§ 2.06.06. Violations and Enforcement

A.

Violations. It is a violation of section 2.06.00 to rent, sell or occupy, or attempt to rent, sell or occupy, an affordable housing unit provided under the AHDB program except as specifically permitted by the terms of section 2.06.00, or to knowingly give false or misleading information with respect to any information required or requested by the County Manager or designee or by other persons pursuant to the authority which is delegated to them by section 2.06.00.

B.

Notice of violation. Whenever it is determined that there is a violation of section 2.06.00, a notice of violation shall be issued and sent by the County Manager or designee by certified return receipt requested U.S. mail, or hand delivery to the person or developer in violation of section 2.06.00. The notice of violation shall be in writing, shall be signed and dated by the County Manager or designee or such other county personnel as may be authorized by the BCC, shall specify the violation or violations, shall state that said violation(s) shall be corrected within 10 days of the date of notice of violation, and shall state that if said violation(s) is not corrected by the specified date that civil and/or criminal enforcement may be pursued. If said violation(s) is not corrected by the specified date in the notice of violation, the County Manager or designee shall issue a citation which shall state the date and time of issuance, name and address of the person in violation, date of the violation, section of these regulations, or subsequent amendments thereto, violated, name of the County Manager or designee, and date and time when the violator shall appear before the code enforcement board.

C.

Criminal enforcement. Any person who violates any provision of this section shall, upon conviction, be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail for a term not to exceed 60 days, or by both, pursuant to the provisions of F.S. § 125.69. Such person also shall pay all costs, including reasonable attorney's fees, including those incurred on appeal, involved in the case. Each day such violation continues, and each violation, shall be considered a separate offense.

D.

Civil enforcement. In addition to any criminal penalties which may be imposed pursuant to section 2.06.06 C. above, Collier County and the County Manager or designee shall have full power to enforce the terms of this section and any AHDB development agreements, rezoning conditions or stipulations, and planned unit development (PUD) conditions and stipulations pursuant to this section and the rights, privileges and conditions described herein, by action at law or equity. In the event that it is determined that a violation has occurred and has not or will not be corrected within 60 days, the certificate of occupancy for all AHDB units within the development shall be withdrawn and the sanctions or penalties provided in the AHDB development agreement shall be pursued to the fullest extent allowed by law.

(Ord. No. 04-72, § 3.J; Ord. No. 19-02, § 3.G)