The purpose of this article is to set forth penalties for failure to comply with these land development regulations. The provisions of this article are supplemental to any other remedies available to the town. Nothing contained in this article prohibits the town from enforcing its codes or ordinances by the code enforcement provisions of the Town of Jupiter Island Code of Ordinances or other available laws.

A.

Failure to comply with any of the provisions of these land development regulations shall constitute a violation. Each day such violation continues shall be considered a separate violation.

B.

Failure to comply with any conditions and/or safeguard established in connection with a grant of development approval, including, but not limited to subdivisions, rezonings, special exception, approvals using alternative development standards, variance, impact review, increase in floor area, including the installation and continued maintenance of landscape buffers shall constitute a violation. Each day such violation continues shall be considered a separate violation.

C.

The owner or tenant of the building, structure, premises, or part thereof and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found in violation.

D.

It is a violation of these land development regulations for any person to destroy, move, remove or deface or obscure any sign or notice erected or posted by town officials pursuant to the requirements of the land development regulations.

E.

A violator found in violation of any land development regulations shall comply with any order entered by the town's special magistrate.

F.

Noting herein shall prevent the town from taking any lawful action in a court of law necessary to prevent or remedy any violation of, or failure to comply with the regulations contained in these land development regulations.

(Ord. No. 386, § 3, 8-16-23)

A.

Grounds for removal of towers and antennas. The following shall be grounds for a court of competent jurisdiction or the code enforcement magistrate to order removal of a tower and/or antenna at the expense of the owner of the lot on which the structure is located:

1.

Failure to bring towers and antennas into compliance with applicable regulations within the time set forth in article IV, section 3.12(D)(1) or (2).

2.

Failure to remove an abandoned tower or antenna within 90 days of receipt of written notice from the town.

B.

Grounds for removal of signs. The following shall be grounds for the administrative official to immediately remove a sign at the expense of the owner of the lot on which the sign is located, or the owner of the sign, if it is not placed within a lot:

1.

Placement of signs in the public right-of-way without approval.

2.

Signs constructed, located, or maintained in a manner that creates an immediate danger to the public health or safety.

(Ord. No. 386, § 3, 8-16-23)

A.

The administrative official may revoke a development permit if at any time it shall appear to the administrative official that:

1.

The property for which an approval was granted is not in compliance with the plans upon which the approval relied; or

2.

Work is being done upon the premises which does not comply with existing ordinances or codes; or

3.

The premises have been occupied or furniture or personal effects have been moved in before a certificate of occupancy is issued.

B.

After a development permit has been revoked, the administrative official may condition the approval of a new development permit upon an indemnity bond in favor of the town with sufficient surety to ensure compliance with these land development regulations and all other applicable laws and codes, and in a sum sufficient to cover the cost of removing the building or structure if it does not so comply.

(Ord. No. 386, § 3, 8-16-23)

A.

If the town's administrative official determines that development is being undertaken in a manner that is inconsistent with a development approval, the administrative official may issue a stop-work order to prohibit the continuation of further work on the site except that which is required to correct a violation or preserve the public safety.

B.

The stop-work order may be issued in conjunction with a notice of violation.

C.

If the stop-work order is issued in conjunction with a notice of violation, the administrative official may request a hearing of the code enforcement magistrate.

D.

The stop-work order shall remain effective:

1.

Until the administrative official verifies that full compliance with these land development regulations has been accomplished; or

2.

Until a hearing before a court, or code enforcement magistrate; or

3.

Until such other reasonable time established by the administrative official or code enforcement magistrate; whichever period is the shortest.

(Ord. No. 386, § 3, 8-16-23)

Upon the entry of an order of violation by the code enforcement magistrate, no further development approvals shall be processed or granted regarding the property which is the subject of the violation, except for permits necessary to correct the violation, or to preserve the public's safety until the violation is corrected and any fines which have been imposed are paid.

(Ord. No. 386, § 3, 8-16-23)

Any person may file a complaint with the town if there is any reason to believe a violation of these regulations exists. All such complaints must be in writing and shall be filed with the administrative official charged with investigating the complaints of violations of these land development regulations.

(Ord. No. 386, § 3, 8-16-23)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of these land development regulations, the town commission, may institute any appropriate legal action or proceedings to prevent such unlawful erection, it deems necessary to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use about such premises.

(Ord. No. 386, § 3, 8-16-23)