§ 10.4. Remedies and Penalties.

A.

General. The City may use any combination of the following remedies and enforcement powers to administer and enforce this Code.

B.

Civil Remedies and Penalties.

1.

Issuance of Stop Work Order. Whenever a building or structure is being constructed, demolished, renovated, altered, or repaired in violation of any applicable provision of this Code, City staff may issue a Stop Work Order. The Stop Work Order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons for cessation, and the action(s) necessary to lawfully resume work.

2.

Revocation of Development Order. City staff may revoke any development order by written notice to the holder when false statements or misrepresentations were made in securing the development order, work is being or has been done in substantial departure from the approved plan or conditions, there has been a failure to comply with the requirements of this Code, or a development order has been mistakenly issued in violation of this Code.

3.

Denial or Withholding of Related Authorization.

a.

The City may deny or withhold authorization to use or develop any land, structure, or improvements until a violation related to such land, structure, or improvements is corrected and any associated civil penalty is paid.

b.

Unless necessary for purposes of correcting a violation of this Code or to avoid imminent peril to life or property, no officer, official, agent, employee, or board of the City shall approve, grant, or issue any development order for any person where:

i.

The property that is the subject of the requested development order is the site of an uncorrected violation of any provision of this Code, or an unpaid code enforcement, correction, or abatement lien; or

ii.

The applicant for the development order has any unpaid civil penalty or costs arising from a code enforcement action regarding the real property that is the subject of the request.

c.

Appeal of any denial or refusal to act pursuant to this paragraph [3] shall be as provided in accordance with Section 3.4.Y, Appeal, for appeals of a City staff decision.

4.

Citation and Civil Penalties.

a.

Any violation of this Code may be treated as a civil infraction in accordance with the supplemental municipal code enforcement provisions set forth in F.S. 162.21. Any City staff designated to do so is hereby empowered to issue a citation to a person when, based on personal investigation, the staff has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted provision of this Code.

b.

For a person who does not contest the citation, initial violations of this Code shall carry a civil penalty of $100.00, and repeat violations shall carry a civil penalty of $250.00.

c.

A person may contest the citation in the county court and shall be subject to a maximum civil penalty imposed by the court of $500.00.

5.

Administrative Fines.

a.

General. The Code Enforcement Board or a Special Magistrate—on receiving notice from City staff that an order it issued has not been complied with by the time specified in the order, or on finding that a repeat violation has been committed—may order the violator to pay an administrative fine in accordance with F.S. 162.09-10, including the higher maximum fines authorized by that statute.

b.

Criteria for Determining Amount of Fine. In determining the amount of a fine imposed under this section, the Code Enforcement Board or a Special Magistrate shall consider the following factors:

i.

The gravity of the violation;

ii.

Any actions taken by the violator to correct the violation; and

iii.

Any previous violations committed by the violator.

c.

Lien. On being recorded with the Volusia County Clerk of the Circuit Court, an order imposing an administrative fine or an administrative fine plus repair costs shall, in accordance with Chapter 162 of the Florida Statutes, constitute a lien against the land on which the violation exists and on any other real or personal property owned by the violator, and may be recovered through suit or foreclosure.

6.

Injunction. When a violation occurs, the City may, either before or after the initiation of other authorized actions, apply to the appropriate court for a mandatory or prohibitory injunction ordering the offender to correct the unlawful condition or cease the unlawful use of the land in question.

7.

Order of Abatement.

a.

In addition to an injunction, the City may apply for and the court may enter an order of abatement as part of the judgment in the case. An order of Abatement may direct any of the following actions:

i.

That buildings or other structures on the land be closed, demolished, or removed;

ii.

That fixtures, furniture, or other moveable property be moved or removed entirely;

iii.

That improvements, alterations, modifications, or repairs be made;

iv.

That removed trees be replaced; or

v.

That any other action be taken as necessary to bring the land into compliance with this Code.

b.

The City may execute an order of abatement and shall have a lien on the property for the cost of executing the order.

8.

Equitable Remedy. The City may apply to a court of law for any appropriate equitable remedy to enforce the provisions of this Code. The fact that other remedies are provided under general law or this Code shall not be used by a violator as a defense to the City's application for equitable relief.

C.

Misdemeanor Penalties. Any person violating any of the provisions of this Code or who fails to abide by or obey all orders and resolutions promulgated as herein provided, shall be subject to arrest for a municipal ordinance violation, and shall be subject to the same penalties as a second degree misdemeanor.

D.

Cumulative Remedies and Penalties. The remedies and penalties provided for violations of this Code—whether civil or criminal—shall be cumulative and in addition to any other remedy or penalty provided by law, and may be exercised in any order.