This article establishes procedures and standards to ensure compliance with the provisions of this LDC and obtain corrections for violations of the LDC. It also sets forth the remedies and penalties that apply to violations of this LDC. The provisions of this article are intended to encourage the voluntary correction of violations, where possible.

Any person who violates this LDC shall be subject to the remedies and penalties set forth in this article.

Compliance with all the procedures, standards, and other provisions of this LDC is required by all persons owning, developing, managing, using, or occupying land or structures in the City.

All persons shall obtain all development orders for development approvals and permits required by this LDC prior to development.

A development order for a development approval or permit issued by a decision-making body or person authorizes only the use, arrangement, location, design, density or intensity, and development set forth in such development order.

A.

Failure to Comply with the LDC or a Term or Condition Constitutes Violation of the LDC. Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this LDC, or the terms or conditions of any development order or authorization granted in accordance with this LDC constitutes a violation of this LDC punishable as provided in this article.

B.

Development Orders Authorize Development Approved. A development order issued by a decision-making body or person authorizes only the use, arrangement, location, design, density or intensity, and development set forth in the development order.

It shall be a violation of this LDC to undertake any activity contrary to the provisions of this LDC, including but not limited to any of the following:

A.

Develop land or a structure without first obtaining all appropriate development orders.

B.

Occupy or use land or a structure without first obtaining all appropriate development orders.

C.

Subdivide land without first obtaining all appropriate development orders required to engage in subdivision.

D.

Excavate, grade, cut, clear, or undertake any land disturbing activity without first obtaining all appropriate development orders.

E.

Remove existing trees from a site or parcel of land without first obtaining appropriate development orders.

F.

Disturb any landscaped area or vegetation required by this LDC.

G.

Install, create, erect, alter, or maintain any sign without first obtaining the appropriate development order.

H.

Fail to remove any sign installed, created, erected, or maintained in violation of this LDC, or for which the development order has expired.

I.

Create, expand, replace, or change any nonconformity except in compliance with this LDC.

J.

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

K.

Increase the intensity or density of development, except in accordance with the standards of this LDC.

L.

Through any act or omission, fail to comply with any other provision, procedure, or standard as required by this LDC.

The Director shall be responsible for enforcing the provisions of this LDC. Nothing in this subsection shall prevent the Director from delegating authority to another City Official, including but not limited to a code enforcement officer.

(Ord. No. 2836, § III, 5-5-2021)

If the Director shall find that any provisions of this LDC are being violated, the Director shall notify the person apparently responsible for such violations, in writing, indicating the nature of the violation and ordering any action necessary to correct it, including but not limited to a stop-work order.

(Ord. No. 2836, § III, 5-5-2021)

A.

Available Remedies. The Director as appropriate may use any combination of the following enforcement actions, remedies, and penalties to correct, stop, abate, and enjoin a violation of this LDC.

1.

Code Enforcement. The Director may initiate an enforcement action for a violation of this LDC pursuant to the provisions in Chapter 2, Article VIII, Code of Ordinances.

2.

Stop Order. The Director, or designee, may issue and serve upon a person pursuing the activity or activities in violation of the LDC a stop order requiring that the person stop all activities in violation of the LDC.

3.

Revocation of Development Order. Any development order or other form of authorization required under the LDC may be revoked by the Director if it is determined that:

a.

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

b.

The development order was procured by false representation; or

c.

The development order 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 approval or 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.

4.

Denial or Withholding of Related Authorization. The appropriate City Official may deny or withhold authorization to use or develop any land, structure, or improvements until an alleged violation related to such land, structure, or improvements is corrected and any associated civil penalty is paid.

5.

Repairs by City. If a violation is one that presents a serious threat to the public health, safety, or welfare, or is irreparable or irreversible, the City may make all reasonable repairs necessary to bring the land into compliance and may charge the violator with the reasonable cost of the repairs, in accordance with Chapter 2, Article VIII, Code of Ordinances.

6.

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

7.

Injunction. When a violation occurs, the City may apply to the appropriate court for a mandatory or prohibitory injunction ordering the offender to correct the unlawful condition or cease the unlawful use of the land in question.

8.

Abatement

a.

The City may apply for an order of abatement as part of the judgment in the case. An order of abatement may direct any of the following actions:

1.

That buildings or other structures on the land be closed, demolished, or removed;

2.

That fixtures, furniture, or other moveable property be moved or removed entirely;

3.

That improvements, alterations, modifications, or repairs be made;

4.

That removed trees be replaced; or

5.

That any other action be taken as necessary to bring the land into compliance with this LDC.

b.

The City may execute an order of abatement and shall have a lien on the property for the cost of executing the order.

9.

Equitable Remedies. The City may apply to a court of law for any other appropriate equitable remedy to enforce the provisions of this LDC. The fact that other remedies are provided under general law or this LDC shall not be used by a violator as a defense to the city's application for equitable relief.

B.

Remedies are Cumulative

1.

The remedies and penalties provided for violations of this LDC shall be cumulative and in addition to any other remedy or penalty provided by law, and may be exercised in any order.

2.

Each day of continued violation of this LDC shall be considered a separate violation for purposes of computing cumulative penalties.

(Ord. No. 2836, § III, 5-5-2021)