HomeMy WebLinkAbout25-013 ORDINANCE NO. 25-013
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS FOR
ST. LUCIE COUNTY, FLORIDA AMENDING CHAPTER 1, ARTICLE II, OF
THE ST. LUCIE COUNTY CODE ENTITLED "CODE ENFORCEMENT";
AUTHORIZING CODE ENFORCEMENT MATTERS TO BE HEARD BY A
SPECIAL MAGISTRATE; DELEGATING AUTHORITY TO THE COUNTY
ATTORNEY TO APPOINT A SPECIAL MAGISTRATE TO HEAR CODE
ENFORCEMENT MATTERS; PROVIDING FOR THE QUALIFICATIONS
AND JURISDICTION OF THE SPECIAL MAGISTRATE; PROVIDING FOR
THE JURISDICTION THE CODE ENFORCEMENT BOARD; PROVIDING
FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY
AND APPLICABILITY; PROVIDING FOR FILING WITH THE
DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR ADOPTION.
RECITALS
WHEREAS, Chapter 162. Florida Statutes authorizes counties to establish administrative
boards with authority to impose administrative fines and other noncriminal penalties to provide
an equitable, expeditious, effective, and inexpensive method of enforcing any codes and
ordinances in force in where pending or repeat violations continue to exist: and
WHEREAS, Chapter 162, Florida Statutes provides that counties may adopt code
enforcement systems which give an appointed special magistrate(s) the authority to hold
hearings and assess fines against violators of county codes and ordinances: and
WHEREAS, the St. Lucie County Board of County Commissioners finds that using a
special magistrate in code enforcement hearings is an economical and efficient method of
enforcing County codes and ordinances: and
WHEREAS, the St. Lucie County Board of County Commissioners finds that amending
the St. Lucie County Code to provide the creation of a special magistrate position to adjudicate
code enforcement matters and to limit the jurisdiction of the Code Enforcement Board will be the
most economical and efficient process for hearing cases related to alleged violations of the St.
Lucie County Code: and
WHEREAS, the St. Lucie County Board of County Commissioners has determined that
the health. safety, and welfare of its citizens and property owners is best served by effective
enforcement of County codes.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St.
Lucie County, Florida:
SECTION 1. RATIFICATION OF RECITALS. The foregoing Recitals are hereby ratified
and confirmed as true and correct and are hereby made a part of this Ordinance.
SECTION 2. Chapter 1 , General Provisions, Article II, Code Enforcement is amended as
follows (underline indicates an addition and indicates a deletion):
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5505532 07/17/2025 10:51:35 AM
OR BOOK 5341 PAGE 1308-1321 Doc Type ORDN
Page 1 of 14 RECORDING: $120.50
I
DIVISION 2. CODE ENFORCEMENT BOARD
Sec. 1-71. Creation.
(a) Pursuant to the provisions of the Local Government Code Enforcement Boards Act, F.S.
Ch. 162, pt. I (F.S. §162.01 et seq.), an-administrative board to be known as the"St. Lucie
County Code Enforcement Board" is hereby established. the St. Lucie County Board of
County Commissioners hereby adopts this Section to:
1. Establish a Special Magistrate position and authorize the Special Magistrate to hold
hearings and assess fines against violators of St. Lucie County codes and ordinances
and
2. To limit the jurisdiction of the Code Enforcement Board to residential cases brought
before the Enforcement Board prior to December 31, 2025.
(b) There is a division within the Planning and Development Services Department to be
known as the Division of Code Compliance which shall have all authority of code
enforcement under Florida law. The terms code enforcement and code compliance are
interchangeable where referenced in other portions of the code.
(c) Provisions supplemental. The enforcement of codes pursuant to this Section is an
additional and supplemental means authorized pursuant to F.S. Ch. 162, part II, to obtain
compliance with local codes. Nothing contained herein shall prohibit the County from
enforcing its codes by any other lawful means.
Sec. 1-72. Definitions.
The following words, terms, and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
works director.
Code inspector or code officer means any authorized agent or employee of the County
whose duty it is to ensure code compliance.
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Repeat violation means a violation of a provision of a code or ordinance by a person who
has been previously found through a code enforcement board or any other quasi-judicial or
judicial process to have violated or who has admitted violating the same provision within five (5)
years prior to the violation, notwithstanding the violations occurring at different locations.
Special Magistrate shall mean an individual qualified under this Section with delegated
authority to hear and decide alleged violations of the St. Lucie County Code.
