A.

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

B.

Compliance Required. Compliance with all the procedures, standards, and other provisions of this Code is required by all persons owning, developing, managing, using, or occupying land or structures in the City. Compliance with federal, state, and local laws applicable to the use is required.

A.

Violations Generally.

1.

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

2.

Development Orders only 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.

B.

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

1.

Develop land or a structure without first obtaining all appropriate development permits, and complying with their terms and conditions.

2.

Occupy or use land or a structure without first obtaining all appropriate development permits, and complying with their terms and conditions.

3.

Subdivide land without first obtaining all appropriate development permits required to engage in subdivision, and complying with their terms and conditions.

4.

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

5.

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

6.

Disturb any landscaped area or vegetation required by this Code.

7.

Install, create, erect, alter, or maintain any sign without first obtaining the appropriate development permits, and complying with their terms and conditions.

8.

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

9.

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

10.

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

11.

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

12.

Through any act or omission, fail to comply with any other provisions, procedures, or standards as required by this Code.

C.

Responsible Persons. The owner, tenant, or occupant of any land or structure, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this Code may be held responsible for the violation and be subject to the remedies and penalties set forth in this article.

A.

Responsibility for Enforcement. City staff—in conjunction with the Code Enforcement Board and Special Magistrates established and provided code enforcement authority under Article 2: Administrative Authorities—shall have responsibility for enforcing the provisions of this Code. Enforcement authority may be assigned to Code Inspectors and other City officials involved with reviewing or inspecting development. All other officers and employees of the City shall have the duty to assist in enforcing this Code by reporting apparent violations of this Code to a Code Inspector or other City staff assigned responsibility for enforcement. Further references in this article to City staff shall include Code Inspectors or other City officials to whom code enforcement authority under this Code has been assigned.

B.

Complaints Regarding Violations. Whenever a violation of this Code occurs, or is alleged to have occurred, any person may file a complaint with City staff. The complaint shall state fully the cause and basis for the alleged violation. On receiving a complaint, City staff shall properly record such complaint and take appropriate action as provided by this Code.

C.

Inspections. On presenting proper credentials and obtaining consent, City staff may enter on land or inspect any structure to ensure compliance with the provisions of this Code. If consent to entry is refused, City staff may apply for an inspection warrant pursuant to State law.

D.

Investigation of Written Complaints. On receiving a written complaint about noncompliance with the provisions of this Code, City staff shall investigate the complaint and determine whether a violation of this Code exists.

E.

Enforcement Procedures. If City staff finds reasonable cause to believe a violation of this Code exists (whether from an investigation of a written complaint or otherwise), the City may act to enforce compliance with this Code in accordance with the notice and hearing procedures authorized by Chapter 162 of the Florida Statutes. This Code is not intended to provide procedures in addition to, or different from, those required or authorized by Chapter 162.

1.

Notice of Violation and Time for Correction. City staff shall provide the violator(s) written notice of the violation and a reasonable time period to correct the violation before the City invokes any of the remedies authorized in Section 10.4, Remedies and Penalties, or refers the violation to the Code Enforcement Board or a Special Magistrate for a hearing—provided, however, that City staff need not provide a written notice of violation on determining that a violation presents a serious threat to the public health, safety, or welfare, or is irreparable or irreversible, and need not provide a reasonable time to correct a violation on determining that the violation is a repeat violation.

2.

Action if Violation Is Not Corrected. If a violation has not been corrected by the time limit set forth in the notice of the violation, City staff may take appropriate action, as provided in Section 10.4, Remedies and Penalties, to correct and abate the violation and to ensure compliance with this Code, or may refer the violation to the Code Enforcement Board or a Special Magistrate with a request for a hearing.

3.

Hearing and Order by Code Enforcement Board or Special Magistrate. If a request for a hearing on a violation is referred to the Code Enforcement Board or a Special Magistrate, City staff shall schedule the hearing and provide notice of the hearing to the violator. The Code Enforcement Board or Special Magistrate, as appropriate, shall hold a hearing on the violation and issue an order affording the proper relief consistent with the actions authorized in Section 10.4, Remedies and Penalties, and the powers and duties granted by Article 2: Administrative Authorities, and State law.

