Given the current economy, real estate investors and mortgagees may find themselves in possession of larger amounts of vacant property across the state of Florida. By their very nature, unoccupied properties are more likely to fall into disrepair, putting their owners at risk of unknowingly violating local county or municipal codes. Assuring compliance with these local codes can prove difficult, as code requirements vary from region to region, but is essential as even the smallest of violations can create thousands of dollars of liability per day. This article provides an overview of local code enforcement to help property owners meet compliance obligations and avoid potentially enormous fines, liens and even foreclosure.

Local Code Enforcement Overview

In 1980, the Florida legislature enacted the "Local Government Code Enforcement Boards Act," located at Florida Statutes Section 162.01, et seq. The act authorizes local counties and municipalities to either appoint a special magistrate or create a code enforcement board, which, depending of population size, consists of five or seven community members chosen to enforce the local codes and ordinances. Fla. Stat. Sections 162.02, 162.03, 162.05. The local governing body also appoints an attorney to appear at code enforcement hearings to either prosecute the cases or serve as an advisor to the board. Fla. Stat. Section 162.05.