This article establishes procedures through which the City seeks to ensure compliance with the provisions of these LDRs and obtain corrections for LDR violations. It also sets forth the remedies and penalties that apply to violations of these LDRs. The provisions of this article are intended to encourage the voluntary correction of violations, where possible.

Compliance with all provisions of these LDRs is required by all persons owning, developing, managing, using, or occupying land or structures in the City. It shall be unlawful for any person to construct, reconstruct, alter, demolish, change the use of or occupy any land, building or other structure within the City in violation of these LDRs.

9.3.1

Violations generally.

(A)

Failure to comply constitutes a violation. Any failure to comply with a requirement, standard, prohibition, or limitation imposed by these LDRs, or the terms or conditions of any development permit or other approval or authorization granted pursuant to these LDRs, shall constitute a violation of these LDRs.

(B)

Development permit approvals only authorize development approved. Development permits issued on the basis of plans and applications approved by the City Commission, Planning and Zoning Board (PZB), Board of Adjustment (BOA), LDR Administrator, Public Services Director or other officials or agencies where additional approval is required, authorize only the use, arrangement, location and construction set forth in such permits, and no other use, arrangement, location or construction. Development at variance with that authorized shall be deemed a violation of these LDRs, punishable as provided in this article.

9.3.2

Specific violations. It shall be a violation of these LDRs to do any of the following:

(A)

Develop land or structure without obtaining appropriate development permit. Develop land or a structure without first obtaining the appropriate development permit.

(B)

Occupy or use land or structure without obtaining appropriate development permit. Occupy or use land or a structure without first obtaining the appropriate development permit.

(C)

Develop land or structure without complying with conditions of development permit approval. Develop land or a structure without complying with the terms or conditions of the development permit required to engage in development.

(D)

Occupy or use land or structure in violation of conditions of development permit. Occupy or use land or a structure in violation of the terms or conditions of the development permit or permit approval.

(E)

Subdivide land without obtaining appropriate development permit. Subdivide land without first obtaining the appropriate development permit or permit approvals required to engage in subdivision.

(F)

Subdivide land without complying with terms or conditions of subdivision approval. Subdivide land without complying with the terms or conditions of the subdivision approval required to engage in development.

(G)

Excavate, grade, cut, clear or undertake other land disturbing activity without appropriate permit or permit approvals and compliance with terms and conditions of approval. Excavate, grade, cut, clear or undertake any and disturbing activity without first obtaining all appropriate development permits and permit approvals, and complying with their terms and conditions.

(H)

Remove trees without appropriate permit. Remove existing trees from a site or parcel of land without first obtaining appropriate development permits and permit approvals, and complying with their terms and conditions.

(I)

Construction of signs without appropriate permit. Install, create, erect, alter, or maintain any sign without first obtaining the appropriate development permit or permit approval. Installation, creation, alteration, or erection of a sign without a permit shall be considered a violation by the owner or lessee in control of the property, by the user identified on the sign and by the person or entity installing, creating, altering, or erecting the sign.

(J)

Construction of signs in violation of approved plan or permit. Install, create, erect, alter, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the development site on which the sign is located.

(K)

Removal of signs. Fail to remove any sign installed, created, erected, altered, or maintained in violation of these LDRs, or for which the sign permit has lapsed.

(L)

Nonconformities. Create, expand, replace, or change any nonconformity except in compliance with these LDRs.

(M)

Reduce or diminish development, design, or dimensional standards. Reduce or diminish the requirements for development, design, or dimensional standards below the minimum required by these LDRs.

(N)

Density or intensity of development. Increase the intensity or density of development, except in accordance with the standards of these LDRs.

(O)

Any other action or omission that violates these LDRs. Through any act or omission, fail to comply with any other provisions, procedures, or standards as required by these LDRs.

Any person who owns property that is in violation of these LDRs shall be subject to the remedies and penalties set forth in this article.

9.5.1

Responsibility for enforcement.

(A)

The LDR Administrator shall be responsible for enforcing the provisions of these LDRs. Nothing in this subsection shall prevent the LDR Administrator from delegating authority to another City official, such as a Code Enforcement Officer, in accordance with Section 10.1.5, Delegation of authority.

(B)

The Code Enforcement Officer may prosecute any violation of the provisions of these LDRs in accordance with the standards and procedures in this article.

9.5.2

Notice of violations.