A.

General. The City may use any combination of the following remedies and enforcement powers to administer and enforce this Code.

B.

Civil Remedies and Penalties.

1.

Issuance of Stop Work Order. Whenever a building or structure is being constructed, demolished, renovated, altered, or repaired in violation of any applicable provision of this Code, City staff may issue a Stop Work Order. The Stop Work Order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons for cessation, and the action(s) necessary to lawfully resume work.

2.

Revocation of Development Order. City staff may revoke any development order by written notice to the holder when false statements or misrepresentations were made in securing the development order, work is being or has been done in substantial departure from the approved plan or conditions, there has been a failure to comply with the requirements of this Code, or a development order has been mistakenly issued in violation of this Code.

3.

Denial or Withholding of Related Authorization.

a.

The City may deny or withhold authorization to use or develop any land, structure, or improvements until a violation related to such land, structure, or improvements is corrected and any associated civil penalty is paid.

b.

Unless necessary for purposes of correcting a violation of this Code or to avoid imminent peril to life or property, no officer, official, agent, employee, or board of the City shall approve, grant, or issue any development order for any person where:

i.

The property that is the subject of the requested development order is the site of an uncorrected violation of any provision of this Code, or an unpaid code enforcement, correction, or abatement lien; or

ii.

The applicant for the development order has any unpaid civil penalty or costs arising from a code enforcement action regarding the real property that is the subject of the request.

c.

Appeal of any denial or refusal to act pursuant to this paragraph [3] shall be as provided in accordance with Section 3.4.Y, Appeal, for appeals of a City staff decision.

4.

Citation and Civil Penalties.

a.

Any violation of this Code may be treated as a civil infraction in accordance with the supplemental municipal code enforcement provisions set forth in F.S. 162.21. Any City staff designated to do so is hereby empowered to issue a citation to a person when, based on personal investigation, the staff has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted provision of this Code.

b.

For a person who does not contest the citation, initial violations of this Code shall carry a civil penalty of $100.00, and repeat violations shall carry a civil penalty of $250.00.

c.

A person may contest the citation in the county court and shall be subject to a maximum civil penalty imposed by the court of $500.00.

5.

Administrative Fines.

a.

General. The Code Enforcement Board or a Special Magistrate—on receiving notice from City staff that an order it issued has not been complied with by the time specified in the order, or on finding that a repeat violation has been committed—may order the violator to pay an administrative fine in accordance with F.S. 162.09-10, including the higher maximum fines authorized by that statute.

b.

Criteria for Determining Amount of Fine. In determining the amount of a fine imposed under this section, the Code Enforcement Board or a Special Magistrate shall consider the following factors:

i.

The gravity of the violation;

ii.

Any actions taken by the violator to correct the violation; and

iii.

Any previous violations committed by the violator.

c.

Lien. On being recorded with the Volusia County Clerk of the Circuit Court, an order imposing an administrative fine or an administrative fine plus repair costs shall, in accordance with Chapter 162 of the Florida Statutes, constitute a lien against the land on which the violation exists and on any other real or personal property owned by the violator, and may be recovered through suit or foreclosure.

6.

Injunction. When a violation occurs, the City may, either before or after the initiation of other authorized actions, 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.

7.

Order of Abatement.

a.

In addition to an injunction, the City may apply for and the court may enter an order of abatement as part of the judgment in the case. An order of Abatement may direct any of the following actions:

i.

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

ii.

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

iii.

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

iv.

That removed trees be replaced; or

v.

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

b.

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

8.

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

C.

Misdemeanor Penalties. Any person violating any of the provisions of this Code or who fails to abide by or obey all orders and resolutions promulgated as herein provided, shall be subject to arrest for a municipal ordinance violation, and shall be subject to the same penalties as a second degree misdemeanor.

D.

Cumulative Remedies and Penalties. The remedies and penalties provided for violations of this Code—whether civil or criminal—shall be cumulative and in addition to any other remedy or penalty provided by law, and may be exercised in any order.