Sec. 388.408. - Notice of violation, form, method of service.

(a) A notice of violation shall be in writing and shall identify the vessel in violation [to include: the registration number of the vessel (if known); Hull identification number; the general description of the vessel including, make, model, color and length; and the name of the vessel (if known)]; the Section of the Code violated; the date(s) of the violation; and the location of the violation (to include: a general physical description and the identity of the Anchoring Limitation Area). The notice shall include a conspicuous statement that if the vessel is not removed within ten days, a citation may be issued. The notice shall provide the name and contact information of an officer to whom proof of non-violation of violation of anchoring limitation term limits may be presented and a statement informing that the owner, operator, or other person legally responsible for the vessel have ten days to provide proof that the vessel has not exceeded the limitations on anchoring, as described in Section 388.407 (c), otherwise a citation may be issued. The notice shall inform that a person to whom a citation is issued may request a hearing in the County Court to challenge an issued citation. The notice shall inform that the owner or the party legally responsible for the vessel being unlawfully anchored in an anchoring limitation area may be liable for and all costs incurred by the City to abate the violation, as described in Section 388.103 (l), if the vessel is not removed by the owner, operator, or other interested party. (b) If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, notice shall be provided by: (1) Certified mail, return receipt requested, to the last address listed in vessel registration record for the state of registration; if the vessel is not registered, by 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 vessel 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 30 days after the postmarked date of mailing, notice may be provided by posting as described in subparagraph (b); (2) Hand delivery by the sheriff or other law enforcement officer; (3) 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 (4) In the case of commercial premises, leaving the notice with the manager or other person in charge. (c) If the owner, operator, or other person legally responsible for the vessel is not known or cannot be ascertained upon reasonable effort, notice shall be posted in the following two locations for a period of 30 days: (1) conspicuously posted to the vessel in substantially the form described in Section 388.409 ; and (2) posted at the primary municipal government office. If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, in addition to providing notice as set forth in subsection (b), notice may be served by posting as described in this subsection. (d) In addition to providing notice as set forth in subsection (b) or (c), 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 four consecutive weeks. If published in print, the notice shall be published once during each week for four consecutive weeks (four 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. (e) A copy of the notice 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 (b). (g) 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. (h) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (b), together with proof of posting as provided in subsection (c), 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. (i) Notice of violation posted to a vessel 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 vessel, to wit: (describe the vessel) is in violation of Section 388.405 , Ordinance Code, and is unlawfully anchored for more than 45 consecutive days in any 6-month period in an Anchoring Limitation Area established pursuant to Chapter 388 , Part 4, Ordinance Code, to wit: (setting forth brief description of location and dates of known anchoring). The owner, operator, or other person legally responsible for the vessel may within ten days of the posting of this Notice present evidence of non-violation of the Anchoring Limitation Area restrictions by contacting the officer listed below to provide information described in Section 388.407 , Ordinance Code, 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. The owner or the other party legally responsible for the vessel being unlawfully anchored in an Anchoring Limitation Area 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 abate the violation, costs to remediate or mitigate damage or threatened damage to the environment caused by the violation, and the costs of enforcement of Chapter 388 , Part 4, Ordinance Code, if the vessel is not removed by the owner, operator, or other person legally responsible for the vessel. Dated this: (setting forth the date of posting of notice) Signed: (setting forth name, title, address, and telephone number of law enforcement officer). (Ord. 2022-61-E , § 3; Ord. 2025-432-E , § 6)