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Ordinance Amending Code Enforcement Procedures to Promote Efficiency and to Reduce Costs
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BRIEF OVERVIEW
Background
The County Attorney's Office drafted the proposed ordinance upon the request of the Code Enforcement Department.
The Code Enforcement Department, pursuant to the direction given by the BOCC in Resolution 2025-67, wishes to amend certain ordinances that it enforces for purposes of eliminating unnecessary spending. To that end, the proposed ordinance, if enacted, will: (1) empower the special master clerk, as opposed to the special master, to enter default orders against non-participating defendants; (2) ensure the due process rights of non-participating defendants by which they can apply to the special master to vacate defaults entered against them upon good cause shown; (3) authorize the BOCC to retain the services of debt collection agencies to ramp-up the County's code enforcement cost recovery efforts; (4) repeal the County's "zombie" cable television franchise ordinance; and (5) authorize the BOCC to enact by resolution programs that encourage voluntary code enforcement compliance.
Special Master Default Processes
Currently, Hernando County Code ?? 2-51(g) and 2-52 provide that a code enforcement defendant has 20 days after being served with a civil violation notice to request an administrative hearing at which he or she can contest it before a special master. The failure of a defendant to make a timely request for an administrative hearing waives the defendant's right to contest the civil violation notice, and that, in such case, a special master may enter a default final order imposing a civil penalty against the defendant in an amount up to the applicable, maximum civil penalty.
The Code Enforcement Department has identified several flaws in the default process. First, the above-cited ordinance's requirement that a special master sign the default order delays the entry of the default orders and requires the Department t...
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