TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Providing That Failure to Appear at a Code Enforcement Hearing Constitutes an Admission and Waiver and Authorizes Imposition of Penalties and Costs; Amending The Code of the City of North Port, Florida, Section 2-508; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.
Recommended Action
Option 1: Approve Ordinance 2026-09 as presented and continue to second reading on June 23, 2026.
City Commission Options
Option 1: Approve Ordinance 2026-09 as presented and continue to second reading on June 23, 2026.
• Pros: Will clarify responsibilities of alleged violator, enhance administrative efficiency and streamline the hearing process in situations where property owners or responsible parties do not attend scheduled proceedings.
• Cons: Staff have not identified any foreseeable negative consequences for approving Ordinance No. 2026-09.
Option 2: Deny Ordinance 2026-09 and retain Section 2-508 in its current form.
• Pros: Pros: Staff have not identified any foreseeable benefits to denying Ordinance No. 2026-09.
• Cons: Maintaining current procedural limitations will continue to create inefficiencies in the Code Enforcement hearing process.
Background Information
Currently, when a property owner fails to attend a scheduled hearing, the Code Enforcement Division must still present the case in full, including testimony, photographic evidence, and review by the Hearing Officer.
Proposed Ordinance No. 2026-09 is intended to improve the efficiency and effectiveness of the City’s Code Enforcement hearing process by addressing situations in which an alleged violator fails to appear at a properly noticed hearing. Although the City provides notice and an opportunity to be heard in accordance with Chapter 162, Florida Statutes, non-appearance by alleged violators can result in unnecessary delays; increased administrative costs; and prolonged noncompliance. By clarifying that failure to appear will be treated as a waiver of the hearing and an admission of the violation, the City can move cases forward more efficiently. Overall, the change is intended to create a more consistent and predictable process while supporting timely enforcement and enhancing the City’s ability to protect the public’s health, safety, and welfare through effective code enforcement.
Annually, there are approximately 11 Code Enforcement hearings conducted with approximately 35 cases presented at each hearing. Of the approximately 35 cases presented, approximately 28 of the cases do not have someone appear to discuss their case. The Department of Development Services estimates Ordinance No. 2026-09 will reduce the length of each hearing by approximately 30 minutes, resulting in a net time efficiency of approximately six hours’ time annually for City staff.
Ordinance No. 2026-09 has been reviewed by the City Attorney and is legally correct as to form.
The Business Impact Statement has been prepared and posted publicly in accordance with Florida Statute Section 166.041.
Strategic Plan Pillar
Good Governance
Financial Impact
There is no financial impact. The staff time efficiency as a result of Ordinance No. 2026-09 to the Code Enforcement General Fund operating budget is financially immaterial. Ordinance No.2026-09 will not have any impact on monetary penalties assessed or collected, as this Ordinance is intended to just reduce the length of hearing times.
Procurement
Not applicable.
Attachments:
1. Ordinance No. 2026-09 - First Reading
2. Business Impact Statement
Prepared by: Kevin Raducci, MPA, Code Enforcement Manager
Department Director: Alaina Ray, AICP, Director, Development Services Department