§ 9-16. Notice and service of process.

(a)

Notice of hearings or proceedings before the board or the hearing officer shall incorporate and set out the following:

(1)

The name of the complainant, if other than the board;

(2)

The name of the respondent;

(3)

A statement of the alleged facts upon which the violation is based;

(4)

The time, date, and place of the hearing or proceeding;

(5)

A statement that "failure to attend may result in an order being issued adverse to your interests";

(6)

That all parties may be represented by counsel; and

(7)

That all parties shall be given an opportunity to present witnesses and evidence in support of their position.

(b)

Service on an individual is sufficient if made by delivering a copy of the complaint, notice of violation or pleading to the person to be served or by leaving such copies at such individual's usual place of abode with some person of the household over fifteen (15) years of age, and informing such person of its contents.

(c)

Service on a business organization is sufficient if made by delivering a copy of the complaint, notice of violation or pleading to the president, vice president, agent of record or other head of the corporation or as otherwise provided by general law.

(d)

When an individual or a business organization cannot be personally served within Broward County, and after diligent search and inquiry cannot be located within the county, then service is sufficient if made in one or more of the following ways:

(1)

By publication in a newspaper of general circulation in Broward County four (4) times;

(2)

By prepaid mail, return receipt requested, addressed to the respondent at the last-known address and deposited with the U.S. Postal Service.

(e)

If service was perfected upon an individual or business organization, all subsequent process or service shall be sufficient if mailed to such individual or business organization at the address where service was originally perfected.

(f)

Service is sufficient if made by an officer authorized to serve process under the laws of the state of Florida or by a code enforcement officer.

(g)

Subpoenas.

(1)

The chair of each board or a hearing officer has the power to issue subpoenas for the production of documents or for the attendance of witnesses at a hearing upon the written request of the complaint, the respondent, the County, or upon the chair's or hearing officer's own motion.

(2)

A subpoena may be served by any person authorized by law to serve process or by any person who is not a party and who is of majority age. Service shall be made by delivering a copy thereof to the person named in the subpoena. Proof of such service shall be made by affidavit of the person making service, if not served by an officer authorized to do so.

(3)

A party may seek enforcement of a subpoena issued under the authority of this chapter by filing a petition for enforcement in the appropriate court.

(Ord. No. 78-9, § 1, 1-18-78; Ord. No. 94-27, § 6, 5-10-94; Ord. No. 2001-09, § 14, 3-27-01; Ord. No. 2010-15, § 1, 4-13-10)