Sec. 388.103. - Administration and enforcement.

(a) Violations of this Chapter may be prosecuted as provided in F.S. § 125.69 and may be punishable upon conviction by a fine not to exceed $500 or by imprisonment not to exceed 60 days or by both such fine and imprisonment. Each violation of this Part shall constitute a separate offense. Nothing contained in this Chapter shall be deemed to prohibit the City of Jacksonville from seeking enforcement by any other means provided by law. (b) Except as otherwise stated within this Chapter, the Parks, Recreation & Community Services Department shall have responsibility for the administration of this Chapter for the City of Jacksonville and will cooperate with the second, third, and fourth urban services districts (the Beaches communities) in the administration of this Chapter. (c) The Director of the Parks, Recreation & Community Services Department, or designee, shall be responsible for the development of a tracking system to record complaints, notifications, citations, removals, and a general record of the enforcement of this Chapter. (d) The Director of the Parks, Recreation & Community Services Department, or designee, shall make annual reports to the Waterways Commission, in the month of June, regarding the enforcement of floating structures, derelict vessels, vessels at risk of becoming derelict, lost vessels, abandoned vessels, and At-risk/Public Nuisance Vessels, as defined in this Chapter. (e) Except as otherwise stated within this Chapter, members of all duly authorized law enforcement agencies within Duval County and its municipalities, as well as Code Enforcement Officers authorized pursuant to Section 23.803 of the Jacksonville Environmental Quality Division, as described in Section 23.801 , Ordinance Code, and the Jacksonville Municipal Code Compliance Division, as described in Section 34.301 , Ordinance Code, share enforcement duties as provided in this Chapter. (f) Except as otherwise stated within this Chapter, the Municipal Code Compliance Division shall be responsible for enforcement of the City's laws concerning nuisance abatement, floating structures, derelict vessels, vessels at risk of becoming derelict, and similar subject matters subject of this Chapter. (g) Except as otherwise stated within this Chapter, the Environmental Quality Division within the Office of Administrative Services shall be responsible for the enforcement of the City's laws concerning floating structures, derelict vessels, vessels at risk of becoming derelict, and other hazards to the environment, water quality, and related public health concerns within the waters of the county and similar subject matters subject of this Chapter. (h) The City may request legal representation from the Office of General Counsel, to commence and maintain the necessary action in the appropriate court to assist in the enforcement of this Chapter. (i) A law enforcement agency, law enforcement officer, or code enforcement officer, acting under this Chapter to relocate, remove, impound, store, destroy or dispose of, or cause to be relocated, removed, impounded, stored, destroy or dispose of, a vessel or floating structure from Waters of the county shall be held harmless for all damages to the vessel or floating structure resulting from such relocation, removal, impoundment, storage, or disposal, unless the damage results from gross negligence or willful misconduct. (j) Nothing in this Chapter shall be interpreted as a waiver of F.S. § 768.28. (k) A contractor performing activities at the direction of a law enforcement agency, law enforcement officer, or code enforcement officer, acting under this Chapter, must: be licensed in accordance with applicable United States Coast Guard regulations where required; obtain and carry in full force and effect a policy from a licensed insurance carrier in this state to insure against any accident, loss, injury, property damage, or other casualty caused by or resulting from the contractor's actions; and be properly equipped to perform the services to be provided. (l) All costs incurred by the City to abate a violation of this Chapter includes costs owed to a third party, and may include costs to relocate, remove, store, destroy or dispose of a vessel or floating structure pursuant to this Chapter; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation which may include, but is not limited to, the release of a pollutant or contaminant as described in Sections 360.408 (4) and (5), Ordinance Code; and may include costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of this Chapter. Costs are recoverable against the owner, operator, or other person legally responsible for the vessel or floating structure that is the subject of an enforcement action. Reimbursement for the removal, storage, destruction or disposal of vessels or floating structures resulting from the enforcement of this Chapter shall be provided to the entity that initially paid for those services. The Office of General Counsel shall represent the City in actions to recover such costs. The recovery of costs may include, but is not limited to, a special assessment lien against the subject vessel or floating structure. Such lien may be recorded in the public records of Duval County. Such lien shall accrue interest at the maximum legal rate allowed by law from the date of the City's invoice until the costs and administrative fee are paid. The Office of General Counsel is hereby authorized to file such instruments as are necessary to establish and enforce any lien for such costs. The City may foreclose on such lien pursuant to Section 91.112 , Ordinance Code. Such lien shall have equal dignity with a tax lien. (Ord. 2025-432-E , § 1)