(a)

The city council hereby bans the residential and commercial use and sale of fast release fertilizer as defined by Proposed Florida Department of Agriculture and Consumer Services Rule "Fertilizers 5E-1" to the fullest extent of its municipal home rule authority and the police power of the City of Crystal River; and

(b)

Violations of subsection (a) shall be cited by the current code enforcement mechanism of the City of Crystal River.

(Ord. No. 06-O-32, § 2, 1-8-2007)

This article shall be known as and may be cited as the "Hazardous Material Incident Cost Recovery Ordinance".

(Ord. No. 05-O-13, § 1, 12-12-2005)

The city has the authority to adopt this article pursuant to and in accordance with the provision of F.S. chs. 166 and 252.

(Ord. No. 05-O-13, § 1, 12-12-2005)

This article is intended to provide for recovery by the city of costs, under strict liability, incurred in the response and recovery efforts related to hazardous material incidents. This article is also intended to provide for recovery of costs incurred by entities other than the city, which are requested by the city to assist during a hazardous material incident. In addition, it is intended to provide for cost recovery for damages to government-owned properties.

(Ord. No. 05-O-13, § 1, 12-12-2005)

The provisions of this article shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare of the citizens and residents of the city.

(Ord. No. 05-O-13, § 1, 12-12-2005)

Cost(s) shall mean and include, but is not limited to:

(1)

All costs incurred for response, containment and/or removal and disposal of hazardous materials or initial remedial action.

(2)

Costs of any health assessment or health effects study and related treatment carried out for responding personnel as a necessity resulting from a hazardous material incident.

(3)

Labor, including benefits, overtime and administrative overhead, exclusive of normal departmental operations.

(4)

The cost of operating, leasing, maintaining, repairing, and replacement where necessary of any equipment.

(5)

Contract labor and equipment.

(6)

Materials, including but not limited to, absorbents, foam, dispersants, over pack drums, or containers.

(7)

Supervision of clean up and abatement.

(8)

Labor and equipment obtained directly by the city, their agencies or agents, and other agencies.

Fire chief shall mean the chief of the fire department.

Hazardous material shall mean any substance or material in any form or quantity that poses an unreasonable risk to safety, health, or property.

Hazardous substance shall mean any material which when discharged may be harmful to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public or private property, shorelines and beaches.

Hazardous material incident shall mean actual or threatened release of hazardous substances or materials that pose an immediate threat to the health, safety or welfare of the population, including hazardous waste.

Incident commander shall mean the senior fire official or police officer at the site of the hazardous material incident; or the initial senior on-scene response official in the absence of the senior fire official.

Release shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, whether controlled or uncontrolled, (including the abandonment or discarding of barrels, containers, and other receptacles containing any hazardous material or substance or waste or pollutant or contaminant).

Response shall mean a phase of emergency management that occurs during and immediately following an incident. Provides emergency assistance to victims of the event and reduces the likelihood of secondary damage.

Responsible party shall mean the person(s) whose negligent or intentional act or omission caused a release; or, the person(s) who owned or had custody or control of, the hazardous substance or waste at the time of such release without regard to fault or proximate cause; or, the person(s) who owned or had custody or control of the container which held the hazardous substance at the time of or immediately prior to such release without regard to fault or proximate cause. "Responsible party" may also include a corporation or partnership, facility, or other type of business entity.

Senior fire official shall mean the ranking fire department official on the site of the hazardous material incident.

(Ord. No. 05-O-13, § 1, 12-12-2005)

The incident commander or fire chief is hereby duly authorized to take all reasonable measures to respond to and stabilize the hazardous material incidents. Any responsible party who causes a hazardous material incident shall be liable, under strict liability, to the city for the payment of all reasonable direct costs incurred in response to, stabilization of, and any necessary monitoring of such an incident.

The city will seek all available remedies at law including the provisions of this article, against any parties responsible for any hazardous material incident, to include those actions and remedies available under the United States Code, Florida Statutes, the Florida Administrative Procedure Act and/or the Code of Federal Regulations relating to such matters.

(Ord. No. 05-O-13, § 1, 12-12-2005)

The Crystal River Finance Department shall serve as the city's agent for collecting invoices and billing the responsible party for costs. Agencies of the city or organizations responding to a hazardous material incident according to the responsibilities set forth in Citrus County or at the request of the city will be eligible to submit bills.

