Sec. 321.102. - Parking and accessibility for persons with disabilities applicable to certain existing buildings and structures, violations and penalties.

(a) Requirements. (1) To the extent that certain buildings and structures were required to have certain motor vehicle parking spaces for disabled persons on and after October 1, 1974, all such required parking spaces shall be sized, located, marked and signed in accordance with the requirements set forth in the Florida Building Code. (2) No property shall be constructed, occupied, used, or maintained in violation of the Florida Americans with Disabilities Accessibility Implementation Act, F.S. Sections 553.501-553.513 or the Florida Accessibility Code for Building Construction, including all rules, regulations and guidelines adopted pursuant thereto. (b) Violations and penalties. (1) It shall be a civil infraction for any person to commit any violation set forth in this Section. (2) A separate offense shall be deemed to have been committed for each infraction and for each day that a violation occurs and for each day that property exists or remains in violation of this Section. (3) The property owner violates this Section if the property is constructed, occupied, used or maintained in violation if this Section. (4) If property is managed or occupied by someone other than the owner, or is leased or rented, the tenant, lessee or manager also violates this Chapter if any building, structure, land or premises over which the tenant, lessee or manager has control is in violation of this Section. (5) The penalty for any civil infraction shall be civil penalties. The civil penalty for each separate infraction shall be $250. (6) In any matter in which the General Counsel files a suit for civil penalties or injunctive or other relief and the City prevails, the City shall be entitled to reasonable attorneys' fees. (7) In the event a citation for civil penalties is issued for a violation of this Section, and renovations are completed to bring the property into compliance with this Section prior to any hearing on the citation, the citation shall be rescinded. In the event a final judgment is obtained for a violation of this Section and renovations are completed to bring the property into compliance with this Section within six months of the final judgment, the final judgment shall be set aside. (Ord. 2001-1160-E, § 1; Ord. 2002-869-E, § 2; Ord. 2004-429-E, § 17; Ord. 2006-1085-E, § 1)