(a) The City Code Enforcement Board shall have jurisdiction to hear and decide cases in which violations of this chapter are alleged; or
(b) The city may enforce the provision of this Code by supplemental Code of Ordinance enforcement procedures as provided by F.S. Chapter 162, Part 2; or
(c) The city may prosecute violations by issuance of notices to appear for violation of a City Ordinance, in which case, the penalty for a violation shall be as follows:
(1) First violation - $50.00
(2) Second violation within twelve (12) months of adjudication of first violation - $100.00
(3) Third violation within eighteen (18) months of adjudication of first violation - $500.00
Each calendar day on which a violation exists shall constitute a separate violation for the purpose of determining the fine.
(d) A violation of this Article may be prosecuted as a nuisance. The City Attorney may bring suit on behalf of the city, or any affected citizen may bring suit in his or her name against the person or persons causing or maintaining the violation, or against the owner/agent of the building or property on which the violation exists. Relief may be granted according to the terms and conditions of F.S. Chapter 60, entitled Abatement of Nuisances.
(e) Violations of this Article may be enforceable by arrest.
(f) For the purpose of this section, any person owning or having responsibility for management of a business premises, however temporarily, any performer or disc jockey producing sound upon any business premises, any person playing, producing or controlling music, or other sound, any person having control of the volume of music or sound, and the business as named on the business tax receipt where the music or sound is emanating may be jointly and severally liable for compliance with this Article and shall be responsible for any violations hereof.
(g) No citation or notice to appear for a violation of this section shall be issued until a law enforcement officer or code enforcement officer has made contact with the owner, occupant or operator of the property from which the offending sound emanates to request abatement of the offending sound. When a request for abatement is made and the offending sound is not immediately abated, or if it resumes within ninety (90) minutes following initial abatement, or occurs again within three (3) days, a citation or notice to appear may issue without additional request for abatement.
(Ord. No. 01-55, § 1, 11-20-01; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 11-003, § 2, 2-15-11)