Invoices that identify eligible costs under this article shall be submitted to the finance director or designee within ten (10) working days after the costs were incurred or identified. Submitted invoices should include sufficient documentation for cost reimbursement (i.e., copies of time sheets for specific personnel, copies of bills for materials, equipment, and supplies procured or used, etc.). Accepting invoices from agencies outside the city shall not incur liability to the city to pay costs from such agencies until payment has been received by the city from the responsible party.

The finance director or his designee shall submit one or a series of consolidated invoice(s) to the responsible party identifying agencies or agents and their specific costs for reimbursement. The responsible party shall issue a certified check to the city within thirty (30) days of receiving any invoice. All funds received under the authority of this ordinance shall be disbursed according to the claims submitted. Where the reimbursement is less than the requested amount, each agency shall receive a pro rata share of such reimbursement as the agencies reimbursable costs bear to the total reimbursable cost. The city shall not be liable to the agency for any deficiency.

(Ord. No. 05-O-13, § 1, 12-12-2005)

In the event that any person(s) undertakes, upon order or direction of the incident commander or fire chief, to clean up or abate the effects of any hazardous material unlawfully released into the environment, the incident commander or fire chief may take any action necessary to supervise such cleanup or abatement. The responsible party shall be liable to the city for all costs incurred as a result of such supervision, except when a federal, state or other governmental agency is supervising or abating any such release, unless the incident commander or fire chief is requested by any such agency to take action.

(Ord. No. 05-O-13, § 1, 12-12-2005)

Either the city manager or the fire chief shall have the authority to issue a binding cease and desist order on any and all release activities that are controllable in nature for such a reasonable period of time in order to have the release scientifically evaluated and establish the potential damage to the health safety, welfare and environment of the citizens of Crystal River. The responsible party must maintain, at all times, a continuous record that the release meets all applicable state and federal clean water codes and regulations. The financial burden to have the release evaluated shall be upon the responsible party.

(Ord. No. 05-O-13, § 1, 12-12-2005)

Whenever the requirements or provisions of this article are in conflict with the requirements or provisions of any other lawfully adopted ordinance, the more restrictive requirements shall apply.

Further, this article shall not restrict or replace cost recovery from funding sources available under state and federal regulations such as the Revolving Fund established under Section 311 (K) of the "Federal Water Pollution Control Act" {33 USC 1321 k}; the "Hazardous Substance Response Trust Fund" established under "Comprehensive Environmental Response, Compensation, and Liability Act" (42 USC 9611); and the "Florida Coastal Protection Trust Fund" established under F.S. ch. 376.

(Ord. No. 05-O-13, § 1, 12-12-2005)

This article shall be referred to as the Florida-Friendly Use of Fertilizer on Urban Landscapes.

(Ord. No. 17-O-08, § 3, 6-12-2017)

The council has determined that the following findings, which the council finds to be true and correct, are hereby incorporated into this article as findings of the council:

(1)

The city is located on the "springs coast" in the heart of the largest concentration of springs in the world and is home to more than one hundred (100) spring vents, geologic karst, caves and underground stream systems found nowhere else in the world; and

(2)

The city contains, or is in close proximity to, three (3) of only thirty-three (33) first-magnitude Florida springs, including the Kings Bay Group, Homosassa Group, and Chassahowitzka Group; and

(3)

Springs are a highly valued resource due to the widely recognized environmental, historical and cultural importance to the city, county and the state; and

(4)

The city is concerned with the current and future impacts of loading of excess nutrients, especially nitrogen and phosphorous compounds, into these relatively low-nutrient adapted springs, rivers and coastal waters; and

(5)

Nearly all lands within the city's boundaries are located within the spring shed recharge areas of springs groups located both within and outside the city, and further that lands within its boundaries are also located within, or in close proximity to, the watersheds of the Withlacoochee River and coastal estuaries and waters of the Gulf of Mexico and Florida outstanding waterways; and

(6)

F.S. § 403.9337 requires "each county and municipal government located within the watershed of a water body or water segment that is listed as impaired by nutrients pursuant to § 403.067, shall, at a minimum, adopt the department's Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes."

