§ 15-36. Violations; notice; citations; [remedies].

(a)

Whenever evidence has been obtained or received establishing that a violation of this act [article] or any rules or regulations adopted pursuant to this act [article] has been committed, the environmental protection officer shall issue a notice to correct the violation or a citation to cease the violation, and cause the same to be served upon the violator by personal service or certified mail, or, if the alleged violator cannot be served or notified as aforesaid, within a reasonable time, then by posting a copy in a conspicuous place on the premises of the facility causing the violation. Such notice or citation shall briefly set forth the general nature of the violation and specify a reasonable time within which the violation shall be rectified or stopped, commensurate with the circumstances. If the violation is not corrected within the time so specified or the violation stopped, or reasonable steps taken to rectify the violation, the environmental protection officer, with the approval of the board of county commissioners, shall have the power and authority to issue an order requiring the violator to cease or suspend operation of the facility causing the violation until the violation has been corrected, or the environmental protection officer, with the approval of the said board, may institute action to compel compliance with the provisions of such notice or citation, or initiate proceedings to prosecute the violator for violation of this act [article].

(b)

The pollution control officer [environmental protection officer] shall have the following additional judicial remedies for a violation of this act [article] or the rules and regulations adopted pursuant to this act [article]:

(1)

The pollution control officer [environmental protection officer] may, with the approval of the board of county commissioners, institute a civil action in a court of competent jurisdiction to establish liability and to recover the reasonable costs and expenses of establishing such liability, including attorney's fees, and damages for any injury to the air, waters, or property, including animal, plant, and aquatic life, of Orange County caused by any violation; and

(2)

The pollution control officer [environmental protection officer] may, with the approval of the board of county commissioners, institute a civil action in a court of competent jurisdiction to impose and to recover a civil penalty for each violation in an amount of not more than five thousand dollars ($5,000.00) per offense. However, the court may receive evidence in mitigation. Each day during any portion of which such violation occurs constitutes a separate offense.

(3)

It shall not be a defense to, or ground for dismissal of, these judicial remedies for damages and civil penalties that the pollution control officer [environmental protection officer] has failed to exhaust his administrative remedies, has failed to serve a notice of violation, or has failed to hold an administrative hearing prior to the institution of a civil action.

(c)

[Initiation of proceedings by environmental protection officer:]

(1)

The Orange County Environmental Protection Officer, or any member of his staff designated by him for such purpose is a "code inspector," as that term is defined in and by Chapter 11, Code of Laws, Orange County, Florida, entitled "Orange County Code Enforcement Board Ordinance."

(2)

The Orange County Environmental Protection Officer, or any member of his staff so designated by him, may initiate proceedings concerning alleged violations of the rules and regulations of the Orange County Environmental Protection Commission before the Orange County Code Enforcement Board, pursuant to the procedure set forth in Chapter 11, Code of Laws, Orange County, Florida.

(3)

The procedure governing appeal of any action initiated by the Orange County Environmental Protection Officer, or his designee, before the Orange County Code Enforcement Board shall be that procedure set forth in section 11-40, Code of Laws, Orange County, Florida.

(4)

The environmental protection officer, or a subordinate expressly designated by him, may institute a civil action on behalf of the county in a court of competent jurisdiction in order to obtain a temporary restraining order or a temporary injunction directed toward the cessation of a violation of county environmental rules and regulations when, in the opinion of the environmental protection officer or his designate, the violation of such rule or regulation results in a condition which is seriously harmful to the health, welfare or safety of residents of the county.

Such civil action may be instituted by the environmental protection officer or his designate, without approval of the board of county commissioners. However, the environmental protection officer shall report the institution of such a civil action to the board of county commissioners as soon as reasonably possible.

(d)

In addition to any other enforcement methods provided by law, the Orange County Environmental Protection Officer may initiate enforcement proceedings and enforce the provisions of Chapter 67-1830, Laws of Florida, as amended by Chapter 74-551, Laws of Florida, and any rules and regulations adopted thereunder, in accordance with the provisions of the Local Government Code Enforcement Boards Act, Sections 162.01 through 162.13, Florida Statutes.

(Code 1965, § 24-11; Laws of Fla. ch. 67-1830, § 1; Laws of Fla. ch. 74-551, § 1; Laws of Fla. ch. 84-489, § 1; Laws of Fla. ch. 84-490, § 9; Ord. No. 84-13, § 2, 7-16-84; Ord. No. 84-14, § 2, 7-16-84)