(A)

When the LDR Administrator finds a violation of these LDRs, the LDR Administrator shall notify, in writing, the person violating these LDRs. Such notification shall indicate the nature of the violation, order the necessary action to abate the violation, give a deadline for correcting the violation, and state the action to be taken if the violation is not corrected within the specified timeframe.

(B)

If a violation is not corrected within the specified period of time provided, the LDR Administrator shall schedule a hearing before the Special Magistrate, who shall take appropriate action, as provided in Section 9.7, Remedies and penalties, to correct and abate the violation and to ensure compliance with these LDRs.

9.5.3

Complaints regarding violations. Whenever a violation of these LDRs occurs, or is alleged to have occurred, any person may file a complaint. Such complaint shall state fully the alleged violation and the basis for the alleged violation, and shall be filed with the LDR Administrator, who shall maintain a record of the complaint. The complaint shall be investigated promptly by the LDR Administrator as provided in Subsection 9.5.4 of this section, Inspections to ensure compliance, and if a violation is found to exist, action shall be taken to abate or correct the violation.

9.5.4

Inspections to ensure compliance. Upon presentation of proper credentials, the LDR Administrator may enter upon land or inspect any structure to ensure compliance with the provisions of these LDRs. These inspections shall be carried out during normal business hours unless the LDR Administrator determines there is an emergency necessitating inspections at another time or times.

The City has adopted in Chapter 12, Article II of its Code of Ordinances, the utilization of a Special Magistrate for holding hearings and assessing fines against violators of municipal ordinances, including violations of applicable land development regulations.

(Ord. No. 06-31, § 14, 12-18-2006)

9.7.1

Remedies and penalties available to City. The City may use any combination of the following enforcement actions, remedies, and penalties to correct, stop, abate and enjoin a violation of these LDRs:

(A)

Notification of violation. The City may issue a notification to the person responsible for violating these LDRs, requiring the person to abate the violation. If, however, a person who has been issued a notice for violating these LDRs abates the violation, but shortly thereafter reinstitutes or reinitiates the violation, the City may pursue other remedies without reissuing a notice pursuant to this section.

(B)

Hearing before Special Magistrate. The LDR Administrator may notify the Code Enforcement Officer, who shall provide notice and schedule a hearing in front of the Special Magistrate to determine why a violation has not been corrected and determine the appropriate remedy or penalty.

(C)

Stop order. The LDR Administrator, Building Official, City Attorney, City Manager or Special Magistrate may issue and serve upon a person pursuing the activity or activities in violation of these LDRs a stop order requiring that the person stop all activities in violation of these LDRs.

(D)

Permit revocation. Any development permit, or other form of authorization required under these LDRs may be revoked by the City if it determines that:

(1)

There is a failure to comply with the approved development permit, plans, specifications, or terms or conditions required under the development permit;

(2)

The development permit was procured by false representation; or

(3)

The development permit was issued in error.

Written notice of revocation shall be served upon the landowner, the landowner's agent, applicant, or other person to whom the development permit was issued, and such notice may be posted in a prominent location at the place of violation. No work or construction shall proceed after service of the revocation notice.

(E)

Civil remedies. In addition to all other remedies and penalties outlined in this article, the City Commission or any aggrieved or interested person shall have the right to apply to the Circuit Court of Alachua County, Florida, to enjoin and restrain any person violating the provisions of these LDRs, and the court shall, upon proof of the violation of same, have the duty to forthwith issue such temporary and permanent injunctions as are necessary to prevent the violation of same.

(F)

Criminal remedies.

(1)

Any person violating any of the provisions of these LDRs or who shall fail to abide by and obey all orders and resolutions promulgated as herein provided shall be guilty of a misdemeanor of the second degree, and shall be subject to all criminal penalties authorized by the State of Florida for such violation, including upon conviction, a fine not to exceed $250.00 per day for a first violation and shall not exceed $500.00 per day for a repeat violation, and, in addition, may include all costs of repairs undertaken by the City. The Special Magistrate may impose a fine not to exceed $5,000.00 per violation if it finds the violation to be irreparable or irreversible in nature.

(2)

A certified copy of an order imposing a fine, or a fine plus repair costs (if applicable), shall be recorded with the Alachua County Clerk of Court, and shall constitute a lien against the land on which the violation exists. The fine imposed in accordance with this section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed in accordance with F.S. § 162.09, whichever occurs first.