Violator shall mean the person or entity legally responsible for a code violation, including,
but not limited to; owners and lessees of property on which a violation has occurred.
Page 2 of 14
Sec. 1-73. Organization
(1) Code Enforcement Board.
(a) Composition; qualification of members. Until December 31, 2025, The Board of County
Commissioners shall appoint, by resolution, a seven-member code enforcement board.
The Board of County Commissioners may appoint up to two alternate members to serve
on the enforcement board in the absence of enforcement board members. Members or
alternate members of the enforcement board shall be residents of the County.
Appointments shall be made in accordance with applicable laws and ordinances, on the
basis of experience and interest in the fields of zoning and building control. The
membership of the enforcement board shall, whenever possible, include an architect, a
businessman, an engineer, a general contractor, a subcontractor, and a realtor.
(b) Appointment of members; terms; vacancies; failure to attend meetings.
1. All appointments shall be made for terms of three years. Each one of the five County
Commissioners shall individually appoint one member of the enforcement board. The
Board of County Commissioners shall collectively appoint the other two members of
the enforcement board. Enforcement board members collectively appointed by the
Board of County Commissioners shall not serve more than two consecutive full three-
year terms. Enforcement board members individually appointed by one county
commissioner may serve more than two consecutive terms. However, when a county
commissioner leaves office, his successor may replace the member appointed by his
predecessor with an individual of his choosing who shall complete the unexpired term
of the replaced member. At the completion of the unexpired term, the county
commissioner shall determine whether to reappoint the individual or replace him with
another individual of his choosing. If the Board of County Commissioners determines
that alternate members are necessary to the proper functioning of the enforcement
board the Board of County Commissioners shall collectively appoint one or two
alternate members who shall not serve more than two consecutive full three-year
terms. If two alternate members are appointed, service on the enforcement board shall
be alternated between the two as needed.
2. Appointments to fill any vacancy on the enforcement board shall be for the remainder
of the unexpired term of office. If any member fails to attend two of three successive
meetings without cause and without prior approval of the chairperson, the
enforcement board shall declare the member's office vacant. Any member of the
enforcement board may be removed for cause by the Board of County Commissioners
at any time; provided, however, that before such removal such member shall be
provided written charges and given an opportunity to appear in his defense at a public
meeting. Upon removal of a member or vacancy created upon a member's resignation
or declaration of the enforcement board, the Board of County Commissioners shall
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promptly fill the vacancy if the member was one of the two appointed collectively by
the Board of County Commissioners. If the member was individually appointed by one
county commissioner, that commissioner shall promptly fill the vacancy.
(c) The members of the enforcement board shall elect a chairperson, who shall be a voting
member, from among the members of the board. The presence of four or more members
shall constitute a quorum of the enforcement board. Members shall serve without
compensation, but may be reimbursed for such travel, mileage, and per diem expenses
as may be authorized by the Board of County Commissioners.
(d) The attorney for the Board of County Commissioners shall present cases before the
enforcement board. Private counsel shall be retained to represent the enforcement board.
(e) Effective August 15, 2025, the jurisdiction of the Code Enforcement Board to hear and
adjudicate code enforcement matters is limited to residential matters brought forth by the
County through December 31, 2025. As of January 1, 2026, the Enforcement Board
requirements and authority set forth in this section no longer apply.
(2) Special Magistrate.
(a) Creation. There is created the position of Special Magistrate as authorized by F.S.
Chapter 162.
(b) Appointment. The County Attorney is authorized to appoint a Special Magistrate.
(c) Qualifications. The Special Magistrate shall be:
i. A retired Florida Judge; or
ii. A member of the Florida Bar in good standing for a minimum of (5) years.
(d) Jurisdiction. The Special Magistrate shall have the authority to hear and decide cases
involving alleged violation of:
1. Any County codes, land development regulations, or other ordinances of the County
2. Any condition of any development order.
3. Any statute, code, rule, or regulation incorporated in the St. Lucie County Code by
reference.
(3) The authority granted herein is not exclusive and shall not prohibit the County from enforcing
its codes by other legal means.
Sec. 1-74. Enforcement procedure.
(a) It shall be the duty of the code inspector to initiate enforcement proceedings of the various
codes. No member of the Enforcement Board shall have the power to initiate such
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enforcement proceedings. The Special Magistrate shall not have the power to initiate
such enforcement proceedings.
