Legal Issues of Code Enforcement Questions
And Complete Solutions 2025/26
Discretionary - Correct Answer The decision to investigate and subsequently cite, or not cite,
an alleged violator for a code
enforcement violation is __________
Trianon Park Condominium v. City of Hialeah, 468 So.2d 912 (Fla. 1985). - Correct 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. - Correct 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. -
Correct Answer What are the three exceptions to the "reasonable time to correct" standard?
At least ten business days - Correct 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. - Correct Answer What are the requirements for a Code
Inspector issuing a citation pursuant to Section 162.21, Fla Stat.?
Chapter 119, Florida Statutes. - Correct 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 -
Correct Answer What is part of Public Records?
Can you lien Homestead Property with a Code Lien? - Correct Answer No
Wendy FONG, v. TOWN OF BAY HARBOR ISLANDS - Correct Answer What is the case that states
you cannot lien a Homestead property?
- Notice
- An Opportunity to be Heard and to Defend
- Before a competent tribunal vested with the jurisdiction of the subject matter. - Correct
Answer The Florida and United States Constitutions require that procedural due process of law
be
granted to all parties. What elements of Procedural due process of law are required?
1. Sufficient description of the violation.
2. Determination of the person to cite, the alleged violator or the landowner if the landowner is
not the alleged violator.
3. Reasonable time period from the date in which the Notice of Violation is received by the
alleged violator and the date of the hearing
And Complete Solutions 2025/26
Discretionary - Correct Answer The decision to investigate and subsequently cite, or not cite,
an alleged violator for a code
enforcement violation is __________
Trianon Park Condominium v. City of Hialeah, 468 So.2d 912 (Fla. 1985). - Correct 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. - Correct 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. -
Correct Answer What are the three exceptions to the "reasonable time to correct" standard?
At least ten business days - Correct 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. - Correct Answer What are the requirements for a Code
Inspector issuing a citation pursuant to Section 162.21, Fla Stat.?
Chapter 119, Florida Statutes. - Correct 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 -
Correct Answer What is part of Public Records?
Can you lien Homestead Property with a Code Lien? - Correct Answer No
Wendy FONG, v. TOWN OF BAY HARBOR ISLANDS - Correct Answer What is the case that states
you cannot lien a Homestead property?
- Notice
- An Opportunity to be Heard and to Defend
- Before a competent tribunal vested with the jurisdiction of the subject matter. - Correct
Answer The Florida and United States Constitutions require that procedural due process of law
be
granted to all parties. What elements of Procedural due process of law are required?
1. Sufficient description of the violation.
2. Determination of the person to cite, the alleged violator or the landowner if the landowner is
not the alleged violator.
3. Reasonable time period from the date in which the Notice of Violation is received by the
alleged violator and the date of the hearing
