155.8402. CIVIL REMEDIES
Publisher's Note: This Section has been AMENDED by new legislation (Ord. 2021-48 , adopted 3-23-2021). The text of the amendment will be incorporated below when the ordinance is codified.
   A.   Issuance of Stop Work Order
Whenever construction, demolition, renovation, alteration, or repair of a structure—or work involving landscaping or trees—is being conducted in violation of any applicable provision of this Code, the City may issue a Stop Work Order. The Stop Work Order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons for cessation, and the action(s) necessary to lawfully resume work.
   B.   Revocation of Permit or Approval
      1.   General
   The City may revoke any development order other than a Zoning Use Certificate by written notice to the holder when false statements or misrepresentations were made in securing the development order, work is being or has been done in substantial departure from the approved application or plan, there has been a failure to comply with the requirements of this Code, or a development permit has been mistakenly granted in violation of this Code.
      2.   Revocation of Zoning Use Certificate
   A Zoning Use Certificate may be revoked or suspended only in accordance with the following provisions.
         a.   The Director of Development Services may revoke, upon written notice provided, an approved Zoning Use Certificate when same has been issued in error or otherwise in violation of the provisions of this Code. Said determination may be appealed to the Zoning Board of Appeals pursuant to the provisions of Section 155.2424, Appeal.
         b.   The Special Magistrate may, following a public hearing, revoke or suspend a Zoning Use Certificate on finding that any of the following conditions exist:
            i.   The holder of the Zoning Use Certificate used fraud or misrepresentation in its description of the conduct or specific nature of the activity at the premises in the application for the Zoning Compliance Permit or a Business Tax Receipt or otherwise provided misleading information in the application process; or
            ii.   The activity at the premises constitutes a public nuisance, based on the use of the business place or premises in a manner as specifically described in Fla. Stat. § 893.138(2)(a) through (e) inclusive; or
            iii.   The holder of the Zoning Use Certificate or any of the owners, directors, officers or principals of the specified premises on the Zoning Use Certificate has, within three years of the application date, been convicted of the violation of any of the laws of the United States, the State of Florida or any other state, or the ordinances of the City, where the conviction is specifically related to the conduct of Zoning Use Certificate holder's present business; or
            iv.   The holder of the Zoning Use Certificate has failed to maintain the location of the business in compliance with all applicable building and zoning codes and ordinances and has failed to cure violations of such codes and ordinances after receiving notice of the violation from the City.
         c.   Before a Zoning Use Certificate may be revoked or suspended, the City shall provide the holder of the Zoning Compliance written notice that the Special Magistrate will hold a public hearing to consider revocation of the Zoning Use Certificate. Such notice shall be delivered at least 15 days before the hearing via certified mail, return receipt requested.
         d.   If the Special Magistrate revokes or suspends a Zoning Use Certificate, no portion of the Zoning Use Certificate fee shall be refunded.
         e.   Any final decision by the Special Magistrate on whether or not to revoke or suspend a Zoning Use Certificate shall be immediately reviewable as a matter of right by the Circuit Court by the filing of an appropriate pleading by the aggrieved party within 30 days after the date of the decision.
         f.   Where a revoked or suspended Zoning Use Certificate is for a business engaged in an activity constitutionally protected by the First Amendment, the City shall stay enforcement of the revocation or suspension during the 30-day appeal period and during the pendency of any appeal until a final order is issued by the court. During the appeal process, the business may continue to operate.
