Code Violation Procedure

As a result of a complaint, a written notice is issued when a violation(s) of Brevard County Code(s) currently exists on the subject property. The Code Enforcement Officer will provide a reasonable amount of time to correct the violation(s).

If the violation(s) has not been corrected by the correction date on the notice, a hearing may be scheduled to appear before the Code Enforcement Special Magistrate to explain why corrective action has not been taken to bring the property into compliance. If the Special Magistrate finds that the property is not in compliance, a fine of up to $1,000.00 per day may be imposed until the violation is corrected.  A fine may be assessed up to $5,000.00 per day for a repeat violation (Section 2-176 (b)(1)).

Pursuant to Section 2-175 of the Code of Ordinances of Brevard County, when the Special Magistrate rules in favor of the County and the violation occurs again on the same property, it becomes a "repeat" violation and the Code Enforcement Officer may, without giving the person a reasonable time to correct the violation, issue a citation to appear in County Court.

Appeal

An aggrieved party, including Brevard County, may appeal a final Administrative Order of the Special Magistrate to the Circuit Court. Any such appeal must be filed within thirty (30) days of the date of the order.

Also, pursuant to Section 2-175 of the Code of Ordinances of Brevard County, if the County prevails in prosecuting the case, the property owner may be required to pay all costs incurred by the County to bring the matter before the Special Magistrate. If not paid, the property may be subject to a lien.