(a)

This Article establishes procedures for ensuring compliance with the UDC and obtaining correction of violations. In addition, within the jurisdiction of this UDC, no subdivision shall be created, platted, or recorded, nor shall any developments be approved, nor shall any building application be approved unless such project shall meet with all the requirements as herein provided. The County, notwithstanding the penalty provisions herein, is authorized to have recourse to such remedies in law and equity as may be necessary to ensure compliance with the provisions of this UDC, including injunctive relief to enjoin and restrain any person violating the provisions of this UDC or any permit or plan approved thereunder, and any rules and regulations adopted under this UDC. In addition to legal or equitable remedies, the County may use any proceeding available through Chapters 125 or 162 of the Florida Statutes, or Chapter 2, Article VIII, of the County Code.

(b)

Any of the following shall be a violation of this UDC and shall be subject to the enforcement remedies and penalties provided by this Article and by State law.

(1)

Development without Permit. To engage in any development, use, construction, remodeling, or other activity of any nature upon land or improvements thereon subject to the jurisdiction of this UDC without all required permits, certificates, or other forms of authorization as set forth in this UDC.

(2)

Development Inconsistent with Permit. To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity.

(3)

Violation by Act or Omission. To violate, by act or omission, any term, variance, modification, condition, stipulation or qualification placed by the Board or its agent boards upon any required permit, certificate, or other form of authorization for the use, development, or other activity upon land or improvements thereon.

(4)

Use in Violation. To erect, construct, reconstruct, alter, repair, convert, maintain, or use any building or structure or to use any land or waters in violation or contravention of this UDC or any other regulation made under the authority conferred thereby.

(5)

Disclosure of Violations. No building, structure, or land shall be offered or advertised for sale or lease for any use, activity, or occupancy in violation of the UDC unless such advertisement or offer expressly discloses the violation.

(a)

All such remedies provided herein shall be cumulative. To the extent that Florida law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.

(b)

If an owner or occupant or other person repeats the same violation, whether or not such violation is at the same location, within a five-year period from the date of the initial violation, it shall be considered to be a repeat of the initial violation and shall be subject to additional penalties and remedies.

(c)

Any action considered a violation of any previous version of the UDC, may be considered a repeat violation of the UDC where the prior provisions have been replaced with provisions in the UDC, even where the location of the applicable provisions within this document has changed, provided such action continues to be considered unlawful.

(d)

Payment of a fine shall be considered admission of a violation for the purposes of a repeat violation.

(a)

The Administrator shall have primary responsibility for enforcing all provisions of this Code. Other officers of the County, as designated by the County Administrator, shall share responsibility for enforcing provisions of this Code.

(b)

Reserved.

(a)

Whenever a violation of the UDC occurs, or is alleged to have occurred, any person may file a complaint. A complaint may be filed in writing or orally and must include the complainant's name and address unless, pursuant to Section 125.69, Florida Statutes, as may be amended from time to time, the complainant states that he or she has a substantial fear of retaliation or of status-based legal jeopardy. Such complaint, stating fully the causes and basis thereof, shall be filed with the Planning and Development Services Department. The Administrator or Code Enforcement Officer shall record properly such complaint, investigate within a reasonable time, and take action thereon as provided by this UDC. The Administrator or Code Enforcement Officer may also act upon violations he or she otherwise becomes aware of during the normal performance of his/her duties. The Administrator shall maintain as a public record the disposition made of the complaint.

(b)

Reserved.

(Ord. No. 2022-030, § 2, 7-12-2022)

(a)

Penalties. Any person who knowingly violates the provisions of the UDC, or fails to comply with any requirement incorporated herein, may be prosecuted through criminal proceedings as provided in F.S. § 125.69, and may be punished by the maximum fine or imprisonment, or both fine and imprisonment, and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense for purposes of this paragraph.

(1)

The owner or tenant of any building, structure, premises, or part thereof, and any architect, building contractor, surveyor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. All fines collected under this section shall be deposited into a code enforcement account to augment code enforcement services.

(2)

Any person who opposes, obstructs, or resists any Code Enforcement Officer or any person authorized by the Code Enforcement Officer in the discharge of his/her duties as provided by the UDC shall be in violation of this UDC and prosecuted in the same manner as misdemeanors are prosecuted, punishable by a fine, or by imprisonment not to exceed 60 days, or by both a fine and imprisonment.

(3)

The County is expressly authorized to take such other lawful action, or combination of actions, against any owner or other person as is necessary to prevent or remedy any violation of the UDC, including, but not limited to, resort to equitable action for injunctive relief, and enforcement pursuant to F.S. Ch. 162, and Chapter 2, Article VIII of the County Code. Fines for offenses prosecuted as citations under Chapter 2, Article VIII, of the County Code, shall be established by resolution of the Board.

(4)

The County shall have full discretion to select among appropriate remedies based on which of the remedies would be the most effective in a particular situation.

(b)

Reserved.

(a)

Any prosecution arising from a violation of any prior zoning or land development code, ordinance, or regulation of the County superseded by the UDC, which prosecution was pending at the effective date of the UDC, or any prosecution which may be begun within one year after the effective date of the UDC in consequence of any violation of any prior zoning or land development code, ordinance, or regulation superseded hereby, which violation was committed prior to the effective date of the UDC, shall be tried and determined exactly as if such prior zoning or land development code, ordinance or regulation had not been superseded.

(b)

Reserved.