§ 35-59. Enforcement of violations; penalties.

(a)

Each violation of this article shall constitute a separate offense punishable as provided in section 1-9 of this Code by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for a term not to exceed sixty (60) days, or by both such fine and imprisonment. All law enforcement officials are hereby authorized to assist in the enforcement of this article to the extent that it is within their respective jurisdictions to do so.

(b)

Nothing in this Code shall be construed to prohibit the county from enforcing this article by alternate means including, but not limited to: code enforcement or code citations pursuant to F.S. ch. 162, part I or II; by criminal action; by civil action, including petitions to enjoin persons violating this article; or by any other means available by law.

(c)

Violations of this article enforced pursuant to F.S. ch. 162, part I, shall be heard before the special magistrate authorized by F.S. ch. 162, part I, and chapter 11, article II, of this Code. Hearings in front of the special magistrate shall be conducted in accordance with F.S. ch. 162, part I, and chapter 11, article II, of this Code, with all applicable procedures and available penalties as prescribed.

(d)

Consumer investigators assigned to the Orange County Consumer Fraud Investigative Unit shall be considered code inspectors for purposes of enforcing this article pursuant to F.S. ch. 162, part I, and chapter 11, article II, of this Code.

(e)

Any towing or immobilization service, its owner, operator, driver, or representative, or any person who violates this article shall be liable to the owner or lessee of the vehicle for all costs of recovery (including all towing, immobilization, storage, and other associated fees and costs) plus attorney's fees and court costs; and, in addition, shall be liable to the owner or lessee of any towed or immobilized vehicle for any damages resulting directly or indirectly from the placement or removal of the immobilization device and/or from the removal, transportation, or storage of the vehicle.

(Ord. No. 2014-24 , § 2, 9-9-14)