§ 11.06.06. Special Provision Relating to the Administration and Enforcement of Performance Standards

A.

Intent

Determinations necessary for administration and enforcement of standards set forth in this Code range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no sophisticated equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this Code that:

1.

Where determinations can be made by the Administrator, using equipment normally available or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued.

2.

Where technical complexity or extraordinary expense makes it unreasonable for the County to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, for protection of individuals from arbitrary, capricious, and unreasonable administration and enforcement of performance standard regulations, and for protection to the general public from unnecessary costs for administration and enforcement.

B.

Procedure Where Administrator Can Make Determination

Where the Administrator determines that there is a violation of performance standards, he shall take or cause to be taken lawful action to cause correction, within the limits set by such performance standards. Failure to obey lawful orders concerning such correction shall be punishable as provided by law.

C.

Procedure Where Administrator Cannot Make Final Determination

If, in the considered judgment of the Administrator, there is a probably violation of the performance standards as set forth in this Code, the following procedure shall be followed:

1.

The Administrator shall give written notice, by proof of mailing, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the Administrator believes there is a violation in fact, shall require an answer or corrections of the alleged violation to the satisfaction of the Administrator within a time limit set by the Administrator.

2.

If there is no reply within the time set, but the alleged violation is corrected to the satisfaction of the Administrator, he shall note "violation corrected" on his copy of the notice, and shall retain it among his official records, taking such other action as may be warranted.

3.

If these is no reply within the time limit set and the alleged violation is not corrected to the satisfaction of the Administrator within the time limit set, he shall proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.

4.

If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the Administrator, but requesting additional time, the Administrator may grant an extension, if he deems it warranted in the circumstances of the case and if he determines that such extension shall not cause imminent peril to life, health, or property.

5.

If a reply is received within the time limit set requesting technical determination as provided in this Code, and if the alleged violations continue, the Administrator shall call in properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed by the Hillsborough County Code Enforcement Board against the properties or persons responsible for the violation, in addition to such other penalties and remedies as may be appropriate.

6.

If no violation is found, the costs of the determinations shall be paid by the County without assessment against the properties or persons involved.