator a reasonable time period of thirty (30) days or less to correct the violation.

If, upon personal investigation, a Code Enforcement Officer finds that the Violator has not corrected the violation within the time period allowed, the Officer may issue a citation to the Violator.

(b)

Exceptions to pre-issuance procedure. A Code Enforcement Officer does not have to provide a Violator with a reasonable time period to correct the violation prior to issuing a citation (and thus may immediately issue a citation) if:

(1)

The violation is a "repeat violation" as defined in § 162.04(5), Florida Statutes;

(2)

The Code Enforcement Officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare;

(3)

The violation is of an itinerant or transient nature; or

(4)

The violation is irreparable or irreversible.

(c)

Notifying the Violator. A warning notice or citation may be issued as follows:

(1)

For natural persons:

a.

Personal service on the Violator;

b.

Leaving one (1) copy at the Violator's usual place of abode with any person residing therein who is fifteen (15) years of age or older and informing the person of the contents; or

c.

By registered or certified mail, return receipt requested, to the Violator's usual place of abode or any other address on file for the Violator with the City, the Polk County Property Appraiser's Office or the Polk County Tax Collector's Office.

(2)

For business entities or natural persons doing business:

a.

Personal service on a director, member, partner or registered agent of a business entity Violator, or personal service on the Violator if a sole proprietorship;

b.

Leaving one (1) copy at the Violator's place of business, during regular business hours, with an employee and informing the employee of the contents; or

c.

By registered or certified mail, return receipt requested, to the Violator's place of business, the address for the violator's registered agent if the Violator is a business entity, or any other address on file for the Violator with the City, the Polk County Property Appraiser's Office or the Polk County Tax Collector's Office.

Notwithstanding anything herein to the contrary, for violations involving a motor vehicle, a warning notice or citation may be issued to a Violator by placing a copy of the warning notice or citation in a conspicuous place near the vehicle's windshield or, for a vehicle without a windshield, near the vehicle's dash.

(d)

State law violation to willfully refuse to sign citation. Pursuant to § 162.21(6), Florida Statutes, any person who willfully refuses to sign and accept a citation issued by a Code Enforcement Officer shall be guilty of a misdemeanor of the second degree, punishable as provided in § 775.082, Florida Statutes, or § 775.083, Florida Statutes.

(e)

Post-issuance procedure. Within five (5) days after issuing a citation to a Violator, the Code Enforcement Officer shall deposit the original and one (1) copy of the citation with the Clerk of the County Court, though the failure of the Code Enforcement Officer to do so shall not be considered grounds for dismissal.

(Ord. No. O-09-38, § 1, 9-28-09)