In the United States, the government that most directly affects people’s daily lives is local government (counties and municipalities). Anytime people turn on the water; walk down the sidewalk; drive on the streets or take transit; send their children to school; go to parks, recreation centers, and libraries; record their deeds; open their businesses; or build their homes; they deal with local government. Code enforcement is a function of local government and affects people’s daily lives. Its purpose is to enhance the quality of life and economy of local government by protecting the health, safety, and welfare of the community. Code violations “run with the land,” and subsequent purchasers can be held responsible for bringing the property into compliance and can be liable for payment of a lien, interest, and costs.
Local governments in Florida have adopted ordinances authorizing special magistrates to hold hearings and assess fines against violators in their respective jurisdictions. This Article discusses defenses and issues in code enforcement proceedings to provide guidance to special magistrates and private- and publicsector lawyers for fair, just, and equitable proceedings.