      3.   Revocation of Community Residence and Recovery Community Certificate
         A Community Residence and Recovery Community Certificate may be revoked or suspended only in accordance with the following provisions.
         a.   The Director of Development Services may revoke, upon written notice provided, an approved Community Residence and Recovery Community Certificate when same has been issued in error or otherwise in violation of the provisions of this Code. Said determination may be appealed to the Zoning Board of Appeals pursuant to the provisions of Section 155.2424, Appeal.
         b.   For Community Residence and Recovery Community Certificates that were issued based on inaccurate or fraudulent information, the Special Magistrate, following a public hearing, may revoke or suspend a Community Residence and Recovery Community Certificate on finding that any of the following conditions exist:
            i.   The holder of the Community Residence and Recovery Community Certificate used fraud or misrepresentation in its description of the conduct or specific nature of the activity at the premises in the application for the Zoning Compliance Permit or a Business Tax Receipt; or
            ii.   The activity at the premises constitutes a public nuisance, based on the use of the business place or premises in a manner as specifically described in F.S. § 893.138(2)(a) through (e) inclusive; or
            iii.   The holder of the Community Residence and Recovery Community Certificate or any of the owners, directors, officers or principals of the specified premises on the Community Residence and Recovery Community Certificate has been found guilty of or has entered a plea of nolo contendre to, regardless of adjudication, any offense listed in F.S. § 435.04(2), unless the Department of Health has issued an exemption under F.S. § 397.4872; or
            iv.   The holder of the Community Residence and Recovery Community Certificate has failed to maintain the location of the community residence or recovery community in compliance with all applicable building and zoning codes and ordinances and has failed to cure violations of such codes and ordinances after receiving notice of the violation from the City.
         c.   Before a Community Residence and Recovery Community Certificate may be revoked or suspended, the City shall provide the holder of the Zoning Compliance written notice that the Special Magistrate will hold a public hearing to consider revocation of the Community Residence and Recovery Community Certificate. Such notice shall be delivered at least 15 days before the hearing via certified mail, return receipt requested.
         d.   If the Special Magistrate revokes or suspends a Community Residence and Recovery Community Certificate, no portion of the Community Residence and Recovery Community Certificate fee shall be refunded.
         e.   Any final decision by the Special Magistrate on whether or not to revoke or suspend a Community Residence and Recovery Community Certificate shall be immediately reviewable as a matter of right by the Circuit Court by the filing of an appropriate pleading by the aggrieved party within 30 days after the date of the decision.
         f.   When a revoked or suspended Community Residence and Recovery Community Certificate is for a community residence or recovery community engaged in an activity constitutionally protected by the First Amendment, the City shall stay enforcement of the revocation or suspension during the 30-day appeal period and during the pendency of any appeal until a final order is issued by the court. During the appeal process, the business may continue to operate.
   C.   Injunction
When a violation occurs, the City may, either before or after the initiation of other authorized actions, apply to the appropriate court for a mandatory or prohibitory injunction ordering the offender to correct the unlawful condition or cease the unlawful use of the land in question.
   D.   Order of Abatement
In addition to an injunction, the City may apply for and the court may enter an Order of Abatement as part of the judgment in the case. An Order of Abatement may direct any of the following actions:
      1.   That buildings or other structures on the land be closed, demolished, or removed;
      2.   That fixtures, furniture, or other moveable property be moved or removed entirely;
      3.   That improvements, alterations, modifications, or repairs be made;
      4.   That removed trees be replaced; or
      5.   That any other action be taken as necessary to bring the land into compliance with this Code.
   E.   Equitable Remedy
The City may apply to a court of law for any appropriate equitable remedy or other remedy as permitted by law to enforce the provisions of this Code. The fact that other remedies are provided under general law or this Code shall not be used by a violator as a defense to the city's application for equitable relief.
   F.   Execution of Court Decisions
      The City may execute an Order of Abatement if authorized by the Court in said order.
   G.   Denial or Withholding of Related Permits
The City may deny or withhold authorization to use or develop any land, structure, or improvements until an alleged violation related to such land, use, or development is corrected and any associated civil penalty is paid.
   H.   Payment into Tree Canopy Trust Fund for Tree Abuse
Any person violating the prohibition of tree abuse in Section 155.5204.G, Tree Abuse, shall make a payment into the city's Tree Canopy Trust Fund in the amount per abused tree set forth in the Appendix to this Code for a first offense, second offense, or third or subsequent offense, as appropriate.
(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-73, passed 7-23-13; Am. Ord. 2018-60, passed 6-12-18; Am. Ord. 2021-48, passed 3-23-21)