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(A) The town hereby appoints the town’s Code Enforcement Officer as defined in F.S. Ch. 162 and § 31.33 of the Code of Ordinances of the town to enforce the provisions of this section.
(B) The Town Code Enforcement Officer is hereby authorized to enforce the provisions of F.S. §§ 489.127(1) and 489.132(1).
(C) Should the Town Code Enforcement Officer determine that a violation of F.S. §§ 489,127(1) and 489.132(1) exists the Code Enforcement Officer shall issue a citation in accordance with the provisions of F.S. § 489.127(5).
(D) The maximum general civil penalty may be levied not exceeding $2,000 if a violation of F.S. §§ 489.127(1) and 489.132(1) are found to exist. Additionally, an additional civil penalty of not more than $2,500 may be levied per day for each violation. In determining the amount of any fine the Code Enforcement Special Magistrate shall consider:
(1) The gravity of the violation.
(2) Any actions taken by the violator to correct the violation.
(3) Any previous violations committed by the violator.
(E) The town may collect outstanding fines against registered or certified contractors issued by the Construction Industry Licensing Board and may retain 75% of the fines it is able to collect, provided that the town transmits 25% of the fines it collects to the Florida Department of Business and Professional Regulation according to a procedure to be determined by the Florida Department of Business and Professional Regulation.
(F) To the extent of any conflict between the provisions of this section and F.S. Ch. 489, the provisions of F.S. Ch. 489 shall control.
(Ord. 2013-14, passed 11-26-2013)