§ 2-103. Code enforcement special magistrate system created; qualifications; term of service; clerical and administrative staff.

(a)

Creation of alternate code enforcement system. There is hereby created pursuant to Section 162.03(2), Florida Statutes, an alternate code enforcement system. This alternate code enforcement system shall have the same status as a code enforcement board. Nothing in this section is intended to preclude the county from enforcing any ordinance or code through a court of competent jurisdiction.

(b)

Creation and purpose of special magistrates, appellate special magistrates, alternate special magistrates and alternate appellate special magistrates. There is hereby created a code enforcement system which utilizes special magistrates and appellate special magistrates, each of whom is to be appointed by the board. Special magistrates and appellate special magistrates shall have the authority to conduct hearings to determine whether a violation of any code or an ordinance of Polk County within the special magistrate jurisdiction has occurred and upon finding that a violation has occurred, impose fines, costs and liens against the violators. In addition, the board may appoint alternate special magistrates and alternate appellate special magistrates to hear cases in which a special magistrate or appellate special magistrate has a conflict or is unavailable for scheduled code enforcement hearings or an emergency code enforcement hearing.

(c)

Qualifications of a special magistrate and appellate special magistrate. All magistrates shall be attorneys who are in good standing with the Florida Bar Association. Those attorneys shall reside in or have a place of business within Polk County, Florida, and should possess an outstanding reputation for business and professional ability, civic pride and community development. The clerical staff of the code enforcement system shall process all applications for appointment.

(d)

Term of service; removal. All special magistrates, alternate special magistrates, appellate specials, and alternate appellate special magistrates shall be appointed for a term of two (2) years and may be reappointed by the board of county commissioners. Despite the term for which they were appointed, all magistrates serve at the pleasure of the board of county commissioners and are not employees of Polk County. If any magistrate fails to attend two (2) of three (3) successive hearings without good cause, the position shall be considered vacant and the board shall promptly fill the remainder of the unexpired term. In addition, the board may contract with an entity or agency including, without limitation, a law office or law firm to provide a special magistrate, alternate special magistrate, appellate special, or alternate appellate special magistrate who meets the qualifications of this division.

(e)

Clerical and administrative support staff. The board of county commissioners shall provide clerical and administrative support to the magistrates as may be reasonably required for the proper performance of their duties.

(Ord. No. 07-058, § 3, 9-25-07; Ord. No. 18-067, §§ 1, 2, 9-18-18)