Unless otherwise expressly stated by the City of Marathon Code or State law, any violation of the LDRs, including, but not limited to the following; will be subject to the remedies and penalties provided for in this article:

1. To use land or buildings in any way not consistent with the requirements of the LDRs;
2. To engage in development activity in any way not consistent with the requirements of the LDRs;
3. To install or use a sign in any way not consistent with the requirements of the LDRs;
4. To engage in the use of land, buildings, signs, natural resources or historic resources, or any development activity under the LDRs without obtaining all required permits or approvals;
5. To engage in the use of land, buildings, signs, natural resources or historic resources, or any development activity in any way inconsistent with a permit or approval granted under the LDRs;
6. To operate any business subject to specific use or operating conditions under the LDRs except in accordance with the LDRs; or
7. Any other failure to comply with the provisions of the LDRs.

The owner, tenant or occupant of any land or structure, shall be presumed to know of activity occurring on such land or in such structure and thus may be charged with a violation of the LDRs for any violation found on any premises subject to the LDRs. Where an architect, contractor, builder, agent or other person appears to have participated directly in a violation of the LDRs, such person may also be charged with a violation of the LDRs. The presumption established by this Section shall be rebuttable as part of the enforcement proceeding.

These regulations shall not affect any private deed restrictions or restrictive covenants recorded with any deed, plat, or other legal document relating to the use or lot and setback requirements except those that state or reinforce requirements of the LDRs or development approvals. No person or agency in the capacity of administering or enforcing these regulations shall be responsible for enforcing private deed restrictions or restrictive covenants.

The City may use any of the following remedies and enforcement powers:

1. Referral to Code Compliance Board. Violations of the LDRs may be referred to the City of Marathon Code Compliance Board for enforcement in accordance with Fla. Stat. ch. 162, and Chapter 10 of the City of Marathon Code of Ordinances.
2. Referral to Florida Department of Environmental Protection. Violations of the LDRs may also be referred to the Florida Department of Environmental Protection.
3. Referral to State Attorney's Office. Violations of the LDRs may also be referred to the State Attorney's Office.
4. Citations. A citation may be issued for violations of the in accordance with Fla. Stat. ch. 162, and Chapter 10 of the City of Marathon Code of Ordinances.
5. Withhold Permits and Approvals. The City may deny or withhold all permits, certificates or other forms of authorization on any land, or structure or improvements thereon:
   1. Upon which there is an uncorrected violation of a provision of the LDRs or of a condition or qualification of a development order, permit, certificate, approval or other authorization previously granted by the City; or
   2. That is owned or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of the LDRs or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City.
6. Approval of Permits and Approvals with Conditions. Instead of withholding or denying a permit or other authorization, the official with authority to approve the permit or authorization may grant such authorization only if adequate assurances are in place to ensure correction of the violation and provided that granting the permit or authorization will not compromise the public health, safety or general welfare.
7. Revoke Permits and Approvals. Any permit or other form of authorization required under the LDRs may be revoked by the City Council in accordance with Section 109.04, below.
8. Stop Work.
   1. Whenever any portion of a building is being constructed, reconstructed, altered or repaired or any natural or historic resource is being altered in violation of the LDRs, the Code Compliance Director or any other qualified building or code inspector may order the work to be immediately stopped.
   2. The stop work order shall be in writing and directed to the person doing the work. The stop work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.
   3. Violation of a stop work order constitutes a misdemeanor.
9. Forfeiture and Confiscation of Signs. Any sign installed or placed on public property, except in compliance with the regulations of Chapter 107, Article 6, "Signs" will be subject to forfeiture to the City and to confiscation. In addition to other remedies and penalties of this Section, the City has the right to recover from the sign owner or person who placed the sign, the full costs of sign removal and disposal.
10. Legal Relief.
    1. The City may commence a civil action or proceeding to stop any violation of the LDRs or of a permit, certificate, plan or other form of authorization granted hereunder, to remove a violation, or to restore the Premises in question to the condition in which they existed prior to violation. The relief sought may include:
       1. An injunction or other equitable relief;
       2. A mandatory injunction requiring specific performance of the requirements of a site plan, landscaping plan, environmental remediation plan or any development order, approval or permit requiring specific site improvements as a remedy under the LDRs or as a condition of approval of such development order, approval or permit;
       3. An order in the nature of mandamus or abatement;
       4. A civil action in a court of competent jurisdiction to establish liability and to recover damages to property including animal, plant, and aquatic life, caused by any violation;
       5. A judgment or order enforcing any requirement of, or under, the LDRs to pay a fee or reimburse or compensate the City, including when the City is required or authorized to take specified action at the expense of the Landowner; or
       6. Any other judgment or order available under Florida law.
    2. It shall not be a defense to, or ground for dismissal of, these judicial remedies for damages and a civil penalty that the City has failed to exhaust its administrative remedies, or has failed to hold an administrative hearing prior to the institution of a civil action.
11. Consent Orders. The City Manager has the authority to enter into consent orders on behalf of the City of Marathon to settle Code violations, either before or after initiating formal enforcement action. The settlement may include a penalty amount different from the penalties provided by Code, including the payment of administrative costs and expenses. Proposed consent orders shall be reviewed by the City Attorney's Office prior to signature by the parties.
12. General Penalties.
    1. Violation of the provisions of these regulations or failure to comply with any of the requirements, including violations of conditions and safeguards established in connection with grants of variance or special exceptions, may be punishable as provided by general law for violation of City ordinances.
    2. All monies collected related to surface waters, wetlands, strategic ecosystems or other regulated natural resources shall be deposited in an environmentally sensitive lands fund, hereby created, for the acquisition and management of environmentally sensitive lands.
    3. The City may seek such other penalties and remedies, and employ such other enforcement powers, as are provided by Florida law for violations of zoning, subdivision, sign, or related provisions.
13. Appeals. A property owner or an aggrieved party as identified in by Fla. Stat. § 163.3215(2), may appeal any decision of the Director pursuant to Article 17 "Appeals" of Chapter 102.

