(A) General.
(1) Purpose. This section establishes procedures and standard to ensure compliance with the provision of this LDC and obtain corrections for violation of the LDC.
(2) Compliance required. Compliance with all the procedures, standard, and other provisions of this LDC are required by all persons owning, developing, managing, using or occupying land or structures in the city.
(3) Development or approval only authorizes development approved. A development order, development approval or permit issued under the provisions of this LDC shall only authorize the specific use, arrangement, location, design, density, or intensity, and development set forth in such approval.
(B) Violations.
(1) Failure to comply with the LDC or term or condition of approval. Any failure to comply with the standards, requirements, prohibition, or limitations imposed by this LDC, or the terms or conditions of any development order or authorization granted in accordance with this LDC shall constitute as a violation of the LDC.
(2) Specific violations. It shall be a violation of this LDC to undertake any activity contrary to the provisions of this LDC, including but not limited to the following:
(a) Developing land or constructing any structure without first obtaining all required building permits, appropriate approvals and complying with all terms and conditions.
(b) Occupying land or any structure without first obtaining all appropriate approvals and complying with all terms and conditions.
(c) Excavating, grading, cutting, clearing, or undertaking any land disturbing activity without first obtaining all appropriate development permits and approvals, and complying with their terms and conditions.
(d) Removing existing trees from a site or parcel of land without first obtaining appropriate permits and approvals and complying with their terms and conditions.
(e) Installing, creating, erecting, altering, or maintaining any sign without first obtaining the appropriate building permits and approvals, and complying with their terms and conditions.
(f) Failing to remove any sign installed, created, erected, or maintained in violation of this Code, or for which the relevant permit or approval has expired.
(g) Creating, expanding, replacing, or changing any nonconformity except in compliance with this Code.
(h) Reducing or diminishing the requirements for development, design, or dimensional standards below the minimum required by this Code.
(i) Increasing the intensity or density of development, except in accordance with the standards of this Code.
(j) Utilizing or operating a business without obtaining and maintaining a valid business tax receipt.
(k) Through any act or omission, fail to comply with any other provisions, procedures, or standards as required by this Code.
(C) Enforcement responsibilities. The Planning and Economic Development Department, Code Compliance Division and other applicable departments shall be responsible for enforcing the provisions of this LDC. The City Manager or their designee may delegate authority to another city official to aid in the enforcement of the provision of this LDC.
(D) Code enforcement violation and hearing procedures. Code enforcement violation and hearing procedures shall be consistent with procedures set forth within Chapter 32 of the City Code of Ordinances and F.S. Chapter 162, as may be amended from time to time.
(E) Notice to abate.
(1) When the City Manager or their designee finds that any premises or property within the city may be maintained contrary to one or more of the provisions of this section, shall notify the owner, lessee, occupant, mortgagee, or beneficiary by written notice, served personally or posted on the premises, stating the conditions which constitute the public nuisance and shall order the abatement of the nuisance by a time period consistent with the nature of the violation. Failure to bring about compliance within the time stated shall result in a summons before the Code Enforcement Board, the special magistrate, or the county court. The summons shall be served according to state statutes.
(2) Abatement by the city. If the person fails to abate the nuisance within the time set forth, the city may proceed to abate the nuisance.
(3) Record of expenses. The city shall keep an itemized account of the expenses involved in abating the nuisance. The city shall post conspicuously on the property and shall also mail to the owner of the property a statement showing the expense of the abatement, together with a notice of the time and place when the statement will be submitted to the Commission for approval and confirmation, and at which time the Commission shall consider objections or protests to the cost of the work.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021; Am. Ord. 2022-02, passed 6-15-22)