Frequently Asked Questions

1. WHERE ARE SPECIAL MAGISTRATE HEARINGS HELD?
2. HOW DO I GET A COPY OF THE SPECIAL MAGISTRATE CASE FILE?
3. I CAN'T ATTEND ON THE DATE I WAS SCHEDULED FOR. HOW DO I REQUEST A CONTINUANCE?
4. I JUST RECEIVED A NOTICE OF HEARING AND I DON'T KNOW WHAT MY OPTIONS ARE.
5. I HAVE BEEN CALLING THE INSPECTOR AND I HAVE NOT GOTTEN A RETURN PHONE CALL. WHAT DO I DO?
6. IF I HAVE BEEN CITED FOR A VIOLATION AND I BELIEVE I HAVE MADE CORRECTIONS, WHAT SHOULD I DO?
7. I COMPLIED WITH THE VIOLATION ALREADY. WHY DID I GET A NOTICE OF HEARING?
8. I AM NOT GOING TO BE ABLE TO COMPLY BY THE DATE THE SPECIAL MAGISTRATE ORDERED. HOW CAN I GET MORE TIME TO COMPLY?
9. A TITLE SEARCH WAS JUST DONE ON MY PROPERTY AND THERE IS A CODE VIOLATION LIEN. WHAT DO I DO NOW?
10. I AM PAYING MY ENFORCEMENT COSTS/ADMINISTRATIVE FINE BY CHECK. WHO DO I MAKE THE CHECK PAYABLE TO AND WHERE DO I SEND IT?
11. I HAVE PAID THE FINE ON MY CASE. HOW CAN I GET A RELEASE OF LIEN?
12. HOW DO I APPEAL A DECISION OF THE SPECIAL MAGISTRATE?

FAQ Answers

1. WHERE ARE SPECIAL MAGISTRATE HEARINGS HELD?



For Code Violation Hearings, usually they are held in the 2^nd Floor Space Coast Room,
Building "C", The Government Center,
2725 Judge Fran Jamieson Way, Viera.

For Unlicensed Contractor Hearings, usually they are held in the 3^rd Floor Florida Room,
Building "C", The Government Center
2725 Judge Fran Jamieson Way, Viera.

Occasionally we have to change the location. If a change in location is necessary, clear signs will be posted by the elevators directing you to the new room location.

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2. HOW DO I GET A COPY OF THE SPECIAL MAGISTRATE CASE FILE?

For Code violation cases, call (321)633-2086, or
for Unlicensed Contractor citation cases, call (321)633-2058, and request a copy of your case file. There is a charge of $0.15 per page, after the first thirty pages.

3. Q: I CAN'T ATTEND ON THE DATE I WAS SCHEDULED FOR. HOW DO I REQUEST A CONTINUANCE?

For Code violation cases, call (321) 633-2086.
For Unlicensed Contractor cases, call (321)633-2058.
Continuances can be requested and agreed to administratively prior to a hearing or can be requested by motion of either the County or respondent at the hearing. The Special Magistrate has the sole discretion to grant or deny all continuance motions made once a hearing has begun. If a continuance is granted, the case is normally rescheduled for the next available Special Magistrate hearing, which is generally fourteen days later for code enforcement cases and thirty days later for unlicensed contractor cases.

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4. Q: I JUST RECEIVED A NOTICE OF HEARING AND I DON'T KNOW WHAT MY OPTIONS ARE.

For Code violation cases, call (321) 633-2086.
For Unlicensed Contractor cases, call (321)633-2058.
Ask for the inspecting officer who signed the Notice or Citation.

5. Q: I HAVE BEEN CALLING THE INSPECTOR AND I HAVE NOT GOTTEN A RETURN PHONE CALL. WHAT DO I DO?

For Code violation cases, call (321)633-2086, and ask for a supervisor.
For Unlicensed Contractor cases, call (321)633-2058, and ask for a supervisor.

6. Q: IF I HAVE BEEN CITED FOR A VIOLATION AND I BELIEVE I HAVE MADE CORRECTIONS, WHAT SHOULD I DO?

Call Code Enforcement (321) 633-2086, and ask to speak with the Inspector on your case. You should request a re-inspection now that you have brought the violation into compliance.

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7. Q: I COMPLIED WITH THE VIOLATION ALREADY. WHY DID I GET A NOTICE OF HEARING?

