Case Procedure

Notice of Violation

If a violation of a code provision is found, the Growth Management Director or designee shall notify the alleged violator of the violation and give the alleged violator a reasonable time via courtesy notice, in light of the nature of the violation, to correct the violation. If corrected, then the case is closed. Typically, a Courtesy Violation Notice provides 3-30 days for correction, depending on violation.
Should the violation continue beyond the time specified for correction, the Growth Management Director or designee shall schedule a hearing in front of the Special Magistrate and provide written notice to the alleged violator of a scheduled hearing.

The Respondent shall be given at least ten days’ written notice of the hearing. The Special Magistrate is a quasi-judicial official and shall follow all statutes and common law concerning ex-parte communications.
The Special Magistrate shall proceed to hear cases on the agenda for the day of the scheduled hearing. Meeting occurs 10-60 days following the Notice of Hearing. If the Respondent comes into compliance prior to the meeting, the case may be closed and removed from the agenda.
After the conclusion of the hearing, if enforcement action is necessary, the Special Magistrate shall issue findings of fact and conclusions of law in the form of an Order of Enforcement, which shall command whatever steps are necessary to bring a violation into compliance by the date set in the order. Time of Correction is typically 5-30 days before a fine begins to accrue. An administrative fee of $150 must also be paid to comply and close the case.

Should the Respondent fail to come into compliance, a final “Order of Fine” will be executed by the Special Magistrate. A certified copy of the “Order of Fine” shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the Respondent. Respondent must pay the Administrative Fee ($150) following this Special Magistrate Hearing as well.
Should the Respondent come into compliance within the specified time frame, they shall pay the administrative fee and request an inspection to verify compliance. If all violations are in compliance and all fees and fines are paid, the case will then be closed (Administrative Fee must also be paid or lien will still be recorded).

Upon complying with the Order of Enforcement and Order of Fine, as executed by the Special Magistrate after a lien has accrued and compliance has been confirmed, the Respondent may request a hearing to ask for a reduction of fine accrual of the Order of Enforcement and Order of Fine. Respondent can request a reduction hearing typically 10-60 days prior to a Scheduled Meeting.
Should the Special Magistrate recommend a fine reduction, the Town Clerk shall place the fine reduction recommendation on the next available regular Commission Meeting Agenda to consider approval of the Special Magistrate's recommendation. Upon approval, the Town Commission shall authorize the Mayor to sign an amended order or any other legal document necessary to satisfy or reduce the lien. The Town Commission’s Abatement Order will detail any changes to the accrued lien and set a timeframe for compliance of its (remove apostrophe from its’) order. If the Order is not fulfilled, the original lien shall be reinstated.

Upon complying with the Order of Enforcement and Order of Fine (as executed by the Special Magistrate) and lien amount is paid in full, a Release of Lien will be generated and recorded. The case will then be closed.