(7)

The Florida Department of Environmental Protection has identified specific water bodies in the city as "impaired" as a result of excess nutrients under the Florida Impaired Waters Rule (F.A.C. ch. 62-303); and

(8)

As a result of the impairment, or the potential for impairment, to the city's surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or springs within the boundaries of the city, the council has determined that the use of fertilizers on lands within the city creates a risk to contributing to adverse effects on surface and/or ground water. Accordingly, the council finds that the management measures contained in the most recent edition of the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008," as well as addition, more stringent standards, are required and set forth in this article.

(Ord. No. 17-O-08, § 3, 6-12-2017)

This article regulates the proper use of fertilizers by any applicator; requires proper training of commercial and institutional fertilizer applicators; establishes training and licensing requirements; establishes a prohibited application period; specifies allowable fertilizer application rates and methods, fertilizer-free zones, low maintenance zones, and exemptions. This article requires the use of best management practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on city's natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of city residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Furthermore, regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality.

(Ord. No. 17-O-08, § 3, 6-12-2017)

As used in this article, the following terms shall have the meanings set forth in this article unless the context clearly indicates otherwise.

Administrator means the city manager of the City of Crystal River, Florida, or any other official by the city manager to administer and enforce the provisions of this article.

Application or apply means the actual physical deposit of fertilizer to turf or landscape plants.

Applicator means any person who applies fertilizer on turf and/or landscape plants in Crystal River, Florida.

Best management practices means turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources.

Board or governing board means the city council of the City of Crystal River, Florida.

City means the City of Crystal River, Florida.

City of Crystal River approved best management practices training program means a training program approved per F.S. § 403.9338, or any more stringent requirements set forth in this article that includes the most current version of the Florida Department of Environmental Protection's "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2010," as revised, and approved by the city manager.

Code enforcement officer, official, or inspector means any designated employee or agent of the City of Crystal River, Florida, whose duty it is to enforce codes and ordinances enacted by Crystal River, Florida.

Commercial fertilizer applicator, except as provided in F.S. § 482.1562(9), means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator.

Fertilize, fertilizing, or fertilization means the act of applying fertilizer to turf, specialized turf, or landscape plants.

Fertilizer means any substance or mixture of substances that contains one (1) or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil.

Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer.

Institutional applicator means any person, other than a private, non-commercial or a commercial applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional applicators shall include, but shall not be limited to, owners, managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership.

Landscape plant means any native or exotic tree, shrub, or groundcover (excluding turf).

Low maintenance zone means an area a minimum of ten (10) feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc.

Person means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity.

Prohibited application period means that the application of fertilizer containing nitrogen to turf and/or landscape plants is prohibited during the following periods: the dormant months of November, December, January, February and March; any time period during which a flood watch or warning, tropical storm watch or warning or hurricane watch or warning is in effect for any portion of the city, issued by the National Weather Service; and, any period of time during which heavy rain is likely.

Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this article, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water.

Slow release, controlled release, timed release, slowly available, or water insoluble nitrogen means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product.

Turf, sod, or lawn means a piece of grass-covered soil held together by the roots of the grass.

Urban landscape means pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this article, agriculture has the same meaning as in F.S. § 570.02.

Urban landscape commercial applicator means one who holds an active certificate issued by the Florida Department of Agriculture and Consumer Services pursuant to the requirements of F.S. § 482.1562, and F.A.C 5E-14.117.

(Ord. No. 17-O-08, § 3, 6-12-2017)

This article shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the city limits of the City of Crystal River, Florida, unless such applicator is specifically exempted by the terms of this article from the regulatory provisions of this article. This article shall be prospective only, and shall not impair any existing contracts.

(Ord. No. 17-O-08, § 3, 6-12-2017)

(a)

No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the prohibited application period, or to saturated soils.

(b)

Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first thirty (30) days after seeding or sodding, except when hydro-seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.) or in accordance with the stormwater pollution prevention plan for that site.

(Ord. No. 17-O-08, § 3, 6-12-2017)

(a)

Fertilizer shall not be applied within twenty-five (25) feet of any spring, pond, stream, watercourse, waterway, lake, canal, sinkhole or wetland as defined by the Florida Department of Environmental Protection (F.A.C. Ch. 62-340) or within twenty-five (25) feet from the top of a seawall or embankment. If more stringent city regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations.

