LEGAL ISSUES IN CODE ENFORCEMENT
ACTUAL EXAM PAPER 2026 QUESTIONS WITH
SOLUTIONS GRADED A+
◉ Trianon Park Condominium v. City of Hialeah, 468 So.2d 912 (Fla.
1985). Answer: Code Enforcement Board nor other third parties can
petition a court of law to
require a local government through its Code Inspector to initiate a code
enforcement action.
Case decision stated that the judicial branch has no authority to interfere
with the
conduct of discretionary functions unless a constitutional provision is
violated
◉ Section 162.06(2), Fla. Stat. Answer: What is the Statutory
Prerequisite to Provide Opportunity to Correct Violation?
It imposes a condition precedent to any citation by the Code Inspector.
The Code Inspector
must (1) notify the alleged violator and (2) provide the alleged violator a
"reasonable time to
correct the violation." So, before the formal notice of violation is issued,
the Code Inspector
, must provide the alleged violator the opportunity to correct the alleged
violation.
◉ - A Repeat Violation. Section 162.06(3), Fla. Stat.
- When "the code inspector has reason to believe a violation presents a
serious threat to the public health, safety and welfare".
- When the violation is irreparable or irreversible in nature". Section
162.06(4), Fla. Stat. Answer: What are the three exceptions to the
"reasonable time to correct" standard?
◉ At least ten business days. Answer: What is the rule of thumb in
regards to a Code Inspector providing a time frame for an applicant to
begin correcting the violation?
◉ The requirement is for "personal investigation" in order to establish
"reasonable cause" to believe that a violation has occurred. Answer:
What are the requirements for a Code Inspector issuing a citation
pursuant to Section 162.21, Fla Stat.?
◉ Chapter 119, Florida Statutes. Answer: What chapter of the Florida
Statutes is the Public Records Act?
◉ All reports, notes, or writings of the Code Inspector are "public
records" under Florida law. Answer: What is part of Public Records?
ACTUAL EXAM PAPER 2026 QUESTIONS WITH
SOLUTIONS GRADED A+
◉ Trianon Park Condominium v. City of Hialeah, 468 So.2d 912 (Fla.
1985). Answer: Code Enforcement Board nor other third parties can
petition a court of law to
require a local government through its Code Inspector to initiate a code
enforcement action.
Case decision stated that the judicial branch has no authority to interfere
with the
conduct of discretionary functions unless a constitutional provision is
violated
◉ Section 162.06(2), Fla. Stat. Answer: What is the Statutory
Prerequisite to Provide Opportunity to Correct Violation?
It imposes a condition precedent to any citation by the Code Inspector.
The Code Inspector
must (1) notify the alleged violator and (2) provide the alleged violator a
"reasonable time to
correct the violation." So, before the formal notice of violation is issued,
the Code Inspector
, must provide the alleged violator the opportunity to correct the alleged
violation.
◉ - A Repeat Violation. Section 162.06(3), Fla. Stat.
- When "the code inspector has reason to believe a violation presents a
serious threat to the public health, safety and welfare".
- When the violation is irreparable or irreversible in nature". Section
162.06(4), Fla. Stat. Answer: What are the three exceptions to the
"reasonable time to correct" standard?
◉ At least ten business days. Answer: What is the rule of thumb in
regards to a Code Inspector providing a time frame for an applicant to
begin correcting the violation?
◉ The requirement is for "personal investigation" in order to establish
"reasonable cause" to believe that a violation has occurred. Answer:
What are the requirements for a Code Inspector issuing a citation
pursuant to Section 162.21, Fla Stat.?
◉ Chapter 119, Florida Statutes. Answer: What chapter of the Florida
Statutes is the Public Records Act?
◉ All reports, notes, or writings of the Code Inspector are "public
records" under Florida law. Answer: What is part of Public Records?