(b) A code inspector may not initiate enforcement proceedings for a potential violation of a
duly enacted code or ordinance by way of an anonymous complaint. A person who reports
a potential violation of a code or an ordinance must provide his or her name and address
to the respective local government before an enforcement proceeding may occur. This
paragraph does not apply if the code inspector has reason to believe that the violation
presents an imminent threat to public health, safety, or welfare or imminent destruction of
habitat or sensitive resources.
(-19-}(c) Except as provided in subsections (c) and (d} (d) and (e) of this section, if a violation
of the code is found, the code inspector shall notify the violator and give him a reasonable
time to correct the violation. Should the violation continue beyond the time specified for
correction, the code inspector shall notify the code enforcement board and request a
hearing. The code enforcement board, The County shall
schedule a hearing, and written notice of such hearing shall be hand delivered or mailed
as provided in section 1-80 to said violator. At the option of the County, enforcement
board, notice may additionally be served by publication or posting as provided in section
1-80. If the violation is corrected and then recurs, or if the violation is not corrected by the
time specified for correction by the code inspector, the case may be presented to the
enforcement board even if the violation has been corrected prior to the board hearing,
and the notice shall so state.
(e) (d) If the code inspector has reason to believe a violation or the condition causing the
violation presents a serious threat to the public health, safety, and welfare, or if the
violation is irreparable or irreversible in nature, the code inspector shall make a
reasonable effort to notify the violator and may immediately notify the enforcement board
ate-request a hearing.
(4} (e) If a repeat violation is found, the code inspector shall notify the violator but is not
required to give the violator a reasonable time to correct the violation. The code inspector,
upon notifying the violator of a repeat violation, shall
a+ request a hearing. The enforcement board, through its clerical staff County, shall
schedule a hearing and shall provide notice to said violator pursuant to section 1-80. The
case may be presented to the enforcement board even if the repeat violation has been
corrected prior to the beams hearing, and the notice shall so state. If the repeat violation
has been corrected, the enforcement board County retains the right to schedule a hearing
to determine costs and impose the payment of reasonable enforcement fees upon the
repeat violator. The repeat violator may choose to waive his rights to this hearing and pay
said costs as determined by the enforcement board.
(e)(f) If the owner of property which is subject to an enforcement proceeding before an
enforcement board, or court transfers ownership of such property between the time the
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initial pleading Notice of Violation was served and the time of the hearing, such owner
shall:
(1) Disclose, in writing, the existence and the nature of the proceeding to the prospective
transferee.
(2) Deliver to the prospective transferee a copy of the pleadings, notices, and other
materials relating to the code enforcement proceeding received by the transferor.
(3) Disclose, in writing, to the prospective transferee that the new owner will be
responsible for compliance with the applicable code and with orders issued in the code
enforcement proceeding.
(4) File a notice with the code enforcement official of the transfer of the property, with the
identity and address of the new owner and copies of the disclosures made to the new
owner, within five days after the date of the transfer.
{#)-(q) A failure to make the disclosures as provided in subsections (e) if (1), (2), and (3) of
this section before the transfer creates a refutable presumption of fraud. If the property is
transferred before the hearing, the proceeding shall not be dismissed, but the new owner
shall be provided a reasonable period of time to correct the violation before the hearing
is held.
Sec. 1-75. Calling and conduct of hearings.
(a) Upon the request of the code inspector, or at such other times as may be necessary, the
chairperson of the enforcement board may call code enforcement hearings of the
enforcement board shall be held. Hearings may also be called by written notice signed by
frequently than once every two months, but it may meet more or less often as the demand
necessitates. Minutes shall be kept of all hearings by-theand all
hearings and proceedings shall be open to the public. The Board of County
required by the enforcement board for the proper performance of its duties.
(b) Each case before the enforcement board shall be presented by the County Attorney's
Office or code enforcement administrator or his appointee compliance staff. If the County
the code enforcement administrator's appointee prevails in prosecuting a case before the
enforcement board, the Board of County Commissioner& the County shall be entitled to
recover all costs incurred in prosecuting the case before the enforcement board and such
costs may be included in the lien authorized under section 1-77.
(c) All
testimony shall be under oath and shall be recorded. The enforcement board shall take
testimony Testimony from the code inspector and alleged violator shall be taken. Formal
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rules of evidence shall not apply, but fundamental due process shall be observed and
shall govern the proceedings.
