Police Department Policy

29660538 (1).pdf

Seminole County Sheriff

Policy Text
\n\n--- Page 1 ---\n\nSEMINOLE COUNTY SHERIFF'S OFFICE NUMBER: G-73 GENERAL ORDER RESCINDS: E-02 (Effective 10/10/17) SUBJECT: Code Enforcement EFFECTIVE: July 30, 2007 REVISED: October 10, 2017 ACCREDITATION STANDARDS: 12.2.1 STATUTES/PUBLICATIONS REFERENCED: Florida Statutes, Chapter 162 Table of Contents: I. Purpose II. Qualifications and Training III. Operational Procedures IV. Case Package Procedures V. Miscellaneous I. PURPOSE: This directive provides procedural guidelines for Code Enforcement Officers. II. QUALIFICATIONS AND TRAINING: A. The minimum training qualification objectives for a Code Enforcement Officer is to attain certification in Fundamentals of Code Enforcement and Legal Aspects of Code Enforcement from the Florida Association of Code Enforcement within three years of employment. B. The Certification Training Program of the Florida Association of Code Enforcement is provided through the Institute of Government and Florida Universities. This training is recognized by the Florida Department of Community Affairs as an educational program that enhances the professionalism of code enforcement personnel. C. Certification is maintained by membership in the Florida Association of Code Enforcement and through compliance with its training courses. Training courses can be obtained at annual conferences or through local classes approved by its Certification Committee. D. Code Enforcement Officers are required to fulfill job responsibilities as defined by their Job Descriptions maintained by the Human Resources Division. III. OPERATIONAL PROCEDURES: A. Code Enforcement Officers follow procedures governed by Chapter 162, Florida Statutes. GENERAL ORDER Code Enforcement PP # E - 2 PAGE 1 OF 4\n\n--- Page 2 ---\n\nB. When Code Enforcement Officers make initial inspections for possible violations, the following should be accomplished: 1. Attempt to contact the property owner and/or the person at the violation’s location, 2. Discuss the violation and required corrective measures, 3. Discuss the amount of time needed for correction; and 4. Provide a written Notice of Code Violation, if necessary. C. If the property is posted “No Trespassing” no attempt to enter the property will be made. The location will be observed only from where there is a legal right to be (the right of way, other property with permission from the owner, etc.). D. A CAFÉ report is completed for each case, with photographs attached (if applicable). E. If personal contact is not made at the violation’s location, the property owner should be notified by mail. F. A follow-up call to complainants will be attempted to inform them of the following: 1. Results of the inspection, and if a code violation exists, 2. The length of time given to the violator to correct the violation; and, 3. Possible future actions or processes. G. After completion of any action, Code Enforcement Officers will update the CAFÉ report with all additional information. H. If the violation is cleared within the allotted time, the Code Enforcement Officer will consider the matter corrected and will close the case and notify the complainant. I. If the violation has not been corrected within the allotted time, the Code Enforcement Officer may notify the responsible party that the case could be filed with the Code Enforcement Board or Special Magistrate for further action. J. The Code Enforcement Officer will keep their immediate supervisor updated regarding high profile and/or problem violations. IV. CASE PACKAGE PROCEDURES: A. Code Enforcement Officers may file cases with the Code Enforcement Board or Special Magistrate for action. B. To have a reasonable expectation of appearing at the next available Board hearing, Code Enforcement Officers must file their completed paperwork with the Supervisor or designee at least six weeks before the hearing. C. Case packages should include the following: 1. The original Statement of Violation and Request for Hearing, 2. A current copy of the Property Appraisers printout, 3. Copies of any Notices of Code Violation or letters that were issued, 4. Corporate and/or Registered Agent information (if applicable), and 5. Any other pertinent information relating to the case. NOTE: Case packages should not include evidence that will be presented to the Board or Special Magistrate. GENERAL ORDER Code Enforcement PP # E - 2 PAGE 2 OF 4\n\n--- Page 3 ---\n\nD. The Supervisor or designee will review case packages for completeness, accuracy, procedural correctness and format consistency. If corrections are necessary, the package will be returned to the Code Enforcement Officer for repair before it is resubmitted to the Supervisor or designee for re- review. The Code Enforcement Officer will save all case documents to the Café Report. The original case file is forwarded to the Code Enforcement Office clerk, to be placed on the next available hearing agenda. E. The Code Enforcement Office clerk will notify the Code Enforcement Officer if legal service is not made, indicating a need for service by other means (such as hand delivery or posting the property). Posting of the property must be made at least ten days before the hearing date. F. The Code Enforcement Officer will file proof of service by notarized affidavit with the Code Enforcement Office. G. It is the Code Enforcement Officer’s responsibility to develop a PowerPoint presentation for the hearing using the established format. In addition: 1. The PowerPoint must be submitted for review by the Supervisor or designee by noon on the Friday before the hearing. 2. Updates or changes made to the PowerPoint before the hearing must be reported to the Supervisor or designee. 3. The Supervisor or designee will review the PowerPoint presentation for consistency with the case file, and provide technical support during the hearings. H. Guidelines for Case Presentations: 1. Code Enforcement Officer’s name, position and employing agency. 2. Submit a copy of the PowerPoint presentation to the Code Enforcement Office clerk as Exhibit 1. 3. A copy of the PowerPoint presentation will be provided to the respondent in printed form, if the respondent is present. 4. Present the case following the established format. I. Follow-up Inspections: 1. After an order is issued by the Board or Special Magistrate with a scheduled date of compliance the Code Enforcement Officer shall, within two working days, inspect the property and file the proper affidavit immediately with the Code Enforcement Office clerk. 2. If the respondent requests an inspection or the Code Enforcement Officer verifies compliance, the Code Enforcement Officer will file the proper affidavit immediately with the Code Enforcement Office clerk. 3. Three months after it has issued an order imposing penalty or lien, the Board or Special Magistrate may authorize the County Attorney’s Office to foreclose on the lien or to sue to recover a money judgment for the amount of the lien (plus accrued interest). GENERAL ORDER Code Enforcement PP # E - 2 PAGE 3 OF 4\n\n--- Page 4 ---\n\nV. MISCELLANEOUS: 1. Forms used by Code Enforcement Officers must be pre-approved by the Sheriff’s Office Forms Committee. 2. Uniforms and related equipment are provided at the expense of the Sheriff’s Office. ENFORCEMENT POLICY AND PROCEDURE Code Enforcement PP # E - 2 PAGE 4 OF 4

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