If your violation is a recurring Code violation, you must still appear before the Special Magistrate. Or, you may not have complied by the date specified by the Inspecting Officer, and he/she requested the case go to the Special Magistrate. The Inspecting Officer or Code Enforcement Manager can request that a Special Magistrate hear the case, even if you are already in compliance, for the purpose of obtaining an adjudication of guilt. This means that you complied with the violation, but the same violation happened on that property within a five (5) year period. Code Enforcement can request a hearing before the Special Magistrate so that fines and/or enforcement costs can be imposed.

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8. Q: I AM NOT GOING TO BE ABLE TO COMPLY BY THE DATE THE SPECIAL MAGISTRATE ORDERED. HOW CAN I GET MORE TIME TO COMPLY?

If you are unable to bring your violation into Code compliance by the date so Ordered by the Special Magistrate, call Code Enforcement (321)633-2086 and request an extension. Once an order has been entered by the Special Magistrate, only the Special Magistrate can grant you the additional time. The case will be scheduled for a hearing and the Special Magistrate will review your request for more time. If the Code Enforcement Office is in agreement with your request for an extension of time, an Affidavit of Stipulation can be utilized. Your request can then be made in writing with the assistance of the Code Enforcement Office. Please note: Requests received on or after the compliance date are considered untimely and the Special Magistrate may deny your request.

9. Q: A TITLE SEARCH WAS JUST DONE ON MY PROPERTY AND THERE IS A CODE VIOLATION LIEN. WHAT DO I DO NOW?

Call Code Enforcement (321)633-2086, and request a Special Magistrate hearing. You will be asked for the property address and the name of the previous owner. Code Enforcement staff will then schedule your case for a Special Magistrate hearing.

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10. Q: I AM PAYING MY ENFORCEMENT COSTS/ADMINISTRATIVE FINE BY CHECK. WHO DO I MAKE THE CHECK PAYABLE TO AND WHERE DO I SEND IT?

For Code violation cases, make the check payable to:
BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS

Send it to:
Permitting & Enforcement Department
Attention: Angela Damm-Martling, Pat Doyle
2725 Judge Fran Jamieson Way
Bldg. "A", Rm. 112
Viera, Florida 32940

For Unlicensed Contractor cases, make the check payable to:
BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS

Send it to:
Contractor Licensing Office
Attention: Denise Campagna
2725 Judge Fran Jamieson Way
Bldg. "A", Rm. A106
Viera, Florida 32940

Make sure you put the Special Magistrate Case Number on the check, so we can identify it with your case.

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11. Q: I HAVE PAID THE FINE ON MY CASE. HOW CAN I GET A RELEASE OF LIEN?

Liens can be released within a few days if payment is made by cash, cashier's check, or money order. We are required to wait three (3) weeks after we deposit a check to ensure the funds clear before we can issue a release if the fine was paid by check.

12. Q: HOW DO I APPEAL A DECISION OF THE SPECIAL MAGISTRATE?

For Code violation case Appeals, you have THIRTY DAYS (30) from the date of the Special Magistrate hearing to file your appeal. Make a written request to the Brevard County Circuit Court, as outlined in Brevard County Code Section 2-178.

"Sec. 2-178. Appeals.
(a)An aggrieved party, including the Board of County Commissioners, may appeal a final administrative order of the code enforcement board or special magistrate to the Circuit Court of the Eighteenth Judicial Court in and for Brevard County, Florida.
(b) Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the code enforcement board or special magistrate.
(c) An appeal shall be filed within 30 days of the execution of the order to be appealed.
(d) The board of county commissioners may, by resolution, establish reasonable charges for the preparation of the record on appeal from the final administrative order of the code enforcement board or special magistrate, to be paid by the appellant. (Code 1979, § 15 1/2-38; Ord. No. 96-08, § 11, 3-5-96) State law references: Appeals, F.S. § 162.11"

 

For Unlicensed Contractor case Appeals, you have THIRTY DAYS (30) of the date of the decision of the Special Magistrate, to file your appeal, as provided by Rule 1.630 of the Florida Rules of Civil Procedure. Section 22-562, Brevard County Code:

Sec. 22-562. Appellate review.
"The violator or the county may appeal a decision of a special magistrate by certiorari to the Circuit Court of the Eighteenth Judicial Circuit within 30 days of the date of rendition of the decision of the special magistrate as provided by Rule 1.630 of the Florida Rules of Civil Procedure. (Ord. No. 93-04, § 1.06, 3-2-93)"

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