§ 98-198. Enforcement; civil remedies

(1)

Except as otherwise provided herein, the requirements of this chapter shall be enforced to the extent that the following enforcement mechanisms may be applicable:

(a)

By referral to or on the initiative of the code inspector or officer pursuant to the authority granted by F.S. ch. 162, pt. I, and chapter 2, article II, division 2 of this Code; however, in no instance shall a civil penalty of less than $100.00 per violation per day of violation be imposed;

(b)

By citation for civil penalties pursuant to the authority granted by F.S. ch. 162, pt. II, and chapter 2, article II, division 3 of this Code; however, in no instance shall a civil penalty of less than $100.00 per violation per day of violation be imposed;

(c)

Upon the determination of the city commission, by a civil action in accordance with F.S. § 162.30; and/or

(d)

Upon the determination of the city commission, by an action for injunctive relief in a court of competent jurisdiction.

(2)

Contractor violations: Violations by contractors or other persons performing work on the property in contravention of the requirements of this article may be assessed the following penalties or fines pursuant to the city's ordinary code enforcement procedures in accordance with F.S. ch. 162, pt. I, and chapter 2, article II, division 2 of this Code, or, where such enforcement would prove ineffective or otherwise impractical, via F.S. § 162.30.

(a)

Violations committed by a contractor or other agent hired by or working on behalf of the property owner to perform work or by a property owner who performed such work him/herself on any structure or property regulated pursuant to this chapter are hereby deemed irreparable and irreversible, and shall be assessed as follows:

1.

One thousand dollars for a first violation;

2.

Two thousand dollars for a second violation; and

3.

Three thousand dollars civil fine or penalty for a third or subsequent violation, and the violator shall be prohibited from applying for a certificate of approval for work not associated with the correction of the violation for a period of three months.

Additionally, a violator shall be prohibited from applying for any certificate of approval until such civil fine or penalty awarded or assessed pursuant to this section has been paid in full. Prohibitions against application for a certificate of approval contemplated in this section shall not become effective until the judgment or assessment requiring such prohibition becomes final.

(b)

For the purposes of this subpart, each unauthorized alteration of each separate historic element regulated by this article shall constitute a separate violation. In the event that a property owner has performed the work him/herself, the fines or penalties assessed pursuant to this section shall be in addition to any fines or penalties related to nonconforming conditions on the subject property or other continuing violations of this chapter.

(c)

Persons holding a contractor's certification or license shall, upon an assessment or award of an administrative fine or civil penalty pursuant to this subpart, shall be referred to the construction trades qualifying board, and/or the appropriate state licensing board, for further enforcement.

(d)

Any civil action to be initiated in a court of competent jurisdiction for the collection of monetary civil penalties assessed pursuant to this subsection must be referred to and approved by the city commission prior to initiation of such action.

(3)

In cases where a structure has been either demolished or relocated in violation of this chapter, or where any building has to be demolished by the city pursuant to lawful condemnation procedures and the owner of said structure has received two or more notices from the city regarding neglect or failure to maintain the structure as herein required, a civil penalty shall be assessed in an amount equal to 30 percent of the market value of the property and structure(s) prior to its demolition, however this civil penalty shall be no less than $10,000.00. This civil penalty shall be in addition to and separate from any costs incurred by the city in removal of any structure and otherwise recoverable from the property owner. Additionally and separate from any civil penalty provision in this section, there shall be no certificate of approval issued for new development on the subject property for a period of one year from the date the city's judgment for civil penalties has become final, unless and only when such certificate of approval is issued to correct and repair a demolition in whole or in part. The ARHPB must refer matters to be assessed pursuant to this provision to the city commission for final approval and authorization for enforcement through a court of competent jurisdiction in accordance with F.S. § 162.30.

(4)

In addition to civil penalties, any person altering, demolishing or relocating all or any portion of a structure in violation of the provisions of this chapter may be required to repair or restore any such property or to return it to its former location and condition.

(5)

The owner or tenant of any structure subject to the regulations of this chapter and any architect, planner, surveyor, engineer, realtor, attorney, builder, contractor, agent or other person who commits, participates in, assists in, or maintains a violation may be found guilty of a separate offense and suffer the same penalties or fines as the person or entity actually performing the unauthorized actions.

(6)

The daily accrual of any civil penalty or fine shall be tolled from the date a complete application for a certificate of approval seeking after-the-fact approval of unauthorized work is filed with the city until a final decision is rendered on such application. If such application results in a denial in whole or in part for the unauthorized work, the civil penalties or fines authorized under this section for work associated with such denial shall be tallied uninterrupted from the original date of the violation.

(7)

Work that has been done without first obtaining a required certificate of approval or that has been done in violation of or contrary to an approved certificate of approval, including any conditions imposed therein, shall be considered irreparable or irreversible.

(8)

Civil penalty payments and administrative fines recovered pursuant to this chapter shall be used to fund enforcement efforts under this chapter, with any remainder being subject to allocation for a valid municipal purpose. Upon successful prosecution of any violation of this chapter wherein the city has filed suit in a court of competent jurisdiction to recover a civil penalty and/or obtain injunctive relief, the city shall be authorized to recover its reasonable attorney's fees and costs.

(9)

For the purposes of this section, the community development director or his or her designee(s) shall be deemed a code inspector authorized to cite violators of this article and request hearings before the city's code enforcement board or special magistrate, whichever may be applicable.

(Ord. No. 10-05, § 2(Exh. 1), 1-14-10)