Sec. 307.111. - Enforcement; civil remedies.

(a) Except as otherwise provided herein, the requirements of this Chapter shall be enforced by the Planning and Development Department as follows: (1) By the Special Magistrate 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 $100 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 $100 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 an agent hired by or working on behalf of the property owner to perform work or by a property owner who performed such work him or her self on any structure or property regulated under this Chapter or for violations of Section 307.110 shall be as follows: (1) $1,000 for a first violation; (2) $2,000 for a second violation; and (3) $3,000 civil penalty for a third or subsequent violation, and the violator shall be prohibited from applying for a certificate of appropriateness for work not associated with the correction of the violation for a period of three months. Additionally, the violator shall be prohibited from applying for any certificate of appropriateness until such civil penalty awarded pursuant to this Section has been paid in full. Prohibitions against application for a certificate of appropriateness contemplated in this Section shall not become effective until the judgment requiring such prohibition becomes final. (ii) Civil penalties assessed against property owners who did not do the unauthorized work themselves for violations of this Chapter shall in no instance be less than $50 and no more than $500 per day per violation. (4) By an action for injunctive relief through a court of competent jurisdiction; and (5) Violators holding a contractor's certification or license shall in all instances be referred to the Construction Trades Qualifying Board, and/or the appropriate State licensing board, for further enforcement. Each day and each unauthorized alteration of each separate historic element regulated by this Chapter shall constitute a separate violation of this subpart (a). (b) In cases where a structure has been either demolished or relocated in violation of this Chapter, or where any building has to be demolished by the City pursuant to the property safety requirements of Chapter 518 and the owner of said building has received two or more notices from the City regarding neglect or failure to comply with Chapter 518 as they pertain to the structure, a civil penalty shall be assessed in an amount equal to 30 percent of the market value of the property and structure(s) prior to its demolition, however this civil penalty shall be no less than $10,000. This civil penalty shall be in addition to and separate from any costs incurred by the City in removal of any structure and otherwise recoverable from the property owner. Additionally and separate from any civil penalty provision in this Section, there shall be no certificate of appropriateness issued for new development on the subject property for a period of one year from the date the City's judgment for civil penalties has become final, unless and only when such certificate of appropriateness is issued to correct and repair a partial demolition. (c) In addition to civil penalties, any person altering, demolishing or relocating all or any portion of property in violation of the provisions of this Chapter may be required to repair or restore any such property or to return it to its former location and condition. (d) In cases where the violation is of a nature such that it can be readily and appropriately reversed, the property owner or agent shall have 10 days from notice of the existence of a violation or issuance of a citation or stop work order to begin corrective action or reversal of the violation before a civil penalty may be levied. If the corrective action or reversal of the violation is not commenced in a significant manner (such as hiring a contractor to begin corrective measures or filing an application for a certificate of appropriateness to perform such corrective action), civil penalties shall accrue from the date the notice, citation or the stop work order was initially provided to the property owner or agent. Filing an application for a certificate of appropriateness seeking to gain after-the-fact approval of the unauthorized work shall not be considered commencement of corrective actions. All corrective actions under this subpart shall be complete within six months after receiving an approved certificate of appropriateness, unless an extension of time is granted in writing by the Director of the Planning Department. (e) The owner or tenant of any structure subject to the regulations of this Chapter and any architect, planner, surveyor, engineer, realtor, attorney, builder, contractor, agent or other person who commits, participates in, assists in, or maintains a violation may be found guilty of a separate offense and suffer the same penalties as the person or entity actually performing the unauthorized actions. (f) The daily accrual of any civil penalty shall be tolled from the date a complete application for a certificate of appropriateness seeking after-the-fact approval of unauthorized work is filed with the Planning Department until a final decision is rendered on such application. If such application results in a denial in whole or in part for the unauthorized work, the civil penalty authorized under this Section for work associated with such denial shall be tallied uninterrupted from the original date of the violation. (g) Work that has been done without first obtaining a required certificate of appropriateness or that has been done in violation of or contrary to an approved certificate of appropriateness, including any conditions imposed therein, shall be considered irreparable or irreversible. (h) Civil penalty payments recovered pursuant to this Chapter shall be used to fund enforcement efforts under this Chapter, with any remainder deposited into the Historic Preservation Trust Fund on an annual basis. Upon successful prosecution of any violation of this Chapter wherein the City has filed suit in a court of competent jurisdiction to recover a civil penalty and/or obtain injunctive relief, the City shall be authorized to recover its reasonable attorney's fees and costs. (Ord. 90-706-486, § 3; Ord. 94-337-183, § 15; Ord. 2004-429-E, § 14; Ord. No. 2006-847-E, § 1) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.