1. Development orders and other development permits and approvals, including but not limited to; plats, site plans, certificates of level of service compliance for concurrency requirements, vested rights determinations, and other permit approvals granted by the City Council may be revoked, modified or suspended by the City Council upon finding that the approval was granted on the basis of a clear and material misrepresentation of fact by the applicant or on the basis of a clear and material error of law, or there has been clear and material noncompliance with the conditions for approval.
2. Upon discovery of such an erroneous development approval or noncompliance or deficiency of development activity with respect to the development approval, the City Manager or other official responsible for enforcement shall notify the owner, developer and other responsible parties, such as the engineer of record, the contractor or any known holders of any mortgages, by certified mail within five (5) working days of discovery of the error or deficiency. The responsible parties shall bear all risks and responsibility for any work undertaken after notification of the error or deficiency. Upon determining that the error or deficiency poses an immediate threat to public health or safety, the Director of the agency granting the development approval shall have the power to authorize or issue stop work orders.
   
   The responsible parties shall respond to the error or deficiency notice by certified mail within 15 working days with a proposal for corrective action to remedy the error or deficiency. The City shall evaluate and respond to the responsible parties within ten (10) working days with either an acceptance of the responsible parties' proposal or with an alternative recommendation for corrective action. If the responsible parties' recommendation is not accepted within ten (10) working days, the responsible parties shall have an additional 15 working days to negotiate an acceptable resolution with the City. If resolution cannot be reached, the City may proceed with revocation, modification, or suspension procedures as outlined in this section.
3. A proposed action to revoke, modify, or suspend a development approval may only be initiated by the City Manager. At least 15 working days prior to the public hearing before the City Council, notice shall be provided by certified mail to the applicant for the development approval, all owners of record of property within the portions of the development approval to be revoked, and to other property owners to the same extent as was required for the subject development approval setting forth specific allegations to support the proposed action.
   
   Before taking formal action to revoke, modify, or suspend a development approval, the Council must first refer the matter to an independent hearing officer to conduct a hearing that affords the procedural due process safeguards required by Florida law for quasi-judicial hearings. Upon a decision by the Council to conduct such a hearing, the matter shall be promptly referred to a hearing officer.
   
   Upon referral to a hearing officer, a hearing shall be scheduled pursuant to Article 6, Chapter 101, "Hearing Officer", unless otherwise mutually agreed upon by the parties. The hearing shall be conducted in accordance with the rules of evidence and procedure applicable to the Division of Administrative Hearings (DOAH), if conducted by a DOAH administrative law judge, or else in general accordance with the Florida Rules of Evidence and Civil Procedure. The hearing officer may permit the submittal of proposed recommended orders.
   
   After the conclusion of the hearing, the hearing officer shall submit a recommended order to the Council and the parties' representatives, containing findings of fact based upon a preponderance of the evidence, conclusions of law, and suggested relief. Upon receipt of the recommended order, City staff shall immediately act to schedule another public hearing of the Council in accordance with the notice requirements in Subsection C., above.
   
   The Council shall render a final order within 60 days of receipt of the recommended order. Council may not reject or modify findings of fact in the recommended order unless it first determines from a review of the entire record, and states with particularity in the final order, that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law.
4. Appeals of the Council's decision shall be by way of petition for writ of certiorari filed in the Circuit Court for Monroe County within 30 days of entry of the Council's final order. No person may apply to a court for relief from a decision made pursuant to this Section until first exhausting the remedies provided in this article. However, nothing shall preclude the City from immediately seeking an injunction to redress an immediate threat of irreparable harm, or from referring code violations to the Code Compliance Board in accordance with Chapter 10, City of Marathon Code.

Nothing in the LDRs prohibits the City's continuation of previous enforcement actions, undertaken by the City pursuant to previous and valid ordinances and laws.

The remedies and enforcement powers established in the LDRs are cumulative, and the City may exercise them in any order.