Sec. 250.1309. - Enforcement; civil remedies.

(a) The Building Inspection Division, the Municipal Code Compliance Division, the Fire Chief and the Sheriff shall have concurrent jurisdiction to enforce the requirements of this Part as follows: (1) By the Municipal Code Enforcement Board or Special Master pursuant to the authority granted by F.S. Ch. 162, Part I, and Ch. 91, Ordinance Code, however, in no instance shall a civil penalty less than $250 per violation per day of violation be imposed; (2) By citation for civil penalties pursuant to the authority granted by F.S. Ch. 162, Part II, and Ch. 609, Ordinance Code, however, in no instance shall a civil penalty less than $250 per violation per day of violation be imposed; (3) By action for civil penalties through a court of competent jurisdiction as follows: (i) The civil penalty for convictions of violations committed by any person operating or allowing the operation of a simulated gambling establishment shall be as follows: (1) $2000 for a first violation; (2) $5000 for a second violation; and (3) $10,000 civil penalty for a third or subsequent violation. Additionally, the violator shall be prohibited from applying for any certificate of use for any property until such civil penalty awarded pursuant to this Section has been paid in full. Prohibitions against application for a certificate of use contemplated in this Section shall not become effective until the judgment requiring such prohibition becomes final; however such certificate of use shall not be issued unless and until the alleged violation is overturned. (ii) Civil penalties assessed against property owners who did not operate the illegal use themselves in violation of this Chapter shall be $1,000 per violation. Additionally, the violator shall be prohibited from applying for any certificate of use for any property until such civil penalty awarded pursuant to this Section has been paid in full. Prohibitions against application for a certificate of use contemplated in this Section shall not become effective until the judgment requiring such prohibition becomes final; however such certificate of use shall not be issued unless and until the alleged violation is overturned. (4) By an action for injunctive relief through a court of competent jurisdiction. (b) Upon notice from any agency authorized to enforce this Part, occupancy or operation of any structure or property where any simulated gambling device is being used or operated in violation of this Part shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property or to his or her agent or to the person operating any establishment where any simulated gambling device is being used or operated in violation of this Part. Failure to comply with the terms and conditions of a cease and desist order issued pursuant to this Part shall constitute an additional violation of this Part. Cease and desist orders may be lifted by the issuing agency upon demonstration that all simulated gambling devices have been removed and all applicable civil penalties have been paid. (c) The provisions of this Part may also be enforced through a private cause of action for injunctive relief filed by any adversely affected person. If such action is successful, a judgement for reasonable attorney's fees and costs may be awarded by the court. (Ord. 2019-209-E , § 2)