Unless otherwise expressly stated by this ULDC or state law, any violation of this ULDC, including, but not limited to, the following, will be subject to the remedies and penalties provided for in this Article:

(a)

To use land or buildings in any way not consistent with the requirements of this ULDC;

(b)

To engage in development activity in any way not consistent with the requirements of this ULDC;

(c)

To install or use a sign in any way not consistent with the requirements of this ULDC;

(d)

To engage in the use of land, buildings, signs, natural resources or historic resources, or any development activity under this ULDC without obtaining all required permits or approvals;

(e)

To engage in the use of land, buildings, signs, natural resources or historic resources, or any development activity in any way inconsistent with a permit or approval granted under this ULDC;

(f)

To operate any business subject to specific use or operating conditions under this ULDC except in accordance with this ULDC; or

(g)

Any other failure to comply with the provisions of this ULDC.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

The owner, tenant or occupant of any land or structure, shall be presumed to know of activity occurring on such land or in such structure and thus may be charged with a violation of this Code for any violation found on any premises subject to this Code. Where an architect, contractor, builder, agent or other person appears to have participated directly in a violation of this Code, such person may also be charged with a violation of this ULDC. The presumption established by this Section shall be rebuttable as part of the enforcement proceeding.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

These regulations shall not affect any private deed restrictions or restrictive covenants recorded with any deed, plat, or other legal document relating to the use or lot and setback requirements except those that state or reinforce requirements of this ULDC or development approvals thereunder. No person or agency in the capacity of administering or enforcing these regulations shall be responsible for enforcing private deed restrictions or restrictive covenants.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

The County may use any of the following remedies and enforcement powers:

(a)

Referral to a Codes Enforcement mechanism. Violations of this ULDC may be referred to an Alachua County Code Enforcement mechanism pursuant to Chapter 24 of Alachua County Code, as amended from time to time, for enforcement in accordance with F.S. Ch. 162, as amended from time to time, and Chapter 24 of the Alachua County Code of Ordinances, as amended from time to time.

(b)

Referral to Florida Department of Environmental Protection. Violations of this ULDC may also be referred to the Florida Department of Environmental Protection.

(c)

Referral to State Attorney's Office. Violations of this ULDC may also be referred to the State Attorney's Office.

(d)

Citations. A citation may be issued for violations of this ULDC in accordance with F.S. Ch. 162 and Chapter 24 of the Alachua County Code of Ordinances.

(e)

Withhold permits and approvals. The County may deny or withhold all permits, certificates or other forms of authorization on any land, or structure or improvements thereon:

(1)

Upon which there is an uncorrected violation of a provision of the Alachua County Code or of a condition or qualification of a development order, permit, certificate, approval or other authorization previously granted by the County; or

(2)

That is owned or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of the Alachua County Code or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the County.

(f)

Approval of permits and approvals with conditions. Instead of withholding or denying a permit or other authorization, the official with authority to approve the permit or authorization may grant such authorization only if adequate assurances are in place to ensure correction of the violation and provided that granting the permit or authorization will not compromise the public health, safety or general welfare.

(g)

Revoke permits and approvals. Development approval, including but not limited to rezonings, plats, site plans, development plans, certificates of level of service compliance for concurrency requirements, vested rights determinations, and construction and building permits, may be revoked, modified, or suspended by the BOCC, at a public hearing upon due public notice, when it has been demonstrated and found that the development approval was granted on the basis of a clear and material misrepresentation of fact by the applicant or on the basis of a clear and material error of law, or there has been clear and material noncompliance with the conditions for approval. A proposed action to revoke, modify, or suspend a development approval may only be initiated by County staff. Upon discovery of such an erroneous development approval or noncompliance or deficiency of development activity with respect to the development approval, the County shall notify the owner, developer and other responsible parties, such as the engineer of record, the contractor or any known holders of any mortgages, by certified mail within five) working days of discovery of the error or deficiency. The responsible parties shall bear all risks and responsibility for any work undertaken after notification of the error or deficiency. Upon determining that the error or deficiency poses an immediate threat to public health or safety, the Director of the agency granting the development approval shall have the power to authorize or issue stop work orders. The responsible parties shall respond to the error or deficiency notice by certified mail within 15 working days with a proposal for corrective action to remedy the error or deficiency. The County shall evaluate and respond to the responsible parties within ten working days with either an acceptance of the responsible parties' proposal or with an alternative recommendation for corrective action. If the responsible parties' recommendation is not accepted within ten working days, the responsible parties shall have an additional 15 working days to negotiate an acceptable resolution with the County. If resolution cannot be reached, the County may proceed with revocation, modification, or suspension procedures as outlined in this Section. At least 15 days prior to the public hearing before the BOCC, notice shall be provided by certified mail to the applicant for the development approval, all owners of record of property within the portions of the development approval to be revoked, and to other property owners to the same extent as was required for the subject development approval setting forth specific allegations to support the proposed action.

