Special Magistrate Hearings

Special Magistrate Hearings allow property owners the opportunity to dispute a code compliance case before an unbiased Special Magistrate in a quasi-judicial proceeding. 

The Magistrate will hear sworn testimony from City Code Staff, then the property owner will be given the opportunity to speak and provide photographs, expert reports or legal documents to dispute a violation.

The Magistrates primary responsibility is to determine the existence of a violation of the City's Code of Ordinances. In the event a property is in violation the Magistrate will issue a Final Order. The Final Order will list the violation narrative, a compliance date and the date that a daily accruing fine will start should the property not be brought into compliance.

Notice of Violation Procedure

Sign Up to Speak on an Agenda Item During the Virtual Meeting or Listen to the Virtual Meeting

To comply with social distancing guidelines, meetings are being held online via Zoom.

To View or Listen to the hearing please see the link below.

To speak at the meeting:

1. Sign up to speak by filling out the form: 
   • Special Magistrate Virtual Hearing - Tuesday, April 4, 2023 at 9:30 AM
   • Special Magistrate Virtual Hearing - Thursday, April 6, 2023 at 9:30 AM
2. The meeting will be held online. You will receive an email invitation with instructions on how to join the meeting after you sign up to speak.
3. Before the meeting, test the audio capabilities of your computer or smart device (phone or tablet). 
4. Join the meeting at least 30 minutes in-advance to ensure the Clerk knows you are present.

How to prepare for a hearing

• I have received a Notice to Appear. What do I do now?
  Upon receiving a Notice to Appear, contact your Code Compliance Officer to inquire about how to come into compliance with the violation.
• Do I need Power of Attorney?
  Per Section 21-4, Violator means a person or entity responsible for a violation of the code. The current owner of the property is responsible for the violation in addition to any other party who has possession of the property or who may have actually caused the violation, even if a prior owner or an unknown third party caused the violation. The special magistrate may find the landlord as well as the tenant responsible for a violation. A condominium association shall be responsible for any violation affecting the common elements of the condominium in addition to any other party who may have actually caused the violation.
  Any person who is not a violator as defined above, but wishes to testify in lieu of the alleged violator of a property, must obtain a notarized power of attorney or notarized affidavit prior to attending any Code Enforcement proceedings on the property
  Florida Limited Power of Attorney (PDF)
• How do I submit evidence?
  To submit evidence for a virtual hearing, please fill out the Submission of Evidence form.
• What is an acceptable form of evidence?
  Provide photos with date stamp and time showing compliance, provide copies of permits and other documents supporting your case.
  Examples: Pictures of painted property, Copy of issued permit, Documentation from your insurance company. Please submit a notarized Power of Attorney if you are presenting on behalf of the property owner. Power of Attorney can be obtained from an attorney.
• I have been found guilty. What do I do now?
  Consult with your area’s Code Compliance Officer for steps to bring listed violation into compliance.
• I have complied with the violation. What’s next?
  Make contact with your Code Compliance Officer so that they may re-inspect the property, take photos and close the case.

View prior agendas or scheduled hearing