(d) At the conclusion of the hearing, the enforcement board shall issue findings of fact based
on evidence of record and conclusions of law, and shall issue an order containing findings
of fact, based on evidence of record and conclusions of law, shall be issued affording the
proper relief consistent with powers granted herein. If made by the Enforcement Board,
the finding shall be by motion approved by a majority of those members present and
voting, except that at least four members of the enforcement board must vote for an action
to be official. The order may include a notice that it must be complied with by a specified
date, and that a fine may be imposed, and, under the conditions specified in section 1-
77, the cost of repairs may be included along with the fine if the order is not complied with
by said date. A certified copy of such order may be recorded in the public records of the
County and shall constitute notice to any subsequent purchasers, successors in interest,
or assigns if the violation concerns real property, and the findings therein shall be binding
upon the violator and, if the violation concerns real property, any subsequent purchasers,
successors in interest or assigns. If an order is recorded in the public records pursuant to
this subsection and the order is complied with by the date specified in the order, the
enforcement board shall is ue an order acknowledging compliance that shall be recorded
in the public records. A hearing is not required to issue such an order acknowledging
compliance.
Sec. 1-76. Powers.
The Enforcement Board and Special Magistrate shall have the powers to:
(1) Adopt rules for the conduct of its hearings.
(2) Subpoena alleged violators and witnesses to its hearings. Subpoenas st aI4 may be
served by the sheriff of the county.
(3) Subpoena evidence to its hearings.
(4) Take testimony under oath.
(5) Issue orders having the force of law to command whatever steps are necessary to bring
a violation into compliance.
Sec. 1-77. Administrative Fines; Costs of Repair;
Liens.
(a) The enforcement board, Upon notification by the code inspector that a previous code
enforcement order of the enforcement board has not been complied with by the set time,
or upon finding that a repeat violation has been committed, may order the violator may
be ordered to pay a fine in an amount specified in this section for each day the violation
continues past the date set by the enforcement board prior order for compliance or in the
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case of a repeat violation, for each day the repeat violation continues beginning with the
date the repeat violation is found to have occurred by the code inspector. In addition, if
the violation is a violation described in section 1-74{e-), (d) the County enforcement board
may make all reasonable repairs
which are required to bring the property into compliance and charge the violator with the
reasonable cost of the repairs along with the fine imposed pursuant to this section. Making
such repairs does not create a continuing obligation on the part of the Board of County
Commissioners to make further repairs or to maintain the property and does not create
any liability against the Board of County Commissioners for any damages to the property
if such repairs were completed in good faith. If a finding of a violation or a repeat violation
has been made as provided in this division, a hearing shall not be necessary for issuance
of the order imposing the fine. If, after d ue notice and hearing an enforcement hoard finds
a violation is found to be irreparable or irreversible in nature, it may order the violator may
be ordered to pay a fine as specified in subsection (b)(1) of this section.
(b) Amount of fines.
(1) A fine imposed pursuant to this section shall not exceed $250.00 per day for a first
violation and shall not exceed $500.00 per day for a repeat violation, and, in addition,
may include all costs of repairs pursuant to subsection (a) of this section. However, if
the enforcement board finds the violation is deemed to be irreparable or irreversible
in nature, it may impose a fine not to exceed $5,000.00 per violation may be imposed.
(2) In determiningdetermining4he amount of-the-fine, if an„ the enforcement bear-el-shall consider the
felt The following factors shall be considered when determining the
amount of the fine, if any:
a. The gravity of the violation;
b. Any actions taken by the violator to correct the violation; and
c. Any previous violations committed by the violator.
(3) The enforcement board and/or Special Magistrate may reduce a fine imposed
pursuant to this section.
(c) A certified copy of an order imposing a fine or a fine plus repair costs may be recorded in
the public records and thereafter shall constitute a lien against the land on which the
violation exists and upon any other real or personal property owned by the violator. Upon
petition to the circuit court, such order shall be enforceable in the same manner as a court
judgment by the sheriffs of the state, including execution and levy against the personal
property of the violator, but such order shall not be deemed to be a court judgment except
for enforcement purposes. A fine imposed pursuant to this article shall continue to accrue
until the violator comes into compliance or until judgment is rendered in a suit to foreclose
on a lien filed pursuant to this section, whichever occurs first. After three months from the
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filing of any such lien which remains unpaid, the enforcement board may authorize the
County Attorney to County may foreclose on the lien or to sue to recover a money
judgment for the amount of the lien plus accrued interest. No lien created pursuant to the
provisions of this division may be foreclosed on real property which is a homestead under
Section 4, Article X of the State Constitution. The money judgment provisions of this
section shall not apply to real property or personal property which is covered under
Section 4(a), Article X of the State Constitution.
Sec. 1-78. Duration of lien.
