131.42(A) Pursuant to F.S. Chapter 162, in addition to any other judicial or administrative remedies or penalties provided by
, rule, regulation or ordinance, any
who violates any of the provisions of this Chapter, any lawful cease or desist or stop work order of the
, any notice to correct a violation or any assurance of voluntary compliance, or any other lawful order of the
, or any condition, limitation or restriction on the permission granted a provider under this Chapter to occupy the
’s
, shall be subject to the judicial or administrative imposition and recovery of a civil penalty in an amount of not more than $250.00 per first offense and up to $500.00 for repeat violations. If any violation of this Chapter is judicially determined to have caused irreparable injury, then the
shall be subject to a civil penalty of not more than $5,000.00. Each day during any portion of which a violation occurs or continues to occur constitutes a separate offense. Such monies recovered by the
shall be deposited in a separate
fund to use exclusively for enforcement of this Chapter. This Section shall be enforced in a manner consistent with F.S. Chapter 162.
131.42(B) It shall be unlawful for any
to violate any of the provisions of this Chapter. In addition to any other judicial or administrative remedies provided by
, rule, regulation, ordinance, or this Chapter, the
shall have the following judicial remedies available to enforce the provisions of this Chapter:
131.42(B)(1) The
may institute a civil action in a court of competent jurisdiction to seek temporary or permanent declaratory or injunctive relief to enforce compliance with or prohibit the violation of any of the provisions of this Chapter.
131.42(B)(2) The
may institute a civil action in a court of competent jurisdiction or an appropriate administrative proceeding to impose and recover the civil penalties referred to in subsection 131.42(A) above.
131.42(B)(3) The
may institute a civil action in a court of competent jurisdiction to seek restitution and other equitable relief to recover any sums and costs expended by the
for tracing, investigating, preventing, controlling, abating or remedying any violation of any of the provisions of this Chapter.
131.42(C) The
may recover its attorneys’ fees in any civil action instituted hereunder in which it substantially prevails.
131.42(D) All judicial and administrative remedies in this Chapter are independent and cumulative.
(Ord. 2010-23, passed 10-4-2010)