§ 2-140. Civil penalties.

(a)

A violation of a code or ordinance enforced pursuant to this division is a civil infraction.

(b)

Except as otherwise provided by law or ordinance, with respect to a violation of a code or ordinance that is continuous with respect to time, each day that the violation continues shall be considered as a separate violation. Except as otherwise provided by law or ordinance, as to any other violation of a code or ordinance that is not necessarily continuous with respect to time, each act of violation and each day upon which any such violation occurs shall be considered a separate violation.

(c)

Violation of any code or ordinance enforced pursuant to this division shall be subject to a maximum civil penalty not to exceed $500.00.

(d)

If a person who has committed a civil infraction does not contest the citation, a civil penalty of less than the maximum civil penalty shall be assessed in accordance with the following schedule of violations and penalties:

Code or Ordinance Violated	Civil Penalty
Any section of chapter 34, article I, year-round water conservation measures and water shortage regulations	First violation	Verbal warning
	Second violation	Written warning
	Third violation	$25.00
	Fourth violation	$50.00
	Fifth and any subsequent violation	Up to $500
Any section of chapter 34, article II, abandoned property, junk, trash and litter	First violation	$50.00
	Second violation	$100.00
	Third and any subsequent violation	$250.00
Section 50-133, Preinspection of used mobile homes and building move-ons	$50.00 plus double permit fees per violation, up to a maximum of $500.00 per violation
Section 50-772, Certificate of zoning compliance	$50.00 plus double permit fees per violation, up to a maximum of $500.00 per violation
Section 50-773, Building permits compliance	Double permit fees per violation, up to a maximum of $500.00 per violation
Section 50-774(e), Certificate of occupancy, rental units	$100.00 per violation
Section 50-719 I. or 50-719 II.(a), Mining and excavation of minerals, resources, or natural resources, and site reclamation; Special exception approval and excavation and fill permits required; vesting; exceptions; Special exception approval required	$250.00 per violation
Section 50-719 I. or 50-719 II.(b), Mining and excavation of minerals, resources, or natural resources, and site reclamation; Special exception approval and excavation and fill permits required; vesting; exceptions; Exemptions from special exception requirement but not excavation and fill permit requirement	$100.00 plus double permit fees per violation, up to a maximum of $500 per violation
Section 66-1, Street naming and building numbering system	$25.00 per violation
Any other code or ordinance not specifically listed in this section 2-140	First violation	$50.00
	Second violation	$100.00
	Third and any subsequent violation	$250.00

 

(e)

In addition to any civil penalty provided for in this section, the person assessed such civil penalty shall also be required to pay any costs imposed or required to be paid by statute, ordinance, or code.

(f)

If a person elects not to contest the citation as provided herein, the person shall pay the applicable civil penalty plus costs to the clerk of the circuit court.

(g)

If a person fails to pay the civil penalty or request a hearing, and fails to appear before the county court to contest the citation, the person shall be deemed to have waived his right to contest the citation and, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. As an additional remedy, the county may refer cases of violations not paid and not contested to a collection agency for processing, collection, and notification of failure of payment to a credit bureau.

(Ord. No. 2007-02, § 5, 5-8-2007; Ord. No. 2015-06 , § 3, 6-23-2015)

State law reference

Civil penalties, F.S. § 162.21(5).