§ 15-187. Enforcement/penalty.

(a)

It shall be unlawful for any person to violate any provisions of this article, or any provisions of any resolution enacted pursuant to this article. The provisions of this article may be enforced by notice of violation, civil citation, or criminal citation. Any person not in compliance with this article, or any provisions of any resolution enacted pursuant to the authority of this article, may be prosecuted in accordance with chapter 11 of this Code or as provided in section 1-9 of this Code. Each violation shall be considered a separate offense.

(b)

When a complaint is investigated by the environmental protection officer, pursuant to subsection 15-179(c), and a determination is made that a violation of this article has occurred without the issuance of the appropriate variance as provided in section 15-186 of this article, or not in accordance with this article, the environmental protection officer shall promptly issue a written notice of violation or civil citation. If and when issued, a civil citation shall be issued pursuant to the requirements provided at F.S. § 162.21, which shall be punishable by a fine of two hundred dollars ($200.00) for the first offense and four hundred dollars ($400.00) for the second offense. A third and each subsequent violation of the same provision requires a mandatory court appearance and may be punishable by a fine of five hundred dollars ($500.00). If and when issued, a notice of violation shall include a description of the site where the violation has occurred, cite the provisions of this article and other applicable laws that have been violated, and set forth the required remedial action or actions to be taken as deemed reasonable and necessary by the county. Such remedial action may include:

(1)

Modification of the structure or business causing the violation in order to comply with applicable local, state or federal laws or regulations;

(2)

Any other actions consistent with the purpose and intent of this article or other applicable laws in order to ameliorate the adverse impacts of the violation; and

(3)

Administrative and civil penalties.

(c)

(1)

When a noise complaint is received and referred to the investigating officer for investigation, pursuant to subsection 15-179(d), and upon personal investigation the investigating officer finds probable cause to believe the owner or operator of the real property at issue is in violation of this article, the investigating officer may issue a written warning to cease and desist the violation.

(2)

If the owner or operator of the real property does not take corrective action regarding such a cease and desist warning within a reasonable time, which is defined to be fifteen (15) minutes or less, or if the noise or sound is abated after the warning and then reoccurs within one hundred eighty (180) days of the time of abatement, the owner or operator of the real property at issue may be found guilty of a civil infraction, with a maximum penalty in an amount not to exceed five hundred dollars ($500.00).

(3)

Upon determination that a violation of this article has occurred, the investigating officer may issue a civil citation pursuant to the requirements provided at F.S. § 162.21, which shall be punishable by a fine of two hundred dollars ($200.00) for the first offense and four hundred dollars ($400.00) for the second offense. A third and each subsequent violation of the same provision requires a mandatory court appearance and may be punishable by a fine of five hundred dollars ($500.00) or by criminal citation as provided in section 1-9 of this Code.

(d)

If the person cited elects to pay the applicable reduced civil penalty for a first or second violation, the person shall be deemed to have admitted the infraction and waived the right to a hearing. If the person cited fails to pay the civil penalty by the fourteenth day after issuance of the citation or fails to request a court hearing within the time prescribed, the person shall have waived any right to contest the citation, and a judgment shall be entered against the person cited in an amount up to the maximum civil penalty, which shall not exceed five hundred dollars ($500.00).

(e)

Any person violating this article shall be liable for all costs incurred by the county in connection with enforcing this article or any provisions of any resolution enacted pursuant to this article, including, without limitation, attorneys' fees and investigative and court costs.

(Code 1965, § 21B-15; Ord. No. 86-26, § 15, 10-27-86; Ord. No. 95-31, § 1, 9-26-95; Ord. No. 2008-19 , §§ 11, 12, 9-30-08; Ord. No. 2014-17 , § 1, 6-24-14)