The provisions of the LDC shall be enforced (1) by the special magistrates ("special magistrate") pursuant to the article VI of chapter 2 of this Code, (2) by the planning and development director or designee, (3) by the city council through its authority to enjoin and restrain any person violating the code, or (4) by the City of Jacksonville Beach through the prosecution of violations in the name of the State of Florida.

(a)

Authority. Upon determination by the planning and development director or designee that any provision of the LDC has been violated, the planning and development department shall send a written notification of violation to the owner of record of the land or structure involved, and to the person responsible for the violation, or request the city attorney through the city manager to initiate immediate civil actions to enjoin and restrain the violation, or both.

(b)

Warning notification of violation. In addition to the requirements of article VI of chapter 2 of the Code of Ordinances for the City of Jacksonville Beach, the written warning notification of violation shall include:

(1)

The section of the LDC being violated.

(2)

An order to cease such violation.

(3)

Information concerning penalties for violation of the LDC.

(c)

Notice of violation. If any violation continues for fifteen (15) working days after receipt of a warning of violation, the planning and development department shall issue a notice of violation which shall include a reference to the particular section of the LDC that is being allegedly violated, a short plain statement of the matters asserted, and other evidence of the alleged violation.

(d)

Citations. The planning and development director or designee may issue an immediate citation for civil penalties (including for noncompliance) pursuant to the authority granted by F.S. ch. 162, pt. II.

(1)

An appropriate citation fee schedule shall be determined by city council, posted on the city's website, and updated periodically.

Any violation of the LDC may be prosecuted by the special magistrate pursuant to the following standards and procedures.

(a)

First notice of violation. If an alleged violation of the LDC is found; the planning and development department shall notify the alleged violator and give them a minimum of ten (10) working days to correct the violation pursuant to article VI of chapter 2 of the Code of Ordinances.

(b)

Final notice of violation. Should the violation continue beyond the time specified for correction, the planning and development department shall issue a notice of violation to the alleged violator pursuant to article VI of chapter 2 of the Code of Ordinances.

(c)

Notice of hearing to the special magistrate. Upon issuance of the violation notice, the planning and development department shall notify the appropriate clerical staff person who shall notify the special magistrate of the violation notice and shall schedule a hearing within a reasonable time for the special magistrate on the violation. Notice of hearing shall be made in accordance with the provisions of article VI of chapter 2 of the Code of Ordinances, unless the planning and development department has reason to believe a violation presents a serious threat to the public health, safety and welfare.

(d)

Correction of violation. If the alleged violation is corrected and then recurs, the planning and development department shall issue a notice of violation and a notice of hearing to the alleged violator and schedule a hearing. The special magistrate shall hear the alleged violation in this instance, even if it has been corrected prior to the special magistrate's hearing and every notice shall so state.

(e)

Procedure at hearings. The special magistrate shall proceed to hear the cases on the agenda for that day as expeditiously as possible. All testimony shall be under oath and shall be recorded. The special magistrate shall take testimony from city staff, if relevant, the alleged violator, and other relevant testimony. Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern the proceedings. Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible. At the hearing, the burden of proof shall be upon the city to demonstrate by a preponderance of the evidence that a violation exists, or existed at the time the planning and development department issued the notice of violation.

(f)

Action by the special magistrate.

(1)

The special magistrate may, at their option, issue findings of fact, based on evidence of record and conclusions of law; and may issue an order affording the proper relief consistent with powers granted in this article and in F.S. ch. 162 at the conclusion of the hearing. All such findings of fact, conclusions of law, and orders shall be issued not later than thirty (30) days from the date of the hearing. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. The order shall have the force of law to command whatever steps are necessary to bring a violation into compliance. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property. The findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the special magistrate shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

(2)

In the event that a violator has been previously determined to have violated a provision of the code within the prior five (5) years, the special magistrate may require that the violator comply with appropriate mitigation measures to the land where the violation was committed. Such measures may include, but is not limited to, landscaping, biological restoration, and requirements for posting performance bonds to ensure compliance with the order of the special magistrate.

(3)

Notification of action. Notification of the special magistrate's action shall be delivered by the city clerk to the violator by regular mail within ten (10) days of the hearing.

(4)

Failure of alleged violator to appear. If an alleged violator who has received proper notice fails to appear at the hearing, the special magistrate shall enter an order against the alleged violator requiring correction of the violation. The enforcement of such an order may be stayed if the violator files a request for a re-hearing with the appropriate clerical staff person within ten (10) calendar days from the date the order is rendered, and demonstrates good cause for such failure to appear. In such case, the violator will be rescheduled for a hearing before the special magistrate at the next scheduled hearing. If at that hearing, the special magistrate finds that good cause existed for the violator's failure to appear, the prior order shall be rescinded and a new hearing conducted immediately. If the special magistrate fails to find good cause for the failure to appear, the previous order shall remain in effect.

(5)

Stop work on existing approval. The special magistrate shall, when a violation of a special magistrate order has been determined to exist, direct the planning and development department not to issue any subsequent development permit(s) for the development until the violation has been corrected and inform the violator that no further work under an existing approval may proceed until the violation has been corrected.

(6)

Fine. The special magistrate may order the violator to pay a fine that shall not exceed two hundred fifty dollars ($250.00) per day for a first violation and shall not exceed five hundred dollars ($500.00) per day for a repeat violation, and shall not exceed five thousand dollars ($5,000.00) for a violation found to be irreparable or irreversible in nature. In determining the amount of the fine, if any, the special magistrate shall consider the gravity of the violation; any actions taken by the violator to correct the violation; and any previous violations committed by the violator.

(7)

Fine constitutes lien. A certified copy of an order imposing a fine may be recorded in the public records of the office of the Clerk of the Circuit Court for Duval County, Florida, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Such lien may be enforced in the same manner as a court judgment by the sheriffs of this state, including execution and levy against personal property, but shall otherwise not be deemed a judgment of a court except for enforcement purposes. A fine imposed pursuant to this section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the city, and the city may execute a satisfaction or release of lien entered pursuant to this section. After three (3) months from the filing of any such lien that remains unpaid, the city may foreclose on the lien or sue to recover a money judgment for the lien and accrued interest. No lien created pursuant to the provisions of this section may be foreclosed on real property that is a homestead under Section 4, Article X of the State Constitution. The money judgment provisions of this section shall not apply to real or personal property that is covered under Section 4(a), Article X of the State Constitution.

(8)

Appeal. Any aggrieved party may appeal an order of the special magistrate by certiorari proceedings in the Circuit Court of Duval County, Florida. The petition for writ of certiorari must be filed within thirty (30) days after the date of execution of the order to be appealed. The scope of review shall be limited to the record made before the special magistrate and shall not be a trial de novo.

The city council or any interested person shall have the right to apply to the Circuit Court of Duval 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 forthwith issue such temporary and permanent injunctions as are necessary to prevent the violation of same.

Any person violating any provisions of the LDC or who shall fail to abide by and obey all orders and resolutions promulgated as herein provided, shall be guilty of a misdemeanor, and shall be subject to all criminal penalties authorized by State of Florida for such violation. Each day that the violation continues shall constitute a separate violation. This section shall not apply to article III of chapter 34 (Land Development Code) of the Jacksonville Beach Code of Ordinances.