Code Enforcement Hearing Process

The Hearing Process is a quasi-judicial proceeding regulated by Florida State Statute Chapter 162 relating to unresolved code violation(s), or properties with a history of code violation(s), and consists of:

Special Magistrate

• Hears testimony and evidence of both the property owner and the code officer pertaining to the cited code violation(s).
• Objectively determines case resolution.

County Representative

• Presents testimony and evidence to the Magistrate supporting the cited code violation(s).

Property Owner / Representative

• Has an opportunity to present testimony and evidence to the Magistrate concerning the cited code violation(s).

Case Findings

• Magistrate’s decision whether or not the cited code violation(s) exist
• Possible hearing costs
• Compliance date that the violation(s) must be corrected prior to assessment of fines
• Amount of possible fine if violation(s) not corrected by compliance date

Costs and Fines

• Hearing costs are assessed when the Magistrate finds that a cited violation exists.
• Fines are assessed when violation(s) are not corrected by the compliance date set by the Magistrate.
• Liens are attached to the property, and any other real property under the same ownership, when the hearing costs or fines are not paid.

Injunction

• Used when violation(s) continue after a decision by the Magistrate
• Filed with Brevard County Circuit Court
• Enforced against the property owner as a “Contempt of Court” violation
• Property owner might be subject to incarceration at the judge’s discretion.

Hearing rules have been established and adopted into the Brevard County Code of Ordinances. For more information on the hearing process, please call our office or reference Florida State Statute Chapter 162, or the Brevard County Rules of Special Magistrate Hearings, and the Code Enforcement Special Magistrate Process available below.

The Special Magistrate Hearing is held in the Space Coast Room, on the second floor of Building C, at the Viera Government Center.

Meeting Agendas

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