§ 1-9. General penalty; continuing violations; cessation of building and other land use permits.

(a)

In this section "violation of this Code" means:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance;

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance; or

(3)

Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.

(b)

In this section "violation of this Code" does not include the failure of a county officer or county employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this section.

(c)

Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for a term not exceeding sixty (60) days, or by both such fine and imprisonment. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.

(d)

The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise, the imposition of civil fines or other administrative actions.

(e)

Violations of this Code that are continuous with respect to time may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.

(f)

The county chairman may order the county administrator and applicable county employees to cease, and thereupon the county administrator and applicable county employees shall cease, issuance of any building permits or renewals or extensions thereof, and all review of applications for, and issuance of, land use permits for any location in unincorporated Orange County to any person, or anyone acting on behalf of, for the benefit of or in concert with such person, who, on or after February 7, 1992, has been found by the code enforcement board or a court of competent jurisdiction to have two (2) or more violations of this Code pertaining to the use of land, or one (1) violation of this Code pertaining to the use of land which violation poses an imminent threat to the public health, safety and welfare, unless such building or land use permit is required in order to cure the violation. Issuance of permits may resume once the violation has been cured or the person has provided a letter of credit to the county in an amount that, in the judgment of the county administrator, would be sufficient for the county to perform the work necessary to cure the violation in the event that the person fails to cure it.

(Ord. No. 92-3, § 2, 1-28-92)

State law reference

Penalty for ordinance violations, F.S. § 125.69.

Cross reference

Gain time for county prisoners, § 26-2.