§ 22-51. Civil enforcement and penalties for violation of article.

In order to fairly, efficiently and expeditiously enforce the provisions of this article, the following method of civil citation and enforcement may be utilized. Nothing contained in this section shall prevent the prosecution of a violation of this article as a misdemeanor in accordance with the provisions of F.S. §§ 489.127, 489.531 or 489.558 and section 22-52.

(1)

Issuance of citation. The building official or code inspectors of the county are authorized to issue citations for any violations described in section 22-82 wherever based upon personal investigation, the officer has reasonable and probable grounds to believe that such a violation has occurred.

(2)

Form of citation. A citation issued by a building official or code inspector must be in a form prescribed by the county commissioners and must state the time and date of issuance, the name and address of the violator, the date of the violation, a description of the violation, the name of the building official or code inspector, and the time and date on which the person charged must appear in court if the citation is appealed.

(3)

Conduct pending hearing or disposition. The act for which the citation is issued must be ceased upon receipt of the citation, pending the hearing or disposition.

(4)

Continuing offenses. Each day a willful, knowing violation continues shall constitute a separate offense under the provisions of this section.

(5)

Citation as a noncriminal infraction. Citation for noncriminal infraction shall be as follows:

a.

A person cited for a violation pursuant to this section is deemed to be charged with a noncriminal infraction and cited to appear in county court, unless the citation is dismissed following hearing before the construction industry licensing board pursuant to the provisions of subsection (7) of this section.

b.

A person cited for a violation pursuant to this section must either post a bond or sign and accept a citation indicating a promise to appear. If a bond is posted, the amount shall be:

First infraction\$250.00

Second and subsequent infraction\500.00

If the person cited refuses to post a bond or accept and sign the citation, that person is in violation of this act and shall be punished in accordance with subsection (6)b of this section.

c.

If a person cited for a violation pursuant to this section pays the applicable civil penalty established pursuant to subsection (6) of this section, before the date that person is to appear in court, he shall have the option to admit the commission of the infraction or to indicate that he does not wish to contest the citation. If such person forfeits the bond that has been posted by not appearing at the designated time and location, that person is deemed to have admitted the commission of the infraction.

(6)

Civil penalties. Civil penalties for a violation of this article shall be as follows:

a.

The civil penalty required for the disposition of violations of this article by payment of fine before court appearance is:

First infraction\$100.00

Second infraction\250.00

Third and subsequent infraction\500.00

b.

The amount of civil penalty required for the disposition of violations where a bond is not posted or the citation is not signed and accepted indicating a promise to appear is:

First infraction\$250.00

Second and subsequent infraction\500.00

c.

The civil penalty required for the disposition of violations of this article by court appearance or by appearance before the county construction industry licensing board shall be a fine not to exceed $500.00.

(7)

Hearing before construction industry licensing board. A person charged with the violation, or other person designated in writing by the person charged, may, within seven days, exclusive of weekends and legal holidays, submit a written request to the county construction industry licensing board for an appearance before the licensing board to challenge the validity of the citation, to show that the violation has been corrected, or to establish a time before which the violation must be corrected.

a.

Hearings by the county construction industry licensing board shall be conducted pursuant to the requirement of F.S. §§ 162.07 and 162.08.

b.

If the person charged or if his designated representative shows that the citation is invalid or that the violation has been corrected prior to appearing before the county construction industry licensing board, the board shall dismiss the citation. If the violation is corrected within the time set by the board for correction, the board shall dismiss the citation, but if the violation has not been corrected within that time, the provisions of subsection (6)a of this section shall apply.

c.

If the board determines that the violation is irreparable or irreversible in nature, the board shall impose a civil penalty pursuant to subsection (6)c of this section.

d.

The board, upon notification by the building official or code inspector that an order of the board has not been complied with by the set time or, upon finding that the same violation has been repeated by the same violator, may order the violator to pay a fine not to exceed $250.00 for each day the violation continues past the date set for compliance or for each time the violation has been repeated, and a hearing shall not be necessary for issuance of the order. In determining the amount of the fine, if any, the board shall consider the following factors:

1.

The gravity of the violation;

2.

Any actions taken by the violator to correct the violation; and

3.

Any previous violation committed by the violator.

(8)

Appeal of administrative order. An aggrieved party, including the county board of county commissioners, may appeal a final administrative order of the board to the circuit court. Such appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the board. An appeal shall be filed within 30 days of the execution of the order to be appealed.

(9)

Notice. All notices required by this section shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, building official or code inspector; or by leaving the notice at the violator's usual place of residence with some person of his family above 15 years of age and informing such person of the contents of the notice.

(10)

Building officials not law enforcement officers. This section does not authorize or permit a building official or code inspector to perform any function or duty of a law enforcement officer other than a function or duty that is authorized in this section.

(Ord. No. 93-3, § 4.00, 5-6-93)