§ 134-133. Penalties.  


Latest version.
  • (a)

    Any person who violates any provision of this division, or amendments thereto, shall be subject to the penalties provided in F.S. § 125.69. In addition, the county may bring suit for damages for any violation of this division and amendments thereto, and to restrain, enjoin or otherwise prevent a violation of or mandate compliance with this division and amendments thereto.

    (b)

    Any penalty provisions in section 1-6 of this Code apply to this division, except the $500.00 fine limitation in subsection (c), therein. Fines applicable to any violation(s) of this division shall be determined by the then existing rules of the respective enforcement forum.

    (c)

    Any violation of this division can be referred for enforcement by Collier County Code Enforcement Officer(s), in which event the provisions of section 2-2044 of this Code shall apply.

    (d)

    Any violation(s) of this division may be referred for enforcement to a code enforcement board, special magistrate, or nuisance abatement board, in which event the provisions of section 2-2030 of this Code shall apply.

    (e)

    No individual shall be subject to imprisonment for violating any provision of this division except as may be imposed by the court for contempt.

    (f)

    If it is determined by the public utility administrator that; (i) an emergency without notice to the owner; or (ii) after reasonable notice from staff to correct a correctable violation of this division was not promptly and completely corrected by the owner, whereby county staff (and/or a contractor contracted by the county) was required to correct, abate, cure or otherwise serve any hazard and/or contamination; make any repair, replacement and/or other improvement to any privately owned assembly or part thereof, and/or any connection, physical arrangement or facility (as such term is defined in this division), then pursuant to any applicable Florida law, including F.S. § 153.67, and/or Special Act Chapter 2003-353, Laws of Florida, including Section 10 and/or Section 22 therein, shall impose a lien (for such services) upon any parcel of property (land) affected thereby, including all costs, expenses, interests thereon, and, as applicable, reasonable attorney's fees and all other costs of collection as applicable.

    (g)

    All other enforcement provisions in Chapter 2003-353, Laws of Florida, also apply to violations of this division.

(Ord. No. 97-33, § 13, 7-29-97; Ord. No. 08-32, § 10)