- Home
- Government
- Departments
- Building and Zoning Department
- Code Compliance Division
- Enforcement Procedures
Enforcement Procedures
Our goal is to encourage both property owners and tenants to voluntarily correct any violations that may exist. Understanding the need to work together is an important function in preserving and improving property values.
Progressive Enforcement
When a code violation is reported, we open a complaint and work toward resolving the violation through a process of education, inspection, and notices. Continued violations are followed by progressive enforcement:
- Code Enforcement receives a complaint.
- Department conducts an inspection.
- A notice is left at residence or sent to violator allowing time for correction.
- Department conducts a re-inspection.
- Notice of Hearing is issued if violation is not corrected.
- Hearing before the Village Code Enforcement Special Magistrate.
- Formal Order issued for compliance.
- Department conducts another re-inspection conducted.
- Fine assessment hearing conducted if violation is not corrected.
- Code Enforcement imposes a fine.
The Village of North Palm Beach has created and established a Code Enforcement process that utilizes a Special Magistrate.
Who is the Special Magistrate?
The Special Magistrate is an attorney and a member of the Florida Bar in good standing, appointed by the City Council to conduct code enforcement hearings pursuant to Florida Statute Ch. 162. County or Municipal Code Enforcement. The Special Magistrate is authorized to impose administrative fines and other non-criminal penalties where a pending or repeated violation of the Village Code continues to exist through the issuance of orders, including final orders, in accordance with the controlling code, ordinance and resolution. The Village’s Special Magistrate is B. Douglas MacGibbon, Esq.
When are Special Magistrate Hearing Held?
Special Magistrate Hearings are held the first Monday of the month and begin at 9:00 AM. Property owners that have a Code Compliance Case on the Agenda will be sent a Notice of Formal Hearing via Certified Mail or by having the notice posted on their property at least ten (10) days prior to the Hearing.
What happens at a Special Magistrate Hearing?
Special Magistrate Hearings allow property owners the opportunity to dispute a code compliance case before an unbiased Special Magistrate in a quasi-judicial proceeding. The Magistrate will hear sworn testimony from Village Code Staff, then the property owner will be given the opportunity to speak and provide photographs, expert reports or legal documents to dispute a violation. The Magistrates primary responsibility is to determine the existence of a violation of the Village's Code of Ordinances. In the event a property is in violation the Magistrate will issue a Final Order. The Final Order will list the violation narrative, a compliance date and the date that a daily accruing fine will start should the property not be brought into compliance.
Other Reasons for a Special Magistrate Hearing are:
The Property Owner or Code Officer can request that the Magistrate extend time for compliance when a property owner has made effort to comply. Property Owners can request a Mitigation Appeal Hearing for a case that has a Code Lien. Code Officers can ask the Magistrate to issue a Final Order Certifying Code Enforcement Fine and Lien when a property owner has not made effort to bring property into compliance.