Sec. 388.203. - Notice of Violation; Form and service of notice.

(a) Whenever a code enforcement officer or law enforcement officer has reasonable cause to believe that a floating structure exists on the waters of the county in violation of this Part, the officer shall cause notice of violation to be served upon the owner, operator, or other person legally responsible for the floating structure. The officer may also provide a copy of the notice of violation to the owner of any non-public land adjacent to which such a floating structure is anchored, moored or aground. (b) Notice of violation shall be in writing, shall specify the violation alleged with reference to the relevant ordinance, and shall direct that the floating structure be removed from the waters of the county within a reasonable time, not less than five days otherwise a citation may be issued to the owner, operator, or other person legally responsible for the floating structure. Notice shall include that a person who has been issued a citation may request a hearing in the County Court to challenge a citation issued. Notice shall include a conspicuous statement in substantially the following form: IF THE OWNER OR OPERATOR HAS NOT REMOVED THIS FLOATING STRUCTURE FROM THE WATERS OF THE COUNTY OR SHOWN REASONABLE CAUSE FOR FAILURE TO DO SO WITHIN 21 DAYS OF THE DATE OF THIS NOTICE THIS FLOATING STRUCTURE WILL BE REMOVED AND DISPOSED OF AS LOST OR ABANDONED PROPERTY PURSUANT TO CHAPTER 705, FLORIDA STATUTES, OR SECTION 388.206, ORDINANCE CODE . The notice shall also inform that in addition to fines and penalties, the owner, operator, or other person legally responsible for the floating structure may be liable for all costs incurred by the City to abate the violation, as described in Section 388.103 (l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of a floating structure; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of Chapter 388 , Part 2, Ordinance Code. (c) Service of notice of violation required by this Part shall be provided as follows: (1) If the owner, operator, or other person legally responsible for the floating structure is known or ascertained by reasonable inquiry, notice shall be provided by: a. Certified mail, return receipt requested, to the address listed in the tax collector's office for tax notices or to the address listed in the County property appraiser's database. If the floating structure is owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If notice sent by certified mail is not signed as received within 14 days after the postmarked date of mailing, notice may be provided by posting as described in subparagraph (2); b. Hand delivery by the sheriff or other law enforcement officer, or code enforcement officer; c. Certified mail, return receipt requested, to the person's usual place of residence, if known; or leaving the notice at the person's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or, d. In the case of commercial premises, leaving the notice with the manager or other person in charge. (2) If the owner, operator, or other person legally responsible for the floating structure is not known or cannot be ascertained upon reasonable inquiry such notice shall be posted in the following two locations for a period of 21 days: a. Conspicuously posted to the floating structure; and b. Posted at the primary municipal government office. If the owner, operator, or other person legally responsible for the floating structure is known or ascertained by reasonable inquiry, in addition to providing notice or attempting notice as set forth in subsection (1), notice may be served by posting as described in this subsection. (3) In addition to providing notice as set forth in subsection (1) or (2), notice may be served by publication, if published in print in a newspaper or on a publicly accessible website, as provided in F.S. § 50.0311, for three consecutive weeks. If published in print, the notice shall be published once during each week for three consecutive weeks (three publications being sufficient) in a newspaper in the County, such newspaper shall meet such requirements as are prescribed under F.S. Ch. 50 for legal and official advertisements. (d) Failure in notification to the owner of any non-public land adjacent to which a floating structure is anchored, moored or aground is not grounds to invalidate otherwise lawful service upon the owner, operator, or other person legally responsible for the floating structure. (e) A copy of the notice of violation shall be sent to the lien holder, if any, by certified mail, return receipt requested, on the same day as posting, mailing or publishing, or as soon as practicable thereafter. Failure in notice to the lien holder, if any, does not invalidate an otherwise validly issued citation. (f) Notice by posting or publishing may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (c). (g) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (c)(1), together with proof of posting as provided in subsection (c)(2), shall be sufficient to show that the notice requirements of this Part have been met, without regard to whether or not the alleged violator actually received such notice. (h) Proof of posting or publishing shall be by affidavit of the person posting or publishing the notice, which affidavit shall include a copy of the notice, posted or published, and the dates and locations of posting or publishing. (i) Notice of violation posted to a floating structure shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements, and shall be in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. There is reasonable cause to believe that this floating structure, to wit: (describe the floating structure) is in violation of Section 388.201 , Ordinance Code, and is unlawfully on the waters of the county, to wit: (setting forth brief description of location). THIS FLOATING STRUCTURE MUST BE REMOVED FROM THE WATERS OF THE COUNTY WITHIN 5 DAYS OF THE POSTING OF THIS NOTICE OTHERWISE A CITATION MAY BE ISSUED. A person to whom a citation is issued may request a hearing in the County court to challenge the citation. IF THE OWNER OR OPERATOR HAS NOT REMOVED THIS FLOATING STRUCTURE FROM THE WATERS OF THE COUNTY OR SHOWN REASONABLE CAUSE FOR FAILURE TO DO SO WITHIN 21 DAYS OF THE DATE OF THIS NOTICE THIS FLOATING STRUCTURE WILL BE REMOVED AND DISPOSED OF AS LOST OR ABANDONED PROPERTY, PURSUANT TO CHAPTER 705, FLORIDA STATUTES OR SECTION 388.206, ORDINANCE CODE. The owner, operator or other person legally responsible for the floating structure being unlawfully on the waters of the county may be liable for all costs incurred by the City to abate the violation, as described in Section 388.103 (l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of the floating structure; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of Chapter 388 , Part 2, Ordinance Code. Dated this: (setting forth the date of posting of notice) Signed: (setting forth name, title, address, and telephone number of officer). (Ord. 2025-432-E , § 3)