(h)

Stop work.

(1)

Whenever a building or part thereof is being constructed, reconstructed, altered or repaired or any natural or historic resource is being altered in violation of this ULDC, the codes enforcement Director or any other qualified building or code inspector may order the work to be immediately stopped.

(2)

The stop work order shall be in writing and directed to the person doing the work. The stop work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.

(3)

Violation of a stop work order constitutes a misdemeanor.

(i)

Forfeiture and confiscation of signs. Any sign installed or placed on public property, except in compliance with the regulations of Chapter 407, Article III, will be subject to forfeiture to the County and to confiscation. In addition to other remedies and penalties of this Section, the County has the right to recover from the sign owner or person who placed the sign, the full costs of sign removal and disposal.

(j)

Legal relief.

(1)

The County may commence a civil action or proceeding to stop any violation of this ULDC or of a permit, certificate, plan or other form of authorization granted hereunder, to remove a violation, or to restore the premises in question to the condition in which they existed prior to violation. The relief sought may include:

a.

An injunction or other equitable relief;

b.

A mandatory injunction requiring specific performance of the requirements of a site plan, development plan, landscaping plan, environmental remediation plan or any development order, approval or permit requiring specific site improvements as a remedy under this ULDC or as a condition of approval of such development order, approval or permit;

c.

An order in the nature of mandamus or abatement;

d.

A civil action in a court of competent jurisdiction to establish liability and to recover damages to property including animal, plant, and aquatic life, caused by any violation;

e.

A judgment or order enforcing any requirement of, or under, this ULDC to pay a fee or reimburse or compensate the County, including when the County is required or authorized to take specified action at the expense of the landowner; or

f.

Any other judgment or order available under Florida law.

(2)

It shall not be a defense to, or ground for dismissal of, these judicial remedies for damages and civil penalties that the County has failed to exhaust its administrative remedies, or has failed to hold an administrative hearing prior to the institution of a civil action.

(k)

Consent orders. The County Manager has the authority to enter into consent orders on behalf of Alachua County to settle code violations, either before or after initiating formal enforcement action. The settlement may include a penalty amount different from the penalties provided by code, including the payment of administrative costs and expenses. Proposed consent orders shall be reviewed by the County Attorney's office prior to signature by the parties.

(l)

General penalties.

(1)

Violation of the provisions of these regulations or failure to comply with any of the requirements, including violations of conditions and safeguards established in connection with grants of variance, special use permits or special exceptions, may be punishable as provided by general law for violation of County ordinances. All monies collected related to surface waters, wetlands, strategic ecosystems or other regulated natural resources shall be deposited in an environmentally sensitive lands fund, hereby created, for the acquisition and management of environmentally sensitive lands.

(2)

The County may seek such other penalties and remedies, and employ such other enforcement powers, as are provided by Florida law for violations of zoning, subdivision, sign, or related provisions.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 07-07, § 2(Exh. A), 4-27-07; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

Editor's note— Ord. No. 06-14, § 2(Exh. A), adopted July 20, 2006, repealed former § 409.05 in its entirety which pertained to revocation, modification or suspension of development approval and derived from Ord. No. 05-10, § 2, adopted Dec. 8, 2005.

Nothing in this ULDC prohibits the County's continuation of previous enforcement actions, undertaken by the County pursuant to previous and valid ordinances and laws.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

The remedies and enforcement powers established in this ULDC are cumulative, and the County may exercise them in any order.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)