9.7.2

Remedies cumulative. The remedies provided for violations of these LDRs, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.

9.8.1

Violations. Any of violation of Section 6.5 shall be subject to the enforcement remedies and penalties provided by this section, by these LDRs, by other ordinances of the City of Alachua, and by State law. Each sign installed, created, erected, altered, or maintained in violation of these LDRs shall be considered a separate violation when applying the penalty portions of this section.

9.8.2

Enforcement and remedies.

(A)

Any violation of Section 6.5 or of any conditions or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to State law. A violation of Section 6.5 shall be considered a violation of the City of Alachua ordinances. The remedies of the City shall include the following:

(1)

Denying a permit for such sign or for work related to it;

(2)

Issuing a stop work order for any and all work on any signs on the same development site;

(3)

Seeking an injunction or other order of restraint or abatement that requires the removal of the sign or the correction of the nonconformity;

(4)

Seeking an injunction or other order of restraint against any contractor or other person who has installed, erected, created, altered, or maintained more than two signs in any 12-month period without obtaining the permits for such signs;

(5)

Imposing any penalties that can be imposed directly by the City of Alachua under this Section 6.5, under the LDRs, under other ordinances of the City of Alachua, and under State law;

(6)

Seeking in court the imposition of any penalties that can be imposed by such court under Section 6.5;

(B)

In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the City of Alachua under the applicable provisions of the portions of this section for such circumstances; and

(C)

Signs erected in the right-of-way that do not meet the requirements of Section 6.5 shall be considered abandoned property and may be immediately removed by direction of the LDR Administrator at any time, without notice.

9.8.3

Process for removal of signs.

(A)

Removal; when permitted. The City has the right, but not the obligation, to remove any sign that is being maintained contrary to any of the terms and provisions of the LDRs, and any such sign is hereby deemed a public nuisance.

(B)

Notice.

(1)

Notice; contents. The LDR Administrator shall give notice to the person owning such sign and to the owner or lessee of the property upon which the same is located specifying the location of such sign and the nature of the violation being committed by the maintenance or keeping of the same. Such notice shall also specify what is required in order to conform such sign to the requirements of the provisions of these LDRs. Such notice shall further specify that in the event such sign is not conformed to the provisions of these LDRs, the City will take any and all action necessary in order to accomplish such result, all at the cost and expense of both the person owning such sign and the owner or lessee of the property upon which the same is situated.

(2)

Service of notice. Notice shall be served by personal service or by certified mail, return receipt requested. Service by mail shall be deemed complete upon delivery. In the event that the address of the person to be notified is unknown or the certified mail is returned either unclaimed or refused, such notice may be served by posting the same in a conspicuous place on the premises upon which the offending sign is located, in which event service shall be deemed complete as of the moment of posting.

(3)

Remedial action required. The person owning the offending sign and/or the owner or lessee of the property upon which the same is situated, within 15 days after the receipt or the posting of the aforementioned notice, whichever is applicable, shall take whatever action is necessary in order to remedy and cure the defects pointed out in the notice given by the LDR Administrator.

(4)

Further action by City. If the owner of the offending sign and/or the owner or lessee of the property upon which the same is situated shall fail to remedy the defects pointed out in the notice given by the LDR Administrator within the 15-day period, the LDR Administrator may cause such sign to be removed at the expense of both the owner of said sign and/or the owner or lessee of the property upon which the same is located. If the City chooses not to remove said sign, its rights shall not be waived to pursue other remedies as described in this section. Notwithstanding anything hereinabove to the contrary, the LDR Administrator may forthwith remove any sign where the same is imminently dangerous to the general health, safety, and welfare of the public or where the same poses an immediate threat thereto.

(C)

Other remedies. The City of Alachua shall have such other remedies as are and as may from time to time be provided for or allowed by State law or the City of Alachua Charter.

(D)

Remedies cumulative. All such remedies provided herein shall be cumulative. To the extent that State law may limit the availability of a particular remedy set forth herein for a certain violation of Section 6.5 or a portion thereof, such remedy shall remain available for other violations or other provisions of the LDRs.

(E)

Attorneys' fees and costs. To the extent permitted under Florida law and the rules of court, the City of Alachua shall be entitled to recover its attorneys' fees and court costs in any action brought for enforcement of this section.