§ 12-160. Enforcement; penalties.  


Latest version.
  • (a)

    Violation prosecuted as misdemeanor. A person committing a violation of this article shall be guilty of an offense that, pursuant to Section 125.69, Florida Statutes, and any successor thereto, shall be prosecuted in the same manner as misdemeanors are prosecuted, and upon conviction, shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail, not to exceed sixty (60) days, or by both such fine and imprisonment. Each day the violation exists shall constitute a separate violation for the purposes of this article and may be punishable as such.

    (b)

    Violation prosecuted as civil infraction. The provisions of section 15-20 may be used to enforce this article as a nonexclusive alternative to enforcement by any other means authorized by law. A violation of any provision of this article shall constitute a civil infraction that, for purposes of section 15-20 and the civil penalties provided thereunder, is designated as a category 10 civil infraction.

    (c)

    Nuisance. Any person who has committed or is responsible for the commission or causing of a violation of any provision of this article that constitutes a habitual violation as defined in section 15-20 shall be deemed guilty of maintaining a nuisance within the meaning of Section 823.05, Florida Statutes, if such habitual violation is committed within a period of one hundred eighty (180) days following the commission of the first of the predicate violations therefor. Such nuisance, the premises upon which the same is maintained and the person responsible for causing the same shall be subject to abatement and injunction as provided in Sections 60.05 and 60.06, Florida Statutes.

    (d)

    All remedies. The county shall have the authority to pursue all legal and equitable remedies necessary to ensure full compliance with this article, including, but not limited to, injunctive relief.

    (e)

    Private right. Permit holders shall have a private right of action to pursue all legal and equitable remedies necessary to ensure full compliance with this article against any other permit holder, including, but not limited to, injunctive relief.

(Ord. No. 2012-2, § 3, 1-10-12)