The BCC through its authority to enjoin and restrain any person found to be in violation of these regulations and by the authority granted to it pursuant to F.S. § 125.69, hereby declares that it is the intention of the BCC to compel wherever practicable strict compliance with the requirements and regulations of this Code by the inspection of lands, water, or structures affected by these regulations and will insure that citations for violations are issued by the enforcement official.

(Ord. No. 05-06-05)

Violations of these land development regulations may also constitute violations of other state or local regulations. Penalties assessed or remedies taken under these land development regulations shall not substitute for enforcement or penalties available under such other laws or regulations.

(Ord. No. 05-06-05)

Whenever, these regulations require the performance of any act or prohibit the performance of any act or impose any limitation on the use or development of any land or water, or on the erection of a structure, the failure to comply with such provisions shall constitute a violation of these regulations.

(Ord. No. 05-06-05)

Whenever a violation of these regulations occurs, or is alleged to have occurred, the enforcement official shall promptly record such complaint, investigate it, and take action thereon as provided by these regulations. The enforcement official shall maintain as a public record, the disposition of the complaint.

(Ord. No. 05-06-05)

Any owner, tenant, or occupant of any land or structure, or part thereof, and any architect, builder, contractor, agent, or other person, firm, or corporation, either individually or through its agents, employees, or independent contractor, who violates the provisions of these regulations, or who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of these regulations, shall be held responsible for the violation and be subject to the penalties and remedies provided herein or as otherwise provided by statute or ordinance.

(Ord. No. 05-06-05)

Upon the determination that any provision of these regulations is being violated, the enforcement official shall send a written notice by certified mail, return receipt requested, or by hand delivery to the person or persons alleged to have committed such violation. The notice shall indicate the nature of the violation and state such action necessary to correct the violation within a designated period of time. Additional written notices with time extensions to correct the violation may be granted at the enforcement official's discretion. The written notice shall state the action the enforcement official intends to take, if the violation is not corrected within the designated period of time. The enforcement official's order may be appealed to the Highlands County BOA. In the event of a repeat violation, as defined in F.S. § 162.04, the enforcement official shall notify the violator, which notification shall be by certified mail; and, the enforcement official shall seek immediate compliance.

(Ord. No. 05-06-05)

If the violation is of a nature that it may be corrected by an official zoning atlas amendment, or through the granting of a future land use map amendment and consistency rezone, or through the granting of a zoning, land development, or building code variance, or the granting of a land use permit, the enforcement official is authorized to suspend enforcement actions pending the outcome of such proceedings, provided that the person or persons responsible for the violation files the appropriate application forms and fee for same within the time specified by the enforcement official in the written notice. If the outcome of an official zoning atlas amendment or zoning, land development, or building code variance, request or land use permit proceeding does not result in the remedy of the violation, the person or persons responsible for the violation shall have 15 calendar days from the public hearing date to correct the violation, unless granted an extension of time by the enforcement official.

(Ord. No. 05-06-05)

In cases where delay would seriously threaten the effective enforcement of these regulations or pose a danger to public health, safety, morals or welfare, the enforcement official may seek immediate compliance by invoking any of the violation remedies contained in these regulations or otherwise provided by law.

(Ord. No. 05-06-05)

Any prosecution arising from a violation of any prior code, ordinance, or regulation of Highlands County, which prosecution was pending at the effective date of these regulations, shall be tried and determined exactly as if such prior code, ordinance, or regulation was still in effect.

(Ord. No. 05-06-05)

Notwithstanding any regulation or law to the contrary, the BCC shall have recourse to such other remedies as prescribed by law and equity as may be necessary to ensure compliance with the provisions of the land development regulations.

(Ord. No. 05-06-05)

A.

A person who violates any of the provisions of these regulations or fails to comply with any of its requirements or fails to abide by and obey all orders and resolutions promulgated as herein provided, shall be subject to prosecution in the same manner as misdemeanors are prosecuted, pursuant to the terms of F.S. § 125.69, as amended, and shall be subject to all penalties authorized by the State of Florida for such violation. Upon conviction, such person may be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 calendar days, or by both such fine and imprisonment.

B.

Each calendar day that any violation continues after receipt of a written notice of such violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified herein.

C.

To willfully disregard a written notice of a violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified herein.

D.

In addition to the penalties and remedies above, the enforcement official may institute any appropriate actions or proceedings to prevent, restrain, correct, or abate a violation of these regulations.

(Ord. No. 05-06-05)

A.

Cease and desist orders. The enforcement official is authorized to issue cease and desist orders in the form of written official notices sent by registered mail or hand delivered to the person or persons responsible for the violation. Specific activities or operations may be ordered to be ceased based upon the following conditions:

1.

Whenever an emergency situation that poses a serious threat to public health, safety, morals or welfare; or,

2.

Whenever an irreversible or irreparable harm may result, in the reasonable opinion of enforcement official, and immediate cessation of the activity is necessary to protect the health, safety, morals or welfare as provided by these regulations.

B.

Stop work order. For any violation of the provisions of these regulations, the enforcement official shall have the authority to issue a stop work order to the owner of the subject property, or to his agent, or to the person doing the work where such a violation has been committed or exists. Upon notice that any activities or work are occurring contract to the provisions of these regulations, such activities or work shall immediately be stopped. The notice shall state the conditions under which the activities or work may be resumed. Where an emergency exists, oral notice given by the enforcement official shall be sufficient to issue a stop work order.

C.

Suspension of permits, certificates of occupancy, or other development orders or approvals. The development services director, the county engineer, or their designees, may suspend any building permit, certificate of occupancy, development order, development permit, or development approval, where an administrative determination has been duly made upon a written finding that an error or omission occurred in the application of provisions and requirements of these regulations, on either the part of the applicant or government agency in the issuance of the development permit or approval. A corrected development permit or approval shall be issued in place of the incorrect or invalid development permit or approval, after correction of the error or omission has occurred.

D.

Revocation of permits, certificates of occupancy, or other development orders or approvals. The development services director, the county engineer, or their designees, may revoke any building permit, certificate of occupancy, development order, development permit, or development approval, where an administrative determination has been duly made upon a written finding that the provisions and requirements of these regulations have been violated in that false statements or misrepresentations were made as to material fact or facts in the application or plans upon which the development permit or approval was based.

(Ord. No. 05-06-05; Ord. No. 11-12-04, § 95)

Determinations and actions of the enforcement official, pursuant to this section of these regulations, may be appealed to the Highlands County BOA.

(Ord. No. 05-06-05)

Appeals shall be taken within 30 days, but not thereafter, by filing with the enforcement official and the BOA a notice of appeal specifying the reasons. The enforcement official shall transmit to the all papers constituting the file or record upon which the action being appealed was taken.

The zoning supervisor shall fix a date and time for the hearing of the appeal, give public notice of the hearing as well as notice to the parties in interest according to the hearing procedure established in Article IV of Chapter 2 of this Code. At the hearing, the appellant may appear in person or by agent or attorney.

(Ord. No. 05-06-05)

An aggrieved party may appeal a final decision of the BOA to the Circuit Court in Highlands County, Florida, within 30 days after the filing of such decision in the office of the enforcement official, but not thereafter. Review in the circuit court shall be by petition for writ of certiorari, which shall be governed by the Florida Rules of Appellate Procedure.

(Ord. No. 05-06-05)