Monroe County Code Enforcement v. Carter

Monroe County (“the County”) seeks certiorari to quash a circuit court’s order dismissing a notice of code violation. We grant the petition.

A County inspector issued a six-count notice of violation against Sandra L. Carter (“the property owner”). The main violation was a prohibited habitable downstairs enclosure. Apparently, at the time the inspector issued the notice of violation, the inspector did not indicate the date the enclosure was built.

Thereafter, the joroperty owner sought a variance and requested a hearing before a special magistrate. The special magistrate determined that the…