(b)

Newly planted turf and/or landscape plants may be fertilized in this zone only for a sixty-day period beginning thirty (30) days after planting if needed to allow the plants to become well established. Caution shall be used to prevent direct deposition of nutrients into the water.

(Ord. No. 17-O-08, § 3, 6-12-2017)

A voluntary ten (10) foot low maintenance zone is strongly recommended, but not mandated, from any pond, stream, water course, lake, wetland or from the top of a seawall or embankment. A swale/berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more stringent City of Crystal River code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. No mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the over-spray of aquatic weed products in this zone.

(Ord. No. 17-O-08, § 3, 6-12-2017)

(a)

Fertilizers applied to turf within the city shall be applied in accordance with requirements and directions provided by F.A.C. Rule 5E-1.003.

(b)

Application of nitrogen shall follow the nitrogen recommendations for "Central" Florida as provided by F.A.C. 5E-1.003. At least one-third (⅓) of the amount of nitrogen in any fertilizer product applied to turf and/or landscape plants must be in a slow release formulation.

(c)

Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in subsection (a) above for turf, or in UF/IFAS recommendations for landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test.

(Ord. No. 17-O-08, § 3, 6-12-2017)

(a)

Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer-free zones and water bodies, including wetlands.

(b)

Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces.

(c)

Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable.

(d)

Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container.

(e)

In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies.

(Ord. No. 17-O-08, § 3, 6-12-2017)

In no case shall grass clippings, vegetative material, and/or vegetative debris be washed, swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. No mowed or cut vegetative material may be deposited or left remaining within ten (10) feet of any pond, stream, watercourse, lake, canal, or wetland.

(Ord. No. 17-O-08, § 3, 6-12-2017)

The provisions set forth above in this article shall not apply to:

(a)

Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 823.14;

(b)

Other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock;

(c)

Any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture;

(d)

Land used in golf course operations;

(e)

Land used for vegetable gardens;

(f)

Application of fertilizer by a licensed fertilizer commercial applicator;

(g)

Application of fertilizer by an institutional applicator;

(h)

Urban landscape commercial applicators and residential homeowners possessing a Florida Department of Environmental Protection Green Industry-Best Management Practices Certificate of Training are exempt from the terms of the prohibited application period for dormant months, however, they are not exempt from the provisions of section 66-100(b). The exemption provided for certified residential homeowners applies only to the application of fertilizer on the homeowner's lawn.

(Ord. No. 17-O-08, § 3, 6-12-2017)

(a)

All commercial and institutional fertilizer applicators within the city, as well as yard workers using fertilizer and/or equipment provided by the client, shall abide by and successfully complete the six-hour training program in the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida Extension Florida-Friendly Landscaping™ Program, or an approved equivalent.

(b)

Private, noncommercial applicators such as residential property owners and tenants are encouraged to follow the recommendations of the University of Florida IFAS Florida-Friendly Landscaping™ Program when applying fertilizers.

(c)

All businesses applying fertilizer to turf and/or landscape plants (including but not limited to residential lawns, golf courses, commercial properties, and multifamily and condominium properties) shall ensure all employed applicators have a "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate.

(Ord. No. 17-O-08, § 3, 6-12-2017)

(a)

All commercial applicators of fertilizer within the city shall abide by and successfully complete training and continuing education requirements in the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries," offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida-Friendly Landscapes" Program, or an approved equivalent program, prior to obtaining a city local business tax certificate for any category of occupation which may apply any fertilizer to turf and/or landscape plants. Commercial fertilizer applicators shall provide proof of completion of the program to the city clerk's office within one hundred eighty (180) days of the effective date of the ordinance from which this article is derived.

(b)

All commercial applicators of fertilizer within the city shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a commercial fertilizer applicator per F.A.C. 5E-14.117(18).

(Ord. No. 17-O-08, § 3, 6-12-2017)

(a)

This article may be enforced in accordance with F.S. ch. 162 and chapter 2 of this Code.

(b)

Notwithstanding any other provision of this article, the city may also enforce this article by actions at law or in equity for damages and injunctive relief. In the event the city prevails in any such action, the city shall be entitled to an award of costs and attorney's fees.