No lien provided by this division shall continue for a period longer than 20 years after the certified
copy of an order imposing a fine has been recorded, unless within that time an action is
commenced pursuant to section 1-77 in a court of competent jurisdiction. In an action to
foreclose on a lien or for a money judgment, the prevailing party is entitled to recover all costs,
including a reasonable attorney's fee that it incurs in the action. The Board of County
Commissioners shall be entitled to collect all costs incurred in recording and satisfying a valid
lien. The continuation of the lien affected by the commencement of the action shall not be good
against creditors or subsequent purchasers for valuable consideration without notice, unless a
notice of lis pendens is recorded.
Sec. 1-79. Appeals.
An aggrieved party, including the Board of County Commissioners, may appeal a final
administrative order of the enforcement board to the circuit court. Such appeal shall not be a
hearing de novo, but shall be limited to appellate review of the record created before the
at the code enforcement hearing. An appeal shall be filed within 30 days of
the execution of the order to be appealed.
Sec. 1-80. Notice.
(a) All notices required by this division must be provided to the alleged'violator by:
(1) Certified mail, and at the option of the county return receipt requested, to the address
listed in the tax collector's office for tax notices, or to any other address provided by
the property owner in writing to the local government for the purpose of receiving
notices or to the address listed in the county property appraiser's database. For
property owned by a corporation, notices may be provided by certified mail to the
registered agent of the corporation. If any notice sent by certified mail is not signed as
received within 30 days after the date of mailing, notice may be provided by posting
as described in subsection (b)(2) of this Section;
(2) Hand delivery by the sheriff or other law enforcement officer, code inspector, or other
person designated by the County;
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(3) Leaving the notice at the violator's usual place of residence with any person residing
therein who is above 15 years of age and informing such person of the contents of the
notice; or
(4) In the case of commercial premises, leaving the notice with the manager or other
person in charge.
(b) In addition to providing notice as set forth in subsection (a) of this section, at the option
of the code enforcement board, notice may also be served by publication or posting, as
follows:
(1) Such notice shall be published once during each week for four consecutive weeks
The newspaper shall meet such requirements as are prescribed under F.S. ch. 50 for
legal and official advertisements. Proof of publication shall be made as provided in
F.S. §§ 50.041 and 50.051. in print in a newspaper or on a publicly accessible website
as provided in s. 50.0311 for 4 consecutive weeks. If published in print, the notice shall
be published once during each week for 4 consecutive weeks (four publications being
sufficient) in a newspaper in St. Lucie County The newspaper shall meet such
requirements as are prescribed under Chapter 50, Florida Statutes for legal and
official advertisements. Proof of publication shall be made as provided in ss. 50.041
and 50.051.
(2) In lieu of publication as described in subsection (b)(1) of this section, such notice may
be posted at least ten (10) days prior to the hearing, or prior to the expiration of any
deadline contained in the notice, in at least two locations, one of which shall be the
property upon which the violation is alleged to exist and the other of which shall be at
the front door of the county courthouse or the county administrative center. Proof of
posting shall be by affidavit of the person posting the notice, which affidavit shall
include a copy of the notice posted and the date and places of its posting.
(3) Notice by publication or posting may run concurrently with, or may follow, an attempt
to provide notice by hand delivery or by mail as required under subsection (a) of this
section.
(c) Evidence that an attempt has been made to hand deliver or mail notice as provided in
subsection (a) of this section, together with proof of publication or posting as provided in
subsection (b) of this section, shall be sufficient to show that the notice requirements of
this division have been met, without regard to whether or not the alleged violator actually
received such notice.
Sec. 1-81. Action for money judgments under this division; limitation.
Actions for money judgments under this division may only be pursued on fines levied after
October 1, 2000.
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Nothing contained in this division shall prohibit the Board of County Commissioners from
enforcing its codes by any other means.
DIVISION 3. SUPPLEMENTAL ENFORCEMENT PROCEDURES
Sec. 1-98. Supplemental county enforcement procedures.
This supplemental procedure for enforcing county's codes is hereby established pursuant to the
provisions of F.S. ch. 162, pt. II.
