§ 1-14. General penalty; continuing violations; violation as public nuisance.

(a)

In this section, the term "violation of this Code" means any of the following:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense, a violation, an infraction, a civil infraction or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3)

Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation, an infraction, a civil infraction or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(b)

In this section, the term "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

(c)

Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be punished:

(1)

Pursuant to F.S. § 162.22, by a fine of not more than $500.00, imprisonment for a term not exceeding 60 days, or any combination thereof.

(2)

Pursuant to F.S. § 162.21, by a civil penalty not to exceed $500.00.

(3)

Pursuant to F.S. § 162.09, if enforcement is by the code enforcement board or a special magistrate, by a fine that shall not exceed $250.00 per day per violation for a first violation, $500.00 per day per violation for a repeat violation, and up to $5,000.00 per violation if the code enforcement board or special magistrate finds the violation to be irreparable or irreversible in nature. Such fines for each day the violation continues past the date set by the code enforcement board or special magistrate for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code enforcement board or special magistrate.

(4)

Any combination of subsections (c)(1), (2), and (3) of this section.

(d)

Except as otherwise provided by law or ordinance:

(1)

With respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense.

(2)

With respect to other violations, each act constitutes a separate offense.

(e)

The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise, or other administrative sanctions.

(f)

Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief.

(Code 1983, § 1-9; Code 2001, § 1-17)

State law reference

Municipal ordinance violations, F.S. §§ 162.22, 775.08.