This article establishes procedures and standards to ensure compliance with the provisions of this LDC and obtain corrections for violations of the LDC. It also sets forth the remedies and penalties that apply to violations of this LDC. The provisions of this article are intended to encourage the voluntary correction of violations, where possible.

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

Compliance with all the procedures, standards, and other provisions of this LDC is required by all persons owning, developing, managing, using, or occupying land or structures in the City.

All persons shall obtain all development orders for development approvals and permits required by this LDC prior to development.

(a)

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

(b)

Development Orders Only Authorize Approved Development. 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 such development order.

It shall be a violation of this LDC to undertake any action contrary to the provisions of this LDC, including but not limited to the following:

(a)

Develop land or a structure without first obtaining all appropriate development orders.

(b)

Occupy or use land or a structure without first obtaining all appropriate development orders.

(c)

Subdivide land without first obtaining all appropriate development orders required to engage in subdivision.

(d)

Excavate, grade, cut, clear, or undertake any land disturbing activity without first obtaining all appropriate development orders.

(e)

Remove existing trees or vegetation from a site or parcel of land without first obtaining appropriate development orders.

(f)

Disturb any landscaped area or vegetation required by this LDC.

(g)

Install, create, erect, alter, or maintain any sign without first obtaining the appropriate development order or permit.

(h)

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

(i)

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

(j)

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

(k)

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

(l)

Through any act or omission, fail to comply with any other provision, procedure, or standard as required by this LDC.

The Code Enforcement Officer and the Special Magistrate shall have primary responsibility for enforcing the provisions of this LDC in accordance with Chapter 4.7, Article III and Chapter 5.3 of the City Code and this article. The Community Development Director may supplement that responsibility through enforcement actions authorized in this section, and may delegate such supplemental enforcement authority to 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 LDC by reporting apparent violations of this LDC to a Code Enforcement Officer or the Community Development Director.

Whenever a violation of this LDC occurs or is alleged to have occurred, any person may file a complaint with a Code Enforcement Officer or the Community Development Director. The complaint shall state fully the cause and basis for the alleged violation and include the name and address of the complainant.

On presenting proper credentials, a Code Enforcement Officer or the Community Development Director may enter on land or inspect any structure to ensure compliance with the provisions of this LDC. These inspections shall be carried out during normal business hours unless the Code Enforcement Officer, Building Official, or Community Development Director determines there is an emergency necessitating inspections at another time.

(a)

Investigation on Referral of Complaint. On receiving a complaint, the Community Development Director may investigate the complaint and determine whether a violation of this LDC exists. If electing not to investigate the complaint, the Community Development Director shall immediately refer the complaint to a Code Enforcement Officer for enforcement in accordance with Chapter 5.3 of the City Code.

(b)

Notice of Violation.

(1)

On determining that a violation of this LDC exists, whether from an investigation of a written complaint or otherwise, the Community Development Director may provide written notice of the violation, by personal service or certified mail, return receipt requested, to the owner of the land on which the violation exists and to the person causing or maintaining the violation. Such written Notice of Violation shall:

(A)

Describe the location and nature of the violation;

(B)

State the actions necessary to abate the violation;

(C)

Order that the violation be corrected within a specified reasonable time after receipt of the Notice of Violation; and

(D)

State that the violation may be enforced in accordance with this article of the LDC, Chapter 4.7, Article III of the City Code, or Chapter 5.3 of the City Code if the violation is not corrected within the specified time limit.

(2)

If the landowner cannot be located or determined, the Community Development Director may post a copy of the notice on the building, structure, sign, or site that is the subject of the violation. In such a case, the time limit for correction of the violation shall be deemed to begin five days after the notice is posted.

(3)

On determining that the violator has failed to correct the violation by the time limit set forth in the Notice of Violation, the Community Development Director may take appropriate action as provided in subsection (d) below to correct and abate the violation and ensure compliance with this LDC, or may refer the violation for enforcement in accordance with subsection (c) below.

(c)

Citations. If the Community Development Director determines that a violator has failed to correct the violation by the time limit set forth in the Notice of Violation, the Community Development Director may issue a citation to the person who committed the violation in accordance with the code enforcement procedure in Section 4.7-10 and Section 5.3-24 et seq. of the City Code.

(d)

Remedies and Penalties. The City may use any combination of the following remedies and enforcement powers to administer and enforce this LDC, in addition to the remedies and enforcement powers authorized by Chapter 4.7, Article III and Chapter 5.3 of the City Code.

(1)

Issuance of Stop Work Order.

(A)

Upon determining a development is in violation of this LDC, the City may issue and serve upon a responsible person or persons (see Section 9.4) a stop work order, which requires the person(s) to stop development and cease all activities at the development until the violation is remedied and the stop work order is released.

(B)

Upon remediation of the violation, a responsible person shall notify the City of the remediation, and within a reasonable period of time after notification, the City shall inspect the development site and determine if the violation is corrected.

(C)

Upon determining the violation has been remediated, the City shall release the stop work order.

(2)

Revocation of Development Order or Permit.

(A)

A development order, permit, or other form of authorization issued in accordance with this LDC may be revoked by the Community Development Director if it is determined that false statements or misrepresentations were made in securing the development order or permit, work is being done in substantial departure from the approved application or plan, or the development order or permit was issued in error.

(B)

No work or construction shall proceed after service of the revocation notice.

(3)

Denial or Withholding of Related Authorization. The City may deny or withhold authorization to use or develop any land, structure, or improvements until an alleged violation related to such land, structure, or improvements is corrected and any associated civil penalty is paid.

(4)

Repair by City. If a violation is one that presents a serious threat to the public health, safety, or welfare, or is irreparable or irreversible, the City may make all reasonable repairs necessary to bring the land into compliance and may charge the violator with the reasonable cost of the repairs, in accordance with Ch. 162, Fla. Stat.

(5)

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.

(6)

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:

1.

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

2.

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

3.

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

4.

That removed trees be replaced; or

5.

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

(B)

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

(7)

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

(8)

Criminal Penalties. Any person violating any of the provisions of this LDC or who fails to abide by or obey all orders and resolutions promulgated as herein provided, may be subject to criminal penalties as allowed by law.

(e)

Remedies Are Cumulative.

(1)

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

(2)

Each day of continued violation of this LDC shall be considered a separate violation for purposes of computing cumulative civil or criminal penalties.