(1) Enforcement procedure.
a. A code 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 code or
ordinance and that the county court will hear the charge.
b. A code enforcement officer may not initiate an investigation of a potential violation
of a duly enacted code or ordinance by way of an anonymous complaint. A person
who reports a potential violation of a code or an ordinance must provide his or her
name and address to the respective local government before an investigation may
occur. This paragraph does not apply if the code enforcement officer has reason
to believe that the violation presents an imminent threat to public health, safety, or
welfare or imminent destruction of habitat or sensitive resources.
c. 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. If the code enforcement officer is
unable to hand deliver the citation, the code compliance department shall send a
violation letter along with the citation via certified mail to the violator. Failure to
accept delivery of the certified letter and citation shall be considered a willful refusal
to sign for and accept issuance of the citation. 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 a repeat violation
is found or 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.
de.A citation issued by a code enforcement officer shall be in a form prescribed by the
County and shall contain:
1. The date and time of issuance.
2. The name and address of the person to whom the citation is issued.
3. The date and time the civil infraction was committed.
4. The facts constituting reasonable cause.
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5. The number or section of the code or ordinance violated.
6. The name and authority of the code enforcement officer.
7. The procedure for the person to follow in order to pay the civil penalty or to
contest the citation.
8. The applicable civil penalty if the person elects not to contest the citation.
9. The applicable civil penalty if the person elects to contest the citation.
10.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 citation, the person
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.
(2) Provisions supplemental. The provisions of this section are additional and supplemental
means of enforcing county codes or ordinances and may be used for the enforcement of
any code or ordinance, or for the enforcement of all codes and ordinances. Nothing
contained in this section shall prohibit the county from enforcing its codes or ordinances
by any other means.
(3) Fines and civil penalties.
a. The following table sets forth the applicable uncontested civil penalties for a citation
issued by a code enforcement officer under this article.
First Violation Second Violation Third and Subsequent
Violation
$200.00 $400.00 Court Hearing Mandatory
b. Any person who willingly 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 775.083.
(4) Notice to appear.
a. Notwithstanding F.S. §34.07, a code inspector,
designated pursuant to section 1-72, may issue a notice to appear at any hearing
conducted by a county court if the officer, based upon personal investigation, has
reasonable cause to believe that the person has violated a code or ordinance. A
notice to appear means a written order issued by a code enforcement officer in lieu
of physical arrest requiring a person accused of violating the law to appear in a
designated court or governmental office at a specified date and time. If a person
issued a notice to appear under this section refuses to sign such notice, the code
enforcement officer has no authority to arrest such person.
b. Prior to issuing a notice to appear, a code enforcement officer shall provide written
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 fewer than five days and
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no more than 30 days. If, upon personal investigation, a code enforcement officer
finds that the person has not corrected the violation within the prescribed time
period, a code enforcement officer may issue a notice to appear to the person who
has committed the violation. A code enforcement officer is not required to provide
the person with a reasonable time period to correct the violation prior to issuing a
notice to appear and may immediately issue a notice to appear if a repeat violation
is found, or if the code enforcement officer has reason to believe that the violation
presents a serious threat to the public health, safety, or welfare or that the violator
is engaged in violations of an itinerant or transient nature, as defined by local code
or ordinance within the jurisdiction, or if the violation is irreparable or irreversible.
SECTION 3. CONFLICTING PROVISIONS. Special acts of the Florida legislature
applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1,
1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict.
SECTION 4. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is
for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall
not affect the remaining portions of this ordinance. If this ordinance or any provision thereof
shall be held to be inapplicable to any person, property, or circumstance, such holding shall not
affect its applicability to any other person, property, or circumstance.
SECTION 5. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby
directed to send a certified copy of this ordinance to the Department of State.
SECTION 6. EFFECTIVE DATE The Effective Date shall be as provided by law.
SECTION 7. CODIFICATION. Provisions of this ordinance shall be incorporated in the
St. Lucie County Code, and the word "ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention.
SECTION 8. ADOPTION. After motion and second, the vote on this ordinance was as
follows:
Commissioner Jamie Fowler, Chair AYE
Commissioner Larry Leet, Vice-Chair AYE
Commissioner James Clasby AYE
Commissioner Erin Lowry AYE
Commissioner Cathy Townsend AYE
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PASSED AND DULY ADOPTED this 1st day of July, 2025.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY•
Deputy Clerk , GOMM4s, J mie Fowler, Chair
S
t /,. ti PPROVED AS TO FORM AND
* * ORRECTNE S•
°I0couNT/,F`'C BY:
Daniel McIntyr , unty Attorney
Page 14 of 14
RON DESANTIS
Governor
CORD BYRD
Secretary of State
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
July 14, 2025
Michelle R. Miller
Clerk & Comptroller
St. Lucie County
2300 Virginia Ave.
Fort Pierce, FL 34982
Dear Michelle Miller,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 25-013, which was filed in this office on July 14, 2025.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL/dp