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FUNDAMENTALS OF CODE
ENFORCEMENT QUESTIONS AND
CORRECT ANSWERS
"good service" - ANSThis means if service is successful using one of the methods of primary service. Service has been received and the case can go forward. "London Building Act" - ANSIn 1666 another great fire in London burned out of control for five days partially destroying 15,000 buildings. This fire prompted the English Parliament to adopt legislation known as the? $1,000 per day per violation for a first violation; $5,000 per day per violation for a repeat violation - ANSState statute empowers county or municipalities having a population equal to or greater than 50,000 to adopt, by a vote, an ordinance that gives the CEB and Special Magistrate the authority to assess what kind of fines for certain violations? $15,000 per violation if the violation - ANSState statute empowers county or municipalities having a population equal to or greater than 50,000 to adopt, by a vote, an ordinance that gives the CEB and Special Magistrate the authority to assess what kind of fines for irreparable or irreversible violations? 10 acres. - ANSA quarter of a quarter of a quarter section?
110 days - ANSThe clerk shall transmit the record to the Court within how many days of the filing of the notice? 14 days - ANSOnce a warrant has been approved how long can you execute it for? 14th AMENDMENT - ANSWhich amendment of the constitution ALSO protects equal rights? 160 acres - ANSHow many acres is in a quarter of a section? 18 - ANSWhat is the age of a person who can give consent or present at inspection?
- ANSWhen was the intersection of the Base Line and Principal Meridian in Tallahassee established? 20 - ANSHow many Circuit Courts are there in the State of Florida? 20 years. - ANSLiens may continue in force for how long? 24 hours - ANSA good rule of thumb is to act on the issue within how many hours of receiving the complaint? 27 AD - ANSIn what year did Rome enact regulations for the safety of public buildings?
50 days - ANSThe "Clerk of the Lower Tribunal" must prepare the "record" and serve an index of the record to all parties within how many days? 60 minutes - ANSHow many minutes in one degree? 60 seconds - ANSHow many seconds in one minute? 640 acres - ANSWhat is the area of a section? 67 - ANSHow many County Courts are there in the State of Florida? 75 words. - ANSwhat is the length of an average paragraph? A five-person board. - ANSIf the local governing body has a population of less than 5,000 people, what size would the Code Enforcement Board be? A minimum of four members - ANSWhat is the quorum of a seven-member board? A minimum of three members - ANSWhat is the quorum of a five-member board? A seven-person board - ANSIf the local governing body has a population equal to or greater than 5,000 people, what size would the Code Enforcement Board be? Actor/Verb/Object - ANSWhat is AVO?
Affect the environment, health, safety, property values, and general well being of the general public. - ANSCode enforcement addresses which kind of issues? Affidavit Of Hand Delivery, Affidavit Of Posting, Affidavit Of Non- Compliance, Affidavit Of Compliance - ANSThe most common types of affidavits used in code enforcement are? An initial verbal warning - ANSWhat kind of notice may be given to a property owner when investigations result in the determination that a minor violation exists? Appraisal, description of property, improvemements - ANSThe records on property typically include... Arrest such person - ANSIf persons issued notices to appear refuse to sign such notices, code enforcement officers/inspectors have no authority to do what? Article I, Section 23 - ANSWith regard to privacy, in 1980 the voters of Florida approved which constitutional amendment of the Florida Constitution? ASKING FOR THE DEED - ANSWHAT IS THE QUICKEST WAY TO FIND THE OWNER OF A PROPERTY?
Camara v. Municipal Court of San Francisco - ANSA United States Supreme Court held that a warrant is required to make routine annual inspections of residential structures, and an occupant who refuses to give consent to an inspection cannot be prosecuted for a violation of law requiring obedience to the orders of a municipal official Certified mail or hand delivery. - ANSWhat are the two primary methods of providing service? Chapter 119 - ANSWhich chapter states that all reports, notes, or writings of the Code Inspector are "public records" under Florida law? Chapter 162 - ANSWhich chapter of the Florida Statutes is the most important law affecting Code Enforcement? It sets forth the legal authority for Code Enforcement activities, the rules that must be followed in obtaining compliance with the law or creating a lien, and it defines the rights which the local government has as a result of the creation of liens. Chapter 90 - ANSWhat Chapter of Florida Statutes outlines Evidence? Circumstantial evidence - ANSIs evidence of an indirect nature which allows "inferences" to be drawn. Community-oriented policing units, code action teams, and community- health action teams. - ANSWhat are some examples of partnerships?
