Decision by Judge or Jury? Alternatives to Traditional Code Enforcement Boards

Florida cities and counties have the power to enforce their local codes through code enforcement boards. These boards are made up of community volunteers who have the authority to make final decisions on violations and fines. The only way to challenge their decisions is to appeal to the local circuit court. There are benefits to using these boards, such as having members who understand the community well, but there are also drawbacks to this approach. Using volunteer boards for code enforcement can be beneficial for local governments, as it saves money and time. However, it can be hard for smaller cities to find enough volunteers, and sometimes the volunteers don’t show up for meetings. Additionally, volunteers might have biases that make it hard for them to be fair in their decisions. Also, even though using volunteer boards saves money, local governments still have to hire a separate attorney as an advisor, which can cancel out the savings. A code enforcement board doesn’t need legal training to serve, they just need to be appointed by the government and want to help. But without legal skills, they might make mistakes in their decisions. If the board doesn’t follow the rules, their decisions can be overturned by the courts. Some governments use special magistrates instead of volunteer boards for code enforcement. A code enforcement board is like a jury, and the special magistrate is like the judge. The special magistrate, usually with legal training, holds a public hearing about a violation, makes a decision, sets fines, and does other code enforcement tasks. They are usually hired by the local government. The law allows local governments to use a special magistrate instead of a volunteer board for code enforcement. The special magistrate has the same powers as a code enforcement board. So, they can hold meetings, decide if there are violations, set fines, and reduce penalties. When local governments want to enforce their codes, they can choose to use a special magistrate instead of a code enforcement board. They have a lot of freedom in how they set up this process, but they have to follow the law and make sure people’s rights are respected. It’s important for elected officials to say what they want at the beginning of the process. They also need to decide if they want to use a special magistrate instead of a code enforcement board, or use both. If they use both, they need to make sure each one knows what they are supposed to do. The board and the magistrate handle different types of cases based on how severe the violation is. For example, the board may handle small violations like overgrown weeds, while the magistrate handles more serious violations like improper land use. There are different ways to decide which entity handles the case, like letting the alleged violator choose or letting the board vote to refer the case to the magistrate. It’s important to have clear rules so the process is fair for everyone involved. The decision to hire and fire a special magistrate is important. The special magistrate should be a lawyer with at least five years of experience in government or real estate law. The local government should decide who has the power to hire or fire the magistrate, and the magistrate should not be fired based on their decisions in cases. The government should also make sure the magistrate does not already hold another official position. When creating a new process for enforcing local codes, it’s important to decide how much power the person in charge, called a special magistrate, will have. This includes things like running hearings, deciding on fines, and communicating with the code enforcement staff. The rules for the special magistrate can be based on existing rules for code enforcement boards, and should make sure that the rights of the person accused of breaking the rules are protected. It’s also important to make sure that everyone involved gets the right notices about hearings and decisions. If these notices aren’t done properly, it could make the whole process invalid. In order for a code enforcement process to be fair, the person accused of breaking the rules has to be told about the proceedings in a clear way. The local government can use different methods like mailing a letter or putting up a notice. The person also has to have a chance to talk about what happened at a public hearing, and the hearing has to follow certain rules. These rules might be similar to the rules for court cases, but they don’t have to be exactly the same. A well-functioning code enforcement board is important for a local government. When these boards don’t work well, Florida allows for alternative systems, like using a special magistrate. It’s important for the government to make sure the new system is fair and follows the rules. With a good alternative system, the code enforcement program can improve and be more effective. The code enforcement board in Florida has rules about membership and voting. If members don’t come to meetings, the board might not have enough people to make decisions. The board also needs to have a separate lawyer to help with legal matters. Each local government can choose to have a code enforcement board or a special magistrate to handle violations of local rules. The government can decide on these roles by passing a resolution instead of a formal law, in order to be able to make changes more easily. Karen Consalo is a lawyer who helps the Town of Oakland with enforcing their local laws. She has lots of experience in this area and is certified by The Florida Bar.

Source: https://www.floridabar.org/the-florida-bar-journal/decision-by-judge-or-jury-alternatives-to-traditional-code-enforcement-boards/