§ 15-165. Notice to property owner to correct prohibited conditions.

(a)

If the code enforcement department finds and determines that a prohibited condition exists, as described in section 15-163 of this article, it shall so notify the record owner of the offending property in writing and demand that such owner cause the situation to be remedied. The written notice may be in the form of initial notice by post card addressed to the owner or owners of the property described with the names and addresses as shown upon the most recent records of the county property appraiser. Initial notice by post card may specify any length of time for compliance that is deemed appropriate by the code enforcement department. If the prohibited condition is not remedied after initial notice by post card, or if the code enforcement department elects not to provide initial notice by post card, the code enforcement department may hand-deliver or send by certified mail, return receipt requested, a notice of public code violation in substantially the form set forth in this section, which notice if mailed shall be addressed to the owner or owners of the property described with the names and addresses as shown upon the most recent records of the county property appraiser. If certified mail is returned to code enforcement department for any reason, including but not limited to refusal of delivery by the addressee or incorrect address information from the property appraiser, or if no written response to the notice of public code violation is received by the code enforcement department within twenty (20) days of delivery, the code enforcement department shall post the offending property for a period of ten (10) days. Upon the expiration of the posting date, all persons with interests in the property shall be conclusively deemed to have waived any and all right to appeal the determination of the code enforcement department or otherwise object to county remedy of the prohibited condition and the department may arrange for the property to be mowed, cleaned, or otherwise to correct the violation of the offending property and may bill the property owner pursuant to the provisions of this article. When all persons with interests in the property have been deemed to have waived their right to appeal or otherwise object to county remedy of the prohibited condition, the code enforcement department may use the services of any county employee, agent or contractor for the purpose of abating or correcting the violation on the offending property, providing that entry for the purpose of abatement or correction can be made without use of force. If entry onto property for the purposes of correction or abatement of prohibited conditions is not possible without force, the county court may issue a warrant pursuant to the terms and limitations of F.S. Ch. 933, as the same may be amended from time to time, authorizing such minimal use of force as may be necessary to abate or correct the violation on the offending property, provided that no such warrant shall issue for any owner-occupied dwelling pursuant to limitation of law.

(b)

The notice shall be in substantially the following form, shall include current surcharge and fee amounts pursuant to resolution, and shall provide notice of waiver of rights in the absence of a written response:

NOTICE OF PUBLIC CODE VIOLATION

Date________

NAME OF OWNER(S): _____

ADDRESS: _____

All records indicate that you are the owner(s) of the following property in Hernando County, Florida:

(Legal Description of Property FROM Property Appraiser Records)

An inspection of this property discloses, and the Hernando County Code Enforcement Department has determined, that a Public Code Violation exists thereon so as to constitute a violation of Hernando County Code of Ordinances, section 15-163:

(Description of Unlawful Condition on Property)

You are hereby notified that unless the condition above described is remedied as required by this Ordinance within twenty (20) days upon receipt of this letter, the County will abate this condition and the cost of the work, including advertising costs, a Nuisance Administrative Surcharge of ________ dollars, Inspection fee of ________ dollars per site visit, and other expenses, will be imposed as a Special Assessment Lien upon the property. Such action WILL be taken if you fail to remedy the violation or otherwise respond in writing to this notice within twenty (20) days of the date of receipt. Any such response must be mailed or delivered so as to reach the Hernando County Code Enforcement Department within twenty (20) days of your receipt of this notice. If you do not remedy the violation or otherwise respond in writing, YOU WILL BE DEEMED TO HAVE WAIVED ANY AND ALL RIGHTS TO ANY FURTHER NOTICE AS TO THIS MATTER.

Furthermore, please be advised that Hernando County has the right to foreclose on properties upon which a lien has been placed and not paid within one year.

The enclosed list of contractors is provided for your convenience and you are not obligated to use the services of these contractors.

Your cooperation is greatly appreciated. You may contact the Code Enforcement Department by calling 352-754-4056 if you have questions. However, you MUST respond in writing within twenty (20) days of the date of receipt if you disagree with the determinations in this notice.

Sincerely,

Code Enforcement Officer

(Ord. No. 98-03, § V, 3-10-98; Ord. No. 2001-10, § 3, 7-24-01)