(c)

It shall be the duty of the city water conservation specialists, city code enforcement officers, the county sheriff and his deputies, and any other employees or agents of the city authorized by the city manager, to strictly enforce the provisions of this article.

(d)

All officials authorized to enforce under this article shall be empowered to make inspections at reasonable hours of all land uses or activities regulated by this article in order to ensure compliance with the provisions of this article. The official shall make all observations during their inspections from areas accessible by the public, unless specific permission is granted by a property owner to come on their property, or a search warrant is obtained from a court of competent jurisdiction.

(e)

All officials authorized to enforce under this article may require corrective actions as a result of the violation activities.

(f)

The provisions of this section shall not apply to the enforcement pursuant to F.S. §§ 553.79 and 553.80 of the Florida Building Code adopted pursuant to F.S. § 553.73 as applied to construction, provided that a building permit is either not required or has been issued by the city.

(Ord. No. 17-O-08, § 3, 6-12-2017)

(a)

Any official authorized to enforce this article is authorized to issue a notice of citation to a person or business owner when, based upon personal investigation, the inspector has reasonable cause to believe that a violation has been committed.

(b)

All notices required under this article shall comply with the requirements provided pursuant to F.S. ch. 162 regarding notices. A citation issued by an official authorized to enforce this article shall be in a form prescribed by the city and shall contain:

(1)

Date and time of issuance;

(2)

Name and address of person to whom the citation is issued;

(3)

Name of business the violator is employed, if applicable;

(4)

The date and time the civil infraction was committed;

(5)

Factual description of violation constituting reasonable cause;

(6)

Section of Code of Ordinances violated;

(7)

Name and authority of officer issuing notice;

(8)

Procedure for person to follow in order to pay the civil penalty or to contest the citation;

(9)

Applicable civil penalty if violator elects to contest citation;

(10)

Applicable civil penalty if violator elects not to contest citation;

(11)

A conspicuous statement that if violator fails to pay any civil penalty within time allowed, or fails to appear in court or before a code enforcement hearing officer to contest the citation, he/she/it shall be deemed to have waived their right to contest the citation and that, in such case, judgment may be entered against the violator for an amount up to the maximum civil penalty.

(c)

After issuing a citation to an alleged violator, the issuing official shall deposit the original citation and one (1) copy of the citation with the county court, or the code enforcement hearing officer, if payment is not received within thirty (30) days of violation date.

(d)

When a civil penalty is assessed for a violation of this article, such penalty shall be paid to the city clerk within thirty (30) days of violation date, unless properly contested.

(e)

The person or business owner issued the citation may contest by submitting a written request to the city clerk, to be received within thirty (30) days of violation date. The citation will then immediately be forwarded to the clerk of court or hearing officer to request a hearing date.

(f)

A citation recipient that fails to pay the civil penalty within the time allowed, or fails to appear at a duly noticed hearing to contest the citation, shall be deemed to have waived the right to contest the citation and, in such case, judgment may be entered against the person or entity for an amount up to the maximum civil penalty.

(g)

Any person who willfully refuses to sign and accept a citation issued by an official authorized to enforce this article shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083.

(Ord. No. 17-O-08, § 3, 6-12-2017)

(a)

Every violation of this article is a civil infraction punishable by a civil penalty not to exceed five hundred dollars ($500.00). Each infraction shall be considered as a separate offense as follows:

(1)

First violation—One hundred dollar ($100.00) fine.

(2)

Second violation—Two hundred fifty dollar ($250.00) fine.

(3)

Third and all subsequent violations—Five hundred dollar ($500.00) fine.

(b)

Funds generated by penalties imposed under this article shall be used by the city for the administration and enforcement of F.S. § 403.9337, and the corresponding provisions of this article, and to further water conservation and nonpoint pollution prevention activities.

(c)

Any applicator applying fertilizers in violation of any stipulation or performance standard contained herein shall be subject to the penalties as provided for in this article.

(d)

Any business employing an applicator in violation of this article shall be subject to the penalties as provided in this article.

(e)

The city clerk may seek the placement of a lien on the property where the violation occurred when the person or entity cited for a violation fails to pay the amount entered as a judgment.

(Ord. No. 17-O-08, § 3, 6-12-2017)