Competent Substantial Evidence - ANSWhat is the burden of proof in a Code Case? County Courts - ANSWhat courts are citations appeal to? County Property Appraisers Office - ANSProperty records in Florida are maintained by... County Tax Rolls - ANSThe name of the owner of a parcel of real estate can be located where? Curvature of the earth - ANSWhat causes the dimensions to widen as they progress south? Direct evidence - ANSEvidence that CLEARLY shows some act or omission by the alleged violator. Due process of law - ANSimplies the right of the people affected to be present before the tribunal who pronounces judgment upon questions of life, liberty, or property. Easement - ANSInterest in another land, as for right of way, or access to private utilities is... Easements - ANSdo not give the holders of the easement ownership of the property but do give the holders the right to enter and use the property owned by others.
Hearsay may be admissible if it supports direct evidence. - ANSWhen is hearsay admissible? Housing codes - ANSThe earliest-known codes are? In 1871 - ANSIn what year did a terrible fire in Chicago killed 250 people and left 100,000 without homes? That fire inspired the city to enact a building and fire prevention ordinance. In the NE corner and runs WEST - ANSNumbering of sections on a township begins... Informing the public about the standards that govern their communities and neighborhoods. - ANSWhat is the least time consuming method of enforcement? Initial Complaint or Investigation documents, Activity (or follow-up), Case Dockets or Summaries, Miscellaneous reports. - ANSWhat are the four types of Code Enforcement Documents? Inspection - ANSA close observation of actual conditions existing on properties' structures and their approved uses. International Code Council and the International Building Codes. - ANSBOCA, ICBO, and SBCCI united and formed what two entities?
Is moderately expensive, but the benefits to the community represent tax dollars well spent. - ANSWhat is a disadvantage of the type of code enforcement which Florida and many other states commonly practice today? King Hammurabi (Babylonian Empire) in approximately 2000 BC. - ANSThe earliest and most rudimentary building codes of which we have knowledge are attributed to? Knowing the zoning of the property may reveal other issues in addition to the original complaint. - ANSWhy should code enforcement officers/inspectors know the zoning on a property that someone has called in to complain about? Leaving them at the known residence of the respondent with any person at least 15 years of age, and who resides there. - ANSServers can make hand delivery by giving notices directly to respondents, or by what measures? Liens - ANSSection 162.09 empowers the CEB to record what against a property? Massey and Massey v. Charlotte County - ANSWhat case stresses the necessity of a "separate" hearing prior to the imposition of fines and lien? Meristem v. Metro Dade - ANSWhat case deals with the concept of even if a certain ordinance had never before been enforced against anyone, this
On each team member. - ANSThe effectiveness and efficiency of a code enforcement unit will depend on? one mile by one mile - ANSWhat is the size of a standard section? Owen v. State - ANSA Florida court found the enforcement of a criminal statute to be constitutional even though it was only enforced against marijuana sellers who sold more than 50 pounds; here the court found a legitimate governmental purpose being served in that selective enforcement. Per Se Rule - ANSWhen an owner is deprived the use of his/her property it is called what? Perjury - ANSFalsifying an affidavit can be charged with what crime? Point of Beginning - ANSIn the metes and bounds method, what is the starting reference called? Posting and publication - ANSWhat are the two secondary methods of providing service? Proactive - ANSNeeds driven as determined by staff observation or other methods Procedural Due Process - ANSinvolves the right of the violator to receive notice of the proceedings and the right to a hearing (with confrontation and
cross-examination of "accusers") to determine governmental deprivations of liberty or property interests. provided "to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the local government by such owner." - ANSF.S. 162.12 states that Notice of Violation shall be what? quasi-judicial - ANSa characteristic of independent regulatory agencies that gives them judicial power to interpret regulations they create Quorum - ANSDefined as the number of members which must be present to conduct business in a CEB Range Lines - ANSLines running north and south at 6 mile intervals east and west of the Principal Meridian. Reactive - ANSComplaint driven Report - ANSA permanent written record that communicates useful important facts to be used in the future. Response time - ANSThe period of time in which a code enforcement officer/inspector must respond (investigate) to an alleged violation or complaint.
