Avenues of Violation Correction

Dependent upon the nature of a code violation, Code Enforcement Officers have several enforcement avenues to assist them in bringing violations into compliance with County regulations. The enforcement alternatives are:

Voluntary Compliance

The ultimate goal of the Code Enforcement Section is to achieve voluntary compliance through persuasion and by educating the respondent. It is only when this fails that other measures are used to achieve compliance.

Special Magistrate

Anyone found in violation of County Codes by a Code Officer will be given a reasonable amount of time to comply. Failure to comply will result in the officer scheduling the case before the Code Enforcement Special Magistrate for a hearing. At the Special Magistrate hearing, the Officer will present evidence through sworn testimony and any other means deemed appropriate, such as reports, photographs, and physical evidence.

Non-Criminal Citations

Officers are empowered by State Statute 162 and County Code to issue non-criminal citations for repeat violations where use of the Special Magistrate hearing has not deterred the respondent from continuing the violation. These citations, while requiring the defendant to appear in County Court, are classified as civil infractions. A person receiving a citation may choose to pay a civil penalty and avoid a court hearing, or a hearing may be requested; however, if found guilty at the hearing, the responsible person may be ordered to pay the full penalty amount, without reduction.

Court Litigation Injunctive relief is the process whereby legal action is taken through the court system to prevent the continuation of a nuisance violation.