Code Enforcement Special Magistrate

The Special Magistrates job is to hear and decide alleged violations of the Code of Ordinances of the Fernandina Beach. Unlike citizen boards, a single magistrate does not have a quorum requirement, which prevents delays caused by absent members. Hearings can often be scheduled more quickly for emergency matters, and the process is generally more streamlined, resolving cases within weeks rather than months.

The Special Magistrates job is to hear and decide alleged violations of the Code of Ordinances of the Fernandina Beach. Unlike citizen boards, a single magistrate does not have a quorum requirement, which prevents delays caused by absent members. Hearings can often be scheduled more quickly for emergency matters, and the process is generally more streamlined, resolving cases within weeks rather than months. The Code Enforcement Special Magistrate holds quasi-judicial hearings which are less formal than a court hearing but similar in procedures and the presentation of evidence. The Special Magistrate may hear applications, review competent substantial evidence, and make determinations on applications. Meetings occur on the first Thursday of every month, 1:30 pm in the City Commission Chambers. The Special Magistrate will only hear items on the agenda, no walk on items are permitted. Conduct of Special Magistrate Hearings All relevant evidence shall be admitted. The special magistrate may exclude irrelevant or unduly repetitious evidence. Each party to the hearing shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses, impeach witnesses and rebut evidence. The general public shall not be entitled to present evidence although members of the general public who have relevant evidence to offer may be called as witnesses by either party. The alleged violator has the right, at his or her own expense, to be represented by an attorney at any hearing. All testimony before the special magistrate shall be under oath and shall be recorded. The alleged violator or the City may cause the proceedings to be recorded by a certified court reporter or other certified recording instrument; however, the City shall be under no obligation to provide a certified court reporter or other certified recording instrument, but, rather the City may use a recording device of its choice to satisfy its obligation to the record the meeting. The burden of proof shall be with the code enforcement officer and/or City attorney to show by the greater weight of evidence, that a code violation exists and that the alleged violator committed, allowed, or was responsible for the violation. If notice has been provided to the violator of the public hearing, the hearing may be conducted and an order rendered in the absence of the alleged violator. Appeals An aggrieved party, including the City, may appeal a final administrative order of the special magistrate to the circuit court. Such appeal shall not be a hearing de novo but shall be limited to appellate review of the record before the special magistrate. An appeal shall be filed within 30 days from the date of rendition of the special magistrate's order to be appealed. Powers of the Special Magistrate The Special Magistrate shall have the power to: Adopt rules for the conduct of hearings Subpoena alleged violators and witnesses to hearings Subpoenas may be served by the City Police department Subpoena evidence to hearings Administer oaths and take testimony under oath Enter orders finding a violation or non-violation Commission Agendas and Minutes Commission Agendas and Minutes Click Here for Code Enforcement Special Magistrate agendas. If you would like more information, please contact the Code Enforcement office at 904-310-3440.