By Linda Dean Cooper
In the past, Code Enforcement cases for Levy County government were handled through county court, but in recent years a backlog had developed that many believe could be resolved by hiring a code enforcement special magistrate.
At the June 6, 2023, BoCC meeting, Fugate Law firm was awarded the Code Enforcement Special Magistrate contract. The hiring of Fugate Law firm as Special Magistrate for Levy County is having a significant positive impact on how code enforcement cases are handled. His approach seems to focus on being informed, efficient, and compassionate, ensuring that violations are taken seriously but that respondents are treated fairly.
The magistrate functions much like a county judge, taking testimony, reviewing evidence, making decisions on how the code enforcement cases should be resolved, and freeing the county judge to handle other legal issues.
I attended the September 18, 2024, hearings after receiving the agenda packet for those cases. The four cases on the agenda were very detailed, and I was curious about the entire process.
The violations ranged from open storage and accumulation of junk (Code Sec 34-40); unserviceable vehicles not shielded from view (Sec 34-41) there are exceptions, and temporary use of recreational vehicles (Sec 50-718 & Sec 50-773).
The code sections mentioned above have considerably more details and explanations than their brief titles suggest.
The seventeen-page agenda provided details of the dates of violations, description of violations, who was contacted by USPS certified letter with return receipt requested, date violations were to be corrected, and dates of re-inspection if the respondent was or was not in compliance.
The first case was a no-show but not ignored, they did not get a free pass. Attorney Fugate and Code Enforcement Officer Dave Banton discussed the case, and the respondent was given another 30 days to comply and on day 31 will start accruing a $100 a day fine until the respondent complies. Each respondent was allowed to plead their case and Fugate ruled accordingly.
Hiring a code enforcement special magistrate is one of the best decisions made by the Code Enforcement Department and the BoCC.
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Posted September 22, 2024
