Notice of Violation Procedure

Notice of Violation (NOV) Procedure - Ch. 21, Art II, Div 1


Code Compliance Officer (CCO) finds violation and issues NOV with compliance deadline
If respondent complies
If respondent complies		Process Ends
If not, next

If no compliance, CCO serves notice to appear (NTA)

If not, next

Hearing before Special Magistrate (SM)
If respondent prevails
If respondent prevails
Process Ends
If not, next

If SM finds violations, SM orders deadline for compliance
If respondent complies
If respondent complies
Process Ends
If not, next

If no compliance, CCO serves NTA for non-compliance

If not, next

Second hearing before SM
If respondent prevails
If respondent prevails
Process Ends
If not, next

If SM finds non-compliance, SM imposes fines as of deadline
Legend

Notice NoticeHearingHearingOrderOrder

Special Magistrate

The City of North Miami’s code cases are heard by a Special Magistrate. The Special Magistrate is appointed by the City Council and has the jurisdiction and authority to hear and rule over code compliance matters. The Special Magistrate is a licensed attorney and a member in good standing of the Florida Bar for at least five years.

The Special Magistrate has the authority to subpoena witnesses and records, order rulings on violations, assess fines and order liens to be placed upon property.

Code Compliance Officer Citation

Property owners cited by a Code Compliance Officer are given a reasonable amount of time to bring their property into compliance before the case is referred to the Special Magistrate.

Fines

After the Special Magistrate has ruled over a case, failure to correct the open code violations may result in fines of up to $1,000 a day for a first time violation and up to $5,000 per day for a repeat violation until such violations are brought into compliance. Failure to comply could result in a lien filed against the title of the property.

If a violation is severe and poses a threat to the life, health and safety of the neighbors, the City will initiate public nuisance proceedings against the property and correct the nuisance at the expense of the property owner.