§ 38-32. Enforcement remedies.

(a)

In addition to any other remedies available at law, including but not limited to F.S. § 166.0415 and F.S. ch. 162, or equity or provided in this article, the city may apply any one or combination of the following remedies in the event a registrant violates this article, or applicable local law or order related to the public rights-of-way:

(1)

Failure to comply with the provisions of the article or other law applicable to occupants of the public rights-of-way may result in imposition of penalties to be paid by the registrant to the city in an amount of not less than $250.00 per day or part thereof that the violation continues.

(2)

In addition to or instead of any other remedy, the city may seek legal or equitable relief from any court of competent jurisdiction.

(b)

Before imposing a fine pursuant to subsection (a)(1) of this section, the code compliance department shall give written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the registrant shall have 20 days to either:

(1)

Cure the violation to the city's satisfaction and the city shall make good faith reasonable efforts to assist in resolving the violation; or

(2)

File an appeal with the code compliance department to contest the alleged violation.

Such appeal shall be heard by the city's special magistrate process. If no appeal is filed and if the violation is not cured within the 20-day period, the city may collect all fines owed, beginning with the first day of the violation, through any means allowed by law. The city may also, after proper notice has been attempted, remove any abandoned property that has been placed on the right-of-way.

(c)

In determining which remedies are appropriate, the code compliance department shall take into consideration the nature of the violation, the person bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the city determines are appropriate to the public interest.

(d)

Failure of the code compliance department to enforce any requirements of this article shall not constitute a waiver of the city's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies.

(e)

In any proceeding before the city where there exists an issue with respect to a registrant's performance of its obligations pursuant to this article, the registrant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms and conditions of this article. The city may find a registrant that does not demonstrate compliance with the terms and conditions of this article in default and apply any one or combination of the remedies otherwise authorized by this article.

(f)

The city manager or his designee shall be responsible for administration and enforcement of this article, and is authorized to give any notice required by law.

(Ord. No. 2008-08, § 2(101-14), 6-11-2008)