Sue to recover a money judgment for the amount of the lien plus accrued interest or foreclose on the unpaid lien, - ANSaccording to Florida Statutes 162.09(3), After three months from the recording of the lien the enforcement board may authorize the local governing body attorney to what? That is relevant and is a fair and accurate representation of material fact or issue to be proved. - ANSWhat are the standards to submit a picture in a Code Case? The administrative aspects of the codes. - ANSCode officers/inspectors should also be well trained in what? The Chain of Command - ANSThe connection or linkage of authority and responsibility that joins one level of an organization to another. The Circuit Court. - ANSThe only appeal of a CEB order is to what? The Code Enforcement Board (CEB) - ANSA quasi-judicial body that has the power to adjudicate cases, issue findings of facts, and impose punitive fines. The Code Inspector must (1) notify the alleged violator and (2) provide the alleged violator a "reasonable time to correct the violation" - ANSBefore the formal notice of violation is issued, the Code Inspector must provide the alleged violator with what?
The departmental mission - ANSWhat must Code officers/inspectors must also know? The Fifth Amendment - ANSWhich Amendment requires that private property not be taken for public use without payment of just compensation? This is applicable to state and local government as well as the federal government. The Fourth Amendment - ANSWhich Amendment to the Constitution of the United States generally prohibits unreasonable searches or seizures of any property? The opportunity to contest that violations occurred. - ANSHearings provide alleged violators with what? The Repeat Violator, The Emergency Case, and Irreparable and Irreversible. - ANSWhat are the 3 Exceptions to the "reasonable time" clause? The rights-of-way - ANSThey contain the streets, the curbs, the parkways and sidewalks. The State of Florida Building Code - ANSIn March of 2002, Florida elected not to adopt the International Code instead adopting which code? The technical and administrative requirements of the adopted codes. - ANSWhat must Code Officers/Inspectors know?
Two - ANSIn the absence of board members on either five or seven member boards, F.S. 162 enables appointment of how many alternates? up to $250 per day for first time violators and up to $500 per day for repeat violators and may include all costs of repairs - ANSSection 162. empowers the CEB to impose fines of how much for certain violations? Up to $5,000. - ANSSection 162.09 empowers the CEB to impose fines of how much for irreparable or irreversible violations? Using the plat book and page method of description. - ANSHow is property described? Verbal notice, informal written notices, courtesy notices, referrals. - ANSWhat are some types of informal notices? Village of Belle Terre v. Boraas - ANSa local zoning ordinance limited occupancy of single-family residential property to not more than two unrelated persons. The ordinance was held valid as a reasonable measure for reducing congestion, promoting tranquility in residential areas, and providing greater family amenities. Voluntary Compliance - ANSWhat is the purpose of Code Enforcement? Wendy Fong v. Town of Bay Harbor Islands - ANSWhat case rules to invalidate both
a 'forced sale' or, as here, the simple imposition of a 'lien' on homestead property? What constitutes compliance. - ANSCode officers/inspectors must clearly indicate to violators what? Written correspondence. - ANSA department should standardize the format and content of what? Yes (implied) - ANSDoes anyone currently have a Federal Right to Privacy? Yick Wo v. Hopkins - ANSWhich U.S. Supreme Court case, is a classic example of "selective enforcement" with the intent to discriminate? Zoning - ANSThe division of land into districts and described uses within those districts. Zoning Ordinances - ANSLaws that specifically regulate the private use of land?
