The Appealing Nature of Local Code Enforcement Board Decisions

When it comes to challenging decisions made by local government agencies, not all agencies are treated the same. For some agencies, you have to file a petition for certiorari to challenge their decisions, but for others, you can file a direct appeal. This distinction is often overlooked by lawyers and judges, leading to improper judicial reviews. It’s important to follow the correct procedure based on the type of agency you’re dealing with. When dealing with decisions made by local code enforcement boards, it’s important to know that you can appeal the decision to the circuit court. This means that if you disagree with a decision made by the board, you have the right to ask a higher court to review it. However, some lawyers are making the mistake of filing for a different type of review, which could lead to problems later on. It’s important to follow the correct process to make sure your appeal is handled properly. The process for appealing a decision from a local government agency is different depending on whether it’s through a direct appeal or a writ of certiorari. Direct appeals are more formal and take longer, with the appellant filing a notice of appeal and then a brief, and the opposing party filing a response. On the other hand, certiorari review is shorter and less formal, with the party seeking review filing a petition that acts as the notice and brief combined. The court then decides if there are grounds for review, and the opposing party only responds if directed to by the court. The different processes reflect the importance and impact of the decisions being reviewed. If a party wants to challenge a code enforcement board’s decision, they have to file a petition for review within 30 days. If they do it on time, the court will treat it as an appeal and ask for more information. If they do it late, the court won’t accept it. When preparing the paperwork for the court, the lawyer has to follow the rules for administrative actions. This means they can’t just have a whole new trial in front of the judge – they can only look at the evidence that was presented to the code enforcement board. When you want to challenge a decision made by a local government, you have to follow specific rules for how to appeal to a higher court. One important rule is that you have to provide the court with a record of what happened at the lower government level. This means you have to give the court all the documents and evidence that were used in the original decision. You can get these documents by asking the local government agency under the Florida Public Records Law. It’s also important to only include relevant information in the record, because the court can only consider what was part of the original decision. It’s also a good idea to pay attention to any special rules that might apply, so you don’t risk having your case sent back to the lower court. These are legal cases from Florida courts. They involve disputes between people and local governments. The cases discuss the rules and procedures for appealing decisions made by local administrative agencies. The cases also mention specific rules for filing appeals and the requirements for evidence in court. Remember, some of these cases are old and may not apply anymore. Victoria L. Cecil is a lawyer who works for the City of Orlando, helping with legal matters related to code enforcement. Before that, she worked as a staff attorney for judges at the First District Court of Appeal and the Florida Supreme Court. This information is provided by the Administrative Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/the-appealing-nature-of-local-code-enforcement-board-decisions/