§ 134-374. Enforcement and penalty provisions.

(a)

Section 134-156 of this, the Collier County Code of Ordinances, applies throughout this article. Violations of this article may be prosecuted pursuant to 125.69, Florida Statutes, or its successor in function.

(b)

Any violation of this article is declared to be a misdemeanor within the meaning of Section 775.08, Florida Statutes, and shall be punishable as therein provided, except the county may specify in the respective case that imprisonment is not a possible penalty except for contempt of court. Any person building, installing, or operating a water utility, sewer utility, bulk water utility, or any combination thereof, without a valid exemption by the county issued upon application therefore by the utility, or without a franchise therefor issued by the board shall be guilty of a misdemeanor, which may be published as then provided by law. Each day of such operation may be deemed to be a separate misdemeanor. If any utility, by any officer, agent or employee, or any other person, knowingly refuses to comply with, or willfully violates any provision of this article or any rule or order of the board or authority, such utility, officer, agent or employee, or other person shall, if convicted, be guilty of a misdemeanor as specified.

(c)

The authority may initiate a complaint to the code enforcement board for violation of this article in accordance with Chapter 162, Florida Statutes.

(d)

Administrative penalty. For any violations of a franchise or of this article or of any written rule of the board or of the authority under this article, the authority may assess an administrative penalty not exceeding $500.00, which may be collected in civil court of law of competent jurisdiction. Each day a violation continues may be considered as a separate violation.

(e)

Failure to file on time. Whenever any filing requirement of any utility, including all required accompanying documentation (report and/or statements), are not filed within the applicable prescribed time period, the utility shall be notified of the delinquency by certified mail or other means of actual delivery. If the required fee and other documentation are not filed within 30 days after the notice of delinquency has been received by the utility, (or within such lesser time as specified in the notice), the authority may conduct an independent audit of the books and records of the franchisee to determine the amount of the fee that is due, or may calculate the fee by projecting the fee from the utility's previous then recent experience. If the county calculates any such fees because the utility has not done so in a prompt and complete manner, the utility shall be liable for all applicable late charges plus all of the county's costs, including attorney's fees, costs of collection and costs of legal action(s) to enforce collection.

(f)

Costs. Any utility officer, agent, or employee, or other person convicted under the provisions of this article shall pay, to the fullest extent allowed by law, all costs and expenses involved in that case.

(g)

The county may take such other lawful action in any court of competent jurisdiction as the county deems necessary to prevent or remedy any refusal to comply with, or any violation of, this article and/or any rule of order of the board or the authority. Such action may include and shall not be limited to, an equitable action for injunctive relief, or any action at law for damages or other relief or remedy.

(Ord. No. 96-6, § 1-24, 2-27-96)