(Related to Ordinance No. 12-2014 - Deltona's Anti-Blight Ordinance)
Code Compliance is responsible for assisting our citizens in understanding and complying with Building Code, Zoning Ordnance, Parking Ordnance and other ordinances related to the development process in Deltona.
The goal of the Code Compliance Division is to maintain a high-quality community environment in accordance with all relevant City standards and to to ensure cooperation and coordination between code enforcement, licensing, and law enforcement functions and agencies and to provide the public with a timely response to complaints and adequate follow-up to ensure complaint resolution.
Code Compliance Officers must complete a 40-hour certification course before becoming a Code Compliance Officer and a minimum of 16 hours of refresher training every two years to stay certified. The officers work from 8:00 am to 6:30 pm - 7 days a week. However, office hours are Monday - Friday from 8:00 am to 5:00 pm.
Following are examples of some of the most common code violations:
- Parking improperly
- Inoperative motor vehicles stored on property
- Accumulation of trash and debris on property
- Overgrown weeds and grass
- Doing construction related work without a permit
- Erecting signs in road right-of-ways
- Operating a business without a city occupational license
Complaints are received via telephone calls, letters, personal contact, reported from other City Departments or as observed by the Officer.
Chapter 162 of the Florida Statutes states that an officer must have reasonable cause to believe that a person has committed a civil infraction in violation of a code of ordinance, and that reasonable cause must be due to the officer’s personal investigation.
Therefore, when a complaint is received alleging a violation, the officer assigned to the case must, through his or her own personal investigation, first verify that a violation exists on the property.~ If the officer is unable to verify a violation exists, the case is closed as unfounded.
After verifying that a violation does exist, the officer must make the determination as to how best to bring the property into compliance with the Ordinance.~ Keep in mind the City’s desire to obtain voluntary compliance via education if at all possible. Each violation must be looked at on a case by case basis to determine which avenue would be the best to gain voluntary compliance in the least amount of time.
Since voluntary compliance is not always possible, each case must be worked with the understanding that it may end up in court before a County Judge or in front of the City’s Special Magistrate.~ If after notifying the person in charge of the property that there is a violation on the property, what needs to be done to correct the violation and given a reasonable amount of time to make the corrections, the property is still in violation the officer has a number of options to bring about compliance.~ Some of these are:
Citation (Goes to County Court)
Notice of Hearing (Goes before Special Magistrate)
Abatement (City hires Contractor to clean the property, cut the grass or tow a vehicle)
The law requires:
- That there’s a violation on the property.
- That the person in charge of the property be notified of the violation.
- That they are told what needs to be done to correct the violation and that they are given a reasonable amount of time to make the corrections.
Failure to provide any one of these notifications could mean having the case dismissed.
- Special Magistrate is a quasi-judicial body whose creation is enabled by Chapter 162, Florida Statutes, which was enacted into law by the Florida Legislature in 1980.
- The Special Magistrate hears the facts and determines under the law whether or not the alleged violator committed the alleged violation.
- The City of Deltona Special Magistrate is an attorney under contract with the City and is authorized to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any codes and ordinances in force within the city. The maximum fine the Special Magistrate can apply is $250.00 per day and $500.00 per day for a repeat violation.
- A repeat violation is the same violator, same violation. Not necessarily the same address.
- Officers are authorized to issue citations under Chapter 162, Florida Statues.
- A judge in county civil court hears the facts and determines under the law whether or not the alleged violator committed the alleged violation.
- A violation of a code of ordinance is a civil infraction with a maximum civil penalty not to exceed $500.00
- Abatements are authorized under Chapter 38 of City Ordinance.
- Normally used for vacant properties and undeveloped lots with nuisance weeds, accumulation of waste, yard trash, rubble and debris.
- Officer provides property owner notice and allows time to clean property. If owner does not correct the violation the city contracts a contractor to abate/clean nuisance property.