§ 2-223. Payment of reduced civil penalty; court hearings.

(a)

If the person elects not to contest the citation, the person shall pay in full the applicable reduced penalty as set forth herein plus all applicable filing fees, a county service fee not to exceed ten percent, and credit debit or surcharge fees, to the clerk of the circuit court of Volusia County, Florida, within ten days after the issuance of the citation. The clerk of the court shall forward payment of any civil penalty imposed by this article to the city's director of finance for deposit in the city's fund.

(b)

If the person cited elects to pay the applicable reduced civil penalty set forth herein, the person shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issue of validity of the citation. If the person cited fails to pay the civil penalty by the 14th calendar day after issuance of the citation or fails to request a court hearing within the time prescribed, the person shall have waived any right to contest the citation and a judgment shall be entered against the person cited in an amount up to the maximum civil penalty plus court costs. In addition, a rule to show cause may be issued by the county judge requiring the person cited to appear in county court to explain the person's failure to pay or request a court hearing. Failure to respond to the rule to show cause may result in issuance of an arrest warrant.

(c)

If the person elects to contest the citation, the person shall appear before the clerk of circuit court's office to receive a court date within ten days after the issuance of the citation. If the person elects to contest the citation the person shall be deemed to have waived his right to the reduced civil penalty set forth in this ordinance and shall be subject up to the maximum civil penalty.

(d)

If the person cited has been previously cited for the same violation at least two times within a five year period, upon issuance of a third or subsequent citation, the person shall not have the option of paying a reduced civil penalty but instead shall appear before a county court judge within 21 calendar days to answer the charge.

(e)

The county judge, after hearing a citation, shall make a determination whether or not a violation of the code or ordinance cited has been committed. If the violation is found to have occurred, the county judge may order the violator to correct the violation and may impose a civil penalty up to the maximum civil penalty plus all applicable costs of prosecution, plus court costs; in no event, however, shall such civil penalty imposed by the county judge be less than the civil penalty as set forth in the fine and cost schedule adopted by resolution of the city council.

(f)

The county judge may provide for the civil penalty to be paid, and the violation to be corrected within such time as the county judge determines to be appropriate. If the person found to be in violation fails to pay the civil penalty or correct the violation within the time provided, a civil judgment shall be entered against that person in an amount up to the maximum civil penalty.

(g)

Should the person cited schedule a hearing as provided herein and thereafter fail to appear at such hearing, the person shall be deemed to have waived the right to contest the citation, and a civil judgment shall be entered against the person in an amount up to the maximum civil penalty; provided, however, that the court shall have the discretion to continue or reschedule any hearing when it determines that doing so will further the interest in justice. In such an event, the clerk of the court shall notify the code enforcement officer and the person cited of the date and time of the hearing. In addition, a rule to show cause may be issued by the county judge requiring the person cited to appear in county court to explain the person's failure to appear at the hearing. Failure to respond to the rule to show cause may result in an issuance of an arrest warrant.

(h)

Should the person cited willfully fail to comply with a court order to abate or correct the violation, the court, after due notice and hearing on the matter, may hold the violator in civil contempt and may enter an order to that effect.

(i)

In the event that a civil judgment is entered against a person cited as provided herein, the city may record a certified copy of said judgment in the Official Records of Volusia County and the same shall thereafter constitute a lien against the land which the violator owns and upon any other real or personal property owned by the violator. All fines and liens shall bear interest at the rate provided by law for court judgments. All liens shall be co-equal with the liens of all state, county, district and municipal taxes, superior in dignity to all other liens, titles and claims, until paid or extinguished. Such liens may be foreclosed in the same manner as provided by law for the foreclosure of mortgages.

(j)

In the event an order is entered finding that a violation of the ordinance cited has been committed, the city may record a certified copy of said order in the official records of Volusia County and the same shall thereafter constitute notice to and be binding upon the violator and any subsequent purchasers, successors in interest or assigns if the violation concerns real property.

(k)

At any hearing pursuant to this article, the commission of a violation of a code or ordinance must be proved by a preponderance of the evidence. The Florida Rules of Civil Procedure and the Florida Evidence Code shall be applicable to any such hearing.

(Ord. No. 2002-24, § 1, 5-21-02)