§ 94-32. Violations, notification, penalties and enforcement.

(a)

Violations.

(1)

Noncompliance. Failure to comply with the requirements of this article or any other state or federal regulations for the listed regulated substances shall be considered a violation of this article.

(2)

Notice of violation. Whenever a violation of a regulation has occurred, the inspector shall immediately issue written notice to the person in violation, identifying the nature and location of the violation, and shall specify that remedial action is necessary to bring the violation into compliance. The person in violation shall have 30 calendar days after the receipt of the notice or such longer time as may be specified in the notice to complete the remedial actions required to bring the activity into compliance with this article.

(3)

Failure to comply after notice. If the person in violation, including the property owner, fails to complete recommended remedial action within the time allowed, the city may refer such matter to the city's code enforcement board or may initiate any other enforcement action authorized by law.

(4)

Immediate corrective actions. Whenever it is determined by the inspector that a discharge of regulated substances is within 1,000 feet of a public supply well or is resulting in danger to life or property, the city may require immediate corrective action. Initiation of any required cleanup activities shall commence within 24 hours and shall be completed within a time specified by the city. Failure to take such immediate corrective action is a violation of this article. If immediate corrective measures are not taken and there is danger or hardship to the public, the inspector may enter upon lands, take corrective actions, and place a lien on the real property of such person to recover the costs of the corrective measures.

(b)

Notification.

(1)

Notice of violation. A copy of any notice of violation issued pursuant to this article shall be served upon the affected persons by either personal delivery or certified mail and shall be posted on the site. A notice of violation may be directed to the person owning the land upon which the noncompliance is occurring or to any person actually physically committing the violation. When immediate corrective actions are warranted under subsection (a)(4) of this section, reasonable effort shall be made to provide notice as specified in this subsection. But when such notice cannot be immediately effected thereby, sufficient notice may be given by physically leaving a copy of the notice or order at the address of the owner of the property or with any person at such address who is 18 years of age or older and informing such person of the contents of the notice or order.

(2)

Notice of compliance. Upon satisfactory completion or corrective action and remedial steps required by a notice of violation, the city or the state department of environmental protection shall forthwith issue a notice of compliance or a site rehabilitation completion order if the site was governed by F.A.C. ch. 17-770. The notice of compliance shall cancel the notice of violation.

(3)

Lien. Any lien determined under the authority of this article shall be imposed only after actual or constructive notice to the owner of the property upon which the lien is sought to be imposed, and such person shall be given a reasonable opportunity to be heard. Such lien shall be recorded with the clerk of the circuit court and may be enforced under F.S. ch. 85.

(c)

Penalties.

(1)

Generally. Any person violating any section of this article shall be punished according to law or in accordance with the findings of the city's code enforcement board. Each day any violation continues shall be a separate offense.

(2)

Building permits. No building permit shall be issued for a site while any violation of this article exists on the site. A building permit shall not be issued to any business that manufactures, stores, or uses regulated substances as listed in section 94-63 that are not exempt as per section 94-64, if such business is within 200 feet of a public potable water supply well.

(3)

Injunctions. Any affected person may seek an injunction against any violation of this article and recover from the violator such damages as he may suffer, including but not limited to the damage to property as a result of a release of regulated substances.

(d)

Enforcement. This article shall be strictly enforced in accordance with the enforcement procedures established in division 2 of article II of chapter 2 and any established federal or state enforcement procedures.

(Code 1988, § 26-9)