eLaws | eCases | Florida State | Florida Administrative Code | Florida Courts | Counties & Cities of Florida | Code of Federal Regulations | United States Code |
 Minneola
 Code of Ordinances
 SubPart A. GENERAL ORDINANCES
 Chapter 30. ENVIRONMENT
 Article IV. NOISE

  § 30-106. Enforcement.  

Latest version.

  • (a)

    Any citizen wishing to register a complaint of alleged noise disturbance violations shall be required to sign a sworn statement including the details of the complaint in order for a law enforcement or code enforcement officer to investigate and cite the alleged offender. When a noise disturbance complaint is received by the city, the code enforcement division or police department shall investigate the complaint to verify whether a noise disturbance violation has occurred.

    (b)

    This requirement shall not preclude a code enforcement officer from citing any alleged offender based on his or her own observations whether or not a complaint has been made.

    (c)

    If a complaint is verified by the code enforcement division or police department, or a noise disturbance violation is independently observed by the code enforcement division or police department, a police report or written report from the code enforcement officer will be generated documenting the date and time of the incident and the officer's observations.

    (d)

    Any person found violating this article shall be subject to a written warning to abate for their first offense, a fine of $150.00 per day for the second offense, and a fine of $300.00 per day for each additional offenses, in accordance with article IV, section (c) [section 30-103] of the City Code of Ordinances. In the event of immediate noncompliance, code enforcement officials may proceed directly to a monetary fine.

    (e)

    Each occurrence shall constitute a separate violation and shall be adjudicated before the code enforcement board or special magistrate.

    (f)

    Any violation of this section shall constitute a nuisance. The office of the city attorney may bring suit on behalf of the city, or any affected citizen may bring suit in his/her name against the person or persons causing or maintaining the nuisance, or against the owner/agent of the building or property on which the nuisance exists. Relief may be granted according to the terms and conditions of F.S. Ch. 60, as amended from time to time.

    (g)

    Violations can be appealed to the special magistrate within 20 days of notice of any fine as described in section (d). At an appeal hearing, the special master will hear testimony from the code enforcement officer or other witnesses, and issue an order as to whether a determination of a noise violation has occurred.

    (h)

    An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the enforcement board. An appeal shall be filed within 30 days of the execution of the order to be appealed.

(Ord. No. 2017-06 , § 1, 4-18-2017)