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 Polk County
 Code of Ordinances
 Chapter 8. HEALTH AND SANITATION
 Article VII. PROPERTY MAINTENANCE

  § 8-159. Appeal procedure.

Latest version.

  • (a)

    Within ten (10) days after the initial notice of a violation is posted by the Division as provided in section 8-158, the lot owner(s) may deliver a written request to the Polk County Code Enforcement Special Magistrate for a hearing to show that the condition alleged in the notice does not exist. The address to deliver such request shall be stated in the initial notice to the lot owner. The request by the owner shall be in writing and delivered to the address indicated in the initial notice within ten (10) days of the posting of the violation and shall be accompanied by a certified check or money order in the amount of twenty-five dollars ($25.00) made payable to Polk County, Florida, which amount shall constitute a fee necessary to defray the cost to the county, the Division, special magistrate and administering the appeal. Failure to appeal or to appear before the special magistrate in a timely way shall be deemed a waiver of the lot owner's rights to appeal the administrative action. The special magistrate shall hear the appeal on its regularly scheduled agenda unless an emergency hearing is requested by the county pursuant to subsection (b) of this section. The Division shall give the lot owner seeking an appeal written notice of the date and location of the scheduled hearing. The hearing shall be conducted in accordance to the rules of procedures governing code enforcement special magistrate hearings. The county shall have the burden of proving that a violation exists by preponderance of the evidence. The decision of the special magistrate shall be final and no appeal to the appellate special magistrate shall exist. Upon finding that a violation of this article exists, the special magistrate may give the lot owner additional time to correct the violation but such time shall not exceed seven (7) days from the date of the hearing. If the violation is not corrected in the time given by the special magistrate, the Division is authorized to abate the violation pursuant to section 8-157(c) of this article.

    (b)

    If the Division believes that a violation exists that is an immediate threat to the public health, safety or general welfare, the Division may request an emergency hearing in front of the special magistrate. The lot owner shall be given notice of such hearing containing the location, time and date of the hearing.

(Ord. No. 08-047, § 10, 9-10-08)