§ 29-1. Civil infractions.

(a)

Definitions. For purposes of this section, the following definitions shall apply:

Code enforcement officer means any designated employee or agent of the county whose duty it is to enforce codes and ordinances enacted by the county. Provided, however, nothing herein shall be construed to authorize any person designated as a code enforcement officer to perform any function or duties of a law enforcement officer other than as specified. A code enforcement officer shall not make physical arrests or take any person into custody and, except for fire inspectors, shall be exempt from requirements relating to the special risk class of the Florida retirement system, bonding and the criminal justice standards and training commission, as defined and required by general law.

County shall mean the unincorporated areas of Jackson County, or the administration of the County of Jackson County, Florida, or any municipalities within Jackson County that have entered interlocal agreements with the board of county commissioners for the provision of code enforcement services.

Law enforcement officer means any person who is elected, appointed or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the state.

Repeat violation means a violation of a provision of a code or ordinance by a person previously found to have violated the same provision within five years prior to the current violation by the code enforcement board or the code enforcement board established by Jackson County Ordinance, as amended, or the county court of Jackson County, Florida.

(b)

Authority to issue citations. Any law enforcement officer and/or code enforcement officer is hereby empowered to issue citations to any person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a violation of a duly enacted Jackson County code or ordinance.

(c)

Ordinances enforced and penalties assessed. All Jackson County codes and/or ordinances may be enforced by this section by citation to the appropriate county court of the county, except where prohibited by law or statute. Violations of codes and ordinances shall carry a fine as provided from time to time by resolution of the board. However, in no event shall a fine exceed $500.00 per violation.

(d)

Violations procedure.

(1)

A code enforcement officer or law 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 a duly enacted Jackson County code or ordinance. However, prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. 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 the code enforcement 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.

(2)

A code enforcement officer or law enforcement officer shall issue a notice of violation in a form prescribed by the county and it shall contain:

a.

The date and time of issuance.

b.

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

c.

The date and time the civil infraction was committed.

d.

The facts constituting reasonable cause.

e.

The number or section of the code or ordinance violated.

f.

The name and authority of the code enforcement officer or law enforcement officer.

g.

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

h.

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

i.

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

j.

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 citations, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty.

(3)

After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with the county court.

(4)

Upon a finding of a violation at a contested hearing in county court, the county court judge shall have the authority to impose a civil fine not to exceed $500.00.

(5)

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 F.S. § 775.082 or F.S. § 775.083.

(Ord. No. 06-22, § 1, 10-24-2006)